Competition

  • December 22, 2014

    FTC Approves $5.4B Eli Lilly-Novartis Deal With Divestiture

    The Federal Trade Commission on Monday cleared Eli Lilly & Co.'s $5.4 billion acquisition of Novartis AG's animal health unit on the condition that Eli Lilly shed Novartis' heartworm treatment product line.

  • December 22, 2014

    Safeway, Albertsons Shed Stores To Win FTC Nod For $9B Deal

    Supermarket operators Safeway Inc. and Albertsons said Friday they would sell off over 150 grocery stores in order to secure antitrust approval from the U.S. Federal Trade Commission for Albertsons' approximately $9 billion private equity-backed acquisition of Safeway, a deal that will merge two of the largest grocery store chains in the U.S.

  • December 22, 2014

    UK To Criminalize Rate-Rigging After Libor, Forex Scandals

    The U.K. on Monday pushed forward with efforts to criminalize manipulation of additional key benchmark rates while bringing the regulation of such rates under the auspices of the country’s Financial Conduct Authority.

  • December 22, 2014

    Alstom Pays $772M In Record FCPA Settlement

    French conglomerate Alstom SA has agreed to plead guilty and pay $772 million to settle charges it bribed government officials in Indonesia and elsewhere to win business, marking the largest-ever penalty in a Foreign Corrupt Practices Act case, U.S. officials said Monday.

  • December 19, 2014

    Fla. Doctors Near FCA Win After Whistleblower Goes MIA

    A Florida federal magistrate judge on Thursday recommended dismissal sanctions in a False Claims Act suit against two doctors and their spouses accused of Medicare fraud, after the relator who originally sued a home health care company and seven doctor-spouse couples failed to attend a deposition.

  • December 19, 2014

    Chancery Won't Block Family Dollar Vote On $8.5B Buyout

    A Delaware Chancery judge on Friday cleared the way for Family Dollar Stores Inc.'s  upcoming shareholder vote on the board-approved $8.5 billion buyout offer from fellow discount retailer Dollar Tree Inc., rejecting a call by certain Family Dollar investors to hold up the meeting.

  • December 19, 2014

    Samsung Tells High Court Memory Cartel Suit Should Survive

    Samsung Electronics Co. Ltd has urged the U.S. Supreme Court to reject Panasonic Corp.’s bid to rebury Samsung’s antitrust suit alleging Panasonic restrained competition through a patent-licensing deal on secure digital memory cards, arguing that the Ninth Circuit rightly found that Samsung alleged a single continuing violation.

  • December 19, 2014

    EU Antitrust Watchdog Gets Do-Over On Marine Hose Fine Cut

    The European Union's highest court on Thursday overturned a decision slashing a marine hose cartel fine against Parker ITR Srl from €25.61 million ($31.32 million) to €6.4 million, ordering a lower court to reconsider the case.

  • December 19, 2014

    Becton Didn't Hold Monopoly Power, Judge Rules

    A Texas federal judge denied Retractable Technologies Inc.'s attempt to add a charge of monopoly power to a jury's 2013 verdict against Becton Dickinson and Co., saying that Becton's declining 50 percent market share constituted a "proper basis" justifying the jury's conclusion that it lacked monopoly standing.

  • December 19, 2014

    EU Approves €385M IMS-Cegedim Deal Pending Fixes

    The European Commission on Friday cleared market researcher IMS Health’s €385 million ($470.1 million) acquisition of parts of French rival Cegedim's business, conditioned on certain divestitures and agreements, concluding the revised deal doesn’t threaten competition with less choice and higher prices.

  • December 19, 2014

    Reckitt Asks Judge To Again Consider Axing Suboxone Suit

    Reckitt Benckiser Inc. has urged a Pennsylvania federal judge to reconsider his decision to allow Suboxone buyers to pursue claims that the drugmaker violated antitrust law by using a "product-hopping" scheme to delay generic competition for the opiate addiction treatment.

  • December 19, 2014

    Competition MVP: Cohen Milstein's Kit Pierson

    Cohen Milstein Sellers & Toll PLLC's Kit Pierson hammered out a $400 million settlement for consumers with Apple Inc. in the e-books price-fixing case and helped get a $1 billion judgment against Dow Chemical Corp. in an antitrust class action, landing him a spot on Law360's list of Competition MVPs.

  • December 19, 2014

    Wal-Mart Accused Of Ignoring Order To Give Up Bribery Files

    Investors in Wal-Mart Stores Inc. have called for sanctions against the company for ignoring a court order to turn over all relevant internal files on what its directors knew about the possibility its officials handed out bribes in exchange for helping it set up shop in Mexico.

  • December 19, 2014

    Dollar General Still Talking With FTC Over Family Dollar Bid

    Dollar General Corp. said Friday that it is still in talks with the Federal Trade Commission to resolve antitrust concerns tied to its hostile $9.1 billion bid for Family Dollar Stores Inc., the rival that already agreed to sell itself to a third discount retailer.

  • December 19, 2014

    Nippon Shells Out $37M To Exit Air Cargo Price-Fixing MDL

    Nippon Cargo Airlines Co. Ltd. has agreed to pay $36.55 million to resolve a long-running putative class action claiming the carrier conspired with other airlines to hike air cargo rates during much of the 2000s, the plaintiffs told a Brooklyn federal court Thursday.

  • December 19, 2014

    Luxembourg Will Share Tax Ruling Info With EU

    Luxembourg will fork over information about its secret tax rulings for corporations to European authorities and stop fighting the European Commission's demands for details, the country's prime minister said Thursday.

  • December 19, 2014

    US, China Forge Ahead On GMOs, Other Commercial Issues

    U.S. trade officials wrapped up a three-day summit with their Chinese counterparts late Thursday, touting progress on a slew of bilateral commercial irritants, including Beijing's anti-monopoly enforcement, approval of genetically modified foods, and certain intellectual property rules.

  • December 18, 2014

    Motorola Asks Full 7th Circ. To Rehear LCD Price-Fixing Row

    Motorola Mobility LLC asked the entire Seventh Circuit to rehear its $3.5 billion price-fixing case against several liquid-crystal-display panel makers, arguing Wednesday that an appellate panel was wrong to rule that the Foreign Trade Antitrust Improvements Act blocked the claims.

  • December 18, 2014

    Competition MVP: Boies Schiller's Bill Isaacson

    From helping college athletes triumph over the National Collegiate Athletic Association to securing victory for Apple Inc. in a $351 million trial regarding an iTunes software update, William Isaacson of Boies Schiller & Flexner LLP has had a banner year, landing him a spot on Law360’s list of Competition MVPs.

  • December 18, 2014

    Judge ‘Baffled’ By Claim Google Monopolized Mobile Search

    A California federal judge said Thursday she would likely throw out a proposed consumer class action accusing Google Inc. of stifling competition for the Internet search engine feature in Android devices, saying she was “baffled” by allegations that Google attempted to monopolize that market.

Expert Analysis

  • 2014 FERC Enforcement Year In Review

    William Scherman

    While on the surface 2014 appears to be a rather slow year for the Federal Energy Regulatory Commission's Office of Enforcement, the numbers do not tell the full story — the debate over whether defendants receive due process as FERC promised after passage of the Energy Policy Act is very much alive, say William Scherman and Jason Fleischer of Gibson Dunn & Crutcher LLP.

  • Spain’s New Copyright Law Hurts Consumers

    James Cooper

    Spain’s recent enactment of an ancillary copyright law appears likely to pull off an extraordinary feat — simultaneously limiting the number of people who will see the news by forcing Google Inc. and other aggregators to close shop, and weakening publishers’ incentives to gather and report on the news in the first place, says James Cooper, director of research and policy at the Law & Economics Center at George Mason University School of Law.

  • FTC Section 5 In 2014: An Unexpected Attack, A New Frontier

    Carl Hittinger

    This year has given us two good examples of how the Federal Trade Commission’s push to exercise its Section 5 authority in new areas is rarely uncontroversial, say Carl Hittinger and Jeffry Duffy of BakerHostetler.

  • Why You Should Pay Attention To The OECD Bribery Report

    Laurel Lichty

    A recent report from the Organization for Economic Cooperation and Development offers an analysis of 427 foreign bribery cases from member nations since the OECD convention came into force in 1999, and provides a unique opportunity to anticipate where regulators may be more active in the future and consider how corporate compliance programs can be better equipped to detect corruption, says Laurel Lichty of Integreon Inc.

  • The State Of Technology-Assisted Review In 2014

    Gabriela Baron

    The rule of thumb that can be gleaned from this year’s case law is that parties should address the use of technology-assisted review early on in the discovery process since a failure to do so may later be used against them, says Gabriela Baron of Xerox Litigation Services.

  • Good Luck Guessing With The Gov't On Gainsharing

    Norman Tabler Jr.

    Despite the government continuously sending signals that it approves of gainsharing, such arrangements are illegal for both hospitals and physicians and yet, given the past and current position of the U.S. Department of Health and Human Services' Office of Inspector General, the office is highly unlikely to take enforcement action against a gainsharing arrangement with safeguards, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

    Jonathan Watkins

    Though the U.S. Supreme Court in Actavis provided a general framework for lower courts to utilize in evaluating reverse payment cases, it expressly deferred to lower courts the task of “structuring” the rule-of-reason analysis announced in the case. Over the last year, trial courts have taken divergent views, says Jonathan Watkins of Zelle Hofmann Voelbel & Mason LLP.

  • Changes In Defense Industry Are Increasing FCPA Risks

    Howard Weissman

    The explosion of international business efforts in new and unfamiliar areas with new and unfamiliar people has greatly increased the Foreign Corrupt Practices Act compliance risk for companies in the aerospace and defense industry at a time of budget austerity because of the declining U.S. defense budget, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.

  • Spotlight On SFO: Prosecuting In The Regulator’s Shadow

    Aamir Khan

    There remain serious questions on whether the Serious Fraud Office in the United Kingdom is really best equipped to be prosecuting individuals relating to issues such as Libor and forex manipulation, which are already being investigated by the Financial Conduct Authority and other regulators, says Aamir Khan, general counsel and the senior director for the U.K. and Europe at legal services firm Clutch Group.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)