Competition

  • April 17, 2015

    UFC, Fighters Want ADR To Referee Antitrust Dispute

    An antitrust battle between the Ultimate Fighting Championship and a putative class of its mixed martial arts fighters will enter an alternative dispute resolution process before October, according to a joint order signed by a California federal judge Friday.

  • April 17, 2015

    4th Brazilian Co. Sheds Construction Biz Post-Petrobras

    Dozens of units of Brazilian industrial company Schahin Group requested bankruptcy protection in Brazil on Friday as the company announced plans to exit the construction business entirely, citing liabilities of 6.5 billion Brazilian reais that cannot be refinanced in a credit market wary after an economy-shaking scandal at Petrobras.

  • April 17, 2015

    Cos. Say China Blocked Vitamin C Antitrust Suit Compliance

    Two Chinese companies urged a New York federal judge Friday to deny a bid by a group of U.S. businesses to sanction them for refusing to turn over financial documents in a vitamin C price-fixing suit, saying the Chinese government has prohibited them from doing so.

  • April 17, 2015

    State AGs Eying Pay-For-Delay Suits, Calif. Official Says

    State attorneys general may consider pursuing their own pay-for-delay challenges if the California Supreme Court decides that pharmaceutical patent settlements can be targeted under state antitrust law, a California official and chair of the Multistate Antitrust Task Force said Friday.

  • April 17, 2015

    CenturyLink Sues FCC Over Net Neutrality

    CenturyLink Inc. lobbed a suit on Friday challenging the Federal Communications Commission’s recently enacted net neutrality rules, saying that the tough new rules are an abuse of discretion and beyond the scope of the agency’s authority, according to documents filed with the D.C. Circuit.

  • April 17, 2015

    Actavis Says 'Product-Hopping' Ruling Aids Namenda Appeal

    A Pennsylvania judge’s recent decision to toss a “product-hopping” suit supports Actavis PLC’s claim that it didn’t violate antitrust law by pulling an older version of Alzheimer's treatment Namenda from the market, the drugmaker told the Second Circuit Friday.

  • April 17, 2015

    Drug Cos. Rip Bid To Merge Lipitor, Effexor Antitrust Appeals

    Pfizer Inc. and Ranbaxy Inc. on Thursday urged the Third Circuit to reject a bid by Rite Aid Corp., Walgreen Co. and other retailers to consolidate all pending appeals in the Lipitor and Effexor XP pay-for-delay litigations, saying the cases are far too different to consolidate.

  • April 17, 2015

    Dish, Others Tell FCC To Nix Comcast-Time Warner Merger

    Dish Network Corp. and dozens of others urged the Federal Communications Commission chairman to block Comcast Corp.’s proposed $45 billion acquisition of rival Time Warner Cable Inc., arguing in an open letter on Friday that the merger would harm competition even if Comcast promises to follow “net neutrality” rules.

  • April 17, 2015

    Former Tullett Prebon Broker Denies Libor Rigging In London

    A former Tullett Prebon PLC broker pled not guilty in London on Friday on charges of manipulating the London Interbank Offered Rate, joining three former ICAP PLC brokers with whom he is slated to stand trial in denying the allegations.

  • April 17, 2015

    Lockheed Seeks To Undo Part Of 1976 Bribery Pact With SEC

    Lockheed Martin Corp. told a Washington federal judge Thursday it should no longer be required to give the U.S. Securities and Exchange Commission advance notice of changes to its anti-corruption policies — a provision of a 1976 settlement that the military contractor claims is no longer necessary in the Internet age.

  • April 17, 2015

    Archer & Greiner Adds Noted IP Partner, Blogger

    Archer & Greiner PC said Wednesday that it has bolstered its intellectual property department in its Haddonfield, New Jersey, office with the addition of a former Goetz Fitzpatrick LLP attorney who has extensive experience in copyright, trademark and unfair competition and is the author of a highly regarded legal blog.

  • April 17, 2015

    DOJ Official Warns Against Anti-Steering In Contracts

    A top official from the U.S. Department of Justice's Antitrust Division urged leading suppliers Friday to analyze anti-competitive market impacts before referencing rivals in merchant contracts lest they face antitrust liability, as evidenced in a recent ruling against American Express Inc. over anti-steering agreements.

  • April 17, 2015

    Holder Warns Cos. To Heed Antitrust Watchdog's Victories

    Attorney General Eric Holder on Friday warned businesses that the U.S. Department of Justice would not back down from taking on anti-competitive behavior and mergers, no matter how complicated the case or big the companies involved.

  • April 16, 2015

    ETP Says Enterprise Changing Tune On Contract Interpretation

    An attorney for Energy Transfer Partners LP on Thursday grilled an employee for Texas pipeline lessee Enterprise Products Partners LP over the history of a contract between the two companies, using a 1993 corrosion incident to illustrate how Enterprise allegedly interpreted the contract's terms previously.

  • April 16, 2015

    NJ Dem Power Broker Guilty Of Racketeering, Wire Fraud

    New Jersey Democratic Party boss Joseph A. Ferriero was convicted in federal court Thursday of abusing his political position to profit from government contracts through a racketeering scheme involving fraud and soliciting and accepting bribes as a party official, the Department of Justice announced.

  • April 16, 2015

    Judge Illston’s Tips For Economic Experts In Antitrust Cases

    With the increasing use of more experts at more stages of antitrust litigation, U.S. District Judge Susan Illston offered attorneys three tips Thursday on how to avoid irritating courts or losing the trust and attention of juries in complex cases.

  • April 16, 2015

    ProMedica Urges Justices To Review Nixed Hospital Merger

    ProMedica Health System Inc. is pressing the U.S. Supreme Court to review its nixed merger with a small Ohio hospital, arguing that justices will miss a rare opportunity to review vital disputes in antitrust law if they decline the case.

  • April 16, 2015

    Warner Chilcott Nabs Win In Generic Doryx Delay Row

    A Pennsylvania federal judge on Thursday tossed Mylan Pharmaceuticals Inc.’s allegations that Warner Chilcott PLC tried to block generic competition for its acne medication Doryx by tweaking its formula, ruling any damage Mylan suffered was due to its own business strategy.

  • April 16, 2015

    Chinese Official Vows Caution With IP Antitrust Probes

    A Chinese antitrust official vowed Thursday that enforcers would take a cautious approach to applying the essential facilities doctrine to the patent holders' use of their standard-essential patents in the country under recently finalized guidelines.

  • April 16, 2015

    Brazil Corruption Fallout Leaves Creditors On Shaky Ground

    Grupo OAS, one of the many construction outfits implicated in a corruption scandal ravaging Brazil's economy, filed for creditor protection in New York on Wednesday, the first of an expected wave of related bankruptcies that leave investors at the mercy of the relatively untested Brazilian insolvency regime.

Expert Analysis

  • 3rd Circ. Affirms Use Of Daubert To Fight Class Cert.

    Andrew Finch

    With its recent ruling in the Blood Reagents Antitrust Litigation, the Third Circuit has joined the Seventh, Eighth and Ninth Circuits in requiring that district courts take Daubert into account when assessing expert testimony at the class certification stage, say Andrew Finch and William Michael of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • 3 Tricky Questions To Ask Before Selling Discounted Bundles

    Philip Van Der Weele

    From corner taco stands to corner offices, the discounted product bundle is ubiquitous. But a recent decision by the Sixth Circuit in Collins Inkjet Corp. v. Eastman Kodak Co. demonstrates that antitrust issues can unwittingly become a part of the package, say attorneys with K&L Gates LLP.

  • 2 Routes To Hourly Rates For Lawyers

    Gerald G. Knapton

    If we were developing a system to determine legal fees from a clean slate, we would price our professional services according to quality, efficiency and results — tasks and team would be agreed upon. Instead, we have an hourly system that discourages tight management, can lead to padded bills and includes time for work that may not have been necessary, says Gerald Knapton of Ropers Majeski Kohn & Bentley PC.

  • St. Luke's: A Major Step Back In Merger Efficiencies

    David Balto

    The Ninth Circuit’s recent St. Luke’s decision involving the vertical acquisition of a provider group by a health system in Idaho seems to severely restrict the efficiencies defense in a fashion inconsistent with the goals of antitrust law and sound enforcement policy, say David Balto and James Kovacs of the Law Offices of David Balto.

  • Health Care Executive Liability Exposure Post-Sacred Heart

    Tony Maida

    The recent Sacred Heart Hospital verdict arose out of extraordinary facts and on its own does not reflect a new emphasis on criminal prosecution under the Anti-Kickback Statute. However, the government’s focus on personal accountability for corporate malfeasance is real, say Tony Maida and Michael Peregrine of McDermott Will & Emery LLP.

  • How Gelboim V. BofA Affects Pending MDL Matters

    Stephen Safranski

    The U.S. Supreme Court's decision in Gelboim v. Bank of America Corp. resolved a circuit split, holding that where a litigant’s case has been consolidated into a multidistrict litiation for pretrial purposes, and the district court issues an order dismissing that litigant’s case in its entirety, that order is a final and appealable order. What is less clear is what happens for litigants whose claims were dismissed in their entirety... (continued)

  • How To Weather Media Inquiries In High-Profile Cases

    Jolie Balido

    Avoid using “no comment” in response to a question or statement from reporters. Some reporters, particularly TV news reporters, are simply trying to elicit a reaction for a quick visual and aren’t particularly concerned with the actual answer, says Jolie Balido, president of marketing communications firm Roar Media.

  • This Week In Congress: Taxes, Budget Resolution And Iran

    Richard A. Hertling

    The Senate Foreign Relations Committee is scheduled to hold a markup on Tuesday of the Iran Nuclear Review Act, a strong, bipartisan tool ensuring that Congress would have the final say over any deal worked out at the negotiating table. The impact of inflammatory Iranian statements and the proxy war going on in Yemen is likely to provide further momentum for the bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Taking Legal Analytics To The Next Level

    Nathalie Hofman

    Sixty-eight percent of legal technology professionals expect their organizations’ investments in legal data analytics to increase over the next two years. That is just one of the results of a recent survey of more than 125 legal professionals, say Laurie Fischer and Nathalie Hofman of Huron Legal.