Competition

  • March 26, 2015

    Goldman, JPMorgan Can't Toss Aluminum Price-Fixing MDL

    A New York federal judge on Thursday denied bids to toss multidistrict litigation accusing Goldman Sachs & Co., JPMorgan Securities PLC and others of antitrust violations for manipulating aluminum prices, ruling that plaintiffs have stated a plausible claim under the Sherman Act.

  • March 26, 2015

    Brazil Construction Co. Galvao Seeks Bankruptcy

    A Brazilian construction company alleged to have worked with dozens of other construction companies to corrupt Petrobras executives asked a court Wednesday for permission to file for bankruptcy after laying off 1,700 people in recent weeks.

  • March 26, 2015

    Walgreen, Others Sue Over Opana, Solodyn Generic Deals

    Continuing recent efforts to be part of pending pay-for-delay cases, a group of grocery chains including Walgreen Co. on Thursday filed joint complaints in Illinois and Pennsylvnia accusing the makers of opioid pain medication Opana ER and acne treatment Solodyn of standing in the way of generic competition. 

  • March 26, 2015

    German Appeals Court Nixes Suit Over Axed Porsche-VW Deal

    A German appeals court on Thursday tossed a suit brought by a group of hedge funds claiming that they lost money in Porsche Automobil Holding SE after the company’s unsuccessful effort to acquire Volkswagen AG, finding that the plaintiffs failed to show that Porsche had intended to cause harm with the way it conducted the bid.

  • March 26, 2015

    7th Circ. Stands By 2 Convictions In Bribery Scheme

    The Seventh Circuit on Thursday upheld the convictions of a former Chicago alderman and an ex-employee of a pharmacy benefit management company over a bribery conspiracy to obtain a government contract, finding the size and nature of the contract merited the federal bribery charges.

  • March 26, 2015

    Extradited Ex-Gov't Contractor Pleads Guilty To Bribing

    A former U.S. Department of Defense contractor pled guilty in Ohio federal court on Wednesday following a July 2014 extradition from Iraq over charges he tried to bribe department officials to win contracts, according to plea documents.

  • March 26, 2015

    AmEx To Pursue Stay In Anti-Steering Antitrust Suit

    American Express Co. on Wednesday said that it will seek a stay on a potential ban on its practice of barring merchants from encouraging consumers to use other credit card brands in a suit in which a New York federal judge found the practice violates antitrust law.

  • March 26, 2015

    Petrobras Investors Strike Back With Claims Of Vast Fraud

    Several investment funds have sued Petrobras, claiming the Brazilian oil and gas company overstated its assets by concealing billions of dollars in kickbacks, bribes and inflated contracts, and caused heavy losses for New York Stock Exchange investors.

  • March 26, 2015

    DOJ Wants More Info On $1.6B Expedia-Orbitz Merger

    Online travel giants Expedia Inc. and Orbitz Worldwide Inc. said Wednesday they have received requests for additional information from the Department of Justice antitrust division regarding the agency's review of the companies' pending $1.6 billion merger.

  • March 26, 2015

    4th Japanese Shipping Exec Sentenced In Price-Fixing Plot

    An executive of Japan-based Kawasaki Kisen Kaisha Ltd. pled guilty Thursday to his involvement in a conspiracy to fix prices, allocate customers and rig bids of international ocean shipping services and was sentenced to 18 months in a U.S. prison, the U.S. Department of Justice announced.

  • March 26, 2015

    UK's Antitrust Watchdog To Reassess Merger Remedies

    U.K. antitrust authorities on Thursday announced that they will review dozens of past requirements placed on firms involved in mergers before 2005 to see if they are still necessary or need to be changed as part of an effort to alleviate superfluous regulations.

  • March 26, 2015

    EU Antitrust Regulators Set Sights On E-Commerce

    A European Union official on Thursday called for a probe into the e-commerce sector in an attempt to erase digital geographical barriers to commerce that do not exist in the integrated bloc’s brick-and-mortar retail world, saying a well-functioning “Digital Single Market” could add about €340 billion ($372 billion) to GDP.

  • March 26, 2015

    S. Korea Levies $3.2M Fines Against Japan Auto Parts Cos.

    South Korean antitrust regulators slapped Japan-based Denso Corp. and NGK Spark Plug Co. Ltd. with 3.5 billion won ($3.17 million) in fines for allegedly rigging prices on exhaust gas temperature sensors sold to Hyundai Motor Group, according to Thursday news reports.

  • March 25, 2015

    NJ Medical Centers Dodge Charity Hospital's Antitrust Suit

    A federal judge in New Jersey dismissed an antitrust suit brought by charity hospital Deborah Heart and Lung Center against two other medical centers, ruling Deborah failed to prove allegations the defendants tried to edge the hospital out of the market for cardiac patients.

  • March 25, 2015

    Auto Parts Maker SKF Escapes Fla. AG's Price-Fixing Suit

    A federal judge in Michigan on Tuesday dropped Swedish manufacturer AB SKF from an antitrust suit launched by Florida’s attorney general that was added to multidistrict litigation, saying the court wields no jurisdiction over the company because of its scant ties to the United States.

  • March 25, 2015

    Walgreen, Others Sue Over Alleged Aggrenox Pay-For-Delay

    Walgreen Co., The Kroger Co., Safeway Inc. and other grocery chains on Wednesday filed a joint complaint against Teva Pharmaceuticals USA Inc. and Boehringer Ingelheim Pharmaceuticals Inc. in Pennsylvania federal court over an alleged $120 million pay-for-delay deal for a generic version of stroke drug Aggrenox.

  • March 25, 2015

    Korean Co. Likely Can't Get Noodle Price-Fix Claims Tossed

    A California federal judge said Wednesday that he likely won't let Samyang Foods Co. Ltd. dodge claims that it participated in a conspiracy to fix prices on ramen noodles imported to the U.S. from Korea, saying he found the indirect purchasers' Sherman Act allegations plausible.

  • March 25, 2015

    11th Circ. Urged To Nix 20-Year Medicare Fraud Sentence

    The owner of a Miami home health care company asked the Eleventh Circuit to overturn her conviction and 235-month prison sentence for running a $7 million Medicare fraud scheme, arguing Wednesday that she was prevented from presenting evidence to defend herself.

  • March 25, 2015

    6th Circ. Affirms Ink Pricing Injunction Against Kodak

    The Sixth Circuit on Wednesday upheld a preliminary injunction stopping Eastman Kodak Co. from engaging in a pricing scheme to stifle competition for Versamark printer ink, saying the district court had not abused its discretion.

  • March 25, 2015

    EU Eyes Copyright, Data Reforms For Digital Unity

    The European Commission laid out a wide-ranging plan Wednesday to create a unified digital market across the European Union that would modernize copyright law, simplify sales tax schemes, push for new data protection rules and attack online geographic price discrimination.

Expert Analysis

  • UK Competition And Markets Authority Targets Local Markets

    Alan Davis

    The U.K. Competition and Markets Authority's recent settlement with an association of estate and lettings agents, three of its members and a newspaper publisher is notable as an indication of the CMA's ambition to be more active in relation to cartel enforcement compared with its predecessor, say Matt Evans and Alan Davis of Jones Day.

  • Omnicare: Good News For Issuers But Questions Remain

    Brian T. Glennon

    The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • Biomet’s DPA Proves An Inescapable Device

    Amy Riella

    As just the latest in a series of companies facing additional scrutiny from U.S. regulators following the settlement of an enforcement action involving violations of the Foreign Corrupt Practices Act, Biomet Inc.’s current plight highlights the risks of continuing reporting and disclosure obligations contained in most deferred and nonprosecution agreements, say Amy Riella and Carla Jordan-Detamore of Vinson & Elkins LLP.

  • Antitrust's Attempt At Healthy Competition In Health Care

    Lori Lustrin

    Just as soon as the ink dried on the Affordable Care Act, the Federal Trade Commission and state attorneys general stepped up efforts to strike down anti-competitive mergers in the health care sector. This, in turn, has led many providers to feel conflicted between their desire to achieve economic efficiencies through mergers and consolidations and reluctance to risk antitrust liability. But hope is not lost, says Lori Lustrin of B... (continued)

  • NJ Supreme Court Clarifies Expert Testimony Rule

    Timothy Freeman

    Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.

  • 2 Years After Comcast, Little Has Changed

    Christopher Micheletti

    The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification game-changer. But a review of circuit court decisions interpreting Comcast shows that most courts have cabined its application, say Christopher Micheletti and Patrick Clayton of Zelle Hofmann Voelbel & Mason LLP.

  • OPINION: Not All That Is Public Should Be Publicized

    Adam C. Sherman

    Although court decisions are public records, that doesn’t mean they should be publicized by the courts on search engines, such as Google. Access alone isn’t the problem. The issue is that these decisions appear prominently atop search results — even when browsing parties are not looking for them. Courts have opened their doors, but they need not remove them entirely, says Adam Sherman of Vorys Sater Seymour and Pease LLP.

  • China’s Qualcomm Decision Sends Mixed Messages

    Peter Corne

    Some clues lead us to believe that China's Qualcomm Inc. decision was the result of a compromise between the investigator and the investigated, in the context of which the investigator somehow lost sight of the fact that it was deviating from the national law, say Peter Corne of Dorsey & Whitney LLP and Blake Yang of Martin Hu and Partners.

  • Up The Irish: St. Paddy’s Is For Celebrating Pro Bono, Too

    Kevin J. Curnin

    Just in time for St Patrick’s Day, Ireland has released the results of its first-ever survey on pro bono legal work. As befits a day that is mostly about celebrating, the results are encouraging. The results also mirror a lot of our experience in the United States regarding how and why — or why not — lawyers are contributing to the common good, says Kevin Curnin of the Association of Pro Bono Counsel.