Competition

  • October 23, 2014

    Credit Suisse CEO Says Forex Probe Won't Be A Problem

    Credit Suisse Group AG’s CEO does not see any material issues coming from the ongoing investigations into manipulation of the $5.3 trillion foreign exchange market, he said in an investor call on the Swiss bank’s third-quarter earnings Thursday.

  • October 23, 2014

    2nd Circ. Pauses Aluminum Case Until Justices Rule On Libor

    The Second Circuit agreed Thursday to put an appeal from consumers suing the London Metal Exchange Ltd. and several major banks over aluminum warehousing pricing on hold until the U.S. Supreme Court has ruled on a question of appellate procedure in the Libor manipulation litigation.

  • October 23, 2014

    Judge Koh Agrees To Take On Oracle Anti-Poaching Suit

    U.S. District Judge Lucy H. Koh agreed Wednesday to take on a proposed class action accusing Oracle Corp. of conspiring to suppress employee pay by entering an anti-poaching agreement with Google Inc., finding the new suit was related to an ongoing case about similar recruitment agreements.

  • October 23, 2014

    Outgoing EU Official Sees Future For Collective Actions

    The European Union's outgoing competition chief said Thursday he believed collective actions would eventually take hold in the bloc once practitioners adapted to more widespread private antitrust litigation.

  • October 23, 2014

    HP Settles With Visa, Mastercard In Swipe Fee MDL

    Hewlett Packard Co. on Thursday became the latest company to settle with Visa Inc. and MasterCard Inc. in litigation over an alleged conspiracy to fix credit card swipe fees, marking its exit from a New York federal court case filed with other merchants that had opted out of last year's $7.25 billion antitrust settlement.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 23, 2014

    Phoebe Putney Seeks Stay Of FTC Merger Fight

    Phoebe Putney Health System Inc. has asked the Federal Trade Commission to put a hold on its efforts to force the Georgia hospital to divest a recently acquired unit after state officials indicated that certificate of need requirements might thwart the sale.

  • October 23, 2014

    MLB, NHL Bid To Nix Expert Inappropriate, Plaintiffs Say

    A bid by the National Hockey League and Major League Baseball to exclude the opinions of a plaintiffs’ expert in class-certification proceedings in a collusion case against them is just another attempt to relitigate content distribution scenarios, the plaintiffs told a New York federal judge on Wednesday.

  • October 22, 2014

    DaVita Finalizes $400M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a record deal in which it will pay more than $400 million and unwind 11 joint ventures to resolve claims by a whistleblower that it provided kickbacks to kidney doctors, Phillips & Cohen LLP, which brought the suit, said Wednesday.

  • October 22, 2014

    Hooper Lundy Nabs Greenberg Traurig Vet For Health Practice

    Hooper Lundy & Bookman PC has lured a longtime Greenberg Traurig attorney to its Washington, D.C., office to guide health care providers through deals and lawsuits that implicate the False Claims Act, Anti-Kickback Statute and Stark Law, the firm announced Wednesday.

  • October 22, 2014

    Attys Pocket $54M From Steel Price-Fixing Class Deals

    An Illinois federal judge awarded $54 million in attorneys' fees to counsel in a consolidated class action against steelmakers accused of scheming to inflate prices, saying Wednesday that the attorneys had effectively handled hard-fought, complex litigation that lasted six years.

  • October 22, 2014

    SanDisk Fights Cert. Bid In Flash Memory Antitrust Suit

    SanDisk Corp. urged a federal judge to deny retailers and customers class certification in a suit accusing the company of using its patents to monopolize the flash memory industry, saying that the memory purchasers failed to prove that common issues predominate.

  • October 22, 2014

    Motorola Tells 7th Circ. FTAIA No Cartel Shield

    Motorola Mobility LLC told the Seventh Circuit on Tuesday that the Foreign Trade Antitrust Improvements Act, which was designed to limit the foreign reach of U.S. antitrust law, was not meant to give a free pass to cartels whose products end up in the U.S. just because the sales happen abroad.

  • October 22, 2014

    Propane Co. Pays $500K To End Mich. Price Gouging Suit

    AmeriGas Partners LP, the nation's largest residential propane supplier, will pay more than $500,000 to reimburse thousands of Michigan customers to resolve class action accusations of price gouging last winter amid a propane shortage, Michigan Attorney General Bill Schuette said on Wednesday.

  • October 22, 2014

    Nonprofit Execs Indicted On Insurance Fraud, Bribery Charges

    The top two executives at a New York City substance abuse treatment nonprofit were indicted Wednesday over alleged insurance fraud and kickback schemes that prosecutors say lined the pockets of the father-and-son duo and allowed them to fuel a lavish lifestyle.

  • October 22, 2014

    FCC Pauses Comments on $45B Comcast, $49B AT&T Deals

    The Federal Communications Commission on Wednesday slowed down its review of both Comcast Corp.’s merger with Time Warner Cable Inc. and AT&T Inc.’s potential purchase of DirecTV, saying more time is needed to resolve disputes over who has access to contracts with content providers.

  • October 22, 2014

    Hausfeld, Other Attys Seek $50M For NCAA Suit In New Fee Bid

    Hausfeld LLP and other counsel for student-athlete plaintiffs in the sprawling antitrust dispute over the NCAA's ban on college athletes’ compensation have asked a California federal judge for $45 million in fees and $5.3 million in costs for their work, according to an amended motion filed Tuesday.

  • October 22, 2014

    Antitrust Group Urges Rejection Of Mass. AG's Hospital Deal

    The American Antitrust Institute once again urged a Massachusetts judge on Tuesday to reject the state attorney general’s agreement allowing Partners Healthcare System to acquire two health systems, arguing that an amended consent decree still falls short of showing why the acquisitions are in the public interest.

  • October 22, 2014

    Ex-Pa. County Commissioner Can't Lift Stay In Corruption Suit

    A Pennsylvania federal judge on Tuesday denied a former Lackawanna County Commissioner's motions to reconsider his discovery request and lift the stay on his bid to vacate his sentence for a bribery and extortion scheme, saying a granting of his requests was not warranted.

  • October 22, 2014

    Effexor Buyers Want Another Chance In Antitrust Suit

    Drug buyers on Tuesday urged a New Jersey federal judge to allow them to amend their complaint against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for antidepressant Effexor XR, saying the court’s new pleading standard is novel and was only introduced after they filed their suit.

Expert Analysis

  • Benefits Of Compliance: US Antitrust Vs. Other Approaches

    Douglas Tween

    In a pair of disappointing recent speeches, leading U.S. antitrust enforcers stated that a company's pre-existing compliance program is not a basis for a reduction in punishment for a cartel offense, which stands in stark contrast to the position of other components of the U.S. Department of Justice and recent draft guidance issued by Canada, say Douglas Tween and Arlan Gates of Baker & McKenzie LLP.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Offset Deals Can Pose High FCPA Risks For Defense Industry

    Howard Weissman

    Based on almost 30 years of experience in the defense industry, I do not believe that offset transactions are inherently or frequently corrupt. But with a potentially high Foreign Corrupt Practices Act compliance risk, these projects require thorough risk-based due diligence on the parties involved in them, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.

  • GSK Bribery Conviction Signals Increased Risks In China

    Jay Pomerantz

    China’s anti-corruption efforts have historically focused on the Chinese government officials who solicit or receive bribes, but GlaxoSmithKline PLC's recent bribery conviction demonstrates that companies doing business in China must be mindful of China’s own anti-corruption laws in addition to the Foreign Corrupt Practices Act, say Jay Pomerantz and Catherine Kevane of Fenwick & West LLP.

  • DOJ Puts Cybersecurity Info-Sharing Policy Into Practice

    Anne Rodgers

    In response to a business review request, the U.S. Department of Justice recently announced that it will not challenge a proposed cyberintelligence data-sharing platform. The analysis offers further guidance into the DOJ’s future enforcement of the antitrust laws in the cyber information-sharing arena. And it could not be more timely, say attorneys with Norton Rose Fulbright.

  • Promotional Allowances In A New Retail Environment

    James Fishkin

    The Federal Trade Commission's recently revised "Guides for Advertising Allowances and Other Merchandising Payments and Services" reflect the growing importance of the Internet and online commerce, recognizing explicitly that online retailers can and often do compete with brick-and-mortar retailers, say James Fishkin and Irene Ayzenberg-Lyman of Dechert LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • High Court Continues To Examine State Action Immunity

    Dionne Lomax

    The U.S. Supreme Court recently heard oral arguments in North Carolina State Board of Dental Examiners v. Federal Trade Commission — the second time in two years that the court has considered the state action doctrine. The decision could have broad implications for the structure and operation of state professional review boards and associations, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • An Offensive Use Of The FCPA?

    Kedar Bhatia

    With recent examples in mind, there is no clear indication that offensive use of the Foreign Corrupt Practices Act is actually a new frontier as opposed to another somewhat underhanded effort at securing a competitive advantage, say Kedar Bhatia and Shamoil Shipchandler of Bracewell & Giuliani LLP.

  • Takeaways From Appeal Of UK Hotel Bookings Settlement

    Stephen Mavroghenis

    The U.K. Competition Appeal Tribunal recently quashed the Office of Fair Trading's decision to close its investigation into pricing arrangements entered into by Booking.com BV, Expedia Inc. and InterContinental Hotels Group PLC, which will encourage companies to closely monitor commitment negotiations in their industry and to raise objections if they fear their business may be affected, say attorneys with Shearman & Sterling LLP.