Competition

  • 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.

  • January 29, 2015

    Ex-TigerDirect Exec Pushes For Mercy, Shorter Sentence

    A former top executive at electronics retailer TigerDirect Inc. who took in $10 million in a kickback scheme with overseas suppliers asked a Florida district court on Wednesday to consider that the possible 20-year sentence he faces would essentially mean life in prison.

  • January 29, 2015

    Quest Diagnostics Accused Of Building Calif. Monopoly

    A putative class of patients filed a federal antitrust lawsuit against Quest Diagnostics Inc. Thursday, alleging the company monopolized outpatient diagnostic services in Northern California by paying kickbacks to medical providers, colluding with insurers and acquiring competitors.

  • January 29, 2015

    DOJ Might Target More Remote Foreign Cartels, Official Says

    Even though the U.S. Department of Justice has only challenged foreign cartels that involve at least some direct imports into the country, it would be willing to pursue cases involving solely indirect sales in the future, the watchdog’s chief antitrust enforcer said Thursday.

  • January 29, 2015

    Vitamin C Price-Fixing Args Focus On Respect For Chinese Law

    The principle of international comity, in which nations respect foreign laws as they apply to foreign conduct, was in the spotlight Thursday before the Second Circuit as two Chinese companies pushed to nullify a $153 million award against them that stemmed from a Brooklyn, New York antitrust class action over vitamin C price-fixing.

  • January 29, 2015

    Plaintiffs Push For LBO Collusion Settlement Approval

    Plaintiffs in a long-running collusion case asked a Massachusetts federal judge Thursday to ignore objections from retail investors and to grant final approval to $590 million in settlements in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and several other private equity firms teamed up to keep leveraged buyout prices low prior to the financial crisis.

  • January 29, 2015

    Access Communications Ex-CEO Admits Guilt In Kickbacks Case

    Former Access Communications LLC CEO Michael J. Mitrow Jr. on Thursday admitted to fraud conspiracy and tax evasion charges after federal prosecutors accused him and his brother of taking kickbacks from Robert T. Madison, a former supplier to Mitrow's health care-focused marketing company.

  • January 29, 2015

    Sen. Cornyn Says GOP-Led Congress Will Fight Patent Trolls

    Sen. John Cornyn, R-Texas, vowed Thursday to use the Republican Party's recently won congressional majority to push for patent reform measures, including a bill that would curb allegedly abusive patent litigation from patent trolls but failed in last year's Democrat-controlled Senate.

  • January 29, 2015

    Cobalt Ducks SEC Charges Over Angolan Bribery Allegations

    The U.S. Securities and Exchange Commission has dropped its investigation of Cobalt International Energy Inc. over the alleged bribery of foreign officials in Angola in violation of the Foreign Corrupt Practices Act, the company said Wednesday.

  • January 28, 2015

    Cypress Loses 2nd Bid To End SRAM Monopoly Suit

    A California federal judge on Tuesday refused to end computer data storage device maker GSI Technology Inc.'s lawsuit accusing rival Cypress Semiconductor Corp. of conspiring to monopolize the static-RAM memory market, saying GSI was not barred by the statute of limitations.

  • January 28, 2015

    2nd Circ. To Weigh Chinese Gov't Role In Vitamin C Appeal

    The Second Circuit is set to hear two Chinese vitamin C companies' bid to overturn a $153 million price-fixing verdict Thursday in an unusual dispute that will put the Chinese government's alleged role in an export cartel front and center.

  • January 28, 2015

    Akzo Can't Stop EU's Release Of 2006 Bleach Cartel Decision

    A European Union court on Wednesday rejected Akzo Nobel NV's bid to keep the European Commission from releasing an extended public version of its 2006 bleach cartel decision, ruling that the company wasn't entitled to special protection from liability for its antitrust violation.

  • January 28, 2015

    EU OKs $23B Novartis, GlaxoSmithKline 3-Part Deal

    European regulators on Wednesday signed off on a series of deals between Novartis AG and GlaxoSmithKline PLC worth a combined $23 billion on the condition that the companies divest a number of assets and commit to an exclusive distribution agreement.

  • January 28, 2015

    Silver Arrest Could Complicate 421-A Renewal Talks

    In New York State Assembly Speaker Sheldon Silver's recent indictment, a controversial property tax abatement program known as 421-a was implicated in the federal bribery and kickback charges. Now, some experts say the implications and Silver's arrest could throw a wrench in the program's renewal negotiations this summer.

  • January 28, 2015

    LA Coliseum's Bribery Suit Against Rave Promoters Is Revived

    A California appeals court on Tuesday partially reversed the dismissal of the Los Angeles Memorial Coliseum Commission's suit against two rave promoters accused of bribing a former coliseum official for reduced venue fees, finding that the commission's allegations of a fraud conspiracy and conflict of interest can stand.

  • January 28, 2015

    Illinois Hospital Execs Paid Kickbacks For Patients, Jury Hears

    Federal prosecutors on Wednesday kicked off their health care fraud case against the former chief executive of Chicago’s Sacred Heart Hospital and two other administrators, telling a jury that the trio devised an elaborate scheme to cloak kickbacks paid to doctors for patient referrals.

  • January 28, 2015

    Ex-NY Assembly Speaker Sheldon Silver Departs Law Firm

    Personal-injury law firm Weitz & Luxenberg PC said Wednesday it had asked former New York State Assembly Speaker Sheldon Silver to depart from the firm in the wake of charges that he received millions from Weitz & Luxenberg and an unnamed real estate tax firm without performing any legal work.

  • January 28, 2015

    Judge Says Banks Must Face US-Based Forex Rigging Claims

    A federal judge in New York on Wednesday denied a motion to dismiss a U.S.-based class action alleging that Bank of America Corp., Barclays PLC and other banks rigged foreign exchange markets.

Expert Analysis

  • 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.

  • 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.

  • High Court Weighs Gas Act Preemption In Antitrust Case

    Kenneth W. Irvin

    The U.S. Supreme Court recently heard oral argument in Oneok Inc. v. Learjet Inc., a case that raises an intriguing question about what the justices aim to achieve given the intervening expansion of the Federal Energy Regulatory Commission’s anti-manipulation authority in the 2005 Energy Policy Act, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Guidance On Statistical FCA Damages Model From Gosselin

    Drew Harker

    A Virginia federal court's recent decision to set aside a $101 million False Claims Act jury verdict against Gosselin World Wide Moving NV may support arguments to defeat broad interpretations of FCA liability advanced by the government or private relators. The ruling is also notable for its treatment of statistical modeling used to extrapolate damages under the FCA, say attorneys with Arnold & Porter LLP.

  • Prepare Now For New Anti-Corruption Program Expectations

    Rex Homme

    The scrutiny surrounding Foreign Corrupt Practices Act compliance is about to become even sharper with a recent report that the FBI will triple the number of agents dedicated to investigating potential violations. The increased manpower, coupled with the U.S. Securities and Exchange Commission’s continued investment in data analytics tools, sends a strong message, say members of StoneTurn Group LLP.

  • Top 5 Developments In Reverse Payments Over The Last Year

    Ryan Marth

    Last year, the reverse payments conversations grew hotter with courts divided and the law evolving. What is more, those conversations have caught on abroad, with developments occurring in Europe and Canada. 2015 will better define what is and is not an illegal reverse payment, say Ryan Marth and Matthew McFarlane of Robins Kaplan LLP.