Competition

  • October 24, 2014

    Judge Buries Suit Over Va. Medical Certificate Of Need Law

    A Virginia federal judge on Thursday ruled that Virginia’s requirement that new medical service providers receive a certificate of public need before being allowed to do business in the state doesn’t discriminate against interstate commerce, granting summary judgment to state health officials.

  • October 24, 2014

    UK Watchdog Wants Extra £26.5M For Libor, Fraud Probes

    The U.K.'s Serious Fraud Office is seeking an extra £26.5 million ($42.6 million) in funding to cover the cost of high-profile investigations, including a probe into alleged manipulation of the London Interbank Offered Rate, according to a government official Thursday.

  • October 24, 2014

    Toshiba, Others OK'd For $12M DRAM Deals In Ontario Court

    An Ontario court has granted final approval to roughly $12.2 million in settlements from Toshiba Corp., Infineon Technologies Corp. and two other companies in class actions over an alleged conspiracy to price-fix dynamic random access memory devices, pushing the total recovery to $79.5 million.

  • October 24, 2014

    US Urged To Pursue Contact Lens Antitrust Case

    A leading antitrust law think tank urged U.S. regulators to take action against the prolific use of what it describes as retail price floors by the nation's top contact lens manufacturers, saying the business practice is illegal and pins consumers with higher prices.

  • October 24, 2014

    Blue Cross Rips Honigman's 'Dual Role' In Antitrust Suit

    Blue Cross Blue Shield of Michigan said Thursday that Honigman Miller Schwartz & Cohn LLP should be disqualified from representing three health insurers in a suit alleging Blue Cross violated antitrust laws in its contracts with hospitals, saying the firm took on “overlapping and conflicting” roles.

  • October 24, 2014

    Dechert's £6.6M Fee Row With Miner To Be Heard Privately

    An English appeals court Friday denied Dechert LLP's bid to have a £6.6 million ($10.62 million) overcharging dispute heard in public, saying a criminal and civil investigation of Eurasian Natural Resources Corp. over fraud and bribery allegations would be seriously prejudiced by an airing of the case's dirty laundry.

  • October 24, 2014

    Aussie Gas Cos. To Pay $8.3M Over Forklift Cylinder Cartel

    An Australian federal court on Friday ordered two Sydney-area gas companies to pay $8.3 million for promising not to poach each other’s customers and artificially setting prices to discourage competition in the market for liquid petroleum gas cylinders forklifts from 2006-11.

  • October 24, 2014

    Regal Theaters Escapes First-Run Films Antitrust Suit

    A California federal judge on Thursday tossed an independent movie chain’s antitrust suit accusing Regal Entertainment Group of using its market dominance to coerce film distributors into granting it exclusive film licenses, ruling the complaint was too vague to survive.

  • October 24, 2014

    Jury Awards Costco $37M In LCD Price-Fixing Trial

    A Washington federal jury on Thursday awarded Costco Wholesale Corp. about $37 million after finding that AU Optronics Corp. and dozens of other electronics companies fixed the price of liquid crystal display panels, tasking just six LCD makers with footing the damages bill.

  • October 23, 2014

    Credit Suisse CEO Says Forex Probe Won't Be A Problem

    Credit Suisse Group AG’s CEO does not see any material issues coming from the ongoing investigations into manipulation of the $5.3 trillion foreign exchange market, he said in an investor call on the Swiss bank’s third-quarter earnings Thursday.

  • October 23, 2014

    2nd Circ. Pauses Aluminum Case Until Justices Rule On Libor

    The Second Circuit agreed Thursday to put an appeal from consumers suing the London Metal Exchange Ltd. and several major banks over aluminum warehousing pricing on hold until the U.S. Supreme Court has ruled on a question of appellate procedure in the Libor manipulation litigation.

  • October 23, 2014

    Judge Koh Agrees To Take On Oracle Anti-Poaching Suit

    U.S. District Judge Lucy H. Koh agreed Wednesday to take on a proposed class action accusing Oracle Corp. of conspiring to suppress employee pay by entering an anti-poaching agreement with Google Inc., finding the new suit was related to an ongoing case about similar recruitment agreements.

  • October 23, 2014

    Outgoing EU Official Sees Future For Collective Actions

    The European Union's outgoing competition chief said Thursday he believed collective actions would eventually take hold in the bloc once practitioners adapted to more widespread private antitrust litigation.

  • October 23, 2014

    HP Settles With Visa, Mastercard In Swipe Fee MDL

    Hewlett Packard Co. on Thursday became the latest company to settle with Visa Inc. and MasterCard Inc. in litigation over an alleged conspiracy to fix credit card swipe fees, marking its exit from a New York federal court case filed with other merchants that had opted out of last year's $7.25 billion antitrust settlement.

  • October 23, 2014

    Florida Hospitals Face FCA Suit Over Kickback Scheme

    A whistleblower complaint unsealed in Florida federal court on Wednesday alleges that the H. Lee Moffitt Cancer Center and Research Hospital Inc. and the Zephyrhills Health & Rehab Center nursing home filed false claims to defraud federal health care programs.

  • October 23, 2014

    Phoebe Putney Seeks Stay Of FTC Merger Fight

    Phoebe Putney Health System Inc. has asked the Federal Trade Commission to put a hold on its efforts to force the Georgia hospital to divest a recently acquired unit after state officials indicated that certificate of need requirements might thwart the sale.

  • October 23, 2014

    MLB, NHL Bid To Nix Expert Inappropriate, Plaintiffs Say

    A bid by the National Hockey League and Major League Baseball to exclude the opinions of a plaintiffs’ expert in class-certification proceedings in a collusion case against them is just another attempt to relitigate content distribution scenarios, the plaintiffs told a New York federal judge on Wednesday.

  • October 22, 2014

    DaVita Finalizes $400M Settlement Over Kickback Claims

    Dialysis giant DaVita HealthCare Partners Inc. has finalized a record deal in which it will pay more than $400 million and unwind 11 joint ventures to resolve claims by a whistleblower that it provided kickbacks to kidney doctors, Phillips & Cohen LLP, which brought the suit, 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.

Expert Analysis

  • That’s Your Defense To Price-Fixing?

    Joseph Ostoyich

    Over the past few months, class action plaintiffs lawyers have responded to articles we wrote regarding a common practice that looks a lot like price-fixing of fees among class plaintiffs law firms in antitrust cases. But we have still not heard a strong defense, say attorneys with Baker Botts LLP.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • Benefits Of Compliance: US Antitrust Vs. Other Approaches

    Douglas Tween

    In a pair of disappointing recent speeches, leading U.S. antitrust enforcers stated that a company's pre-existing compliance program is not a basis for a reduction in punishment for a cartel offense, which stands in stark contrast to the position of other components of the U.S. Department of Justice and recent draft guidance issued by Canada, say Douglas Tween and Arlan Gates of Baker & McKenzie LLP.

  • 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.

  • 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.