Competition

  • September 16, 2014

    NY Antitrust Suit Tests Key Tactic Of Brand-Name Drugmakers

    New York’s lawsuit this week accusing Actavis PLC and Forest Laboratories LLC of discontinuing a popular dementia drug’s original version in order to switch patients to a newer version with extended patent protection will be a major test of whether that strategy of "product hopping” is anti-competitive, attorneys say.

  • September 16, 2014

    Judge Nixes 'Patent Troll' MPHJ's Suit To Block FTC Inquiry

    A Texas federal judge on Tuesday tossed so-called patent troll MPHJ Technology Investments LLC's suit alleging the Federal Trade Commission's investigation into its allegedly deceptive demand letters is unconstitutional, ruling that the company can't sue over an incomplete investigation.

  • September 16, 2014

    DLA Piper Snags Ex-Kirkland & Ellis Atty For NYC Practice

    DLA Piper has announced that it added a former Kirkland & Ellis partner with experience in complex commercial disputes and corporate fraud, including the False Claims Act and the Foreign Corrupt Practices Act, to bolster its litigation practice in New York.

  • September 16, 2014

    Kaplan, Pomerantz Among Firms Sought To Lead Libor Cases

    Four putative classes of lenders, students, homeowners and mortgage holders accusing a slew of major banks in multidistrict litigation of rigging the London Interbank Offered Rate each urged a New York federal judge on Monday to appoint firms such as Pomerantz LLP and Kaplan Fox & Kilsheimer LLP as class counsel.

  • September 16, 2014

    FTC's Ohlhausen Troubled By China's Antitrust Law

    The Federal Trade Commission's Maureen Ohlhausen said Tuesday she was worried for the future of antitrust law in China, amid the country's apparent break with international standards by factoring noncompetition concerns into merger reviews and using antitrust to undermine the value of intellectual property.

  • September 16, 2014

    Beer Merger May Escape Antitrust Worries With Miller Sale

    If Anheuser-Busch InBev SA can make good on its rumored $120 billion bid for rival brewer SABMiller PLC, the megamerger would likely survive antitrust scrutiny and give the Belgian giant a significant foothold in many emerging markets — as long as it's willing to sell all of Miller's U.S. assets, experts say.

  • September 16, 2014

    DOJ, FTC Ink Deal With Colombian Antitrust Watchdog

    Antitrust watchdogs in the U.S. and Colombia have entered into a new cooperation agreement, enabling the agencies to expand their law enforcement relationship through information sharing and coordinated actions, the U.S. Department of Justice announced Tuesday.

  • September 16, 2014

    Ex-Mayer Brown CIO Should Get Prison Time, Prosecutors Say

    United States prosecutors argued on Monday that a former Mayer Brown LLP chief information officer who pled guilty to taking part in a $4.8 million billing and kickback scheme that victimized his old employer should receive time in prison, saying probation wouldn’t be sufficient.

  • September 16, 2014

    Music Licensing Co. To Settle TV Stations' Antitrust Suit

    Performing rights organization SESAC LLC has agreed to settle a proposed antitrust class action brought by a group of local TV stations over its licensing practices and alleged monopolization of the market for certain song rights, according to a letter filed in New York federal court Monday.

  • September 16, 2014

    Chiquita Floats Concessions To Fyffes Inversion Deal

    Chiquita Brands International Inc. said Tuesday it could make concessions to win regulatory approval for its planned $526 million tie-up with Ireland's Fyffes PLC, putting the spotlight back on the proposed inversion deal days after Chiquita agreed to consider a heftier rival offer.

  • September 15, 2014

    Judge Koh Urged To Take On DreamWorks Anti-Poaching Suit

    An ex-Sony Pictures Animation technical director asked a California federal judge on Monday to relate with the massive Google Inc. antitrust action she is overseeing, his proposed class action accusing DreamWorks Animation SKG Inc., The Walt Disney Co. and others of conspiring to not poach each other’s animators.

  • September 15, 2014

    NY AG Attacks Actavis' Plan To Force New Drug On Patients

    The New York attorney general hit Actavis PLC with an antitrust suit in New York federal court Monday to stop the pharmaceutical company from halting sales of its widely used dementia drug Namenda and forcing patients to switch medications all in an effort to eliminate competition.

  • September 15, 2014

    FCC Gets More Than 3M Net Neutrality Comments

    The Federal Communications Commission has received more than 3 million comments from companies, consumers, advocacy groups and others on its proposed new rules guiding how Internet traffic may be managed, setting an agency record, it said on Monday.

  • September 15, 2014

    Aetna Can't Close Book On Underpayment Saga, Class Says

    Aetna Inc. caught flak for its bid to dismiss the latest complaint filed in long-running antitrust and racketeering multidistrict litigation against the insurer for allegedly underpaying insurance claims, with a putative class arguing Friday that the new complaint is a necessary update and strengthens their claims in the seven-year battle.

  • September 15, 2014

    Ameritox's Drug-Test Cup Injunction Bid Falls Short

    A Florida federal judge ruled Monday that she had no authority under the Stark Law or the Anti-Kickback Statute to issue a permanent injunction preventing Millennium Laboratories Inc. from giving doctors free drug-test cups, a practice for which it was hit with a $15 million jury verdict last June.

  • September 15, 2014

    Teva, AstraZeneca Want Expert Nixed From Nexium Trial

    Drugmakers Teva Pharmaceutical Industries Ltd. and AstraZeneca PLC on Friday asked a Massachusetts federal judge to bar a pharmaceutical expert from testifying at an upcoming pay-for-delay antitrust class action trial over Nexium, saying the witness' calculation of reasonable royalty rates was unreliable.

  • September 15, 2014

    Spain Probes P&G, Others Over Adult Diaper Cartel

    Spain's antitrust enforcer on Monday opened a formal probe into the Procter & Gamble Co., SCA Group Holding BV and 13 other hygiene product manufacturers based on suspicions that the companies were running a cartel for adult diapers.

  • September 15, 2014

    Mass. High Court Says Dealers Can't Fight Tesla Sales

    Massachusetts’ highest court on Monday said an auto dealer group couldn’t sue Tesla Motors Inc. for allegedly flouting state law through its direct-to-consumer sales model, holding that a 2002 amendment broadening a state law governing auto manufacturers' business practices only pertains to the manufacturer-franchise relationship.

  • September 15, 2014

    AT&T's $48.5B DirecTV Deal Under State AGs' Antitrust Lens

    Florida, Ohio and several other states are conducting antitrust investigations into AT&T Inc.'s proposed $48.5 billion acquisition of DirecTV Inc., the state attorneys general's offices said Monday.

  • September 15, 2014

    Workers In No-Poach Tech Case Say Pacts Were Per Se Illegal

    Software engineer plaintiffs in the antitrust class action accusing Google Inc., Apple Inc. and other major technology companies of agreeing not to hire each other's employees argued on Friday that the agreements should be presumed illegal under the per se standard, saying the companies mischaracterized the rule’s scope.

Expert Analysis

  • Criminal Antitrust Policy: Bigger Sticks, Smaller Carrots

    Mark Rosman

    Recent policy statements on the U.S. Department of Justice’s criminal antitrust enforcement program provide additional clarity, and significant reaffirmation, on the DOJ’s policies and practices in prosecuting breaches of the antitrust laws. But some comments may leave companies seeking more clarification, say Mark Rosman and Jeff VanHooreweghe of Wilson Sonsini Goodrich & Rosati.

  • OPINION: Why Didn’t McDonnell Plead Guilty?

    Daniel Suleiman

    Given the price of defeat and the strength of the government’s evidence, why didn’t former Virginia Governor Robert McDonnell plead guilty when he had the chance? There are three common reasons why white collar criminal defendants choose to fight instead of admit guilt, says Daniel Suleiman, special counsel at Covington & Burling LLP and a former senior official in the U.S. Department of Justice Criminal Division.

  • Problems With Volume Of Commerce In Antitrust Sentencing

    Robert Connolly

    As the Sentencing Commission reviews the antitrust guidelines, we urge that consideration be given to reforming the way volume of commerce escalates an individual’s recommended prison guidelines range, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former Antitrust Division prosecutors.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.

  • Esquenazi In Korea: Identifying Instrumentalities Abroad

    Samantha Dreilinger

    Efforts to apply the Esquenazi definition in Korea — a country where the government plays a significant yet often obscured role in several important industries — reveal that the definition leaves important questions unresolved and provides little comfort to companies trying to determine whether a potential business partner may be subject to the Foreign Corrupt Practices Act, say attorneys with Cadwalader Wickersham & Taft LLP and Kim & Chang.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • What FTC Is Saying In 1st Post-Actavis Pay-For-Delay Case

    Steven Sunshine

    The Federal Trade Commission’s complaint in FTC v. AbbVie Inc. marks a key development because it is the first FTC reverse-payment case to be filed in the wake of Actavis. It also represents a departure from the FTC’s approach in these cases in that it alleges that the underlying patent infringement litigation was baseless and motivated by anti-competitive purposes, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Can EU States Do Whatever They Want To Foreign Takeovers?

    Stephen C. Mavroghenis

    The European Union competition commissioner recently cited French initiatives to block the GE-Alstom deal as an example of “worrying signals of protectionist threats.” France is not, however, to be singled out as EU member states have sought to protect their national champions for decades, relying on, among others, an EU merger provision, say attorneys with Shearman & Sterling LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.