Competition

  • July 2, 2015

    Och-Ziff Seeks Toss Of Securities Suit Over FCPA Inquiries

    Och-Ziff Capital Management Group LLC urged a New York federal judge on Thursday to dismiss class action allegations it artificially inflated stock prices by hiding Foreign Corrupt Practices Act investigations into multimillion-dollar payments it made in Africa, saying plaintiffs' complaint doesn't lay out enough specific facts pointing to bribery.

  • July 2, 2015

    Doctor Tied To Sen. Menendez Scandal Gets Bail In Fla. Case

    A wealthy Florida eye doctor facing criminal charges for allegedly bribing his close friend U.S. Sen. Robert Menendez, D-N.J., was granted bail in a separate Medicare fraud case in Florida, with an $18 million bond agreement reached Thursday set to end his roughly 11-week detention.

  • July 2, 2015

    JPMorgan Asks FCC To Back LightSquared Bid Despite Felony

    JPMorgan Chase & Co. urged the Federal Communications Commission in a filing made public Thursday not to block its bid to take an equity interest in LightSquared Inc. following a recent antitrust settlement, saying the relevant conduct was not communications-related and had been rectified.

  • July 2, 2015

    Shelly Sterling Defends Bid To Dismiss HIPAA Claims

    The wife of disgraced ex-Los Angeles Clippers owner Donald Sterling defended her bids to toss claims for violations of private health information laws Wednesday in his case over his ouster from the ownership of the team, saying his claims that she conspired to boot him are delusional.

  • July 2, 2015

    DOJ Electrolux Merger Suit Solid Despite Limited 'Hot Doc' Use

    The U.S. Department of Justice's lawsuit Wednesday targeting AB Electrolux's $3.3 billion acquisition of General Electric Co.'s appliance business put less emphasis on embarrassing internal documents from the companies than many of the watchdog's recent merger challenges, but attorneys say the more market share-focused complaint still lays out a traditional antitrust case.

  • July 2, 2015

    FTC OKs Dollar Tree's Family Dollar Takeover, But AGs Sue

    The U.S. Federal Trade Commission paved the way for Dollar Tree Inc. to complete its $8.5 billion buyout of rival Family Dollar Stores Inc. by accepting a deal Thursday to sell 330 stores to a private equity firm, though 17 states have already filed litigation challenging the buyout.

  • July 2, 2015

    Frontier, Verizon Tell FCC Their Deal Will Expand Broadband

    Frontier Communications Corp.’s planned $10.54 billion purchase of Verizon Communications Inc.’s wireline operations in three states will lead to broadband expansion, the companies told the U.S. Federal Communications Commission in a filing posted Thursday, but they can’t yet say exactly what that expansion will entail.

  • July 2, 2015

    3M Rival Seeks Punitive Damages For 'Baseless' IP Suit

    Moldex-Metric Inc. wants punitive damages from 3M Co. for allegedly trying to monopolize military contracts for earplugs with a “baseless” patent suit, according to a filing Wednesday in a Minnesota federal court suit that accuses 3M of a pattern of edging out the competition. 

  • July 2, 2015

    FTC Asks Court To Review AbbVie Pay-For-Delay Dismissal

    The Federal Trade Commission asked a Pennsylvania federal judge Wednesday to consider taking a second look at a May ruling that gutted the agency’s pay-for-delay suit against AbbVie Inc. over testosterone drug AndroGel, following a recent Third Circuit decision in a similar case.

  • July 2, 2015

    4th Circ. Upholds $237M FCA Verdict Against SC Hospital

    A struggling not-for-profit hospital in South Carolina can’t escape a $237 million jury verdict following a Fourth Circuit ruling Thursday that a district judge was right to order a new trial on a whistleblower's False Claims Act suit alleging violations of a controversial anti-kickback statute.

  • July 2, 2015

    Ex-DOD Contractor Gets 2.5 Years, $1M Fine In Bribery Case

    A former Defense Department contractor faces two and a half years in prison and a $1 million fine after being sentenced on charges he attempted to bribe government officials to win contracts in an Ohio federal court Wednesday.

  • July 2, 2015

    Brazil's Antitrust Watchdog Probes 15 Banks Over Forex Cartel

    Brazil's antitrust enforcer said Thursday said it is investigating Barclays PLC, JPMorgan Chase & Co. and 13 more of the world's top banks plus 30 individuals for participating in an alleged cartel that manipulated foreign exchange rates.

  • July 2, 2015

    FTC Litigators Dish On Strategy Behind Sysco Merger Win

    The Federal Trade Commission recently notched its latest merger litigation win with a ruling blocking Sysco Corp.'s bid for rival US Foods Inc. Here, the FTC's co-lead trial counsel talk exclusively with Law360 about how they balanced the evidence, viewed a proposed antitrust fix as a positive and the rest of their strategy for the case.

  • July 2, 2015

    AT&T Offers Discounted Broadband In FCC Merger Talks

    AT&T Inc. laid out plans for the discounted broadband service for low-income consumers sought by Federal Communications Commissioner Mignon Clyburn as the agency reviews the company’s proposed purchase of DirecTV, a filing posted Thursday showed.

  • July 2, 2015

    FCC Asks Video Providers To Paint Market Landscape

    The Federal Communications Commission has plied members of the video content industry to show their hands when it comes to their consumer data, current technologies and business arrangements, as the agency prepares an upcoming report on the state of competition in the video market, according to a comment solicitation released Thursday.

  • July 2, 2015

    US Asks Switzerland To Extradite Arrested FIFA Officials

    The United States on Wednesday asked Switzerland to hand over seven high-level FIFA officials arrested on corruption charges in a dawn raid of the officials’ hotel in Zurich in May ahead of the global soccer governing body’s congress.

  • July 2, 2015

    Judge Nixes Lupin Pay-For-Delay Suit Against Alaska AG

    Alaska's attorney general on Thursday fought off Lupin Ltd.'s bid to block the state from forcing the generic drug manufacturer to turnover materials about alleged pay-for-delay settlements for Loestrin and Effexor, convincing a Maryland federal judge to toss the case.

  • July 2, 2015

    Airlines Hit With Price-Fixing Suit Amid DOJ Probe

    Just hours after the U.S. Department of Justice on Wednesday confirmed it is investigating several unnamed airlines for unlawful collusion, a group of ticket purchasers launched a putative class action against Delta Airlines Inc. and three other carriers that were reported to be in the federal government's crosshairs.

  • July 1, 2015

    Aetna Gets Claims Trimmed From Reimbursement Row

    A New Jersey federal judge on Tuesday dismissed antitrust, Employee Retirement Income Security Act and other claims from a class action accusing Aetna Inc. of using rigged price schedules to underpay for out-of-network services, saying those claims weren't strong enough.

  • July 1, 2015

    DOJ Probes Possible Airline Pricing Collusion

    The U.S. Department of Justice confirmed Wednesday that it is investigating a potential collusion within the airline industry but declined to specify which carriers it has targeted.

Expert Analysis

  • The CFPB's Real Message In Its 1st Administrative Appeal

    Ori Lev

    The message from the Consumer Financial Protection Bureau after its first administrative appeal is now clear — no matter what the amount of payments made for services rendered, any quid pro quo agreement in which one party receives business as a result of referring settlement service business to another party is a violation of the Real Estate Settlement Procedures Act, says K&L Gates LLP's Ori Lev, a former deputy enforcement direc... (continued)

  • Avoiding Compliance Red Cards After FIFA Scandal

    Jeff Severson

    Sports marketing companies were central to the criminal conduct described in the FIFA indictment, which raises issues about how both sports marketing companies and sponsors can avoid being taken advantage of and steer clear of entering into contracts with organizations that engage in bribery and corruption, say attorneys with Crowell & Moring LLP.

  • FTC's Sysco Merger Challenge Reflects Orthodox Approach

    Beau W. Buffier

    The Federal Trade Commission’s case against the Sysco-US Foods merger relied strongly on structural presumptions rooted in market shares and market concentration, reinforcing that agencies and courts continue to apply an approach that has changed little in decades and that is heavy on market definition, market shares and presumptions of anti-competitive effects, say attorneys with Shearman & Sterling LLP.

  • Franchising And The Internet: New Challenges In The EU

    Mark Abell

    Regardless of the European Union's recent e-commerce sector inquiries and digital single market strategy, it is not uncommon in practice to find restrictions in franchise agreements on Internet sales. However it is clear that various restrictions on Internet selling are all incompatible with — and likely to infringe — competition law, says Mark Abell of Bird & Bird.

  • The Recast Brussels Regulation And EU Gazprom Decision

    Serena Cooke

    By making it clear that the Gazprom case fell to be determined by the Brussels I Regulation and without reference to the Recast Regulation, and by failing to take the opportunity to revisit West Tankers in light of the Recast Regulation, the EU Court of Justice avoided addressing the most controversial aspect of Advocate General Melchior Wathelet's opinion — and has undoubtedly created future problems for itself, say Serena Cooke a... (continued)

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • A Few Lessons From FCPA Trial Of Ex-PetroTiger CEO

    Marsha Gerber

    The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.

  • Duke, UNC And Nonpoaching Agreements — What Not To Do

    Stephen Murphy

    If the consequences of poaching are as severe as Duke University and the University of North Carolina likely perceived when they agreed to forgo hiring each other’s medical facility faculty and staff, was there another way to deal with the problem without being exposed to antitrust liability? A little-known aspect of the 2011 Adobe final judgment offers hope for a more productive and less risky solution, say Stephen Murphy and Dary... (continued)

  • Calif. High Court's Cipro Decision Is Problematic

    Carl J. Schaerf

    Although the Supreme Court of California claims that its recent holding in Cipro “is in harmony with Actavis, which offered only broad outlines and explicitly left to other courts the task of developing a framework for analyzing the anti-competitive effects of reverse payment patent settlements,” there are significant differences between the two decisions that are very material from a client counseling standpoint, say Carl Schaerf ... (continued)