Competition

  • August 28, 2015

    Calif. Auto Dealers Want Brakes Put On Tesla Referral Deal

    A group of California auto dealers has blasted a new referral program from Tesla Motors Inc. offering incentives to current and prospective owners of the company's electric cars, described by Tesla founder Elon Musk as a "guerilla tactic" to boost sales, telling the state Department of Motor Vehicles that the offer undermines state dealer licensing laws.

  • August 28, 2015

    2nd Circ. Won't Revive Drug Price Suit Against J&J, Others

    The Second Circuit on Thursday refused to revive a drug price discrimination suit against Johnson & Johnson and other drugmakers, ruling a group of 28 retail pharmacies had failed to show they were harmed by the allegedly anti-competitive practices.

  • August 28, 2015

    MMA Promoter Told To Produce Casino Docs In Antitrust Suit

    A Pennsylvania federal judge on Thursday ordered Cage Fury Fighting Championships to produce documents allegedly detailing its contracts with casinos in an antitrust suit accusing them of conspiring to monopolize the mixed martial arts market in the Philadelphia region.

  • August 28, 2015

    Lupin, Allergan Get Support In Pay-For-Delay Fight At 1st Circ.

    Manufacturers and generic drug companies have rallied behind Lupin Pharmaceuticals Inc. and Allergan PLC in pay-for-delay litigation at the First Circuit, telling the court Thursday that Loestrin buyers' sweeping definition of “reverse payments” doesn’t fit with a recent U.S. Supreme Court decision.

  • August 28, 2015

    HSBC Says Plaintiffs Risk No Recovery If $1.8M Deal Not Ok'd

    HSBC PLC urged a Colorado federal judge to approve a $1.8 million settlement reached with putative class members who alleged the bank took kickbacks for steering consumers into inflated flood insurance contracts, saying Friday the group faced the “very real risk” of no recovery without the deal.

  • August 28, 2015

    Cleary Snags Former EU Mergers Chief For Antitrust Group

    Cleary Gottlieb Steen & Hamilton LLP has announced that it has added a former top European Commission merger regulation official to its Brussels, Belgium, and Cologne, Germany, offices.

  • August 28, 2015

    International Cos. Escape Vehicle Shipping Price-Fixing MDL

    A New Jersey federal judge on Friday dismissed multidistrict litigation alleging that a number of international shipping companies had conspired to stifle competition and inflate prices for transporting vehicles, ruling the claims weren’t actionable under U.S. federal law.

  • August 28, 2015

    FCC Regs On Shared Broadcast Deals Unneeded, DC Circ. Told

    The Federal Communications Commission was right not to regulate shared services agreements between local television stations because it has too little knowledge of their workings, broadcaster groups National Association of Broadcasters and Nexstar Broadcasting Inc. told the D.C. Circuit on Thursday.

  • August 28, 2015

    Auto Parts Co. Says Latham Biased Judge In Price-Fixing Row

    Jui Li Enterprise Co. Ltd. renewed its bid Thursday to disqualify a Wisconsin federal judge from presiding over litigation accusing it and other auto parts suppliers of price-fixing, arguing its former counsel Latham & Watkins LLP has compromised the judge’s impartiality.

  • August 28, 2015

    Biz Groups Fight FCC's Cable Rate Order In DC Circ.

    Business and advocacy groups on Friday filed a lawsuit in the D.C. Circuit challenging a June order from the Federal Communications Commission that could loosen up cable operators across the country from local rate regulation, warning the move will harm consumers.

  • August 28, 2015

    Petrobras Not Immune To PREPA Kickback Suit, Class Says

    A proposed class told a Puerto Rico federal judge on Thursday that Petrobras Brazil — which allegedly conspired with the commonwealth’s embattled power utility, PREPA, in a fuel kickback scheme — could not claim immunity, because it had related business dealings in the U.S.

  • August 28, 2015

    Circuit City Drops Mitsubishi Claims In Price-Fixing MDL

    The bankruptcy trustee of Circuit City Stores Inc. has agreed to drop its claims against Mitsubishi Electric Corp. and various related entities in multidistrict litigation alleging they were part of a conspiracy to fix the prices of cathode ray tubes in televisions, according to a Thursday filing in California federal court.

  • August 27, 2015

    Minor Leaguers' MLB Antitrust Pay Case Could Strike Out

    A California federal judge on Thursday sounded ready to dismiss a putative class action accusing Major League Baseball of violating federal antitrust law by suppressing minor leaguers’ compensation, saying the Ninth Circuit this year affirmed that Major League Baseball remains exempt under antitrust law.

  • August 27, 2015

    FTC Taps Baker Botts Partner For Deputy Chief Trial Counsel

    The Federal Trade Commission has selected a veteran Baker Botts LLP attorney to be the next deputy chief trial counsel for the agency’s competition bureau, the firm announced Thursday.

  • August 27, 2015

    Ex-Telecom Heads Can't Nix SEC’s Witness In FCPA Case

    A New York federal judge will allow a deposition of the Macedonian secret service’s ex-chief in the Foreign Corrupt Practices Act trial of three former executives of a Hungarian telecommunications company, ruling the deposition’s problems do not doom the testimony.

  • August 27, 2015

    Home Health Co. Owners Charged With $6M Medicare Fraud

    A federal grand jury has indicted the owners of a Chicago home health care business and others on 23 counts that they allegedly defrauded Medicare of more than $6 million following a kickback scheme, prosecutors said Thursday.

  • August 27, 2015

    11th Circ. Revives Ex-TransUnion Exec's Noncompete Battle

    The Eleventh Circuit on Thursday ruled that a lower court erred by finding that a section of Florida’s noncompete law could be used to enforce injunctions on restrictive covenants, reviving an executive’s bid to kill enforcement of his agreement with TransUnion Risk and Alternative Data Solutions Inc.

  • August 27, 2015

    Send FCC Joint Sales Ban Dispute To 3rd Circ., Panel Told

    A pair of trade groups Thursday urged a D.C. Circuit panel to move a challenge of the Federal Communications Commission’s proposed ban on joint sales agreements between local television stations to the Third Circuit, saying it had retained jurisdiction.

  • August 27, 2015

    Google Calls EU's Shopping Sites Antitrust Fears 'Unfounded'

    Google Inc. defended the format of its search results and display advertising process to the European Commission on Thursday, saying that the competition watchdog's concerns that the search giant had diverted traffic away from rival shopping sites were "unfounded."

  • August 27, 2015

    3rd Circ. Won't Revive Quest Diagnostics Kickbacks Row

    The Third Circuit refused Wednesday to revive a suit brought by a Pennsylvania physician alleging Quest Diagnostics Inc. offered doctors perks and kickbacks for referrals, holding he failed to overcome the False Claims Act's provisions prohibiting claims based on information that’s already publicly disclosed.

Expert Analysis

  • The Confusion Over Leegin And Retail Price Restraints

    Leonard N. Budow

    The 2007 U.S. Supreme Court case Leegin Creative Leather Products Inc. v. PSKS Inc. was supposed to unloose vertical price restraints by allowing resale price maintenance agreements, but the anticipated uptick of RPMs in franchise and distribution agreements never actually happened, due to various misconceptions surrounding the decision, says Leonard Budow at Fox Rothschild LLP.

  • Understanding PURPA Rights In Power Purchase Agreements

    Daniel R. Simon

    After many years of waning significance, the Public Utility Regulatory Policies Act of 1978 has reignited as a useful tool for renewable energy and cogeneration project developers. But before negotiating a power purchase agreement of any type, developers, lenders and investors should understand their rights under PURPA, says Daniel Simon at Stroock & Stroock & Lavan LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • The Rationale Behind BP Texas Manipulation Ruling

    Paul J. Pantano Jr.

    Administrative Law Judge Carmen Cintron relied heavily on Federal Energy Regulatory Commission v. Barclays Bank PLC as support for her holding that BP PLC engaged in the manipulation of Texas' natural gas market in 2008, dismissing BP's contention that relying on the Barclays case is inappropriate because a federal court is reviewing the case de novo, say attorneys at Cadwalader Wickersham & Taft LLP.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Insurance Filed Rate Defense Wins Over The 2nd Circuit

    Sandra D. Hauser

    The Second Circuit's noteworthy embrace of the filed rate doctrine in Rothstein v. Balboa Insurance Co. gives a strong boost to a doctrine that has come under scrutiny in the trial courts for some time, say attorneys at Dentons.

  • 5 Takeaways From Former SAP Exec's FCPA Case

    Stacey Sprenkel

    Vincente Garcia, former head of Latin American sales for SAP International Inc., recently pled guilty in San Francisco federal court to violations of the Foreign Corrupt Practices Act and settled civil FCPA charges brought by the U.S. Securities and Exchange Commission, underscoring the agencies' continuing focus on the technology sector and Northern California in general, say attorneys with Morrison & Foerster LLP.

  • A Late-Summer Dive Into The HSR Annual Report

    Jack Sidorov

    The recently released Hart-Scott-Rodino annual report, while appropriate beach reading only for insomniacs, provides a useful look at the agencies’ merger enforcement efforts and the operation of the premerger notification program from October 2013 through September 2014, says Jack Sidorov, senior counsel at Lowenstein Sandler LLP and a former U.S. Department of Justice Antitrust Division attorney.

  • FTC’s Section 5 Statement: Progress, But Little Predictability

    Ted Hassi

    Unlike the Sherman Act, 100 years after the adoption of Section 5 there is precious little guidance in how it will be used. Rather than provide the certainty of a prescriptive codification, the Federal Trade Commission has opted to preserve its flexibility, and thus the uncertainty, with a common-law approach, says Ted Hassi, a partner at O'Melveny & Myers LLP and former chief trial counsel for the FTC’s Bureau of Competition.

  • The Political Implications Of UK's Tom Hayes Verdict

    Elly Proudlock

    The conviction and sentencing of Tom Hayes for his part in the manipulation of the London interbank offered rate is an important win that will undoubtedly embolden the U.K. Serious Fraud Office and may help ensure that a proposal to abolish the SFO does not resurface anytime soon, say Elly Proudlock and David Rundle of WilmerHale.