Competition

  • October 22, 2014

    DaVita Finalizes $389M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a deal in which it will pay $389 million and unwind 11 joint ventures to resolve criminal and civil claims by a whistleblower that it provided kickbacks to kidney doctors, DaVita and the U.S. Department of Justice said Wednesday.

  • October 22, 2014

    Hooper Lundy Nabs Greenberg Traurig Vet For Health Practice

    Hooper Lundy & Bookman PC has lured a longtime Greenberg Traurig attorney to its Washington, D.C., office to guide health care providers through deals and lawsuits that implicate the False Claims Act, Anti-Kickback Statute and Stark Law, the firm announced Wednesday.

  • October 22, 2014

    Attys Pocket $54M From Steel Price-Fixing Class Deals

    An Illinois federal judge awarded $54 million in attorneys' fees to counsel in a consolidated class action against steelmakers accused of scheming to inflate prices, saying Wednesday that the attorneys had effectively handled hard-fought, complex litigation that lasted six years.

  • October 22, 2014

    SanDisk Fights Cert. Bid In Flash Memory Antitrust Suit

    SanDisk Corp. urged a federal judge to deny retailers and customers class certification in a suit accusing the company of using its patents to monopolize the flash memory industry, saying that the memory purchasers failed to prove that common issues predominate.

  • October 22, 2014

    Motorola Tells 7th Circ. FTAIA No Cartel Shield

    Motorola Mobility LLC told the Seventh Circuit on Tuesday that the Foreign Trade Antitrust Improvements Act, which was designed to limit the foreign reach of U.S. antitrust law, was not meant to give a free pass to cartels whose products end up in the U.S. just because the sales happen abroad.

  • October 22, 2014

    Propane Co. Pays $500K To End Mich. Price Gouging Suit

    AmeriGas Partners LP, the nation's largest residential propane supplier, will pay more than $500,000 to reimburse thousands of Michigan customers to resolve class action accusations of price gouging last winter amid a propane shortage, Michigan Attorney General Bill Schuette said on Wednesday.

  • October 22, 2014

    Nonprofit Execs Indicted On Insurance Fraud, Bribery Charges

    The top two executives at a New York City substance abuse treatment nonprofit were indicted Wednesday over alleged insurance fraud and kickback schemes that prosecutors say lined the pockets of the father-and-son duo and allowed them to fuel a lavish lifestyle.

  • October 22, 2014

    FCC Pauses Comments on $45B Comcast, $49B AT&T Deals

    The Federal Communications Commission on Wednesday slowed down its review of both Comcast Corp.’s merger with Time Warner Cable Inc. and AT&T Inc.’s potential purchase of DirecTV, saying more time is needed to resolve disputes over who has access to contracts with content providers.

  • October 22, 2014

    Hausfeld, Other Attys Seek $50M For NCAA Suit In New Fee Bid

    Hausfeld LLP and other counsel for student-athlete plaintiffs in the sprawling antitrust dispute over the NCAA's ban on college athletes’ compensation have asked a California federal judge for $45 million in fees and $5.3 million in costs for their work, according to an amended motion filed Tuesday.

  • October 22, 2014

    Antitrust Group Urges Rejection Of Mass. AG's Hospital Deal

    The American Antitrust Institute once again urged a Massachusetts judge on Tuesday to reject the state attorney general’s agreement allowing Partners Healthcare System to acquire two health systems, arguing that an amended consent decree still falls short of showing why the acquisitions are in the public interest.

  • October 22, 2014

    Ex-Pa. County Commissioner Can't Lift Stay In Corruption Suit

    A Pennsylvania federal judge on Tuesday denied a former Lackawanna County Commissioner's motions to reconsider his discovery request and lift the stay on his bid to vacate his sentence for a bribery and extortion scheme, saying a granting of his requests was not warranted.

  • October 22, 2014

    Effexor Buyers Want Another Chance In Antitrust Suit

    Drug buyers on Tuesday urged a New Jersey federal judge to allow them to amend their complaint against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for antidepressant Effexor XR, saying the court’s new pleading standard is novel and was only introduced after they filed their suit.

  • October 22, 2014

    'Kids For Cash' Attorneys Escape Asset Freeze

    A Pennsylvania federal judge on Tuesday denied a bid by plaintiffs embroiled in several class actions over Pennsylvania’s notorious “kids for cash” scheme to freeze 20 percent of any legal fees due to a Powell Law Group attorney and his company, saying he lacked the authority to issue one.

  • October 22, 2014

    Whistleblower Gets Omnicare Defense Pared In FCA Suit

    A Texas federal judge on Tuesday trimmed away one of Omnicare Inc.’s defenses in a long-running False Claims Act suit, finding that the nursing home pharmacy can’t dodge kickback allegations just because a whistleblower may have also been involved in misconduct.

  • October 22, 2014

    Nexium Jury Hears From Walgreen Exec On Generics

    A Walgreen Co. executive testified Wednesday at a pay-for-delay trial over AstraZeneca PLC’s Nexium that the heartburn treatment did face competition for prescriptions from several other similar drugs, but emphasized that cheaper generic versions were only available for a few lower dosages.

  • October 22, 2014

    Ex-Contractor To Pay $4.36M For Superfund Bid-Rigging

    A former project manager convicted of taking $1.5 million in kickbacks for rigging bids and other Superfund site subcontracting abuses was ordered to pay $4.36 million in restitution by a New Jersey federal court on Tuesday, the largest fine imposed to date for the scheme.

  • October 21, 2014

    Actavis Wins Bid To Keep Parts Of Antitrust Suit Under Seal

    A New York federal judge, citing concerns of competitive disadvantage, on Tuesday ordered that profit projections and other financial information remain confidential in the New York attorney general's suit accusing Actavis PLC and Forest Laboratories LLC of product-hopping antitrust claims over dementia drug Namenda.

  • October 21, 2014

    Barclays Can't Escape Investors' Libor Manipulation Claims

    A New York federal judge on Monday refused to dismiss a putative investor class action alleging Barclays PLC manipulated the London interbank offered rate and covered it up through misstatements, ruling that the plaintiffs sufficiently alleged that the financial services company acted with fraudulent intent.

  • October 21, 2014

    Michigan Latest State To Block Tesla's Direct Sale Model

    Michigan Gov. Rick Snyder on Tuesday signed into a law a controversial bill making Michigan the latest state to block Tesla Motors Inc. from selling its electric vehicles directly to consumers. 

  • October 21, 2014

    Nexium Jury Told Drug Cos. Wheeled-And-Dealed With Patent

    Nexium buyers pursuing a pay-for-delay case against AstraZeneca PLC and two generic-drug makers told a Boston federal jury on Tuesday that the pharmaceutical companies were trying to game the patent system to overcharge consumers by billions of dollars for the heartburn treatment.

Expert Analysis

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Offset Deals Can Pose High FCPA Risks For Defense Industry

    Howard Weissman

    Based on almost 30 years of experience in the defense industry, I do not believe that offset transactions are inherently or frequently corrupt. But with a potentially high Foreign Corrupt Practices Act compliance risk, these projects require thorough risk-based due diligence on the parties involved in them, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.

  • GSK Bribery Conviction Signals Increased Risks In China

    Jay Pomerantz

    China’s anti-corruption efforts have historically focused on the Chinese government officials who solicit or receive bribes, but GlaxoSmithKline PLC's recent bribery conviction demonstrates that companies doing business in China must be mindful of China’s own anti-corruption laws in addition to the Foreign Corrupt Practices Act, say Jay Pomerantz and Catherine Kevane of Fenwick & West LLP.

  • DOJ Puts Cybersecurity Info-Sharing Policy Into Practice

    Anne Rodgers

    In response to a business review request, the U.S. Department of Justice recently announced that it will not challenge a proposed cyberintelligence data-sharing platform. The analysis offers further guidance into the DOJ’s future enforcement of the antitrust laws in the cyber information-sharing arena. And it could not be more timely, say attorneys with Norton Rose Fulbright.

  • Promotional Allowances In A New Retail Environment

    James Fishkin

    The Federal Trade Commission's recently revised "Guides for Advertising Allowances and Other Merchandising Payments and Services" reflect the growing importance of the Internet and online commerce, recognizing explicitly that online retailers can and often do compete with brick-and-mortar retailers, say James Fishkin and Irene Ayzenberg-Lyman of Dechert LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • High Court Continues To Examine State Action Immunity

    Dionne Lomax

    The U.S. Supreme Court recently heard oral arguments in North Carolina State Board of Dental Examiners v. Federal Trade Commission — the second time in two years that the court has considered the state action doctrine. The decision could have broad implications for the structure and operation of state professional review boards and associations, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • An Offensive Use Of The FCPA?

    Kedar Bhatia

    With recent examples in mind, there is no clear indication that offensive use of the Foreign Corrupt Practices Act is actually a new frontier as opposed to another somewhat underhanded effort at securing a competitive advantage, say Kedar Bhatia and Shamoil Shipchandler of Bracewell & Giuliani LLP.

  • Takeaways From Appeal Of UK Hotel Bookings Settlement

    Stephen Mavroghenis

    The U.K. Competition Appeal Tribunal recently quashed the Office of Fair Trading's decision to close its investigation into pricing arrangements entered into by Booking.com BV, Expedia Inc. and InterContinental Hotels Group PLC, which will encourage companies to closely monitor commitment negotiations in their industry and to raise objections if they fear their business may be affected, say attorneys with Shearman & Sterling LLP.

  • A Convergence Of Antitrust, Anti-Graft Enforcement In China

    Kareena Teh

    In their efforts to combat unfair competition, Chinese authorities have used both antitrust and anti-corruption laws, targeted specific industries, conducted swift investigations, executed dawn raids to obtain evidence, and shared information among different departments. It is highly likely that this will continue for the foreseeable future, impacting the operations of many multinationals, say Kareena Teh and Fabian Roday of Dechert LLP.