Competition

  • July 29, 2015

    UFC Can't Stop Discovery In Fighters' Antitrust Suit

    The Ultimate Fighting Championship may have to produce some documents while it seeks to knock out a proposed class action by mixed martial artists who accuse the UFC of illegally dominating the sport, a Nevada federal judge said Tuesday, leaving the scope of discovery undetermined.

  • July 29, 2015

    AmEx Class Says Atty Doc Sharing Doesn't Hinder MDL Deal

    Gary Friedman of Friedman Law Group LLP and two other class plaintiff attorneys in the American Express anti-steering antitrust multidistrict litigation, told a New York federal court Wednesday that the recently disclosed communications between Friedman and a now-indicted former MasterCard attorney should have no bearing on the proposed settlement.

  • July 29, 2015

    NCAA Refutes O'Bannon's Scorn For Stay On Antitrust Order

    The NCAA on Tuesday reiterated its request to stay an injunction that would allow for college athletes to be paid for the use of their names, images and likenesses, saying plaintiffs have merely disparaged the organization while failing to give a substantive reason the delay should not be granted.

  • July 29, 2015

    Former Tribe Official Pleads Guilty In Corruption Scheme

    The former head of the Chippewa Cree Tribe’s roads department and environmental health unit pled guilty Tuesday in a corruption scandal involving fraudulent claims and hundreds of thousands of dollars in bribes and gifts, according to the U.S. attorney’s office in Montana.

  • July 29, 2015

    Filed Rate Doctrine Axes Kickback Claims, Mortgage Cos. Say

    A recent Second Circuit decision invoking the filed rate doctrine is fatal to two suits claiming mortgage servicers accepted kickbacks from insurers in exchange for requiring customers to buy force-placed insurance, a New York federal judge was told Tuesday.

  • July 29, 2015

    Sidley Snags Manatt Trial, Regulatory Leaders In LA

    Sidley Austin LLP has landed two partners from Manatt Phelps & Phillips LLP for its Los Angeles office, including Manatt's trial practice co-chair, who will bring experience in intellectual property, entertainment, antitrust and regulatory law, the firm announced on Tuesday.

  • July 29, 2015

    Whistleblower To Take CVS Kickback Suit To 7th Circ.

    A whistleblower accusing CVS Caremark Corp. of violating the Anti-Kickback Statute with $5 coupons handed out as part of a prescription rewards program that included Medicare and Medicaid enrollees is taking his case to the Seventh Circuit, according to a notice to appeal filed Tuesday in the Illinois district court where his suit was dismissed in June.

  • July 29, 2015

    AMC Tells FCC Online Video Rule Change Could Up Costs

    A proposed Federal Communications Commission requirement for networks to purchase online video distribution rights could seriously hurt unaffiliated programmers, AMC Networks Inc. told the agency in a letter made public Tuesday.

  • July 29, 2015

    8th Circ. Told Food Giants Can't Arbitrate Antitrust Row

    A Minnesota grocery store operator told the Eighth Circuit Monday that the two largest grocery wholesalers in the U.S. are attempting to enforce arbitration agreements over which they have no legal authority in order to dodge retailers’ consolidated actions accusing them of conspiring to hike prices.

  • July 28, 2015

    Ex-Teva Exec. Blames Firing On FCPA Probe Cooperation

    The former director of finance for Teva Pharmaceutical Industries Ltd.'s Latin America region sued the company Tuesday for allegedly firing her after she began cooperating with federal authorities on a Foreign Corrupt Practices Act investigation.

  • July 28, 2015

    Deals Rumor Mill: Blackboard, Quiksilver, GE, Syngenta

    Blackboard Inc., a private equity-backed education technology company, explores a sale that will value it around $3 billion, while surf wear retailer Quiksilver Inc. hires a restructuring adviser to help it turn around its business, as General Electric Co. offers to unload assets to an Italian rival with the hopes of scoring antitrust clearance from European regulators for its purchase of Alstom SA's energy business.

  • July 28, 2015

    Google VC Arm Should Stay In Philly Uber Fight: Cab Cos.

    A group of Philadelphia cab companies told a Pennsylvania federal judge on Monday that Google Inc.’s venture capital arm should remain in a lawsuit seeking to give Uber Technologies Inc. the boot from their city because Google “was no passive investor.”

  • July 28, 2015

    Foam Cos. Pay Indirect Buyers $22M To Exit Antitrust MDL

    Three foam makers have agreed to pay a combined $22.25 million to settle claims by indirect purchasers and exit multidistrict litigation accusing the companies of plotting to fix prices, the plaintiffs said in a motion filed Monday.

  • July 28, 2015

    Hyundai Hit With $66M Fine Over India Antitrust Violations

    An Indian subsidiary of Hyundai Motor Co. faces a 4.2 billion rupee ($65.8 million) fine after India’s competition watchdog recently found it violated the country’s antitrust laws by allegedly conspiring to keep sellers of aftermarket automotive parts and diagnostic tools from competing in the marketplace.

  • July 28, 2015

    Feds Try To Block Evidence In NJ Tax Lien Bid-Rigging Case

    Federal prosecutors moved Monday to prevent a group of investors from introducing evidence that tax collectors knew of an alleged conspiracy to manipulate the bidding process for tax lien auctions in New Jersey, saying that related arguments are irrelevant in the case.

  • July 28, 2015

    Spain Fines Global Automakers $189M For Cartel

    Spain has fined 20 automakers a total of €171 million ($189.1 million) for exchanging sensitive business information on the marketing and distribution of their vehicles and after-market parts, the country’s antitrust authority said Tuesday.

  • July 28, 2015

    Contact Lens Cos. Call Utah Pricing Law Unconstitutional

    Three contact lens makers continued their attack on a Utah law that bars manufacturers from mandating to retailers a minimum selling price, telling the Tenth Circuit on Monday the law is unconstitutional.

  • July 28, 2015

    GE, Alstom Trim $13.6B Deal In EU Antitrust Approval Bid

    French conglomerate Alstom SA has agreed to let General Electric Co. pay €300 million ($331.6 million) less than initially agreed for its power business as part of GE’s attempt to win approval for the deal from European Union antitrust regulators, Alstom said Monday.

  • July 28, 2015

    NJ Hospitals Challenge New Paramedic Takeover Law

    Two medical centers have sued New Jersey and Gov. Chris Christie over a new law authorizing hospitals with the state's highest comprehensive trauma care designation to exclusively take over paramedic services in their host towns, effectively stripping the plaintiffs of duties they'd held for decades.

  • July 28, 2015

    O'Bannon Tells 9th Circ. Not To Stop NCAA Antitrust Order

    College athletes told the Ninth Circuit on Monday not to delay a decision that allows them to be paid for the use of their names, images and likenesses, blasting the NCAA’s bid to stay the injunction as groundless and hyperbolic.

Expert Analysis

  • Why UK Backed Off From Loyalty Rebate Abuse Probe

    Diarmuid Ryan

    While the U.K. Competition and Markets Authority's decision to close its investigation into loyalty-inducing discounts offered by a pharmaceutical firm suggests a continuing reluctance to devote resources to complex abuse of dominance probes, the fact that the CMA investigated this for a year, together with the more active enforcement by other European competition authorities, shows that firms that may be dominant cannot afford to ... (continued)

  • China’s Focus On Commercial Bribery Is A Wake-Up Call

    Alex Brackett

    Earlier this month, six former employees of Tencent Holdings Ltd. were detained by Chinese authorities as part of a bribery investigation relating to payments made by online video content providers to Tencent employees. This case should remind companies that anti-corruption compliance involves more than just mitigating the risk of official bribery, say Alex Brackett and Ryan Bonistalli of McGuireWoods LLP.

  • Paging Providers, CMS Changes To Stark Law May Help You

    Linda A. Baumann

    The Centers for Medicare and Medicaid Services' proposed rule to simplify compliance with the Stark Law could benefit providers tremendously since the law is a strict liability statute and is increasingly being used by both whistleblowers and the government to impose multimillion-dollar judgments and settlements on hospitals and other health care providers, say attorneys at Arent Fox LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • EU InnoLux Ruling Affirms Potential For Higher Cartel Fines

    Matteo Bay

    The recent ruling by the EU Court of Justice in InnoLux Corp. v. European Commission confirmed that the commission is in specific circumstances permitted to take into account non-European Economic Area sales of cartelized inputs, but the decision is surprisingly limited in its analysis of jurisdictional issues, say attorneys with Latham & Watkins LLP.

  • Low Levels Of FCPA Enforcement Continued In Q2

    Marc Bohn

    Unless the pace of Foreign Corrupt Practices Act enforcement picks up considerably, as it did last year, 2015 is on track to be the lowest year in terms of resolved dispositions since 2005, say Marc Alain Bohn and Michael Skopets of Miller & Chevalier Chtd.

  • Ex Ante Vs. Ex Post: Janis Joplin’s Yearbook Revisited

    Paul E. Godek

    Fisher and Romaine’s well-known article, “Janis Joplin’s Yearbook and the Theory of Damages,” argues that commercial damages should be measured as of the time the challenged act occurred, an approach that has generally been favored. However, their argument is somewhat contrived, says Paul Godek, principal at MiCRA and a former economic adviser at the Federal Trade Commission.

  • Why Didn’t Raids Stop Price-Fixing In The Auto Industry?

    Jonathan Tomlin

    It is somewhat puzzling that numerous producers of automotive parts continued to fix prices despite the news of raids that ultimately led to government fines, civil litigation and jail time for their employees. The economics of deterrence provide at least some initial insight as to why this may have occurred, says Jonathan Tomlin of Navigant Economics.

  • Boxing Promoter Faces Tough Fight In Antitrust Suit

    Helen Maher

    In its antitrust suit against Floyd Mayweather’s manager, boxing promoter Top Rank Inc. heavily relies on a 1959 U.S. Supreme Court analysis, but it is unlikely that fact-finding that supported the creation of a distinct championship boxing market nearly 60 years ago would be relevant today, says Helen Maher, a partner at Boies Schiller & Flexner LLP and counsel for NASCAR.

  • A Midyear Review Of Criminal Antitrust Enforcement

    Rachel Brass

    Thus far in fiscal year 2015, the number and average length of prison sentences secured by the U.S. Department of Justice's Antitrust Division have decreased. If this trend continues, it will represent an eight-year low for average prison sentence length, say attorneys with Gibson Dunn & Crutcher LLP.