Competition

  • March 5, 2015

    U.S. Airlines Slam $40B Subsidies For Gulf Competitors

    Three of the largest U.S. airlines released a report Thursday pointing a finger at state-owned airlines in Qatar and the United Arab Emirates that receive over $40 billion in subsidies and other advantages from the U.S. government from their participation in Open Skies Agreements with the U.S.

  • March 5, 2015

    Banks Say Judge Can't Split Up Libor Suit Over Jurisdiction

    Bank of America Corp., Barclays PLC and other major lenders on Thursday told a New York federal judge presiding over multidistrict litigation regarding allegations the banks colluded to rig the Libor that she couldn’t transfer cases that lacked jurisdiction, citing high court precedent.

  • March 5, 2015

    US, Korea Get $28.6M From Ex-Korean Prez For Bribery Plot

    The U.S. Department of Justice on Wednesday announced that it reached a $1.1 million settlement with former South Korean President Chun Doo Hwan, who is accused of receiving more than $200 million in bribes, and that it assisted the Republic of Korea in recovering $27.5 million in funds.

  • March 5, 2015

    Martek Escapes Injunction In Baby Formula Antitrust Suit

    A Maryland federal judge on Wednesday closed the book on a long-running antitrust suit accusing Martek Biosciences Corp. of preventing a Belgian rival from entering the U.S. market for baby formula additives, a year after “an error of law” revived a portion of the suit.

  • March 5, 2015

    EU High Court Nixes Eni Appeal Of €106 Rubber Cartel Fine

    The European Union's highest court on Thursday refused to reduce a €106.2 million ($117 million) rubber cartel fine against Eni SpA, but also rejected the European Commission's efforts to reinstate about €26 million that a lower court slashed from the penalty.

  • March 5, 2015

    Bharara Denies Tainting Silver Case Through Media Blitz

    Manhattan U.S. Attorney Preet Bharara on Thursday urged a judge not to dismiss public corruption charges against former New York State Assembly Speaker Sheldon Silver, denying claims that he unfairly smeared the Albany power broker in the press.

  • March 5, 2015

    DLA Piper Snags Ex-O’Melveny Star Litigator In Los Angeles

    DLA Piper said Wednesday it has tapped a former partner at O’Melveny & Myers LLP specializing in high-stakes and complex litigation across a number of industries including health care, insurance, entertainment, technology, finance, energy and environmental, and professional services and accounting.

  • March 5, 2015

    Walgreens, Safeway Want To Join Lidoderm MDL

    Walgreens Co., The Kroger Co. and other grocery stores sought to enter the Lidoderm pay-for-delay multidistrict litigation in California federal court, accusing Endo Pharmaceuticals Inc. and Teikoku Seiyaku Co. Ltd. of paying at least $266 million to delay generic versions of the pain patch.

  • March 5, 2015

    Oracle Blasts Tech Cos. For ‘Diversions’ In Copyright Row

    Oracle America Inc. has asked a California federal court to reject the latest attempts from a group of technology companies to trump claims that they infringed Oracle’s copyrights for Unix software, saying Terix Computer Company Inc. and others have thrown up “diversions” in an otherwise obvious case.

  • March 5, 2015

    Spain Probes Pfizer For Blocking Parallel Imports

    Spain's antitrust enforcer on Thursday opened an investigation into Pfizer SLU's supply contracts, saying it was concerned the drugmaker's arrangements may hinder parallel trade in Pfizer products within the European Union.

  • March 5, 2015

    Parker Drilling Investor Refused Execs' Names In FCPA Case

    A Delaware Chancery judge denied a Parker Drilling Co. stockholder’s bid to get the company to reveal the identities of former brass connected to Foreign Corrupt Practices Act allegations settled in 2013, ruling Wednesday that the investor doesn't need the information to demand that the board take action.

  • March 5, 2015

    Judge OKs LBO $590M Settlement Distribution Plan

    A Massachusetts federal judge who has already approved $590 million in settlements and a $200 million attorneys' fee gave the green light Monday to an allocation plan in an antitrust class action claiming Goldman Sachs Group Inc., Carlyle Group LP and other private equity firms teamed up to keep leveraged buyout prices low.

  • March 5, 2015

    Self-Generation Cos. Turn Up Antitrust Heat On Utilities

    SolarCity Corp.'s recent suit accusing an Arizona utility of imposing surcharges on rooftop solar in order to maintain its monopoly over retail electricity sales highlights a brewing nationwide antitrust battle as distributed generation increasingly encroaches on an electric grid long dominated by traditional utilities.

  • March 5, 2015

    DuPont Accused of Failing to Pay $65M in Printing Co. Suit

    E.I. duPont de Nemours and Co. was accused Wednesday in a Connecticut federal court of failing to pay about $65 million in damages to MacDermid Printing Solutions LLC,  stemming from its role in an antitrust and trade secrets theft suit between MacDermid and a former partner.

  • March 4, 2015

    Judge Ups OneBeacon Liability In Malpractice Insurance Row

    A Texas federal judge on Wednesday said he had been wrong to slash $1,721 in daily interest from a judgment he had issued against OneBeacon Insurance Group Ltd. after a jury hit the insurer with a $34 million verdict requiring it to reimburse a Houston law firm for malpractice claims stemming from an antitrust suit against Dish Network Corp.

  • March 4, 2015

    Bernstein Litowitz, Entwistle To Lead Cobalt Shareholder Suit

    A Texas federal judge on Tuesday appointed Bernstein Litowitz Berger & Grossmann LLP and Entwistle & Cappucci LLP as co-lead counsel in a proposed class action alleging Cobalt International Energy Inc. bribed a foreign government and made misleading statements to stock and bond investors, leading to billions in losses.

  • March 4, 2015

    Provigil Buyers Say Teva Coercing Distributors To Pare Suit

    Direct buyers of narcolepsy drug Provigil on Tuesday urged a Pennsylvania federal judge to block Teva Pharmaceutical Industries Ltd. from communicating with potential class members in the antitrust case, saying the drugmaker is trying to coerce distributors into accepting cheap settlements of their pay-for-delay claims.

  • March 4, 2015

    Celgene Hit With Suit For Blocking Generic Cancer Drugs

    The City of Providence is leading a putative class of consumers who accuse Celgene Corp. in a New Jersey federal suit filed Tuesday of monopolizing the market for two blockbuster cancer drugs by blocking competitors’ access to samples needed to bring a generic to market.

  • March 4, 2015

    Spain Fines Danone, Nestle, Others $98M For Dairy Cartel

    Spain's antitrust enforcer said Tuesday that the commission has fined Danone S.A., Nestle Spain and a number of other other dairy companies a total of about €88.2 million ($98 million) for trading sensitive business information about raw milk supplies.

  • March 4, 2015

    Brothers Get Years In Prison For Defrauding Systemax

    Two former senior executives for consumer electronics retailer TigerDirect Inc. and its parent Systemax Inc. were sentenced Tuesday in Florida federal court, each to several years in prison for their roles in a multimillion-dollar kickback scheme with foreign suppliers, and will be required to pay restitution.

Expert Analysis

  • Law Firm Tensions Mount In Africa — What Does It Mean?

    Steve Blundell

    Tensions are perhaps inevitable in a fast-growing market such as Africa where international law firms are gearing up for a greater level of market entry, and where the independent firms remain highly reliant on referrals from these same firms. But the questions facing both types of firms go to the heart of short-term expedient versus long-term strategy, says Steve Blundell of Redstone Consultants.

  • Score 1 For Transportation Network Companies

    Justin J. Wolosz

    The District of Massachusetts recently denied a motion for preliminary injunction that would have forced Boston and Massachusetts officials to treat transportation network companies like taxicabs. As litigation over the regulation — or the lack thereof — of companies like Uber, Lyft and Sidecar continues around the country, score one for the TNCs, says Justin Wolosz of Choate Hall & Stewart LLP.

  • Does Voluntary Disclosure Make More Sense After Goodyear?

    Robert Appleton

    It appears that Goodyear Tire & Rubber Co. made the right decision and voluntary disclosure was a beneficial move. A review of other recent cases tells somewhat of a mixed story, say Robert Appleton and Kenton Atta-Krah of Day Pitney LLP.

  • Fla. Teaming Agreements Must Balance Exclusivity

    John Terwilleger

    In Florida, parties must be careful to structure a teaming agreement so that it is an enforceable contract, while at the same time it does not violate Florida’s antitrust statutes, says John Terwilleger of Gunster Yoakley & Stewart PA.

  • DOJ Is Losing The Battle To Prosecute Foreign Executives

    Lauren Briggerman

    The U.S. Department of Justice has yet to extradite a single executive in the auto parts investigation who refuses to voluntarily enter the United States to face charges. As a result, foreign executives from certain countries — particularly in Asia — who refuse to plead guilty may be beyond the reach of U.S. prosecutors, say attorneys with Miller & Chevalier Chtd.

  • Swipe Fee Litigation Isn’t Over Yet

    Barkley Clark

    It is premature for U.S. bank issuers to claim a complete victory in the debit card swipe fee litigation based on the U.S. Supreme Court’s recent denial of certiorari in NACS v. Board of Governors of the Federal Reserve System. The D.C. Circuit left one bone to pick with the Federal Reserve Board, say Barkley Clark of Stinson Leonard Street LLP and Barbara Clark of the Commercial Law Institute.

  • German Ruling Won't Reduce EU Cartel Damage Litigation

    Johan Ysewyn

    While the Dusseldorf regional court's recent ruling upholding a 2013 ruling against antitrust claims aggregation vehicle Cartel Damages Claims is good news for prospective defendants in that it makes group actions in Germany more difficult, it must be measured against the general European picture of increasing litigation and the increasing attractiveness of other venues like England, say attorneys with Covington & Burling LLP.

  • Takeaways From High Court's NC Dental Opinion

    Amy Paul

    The U.S. Supreme Court's message in North Carolina State Board of Dental Examiners v. Federal Trade Commission is clear — the actions of active market participants cannot be cloaked as government action merely because a state has established a regulatory board to oversee the industry in which they participate, say attorneys with Ropes & Gray LLP.

  • FCC Adopts Net Neutrality Regulations — What Lies Ahead?

    John Beahn

    If allowed to stand, the Federal Communications Commission's revised network neutrality regulations will have far-reaching implications for the telecommunications, media, content, Internet and technology industries. One of the first decisions that net neutrality opponents will need to make is whether to seek a judicial stay of the order and the regulations, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • UN Africa Report Reveals Startling Illicit Financial Flows

    Stephanie Keene

    A new, comprehensive report concludes that Africa loses more than $50 billion every year to illicit financial flows. African states are likely to devote increasing resources to the passing of new legislation concerning trade mispricing, transfer pricing and financial transparency obligations in the future, says Stephanie Keene of Covington & Burling LLP.