Competition

  • July 25, 2016

    Arnold & Porter Ducks DQ In Defense Of Menendez Pal

    A Florida federal judge on Monday rejected federal prosecutors' bid to disqualify Arnold & Porter LLP from representing a doctor — separately charged with bribing Sen. Robert Menendez, D-N.J. — in a Medicare fraud case, ruling it is too late in the case to disqualify the doctor's attorneys.

  • July 25, 2016

    11 States Back FTC's Ill. Hospital Merger Challenge In 7th Circ.

    Eleven state attorneys general filed an amicus brief Friday supporting the Federal Trade Commission’s recent push in the Seventh Circuit to block the merger of two Chicago health care systems.

  • July 25, 2016

    HP Can't Nix Oracle's Software Copyright Suit

    A California federal judge has denied Hewlett Packard Enterprise’s request to throw out a lawsuit alleging it distributed copyrighted Oracle software code through its tech support companies, saying in an order unsealed Friday that he would allow the direct copyright and contract interference claims.

  • July 25, 2016

    Maxim Ruling Opens FERC Up To Deeper Court Scrutiny

    A federal judge's recent ruling that the Federal Energy Regulatory Commission must go through a full court case, as opposed to merely having the judge review the agency's proceedings, to enforce a market manipulation penalty against Maxim Power Corp. could drag out the enforcement process and improve companies' chances of defeating FERC's allegations, experts say.

  • July 25, 2016

    Ex-Germany Soccer Head Hit With 1-Year FIFA Ban

    The FIFA Ethics Committee on Monday said it has issued a one-year ban for the former head of the German soccer federation and vice president with the 2006 World Cup Organizing Committee, finding that he failed to report misconduct to the international soccer governing body, including potential bribery tied to the awarding of the 2006 World Cup to Germany.

  • July 25, 2016

    Paul Hastings Adds IP, Antitrust Pro From Patterson Belknap

    Paul Hastings LLP has bolstered its intellectual property practice with a patent and antitrust litigation specialist who formerly served as a partner at Patterson Belknap Webb & Tyler LLP and focuses on life sciences and technology.

  • July 25, 2016

    FCC Told Set-Top Rules Mustn't Apply To Small Providers

    A rural broadband group has told the Federal Communications Commission that whatever plan it adopts to allow consumers to access their pay-TV programming on third-party devices, smaller companies must receive an exemption for rules that could push them out of business.

  • July 25, 2016

    EU Tells Spain To Retake $152M Pumped Into Rail Project

    The European Commission has ordered Spain to recover some €141 million ($152 million) paid out to its state rail infrastructure operator for the construction of a test center for high-speed trains, saying Monday the funds constituted illegal state aid.

  • July 25, 2016

    NCAA Says O'Bannon Not Really Against Its High Court Bid

    The NCAA recently urged the U.S. Supreme Court to take up its challenge of the Ninth Circuit’s finding that the organization's rules prohibiting student-athletes from being paid are anti-competitive, saying that despite their opposition brief, the athletes actually favor part of the association's petition for review.

  • July 25, 2016

    Rakoff Rips Uber Detective's Shady Tactics In Price-Fixing Suit

    U.S. District Judge Jed Rakoff tossed out information obtained from a private investigation Uber had conducted into a consumer and attorney suing them in a proposed class action over price-fixing, blasting the ride service and the private investigator for relying on unethical tactics, Monday in New York federal court.

  • July 25, 2016

    Philly Cab Cos. Say Appeal Planned For Uber Case

    The Philadelphia cab companies who sued Uber Technologies Inc. and Google Inc.’s venture capital arm dropped their last remaining claim Friday, saying they are planning instead to appeal a portion of the March federal court decision that dismissed most of their case.

  • July 25, 2016

    Pipe Purchasers Seek Class Cert. In $385M Antitrust Suit

    Some 750 purchasers of cast iron soil pipe and fittings have asked a Tennessee federal judge to certify them as a class in an antitrust suit alleging a duopoly of manufacturers overcharged them by some $385.1 million through price fixing and muscling out competitors.

  • July 25, 2016

    Device Cos. Decry DOJ 'Smears' Amid Fraud Inquiry

    Medical device companies have asked a California federal court to dismiss or unfreeze False Claims Act litigation brought by the U.S. Department of Justice over alleged kickback violations, arguing it is unfairly delaying the case and waging a one-sided “smear” campaign.

  • July 25, 2016

    Antitrust Claims Nixed In American, Delta, United Fare Row

    A California federal judge on Friday granted a request by American Airlines, Delta, United and a global airfare publisher to toss a California antitrust suit alleging they colluded to fix fares on multicity flights and overcharged consumers, but allowed the complaint to be amended.

  • July 25, 2016

    Comcast Moves To Duck Antitrust Suit Over Cable Ad Sales

    Comcast Corp. asked an Illinois federal judge on Friday to toss a company’s antitrust suit accusing it of blocking competition in the $5.4 billion “spot” cable ad market, arguing that the alleged harm to one company is not a function of anti-competitive practices.  

  • July 25, 2016

    LAN Airlines Pays $22M To Settle FCPA Union-Bribery Charges

    South American airline LAN Airlines SA has agreed to pay $22 million to settle allegations it violated the Foreign Corrupt Practices Act by facilitating bribes to union officials during a labor dispute, including paying a $12.75 million penalty as part of a nonprosecution agreement with the U.S. Department of Justice.

  • July 25, 2016

    CORRECTED: Online Lien Co. Settles 'Unauthorized Practice Of Law' Complaint

    Online mechanic’s lien payment service Zlien has settled a lawsuit over the firm’s alleged unauthorized practice of law and a related suit accusing the Ohio State Bar of restraining competition, according to a filing with the state Supreme Court. Correction: An earlier version of the story referred to the administrative complaint as a lawsuit. The earlier story also wrongly specified who was allowed under the settlement to sign lien documents provided by Zlien. The errors have been corrected.

  • July 22, 2016

    Health First Beats Whistleblower's 'Shotgun-Style' FCA Suit

    A Florida federal judge on Friday dismissed an amended False Claims Act suit against Health First Inc., finding that a whistleblower's claims that the nonprofit medical company defrauded the government of hundreds of millions of dollars were not specific enough.

  • July 22, 2016

    Consensus Still Lacking In FCC's Set-Top Box Debate

    Discussions between the Federal Communications Commission and industry stakeholders over a proposal to increase competition for pay-TV boxes have moved the agency closer to a final plan, but the commission may still have a ways to go before reaching a real consensus, experts say.

  • July 22, 2016

    Anatomy Of A Merger: Risk Pays Off In Ball’s Bet On Rexam

    Skadden Arps Slate Meagher & Flom LLP’s longtime client Ball Corp. would from time to time mull a combination with one of its fellow aluminum can manufacturers, but at the end of 2014, that consideration started to turn into something more as talks with U.K. rival Rexam opened the door for a bid.

Expert Analysis

  • Testing The UBE: Portable — But Inaccurate — Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Latest FCPA Deal Validates Pilot Program

    William Steinman

    The U.S. Department of Justice's recent decision to close its Foreign Corrupt Practices Act investigation of Johnson Controls without charges provides a glimmer of hope that self-disclosure under the so-called pilot program might just be worthwhile, says William Steinman of Steinman & Rodgers LLP.

  • DOJ, FTC More 'Upfront' About Divestiture Requirements

    Gregory P. Luib

    Lost in all the publicity over high-profile mergers that have foundered for lack of an acceptable remedy is the fact that the agencies continue to resolve the vast majority of merger challenges by consent but are doing so with a marked increase in the use of upfront buyers, says Gregory Luib of Dechert LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Generic Drug Price Surges Don't Always Point To Collusion

    Ceren Canal Aruoba

    Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.

  • New Filing Rules Will Widen Germany's Merger Control Reach

    Juan Rodriguez

    The planned introduction of a new size-of-transaction threshold is likely to significantly increase the number of merger notifications in Germany, thus increasing the administrative burden on parties to international M&A, and in particular, foreign-to-foreign transactions that have limited impact in Germany, say attorneys with Sullivan & Cromwell LLP.

  • Stock Prices Aren't Enough For 'Rule Of Reason' Analysis

    Pierre Y. Cremieux

    Stock market evidence should not shortcut the "rule of reason" analysis required for reverse-payment settlements in a post-Actavis world, and is far from the “smoking gun” of anti-competitive effects proclaimed by some advocates, say consultants at Analysis Group Inc.

  • Improving Merger Analysis With Randomized Control Trials

    Elizabeth M. Bailey

    In this new world of “big data,” there are many instances in which antitrust practitioners may be able to do better in their ability to draw causal relationships in merger analysis by using a controlled experiment technique known as randomized control trials. It is notable that businesses and academics are already using these empirical tests, says Dr. Elizabeth Bailey of NERA Economic Consulting and University of California, Berkeley.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • 'Passive Investor' Lessons From Record HSR Act Settlement

    Pepper_Stephen_GreenbergTraurig.jpg

    The record $11 million fine against ValueAct announced last week for alleged violations of the Hart-Scott-Rodino Act should remind “passive investors” of the implications of communicating with executive management of companies in which they hold voting securities, says Stephen Pepper of Greenberg Traurig LLP.