Competition

  • July 29, 2014

    China Food Co.'s Ex-Chairman Targeted In Bribery Probe

    A former chairman of the Chinese company that acquired a majority stake in England-based cereal maker Weetabix Ltd. is under investigation by Shanghai prosecutors for allegedly taking bribes during his earlier stints as an executive for Shanghai Friendship Group Inc. and Lianhua Supermarket Holdings Co. Ltd., according to the Shanghai Municipal Government website on Tuesday.

  • July 29, 2014

    Toshiba Can't Force Settlement Discovery In Price-Fixing MDL

    A California federal judge on Monday denied a bid by Toshiba America Information Systems Inc. to force several plaintiffs to fork over settlement agreements in multidistrict litigation over cathode ray tubes price-fixing, finding the discovery request was premature.

  • July 29, 2014

    Chinese Antitrust Watchdog Raids Microsoft Offices

    Chinese antitrust authorities on Monday raided Microsoft Corp.'s offices in the country based on concerns about interoperability issues related to the technology giant's popular Office software, officials said Tuesday.

  • July 29, 2014

    Belgian Shipper Wants DOD's False Claims Suit Dismissed

    Belgian shipper Gosselin Worldwide Moving NV and executive Mark Smet moved Tuesday to dismiss allegations the company submitted about 9,100 false claims under a military moving services contract, saying that the government hadn't proven that it had engaged in price-fixing that inflated contract costs.

  • July 29, 2014

    SEC's FCPA Crackdown Looms Over Small-Cap Cos.

    As the U.S. Securities and Exchange Commission makes good on its promise to crack down on violations of the Foreign Corrupt Practices Act, small publicly traded companies like Smith & Wesson Holding Corp. — which paid $2 million Monday to settle bribery charges — are struggling to balance the draws of emerging market expansion with the costs of American regulatory compliance.

  • July 29, 2014

    BP, Shell Blast Class's Crude Oil Manipulation Claims

    Morgan Stanley, Royal Dutch Shell PLC and others asked a New York federal to toss a consolidated class action in multidistrict litigation accusing them of manipulating crude oil futures, arguing that the plaintiffs can't point to specific antitrust conduct to back their claims.

  • July 29, 2014

    EU Approves $260M Aid For Struggling Polish Airline LOT

    The European Commission on Tuesday approved Poland’s plan to aid struggling airline LOT, the country’s flagship carrier, with €193.6 ($259.6 million) to support a restructuring program intended to stave off bankruptcy, ruling the money will not unduly distort competition.

  • July 29, 2014

    Deutsche Bank, Barclays Face Monitors In NY Forex Probe

    New York’s top banking regulator is reportedly seeking to put monitors in place at Deutsche Bank AG and Barclays PLC as an investigation into alleged foreign exchange market-rigging picks up steam.

  • July 29, 2014

    Endo, Watson Seek Dismissal Of Lidoderm Pay-For-Delay Suits

    Endo Pharmaceuticals Inc., Teikoku Seiyaku Co. Ltd. and Watson Pharmaceuticals Inc. urged a California federal judge on Monday to dismiss several suits in multidistrict litigation accusing them of illegally agreeing to delay a generic version of the Lidoderm pain relief patch, arguing the deal was perfectly lawful.

  • July 29, 2014

    Iraq Extradites Ex-Gov't Contractor Accused Of Bribery To US

    A former U.S. Department of Defense contractor was arraigned in Ohio federal court on Monday following extradition from Iraq over charges he tried to bribe department officials to win contracts, the U.S. Department of Justice said.

  • July 29, 2014

    Judge Axes Discovery For DQ Bid In Kaplan Fox Freight MDL

    A New York federal judge refused Monday to allow airlines accused in multidistrict litigation of price-fixing air-cargo rates to obtain discovery in their bid to disqualify Kaplan Fox & Kilsheimer LLP as plaintiff counsel, saying there was no evidence it gleaned confidential information about the airlines' litigation strategy.  

  • July 29, 2014

    Suit Over Deutsche Bank Takeover Bid To Get A Closer Look

    Deutsche Bank AG’s long-simmering bid to take over Deutsche Postbank AG hit a snag Tuesday when Germany’s high court declined to give it final approval and instead referred a lawsuit brought by an investor over the deal to an appeals court for further consideration.

  • July 29, 2014

    Pfizer Unit Can’t End Skelaxin Pay-For-Delay Row In Pa.

    A Pennsylvania judge has rejected a request by Pfizer Inc. unit King Pharmaceuticals Inc. and Mutual Pharmaceutical Co. Inc. to throw out litigation launched by generics maker SigmaPharm Inc. alleging the companies conspired to suppress the release of generic forms of the muscle relaxant Skelaxin.

  • July 28, 2014

    Kodak Joins Aluminum Price-Fixing Suits Against Banks

    Eastman Kodak Co. on Monday became the latest plaintiff in a slew of antitrust lawsuits across the nation alleging Goldman Sachs Group Inc., JPMorgan Chase and Co., the London Metal Exchange and others schemed to inflate the value of aluminum by stockpiling huge amounts of the metal.

  • July 28, 2014

    $350M Antitrust Lawsuit Against Marriott Dismissed

    Marriott International Inc. on Monday won the dismissal of a $350 million antitrust suit brought by the bankrupt owner of a Marriott hotel on Manhattan’s Upper East Side that alleged the hotel management company forced it to take on a union in an under-the-table deal that kept its higher-profile Manhattan hotels free of labor organization.

  • July 28, 2014

    Drug Discount Deal Won't Trigger Kickback Penalties: OIG

    A drugmaker potentially breached the Anti-Kickback Statute by supplying discounts that could encourage use of other items and services covered by Medicare and Medicaid, but the company enacted safeguards that reduced the risk of fraud and made sanctions unnecessary, according to an Office of Inspector General opinion posted Monday.

  • July 28, 2014

    Eurotunnel, SeaFrance Fight UK Merger Ban

    Groupe Eurotunnel SA and the former SeaFrance SA have appealed the U.K. Competition and Markets Authority's decision blocking the merger between the Channel Tunnel operator and the remnants of the now-defunct French ferry operator, according to notices published on Friday.

  • July 28, 2014

    GSK, Teva Fight FTC Bid To Join Lamictal Args In 3rd Circ.

    GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. on Friday urged the Third Circuit to reject the Federal Trade Commission's request to participate in oral arguments in the Lamictal pay-for-delay litigation, saying the antitrust watchdog was not the "independent" observer it claimed to be.

  • July 28, 2014

    3 GE Units Settle Claims They Rigged W.Va. Muni Bond Bids

    Three General Electric Co. finance units have agreed to pay the state of West Virginia $950,000 to settle an antitrust lawsuit alleging they helped manipulate the market for municipal derivatives, the state announced Monday, bringing the number of banks the state has settled with in the multidistrict litigation to seven.

  • July 28, 2014

    9th Circ. Halts St. Luke's Doc Group Sale During Appeal

    The Ninth Circuit on Friday agreed to let St. Luke's Health System Ltd. hold on to Saltzer Medical Group PA while it appeals a ruling ordering it to divest the physician practice group because the acquisition violated antitrust law.

Expert Analysis

  • EU Fires Warning Shot Against Gun-Jumping In M&A

    Sebastian Jungermann

    The European Commission recently imposed a $26.9 million file on Marine Harvest ASA for acquiring its rival Morpol ASA without receiving prior authorization under the EU Merger Regulation, once again highlighting the EC’s determined efforts to significantly fine companies that do not comply with the standstill obligation of the EU competition merger rules, say Sebastian Jungermann and Jens Steger of Kaye Scholer LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • An FTC Reminder On Communicating With Competitors

    Scott Perlman

    The Federal Trade Commission's recent settlement with two leading online barcode resellers over violations of Section 5 of the FTC Act provides a warning that even when the FTC cannot prove an agreement to fix prices or allocate customers it still may seek relief, say Scott Perlman and Matthew Tabas of Mayer Brown LLP.

  • UK Bribery Act Turns 3 — Not A Time For Complacency

    Raymond Sweigart

    Despite the announcements and commentary that the U.K. Bribery Act of 2010 heralded a new and aggressive face toward corporate corruption, there have as yet been no corporate prosecutions brought under the act. But it would be perilous in the extreme to think it is business as usual when it comes to prosecuting corruption, says Raymond Sweigart of Pillsbury Winthrop Shaw Pittman LLP.

  • DOD Annual Report May Affect Antitrust Reviews

    Jon Dubrow

    A recent U.S. Department of Defense study provides data the DOD interprets as showing that the presence of competition improves contracting outcomes for the government, and it has implications for future antitrust analysis applied to mergers, acquisitions and teaming agreements, says Jon Dubrow of McDermott Will & Emery LLP.

  • Amid M&A Uptick, Bidders Must Heed UK Code Changes

    Ilan Kotkis

    Potential bids by U.S. suitors for U.K. target companies in the pharmaceutical and health care sectors seem to be a recurring theme this year

  • Generic Drugs At 30: Fulfilling The Promise And Path Ahead

    Alan Klein

    Although challenges remain for generics, it is clear at the 30-year mark that the promise of Hatch-Waxman has been realized, quite possibly beyond the dreams of Senator Orrin Hatch and Congressman Henry Waxman, say Alan Klein and Solomon David of Duane Morris LLP.

  • High Court Will End Circuit Split With Libor MDL Case

    Stacey Slaughter

    The U.S. Supreme Court's acceptance of Gelboim v. Bank of America Corp. will resolve a circuit split on whether a plaintiff can immediately appeal the district court’s dismissal of a lawsuit that has been consolidated with other suits that are still pending, but it is merely the first of several steps needed to revive the bondholder plaintiffs' antitrust claim, say Stacey Slaughter and Thomas Berndt of Robins Kaplan Miller & Ciresi LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.