Competition

  • February 9, 2016

    DC Circ. Ruling Gives FCA Defendants An Easy Out, US Says

    The federal government asked the D.C. Circuit on Monday to undo its reversal of a $580,000 statutory damages award in a False Claims Act case against a water pump company, saying an appellate panel twisted the law’s purpose in permitting the company to claim ignorance of fraudulent conduct.

  • February 9, 2016

    Hyperdynamics Unit Says Partner Is Hindering Contract Row

    A unit of Houston-based oil and gas driller Hyperdynamics Corp. accused Tullow Guinea Ltd. in Texas federal court Monday of trying to stall proceedings in a case alleging the company and another partner driller used a Foreign Corrupt Practices Act investigation as an excuse to fall through on a petroleum exploration agreement.

  • February 9, 2016

    UK Fines Ex-JPMorgan Banker $1.15M Over 'London Whale'

    The U.K.’s financial watchdog on Tuesday said it has fined a former JPMorgan Chase & Co. executive £792,900 ($1.15 million) for failing to be upfront with regulators amid the bank's notorious $6 billion "London Whale" loss.

  • February 9, 2016

    Bid For Info On Suboxone Resales Is Premature, Judge Says

    A Pennsylvania federal judge Monday ruled that direct purchasers of Suboxone who accuse manufacturer Indivior of engaging in a product-hopping scheme to stifle generic competition of the opiate addiction treatment need not turn over information about resales of the drug until a decision on the issue is reached.

  • February 9, 2016

    NCAA Says Player Can't Sub Into Football Scholarship Row

    The National Collegiate Athletic Association told an Indiana federal judge Monday that a college football player who is suing over the NCAA’s scholarship rules can't intervene as a proposed class representative in a similar antitrust suit, describing his intervention bid as lawyer-driven and unjustified.

  • February 9, 2016

    Consumers Win Class Status In Optical Drive Price-Fixing MDL

    A California federal judge on Monday certified a class of purchasers accusing Toshiba Corp. and other electronics producers of conspiring to fix the prices of optical disk drives, finding the customers had produced enough expert analysis to support their claims.

  • February 9, 2016

    DOJ, FTC Would See Jump In Antitrust Funding In 2017 Budget

    Both the Federal Trade Commission and the U.S. Department of Justice's Antitrust Division would see significant jumps in funding of about 10 percent under the administration's new budget proposal largely to pay for nearly 175 new hires, bringing the FTC to $342 million and the Antitrust Division to $180.5 million.

  • February 9, 2016

    US Anti-Terror Efforts Destroy Banks, Andorran Investors Say

    The U.S. routinely destroys banks without giving them a chance to defend themselves, like one in Andorra that failed after being deemed a prime risk for use by terrorists and criminals to launder money, lead investors in the collapsed bank argued Monday.

  • February 9, 2016

    FTC Asks High Court To Reject McWane Monopoly Appeal

    The Federal Trade Commission has pushed back against McWane Inc.’s request for the U.S. Supreme Court to review the commission’s opinion that the company unlawfully maintained monopoly power through a rebate program for U.S.-made iron pipe fittings, saying the Eleventh Circuit rightly affirmed its findings.

  • February 9, 2016

    Latham Snags UK Antitrust Official In London

    Latham & Watkins LLP said Tuesday that it has nabbed a key member of the U.K. Competition and Markets Authority for its antitrust and competition practice in London, rounding out the group with a competition professional who wrote the book on merger control.

  • February 9, 2016

    India Calls For New LafargeHolcim Divestiture Plan

    India’s competition watchdog called on Lafarge and Holcim to lock down an alternative divestiture plan, prompting the now-merged cement makers to prepare to sell its interest in Lafarge India, the company said Monday.

  • February 9, 2016

    UK Watchdog Digs Into Merger Of Aircraft Deicer Cos.

    The U.K.’s antitrust regulator revealed Monday that it was taking a harder look at the proposed merger of two companies that supply much of the aircraft deicing fluid used in Europe, citing customer concerns that the deal could stifle competition.

  • February 9, 2016

    Revised $50M Deal In Milk Price-Fixing Row Gets Thumbs-Up

    A Vermont federal judge has signed off on a proposed $50 million settlement between Dairy Farmers of America Inc. and farmers alleging a milk price-fixing conspiracy after having twice rejected a prior version of the deal as unfair and inadequate.

  • February 8, 2016

    3M Drops Bid To DQ Quinn Emanuel Atty In 'Sham' Patent Row

    3M Co. reached a compromise Monday with a military-grade earplugs maker to allow the rival's Quinn Emanuel Urquhart & Sullivan LLP attorney to stay aboard Minnesota federal antitrust litigation over an alleged “sham” patent suit, even though he might be a witness in the case.

  • February 8, 2016

    Don't Limit Aggrenox Pay For Delay Discovery, Judge Told

    Boehringer Ingelheim and Teva told a Connecticut federal court Friday it would be “profoundly unfair” to limit discovery in a pay-for-delay case over Aggrenox solely to that medication, insisting the relevant market extends beyond the stroke prevention drug and its generics.

  • February 8, 2016

    Nexium Buyers Push 1st Circ. For New Pay-For-Delay Trial

    Wholesalers, pharmacies and other Nexium buyers asked the First Circuit on Friday for another shot to prove their case that AstraZeneca and Ranbaxy inked an illegal pay-for-delay deal for the heartburn medication, arguing that "fundamental flaws" in the way the district court ran the class action mandated a new trial.

  • February 8, 2016

    US Wants Bid For Afghan Co.'s Funds To Wait For Prosecution

    The U.S. government asked a D.C. federal court Monday to pause its effort to recover more than $70 million held at an Afghan bank by a NATO subcontractor accused in a kickbacks scheme, saying developments in the civil case could undermine a criminal case filed late last year against the company’s owner.

  • February 8, 2016

    Allied Tells 9th Circ. Hospital Owes $8M In FTC Defense Costs

    Allied World National Assurance Co. urged the Ninth Circuit Monday to reverse a district court ruling that it can’t get reimbursed for nearly $8 million in defense costs from St. Luke’s Health System Ltd. in a Federal Trade Commission antitrust suit, saying the hospital is required to repay the funds.

  • February 8, 2016

    Eaton, Volvo Tell 3rd Circ. Antitrust Suit Correctly Tossed

    Eaton, Volvo and several truck manufacturers have asked the Third Circuit to reject a bid to revive a putative class action against the companies for allegedly entering into anticompetitive agreements that hiked the cost of Eaton’s transmissions, saying a lower court properly found the lead plaintiff lacked standing.

  • February 8, 2016

    UPMC To Pay $12.5M To Settle Price Conspiracy Suit

    The University of Pittsburgh Medical Center has agreed to pay $12.5 million to settle a local hotel's class action claims that the regional health care giant, along with Highmark Inc., inflated the price of small group insurance plans through an antitrust scheme, according to a Friday filing.

Expert Analysis

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Rodeo Associations Fail To Rein In Each Other In Round 1

    Bruce D. Sokler

    Last week, a Texas federal court denied the Elite Rodeo Association’s preliminary injunction motion to block the enforcement of the Professional Rodeo Cowboys Association's bylaws, and also denied the PRCA’s motion to dismiss on the ERA’s Section 2 claim. In reaching that conclusion, the court had to address and distinguish a host of arguably applicable sports antitrust cases, say Bruce Sokler and Farrah Short of Mintz Levin Cohn F... (continued)

  • An Uphill Battle For Providers Contesting Network Exclusion

    Fred A. Smith

    As the trend toward more narrow managed care networks continues in the U.S., provider lawsuits concerning exclusions and removals from networks and managed care entities are likely to increase as well. However, a recent decision by an Illinois court demonstrates that courts are hesitant to engage in micromanaging staff and network membership decisions that are made by payors, say attorneys at Sedgwick LLP.

  • Plaintiffs Face High Class Cert. Bar In Antitrust Cases

    Olivia Jennings Adendorff

    In antitrust class actions in particular, plaintiffs routinely seek to demonstrate injury through statistical modeling based on highly averaged price data that infers classwide injury without direct proof. But in recent years, courts have been pushing back and refusing to certify classes if plaintiffs can't prove more than a hypothetical average class member was injured, says Olivia Jennings Adendorff of Gibson Dunn & Crutcher LLP.

  • FERC 'Seaway II' Order Is A Win For Oil Pipeline Industry

    Emily Pitlick Mallen

    The importance of the Federal Energy Regulatory Commission's recent decision regarding Seaway Crude Pipeline Company LLC extends beyond the purview of the Interstate Commerce Act's pipeline regulation. It provides some of the strongest words on FERC’s primacy over its administrative law judges' authority and sets an important precedent on ratemaking principles, say attorneys at Van Ness Feldman LLP.

  • EU Antitrust Vs. US Companies

    Paula Riedel

    From time to time, the European Commission is accused of unfairly targeting U.S. companies in its antitrust scrutiny. Competition Commissioner Margrethe Vestager has been quick to reject this suggestion. Our quick look at cases involving U.S. companies reveals a nuanced picture, say attorneys with Kirkland & Ellis LLP.

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.

  • What's Going On With The Sharing Economy In Spain?

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    The sharing economy is now in fashion worldwide and Spain is no exception. Platforms such as Uber, Blablacar and Airbnb have revolutionized the economy and will soon be part of a whole range of applications that will change the way we offer and consume goods across every sector. Nevertheless, this sudden emergence of "sharing" models is causing considerable friction, says Alexander Benalal of Bird & Bird LLP.

  • Civil Litigation Outlook For 2016

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    There are several significant civil litigation trends emerging in 2016, including burgeoning antitrust litigation at the U.S. Department of Justice, growth in securities and consumer class actions, the changes to Federal Rule of Civil Procedure 26(b) and the potential for marked increases in patent litigation, says Reid Schar at Jenner & Block LLP.

  • Management System Standards' Growing Role In Compliance

    Christopher L. Bell

    The big question regarding the International Organization for Standardization's forthcoming anti-bribery management systems standard is whether it will follow in the footsteps of the environmental management systems standard and become a prominent feature in commercial relationships, and whether it will be viewed by the authorities as a credible foundation for an effective compliance program, says Christopher Bell of Greenberg Traurig LLP.