Competition

  • January 30, 2015

    Wash. AG Sues Albertson's, Safeway Over $9.2B Merger

    Washington's attorney general has filed an antitrust lawsuit over the $9.2 billion merger of supermarket chains Albertsons LLC and Safeway Inc., raising concerns that the deal and the corresponding drop in competition could result in increased food prices and worse selection.

  • January 30, 2015

    JPMorgan To Pay $99.5M To Escape FX Rigging Class Action

    JPMorgan Chase & Co. will pay $99.5 million to exit an antitrust class action alleging the bank was part of a conspiracy to rig the approximately $5 trillion-per-day foreign exchange market, according to court documents filed Friday.

  • January 30, 2015

    FTC Orders Divestitures In $4B Sun-Ranbaxy Pharma Merger

    The Federal Trade Commission cleared the controversial $4 billion merger of Indian drug companies Sun Pharmaceutical Industries Ltd. and Ranbaxy Laboratories Ltd. on Friday on the condition that Ranbaxy sell its interests in generic minocycline tablets to another company, defusing antitrust concerns.

  • January 30, 2015

    Boss Of Largest Ponzi Scheme In Conn. History Gets 13 Years

    Former hedge fund manager Francisco Illarramendi was handed a 13-year prison sentence Thursday after pleading guilty to charges that he orchestrated a $723 million Ponzi scheme, the largest in Connecticut history, according to prosecutors.

  • January 30, 2015

    Settlements In NJ Lien Bid-Rigging Class Action Top $8M

    The settlement fund in a consolidated class action brought by property owners alleging a wide-ranging conspiracy to rig auctions of municipal tax liens in New Jersey climbed over $8 million Thursday, after a federal judge gave preliminary approval to settlement deals with three investors and a Florida tax company.

  • January 30, 2015

    Revolving-Door Roundup: Grant & Eisenhofer, Quinn, Boies

    After a sluggish December, the door between the public and private sectors started spinning again in earnest in January, highlighted by former Delaware Attorney General Beau Biden's move to Grant & Eisenhofer PA and Boies Schiller & Flexner LLP's marquee hiring of three assistant U.S. attorneys from the Southern District of New York.

  • January 30, 2015

    Mass. Gov. Cleared In NJ Investment Controversy

    Massachusetts Gov. Charles Baker and a venture capital firm where he worked didn't breach political contribution regulations over Baker's donation to New Jersey Republicans before the state invested in one of the firm's funds, according to an audit released Thursday.

  • January 30, 2015

    K-Line Exec Gets 18 Months In Ocean Shipping Antitrust Case

    An executive of Japanese shipper Kawasaki Kisen Kaisha Ltd., known as K-Line, was sentenced Friday to 18 months in prison for conspiring to fix prices on ocean shipping services, making him the first individual punished as part of the U.S. Department of Justice probe.

  • January 30, 2015

    Chile To Fine Car Shippers $75M For Antitrust Plot

    Chile's antitrust watchdog said Thursday it would seek a total of $75 million in fines against six shipping companies that allegedly participated in a cartel to limit competition in the automobile shipping market for cars imported by sea into the South American nation.

  • January 30, 2015

    Georgia Real Estate Investors Cop To Rigging Auction Bids

    Two real estate investors in Georgia have pled guilty for conspiring to rig bids for properties sold at public real estate foreclosure auctions in the state, the U.S. Department of Justice announced Thursday.

  • January 30, 2015

    9th Circ. Won't Rehear AUO's $500M LCD Antitrust Appeal

    The Ninth Circuit on Friday declined to rehear AU Optronics Corp.’s appeal of a $500 million price-fixing fine levied against the liquid crystal display producer, rejecting the LCD maker’s challenge in an antitrust suit that also earned prison sentences for two former top executives.

  • January 30, 2015

    NCAA Antitrust Judge Recuses Self Over Butler U Trusteeship

    An Indiana federal judge on Thursday recused herself from overseeing an antitrust class action over the NCAA’s scholarship cap, granting the plaintiff’s motion to hand off the case because her position as a trustee of Butler University could divert attention from litigating the merits of the case.

  • January 29, 2015

    Caterpillar, Komatsu, Volvo Sued Over Monopoly Attempt

    An importer of Chinese-made heavy construction equipment railed against Caterpillar Inc., Komatsu America Corp. and a Volvo AB subsidiary in Delaware federal court on Thursday, accusing the manufacturers of conspiring to block its online distribution by strong-arming its online auction partner into breaking a contract.

  • January 29, 2015

    Patent Troll Study Shouldn't Slow Reforms, FTC's Brill Says

    Even though the Federal Trade Commission is hoping to have its study of patent assertion entities done by the end of the year, neither lawmakers nor enforcers should wait to take action to improve the patent system or take on illegal behavior, FTC Commissioner Julie Brill said Thursday.

  • January 29, 2015

    FTC Halts Phoebe Putney Merger Challenge To Talk Deal

    The Federal Trade Commission on Wednesday slammed the brakes on a case to force Phoebe Putney Health System Inc. to divest one of its hospitals, saying it is considering a settlement to end the matter.

  • January 29, 2015

    Cablevision Sues Verizon Over 'Fastest Wi-Fi' Ads

    Cablevision Systems Corp. on Thursday hit rival Verizon Communications Inc. with a false advertising suit in New York federal court, alleging Verizon’s recent advertising in the New York area promising the “fastest Wi-Fi” is a deliberate falsehood meant to undercut Cablevision’s business.

  • January 29, 2015

    Partners’ Hospital Deal Nixed Over Competition Concerns

    A Massachusetts judge on Thursday rejected a proposed settlement that would have allowed Partners HealthCare System to acquire two rivals, saying the controversial deal failed to adequately address loss of competition due to the acquisition and could have proven too difficult to enforce.

  • January 29, 2015

    Exide Unveils Settlement That Could Speed Ch. 11 Exit

    Exide Technologies Inc. told a Delaware bankruptcy judge Thursday that senior secured and unsecured creditors in the case had come to a settlement over antitrust, intellectual property and pension concerns that appears to end months of wrangling and could hasten and simplify the battery giant's exit from Chapter 11.

  • January 29, 2015

    FTC’s Provigil Pay-For-Delay Suit Passes Actavis Test: Judge

    A Pennsylvania federal judge on Wednesday ruled that the Federal Trade Commission’s pay-for-delay suit against drugmaker Cephalon Inc. over its Provigil narcolepsy drug meets the U.S. Supreme Court’s Actavis standard allowing parties to sue drugmakers over settlements to delay the entry of generic drugs.

  • January 29, 2015

    NCAA Athletes Should Get Publicity Pay, SAG Tells 9th Circ.

    The Screen Actors Guild-American Federation of Television and Radio Artists urged the Ninth Circuit on Wednesday to affirm a ruling that said college athletes must be paid for use of their images, saying attempts to diminish laws protecting an individual’s right of publicity could be “ruinous” to performers’ careers.

Expert Analysis

  • The 1st FCPA Case Of 2015

    Paul Friedman

    The former owner and president of Chestnut Consulting Group Inc. was recently charged with violating the Foreign Corrupt Practices Act and Travel Act and participating in a scheme to launder the proceeds of those crimes. This case continues the enforcement trend against individuals and involves the rarely used “public international organization” element of the FCPA’s “foreign official” definition, say attorneys with Morrison & Foerster LLP.

  • 10 Significant 2014 Developments Affecting Private M&A

    Diane Holt Frankle

    A 2014 decision provides guidance to parties on what constitutes a pending or threatened action by a third party that may form the basis for an indemnifiable claim, and the scope of notice required to make a claim. This and other legal developments are important for buyers and sellers to consider when negotiating, structuring and drafting agreements for private mergers and acquisitions, say attorneys with Kaye Scholer LLP.

  • Thoughts On Consolidating Federal And State Antitrust Cases

    Jason Murray

    Consolidation of federal- and state-based antitrust cases can promote judicial efficiency in an overburdened system, but these opportunities also jeopardize constitutional due process rights, say attorneys with Crowell & Moring LLP.

  • High Court Provides Closure On Durbin Rules — What Now?

    Robert J. Pile

    While merchants’ legal appeals in NACS v. Board of Governors of the Federal Reserve System have been exhausted with the U.S. Supreme Court declining to review the case, continued efforts by both merchant groups and banks are possible to have the Durbin rules modified in their favor, or even to repeal the Durbin Amendment, say Robert Pile and Brian Murphy of Sutherland Asbill & Brennan LLP.

  • Exploring The Nondiscriminatory Aspect Of RAND Licensing

    Edward Gold

    The challenge of determining royalty rates and other licensing terms for standard-essential patents that can be accepted as reasonable and nondiscriminatory has recently come into sharper focus. But despite the recent court decisions, no formal definitions of “nondiscriminatory” exist in the context of RAND, say Edward Gold and Scott Weingust of Stout Risius Ross Inc.

  • Key Questions When Selecting E-Discovery Vendors

    David Houlihan

    While e-discovery remains a critical pain point in litigation, the "solutions" supporting its processes continue to evolve. In order to help organizations navigate the sea of options, we conducted research with 21 organizations across e-discovery market segments to understand the factors involved in successful e-discovery investments, says David Houlihan of Blue Hill Research Inc.

  • How To Fix College Football's Legal Issues

    James Gulotta Jr.

    Baseball and basketball players have professional employment opportunities at an early age — there is no reason why football players should not have similar opportunities. If the National Football League's three-season waiting rule were lifted, much of the confusion affecting college football resolves into clarity, says James Gulotta Jr. of Stone Pigman Walther Wittmann LLC.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • An Early Test Of Antitrust Ramifications Of FDA's REMS

    Dionne Lomax

    A New Jersey federal court's recent decision in Mylan Pharmaceuticals Inc. v. Celgene Corp. is noteworthy because it is one of the few cases to address potential liability under Section 2 in connection with U.S. Food and Drug Administration-required risk evaluation and mitigation strategies programs and is likely to be instructive as litigation in this area unfolds, say Dionne Lomax and Timothy Slattery of Mintz Levin Cohn Ferris G... (continued)

  • DOJ Can And Will Seize Proceeds Of Foreign Corruption

    Kathleen Hamann

    The U.S. Department of Justice's recent civil action against Honduran government official Mario Roberto Zelaya Rojas serves as a reminder to corporations and individuals abroad how easily even wholly foreign criminal conduct may come within the reach of U.S. law enforcement authorities, say Kathleen Hamann and David Courchaine of White & Case LLP.