Competition

  • May 22, 2015

    Former Access Exec. Seeks Leniency In Kickbacks Case

    A former executive of a health care-focused marketing company who pled guilty to altering tax files after being accused in New York federal court of taking kickbacks, should be given a light sentence because he fought through child abuse and learning disabilities to become a successful person, he claimed in a sentencing memorandum Thursday.

  • May 22, 2015

    Sigma Settles Price-Fixing Suit Over Pipe Fittings For $4.9M

    Sigma Corp. has agreed to pay $4.9 million to a group of direct purchasers of ductile iron pipe fittings to settle a putative class action in New Jersey federal court accusing the company and two others of fixing prices and other anti-competitive behavior, according to a memorandum filed Thursday.

  • May 22, 2015

    Cable Assoc. Praises FCC Decision To Collect Satellite Fees

    The American Cable Association on Friday applauded the Federal Communications Commission’s decision to collect a new regulatory fee from direct broadcast satellite providers such as Dish Network Corp. and DirecTV that could generate $4.1 million in revenue for the agency.

  • May 22, 2015

    Big Banks Never Stopped Rigging Forex Market, Suit Says

    The day after the U.S. Department of Justice announced a $5.6 billion settlement with five big banks, JPMorgan Chase & Co., Barclays PLC and others are once again being accused of rigging the foreign exchange market, this time by a putative class of bank customers who claim the conspiracy continues to this day.

  • May 22, 2015

    Deals Rumor Mill: Reynolds American, Time Warner, Uber

    The proposed $27.4 billion tie-up between Camel cigarettes maker Reynolds American Inc. and rival Lorillard Inc. will likely receive antitrust clearance as early as next week, while Charter Communications Inc. is gearing up to make an offer to buy Time Warner Cable Inc. for more than $170 per share.

  • May 22, 2015

    Estee Lauder Shut Out Duty Free Retailer, 11th Circ. Hears

    Duty Free Americas Inc. asked the Eleventh Circuit on Friday to reinstate its antitrust suit against Estee Lauder Cos., arguing it had properly pled that the cosmetics giant acted anti-competitively by refusing to do business and interfered with its airport contracts.

  • May 22, 2015

    Texas High Court Sides With Doctor In Records Access Fight

    The Texas Supreme Court on Friday said doctors seeking to bust a privilege that applies to peer review committee documents don’t have to assert antitrust claims, but simply must allege the hospital took anti-competitive actions, in a win for a Houston heart surgeon.

  • May 22, 2015

    Carpenter Settles Price-Fixing Suit With Foam Buyers

    Carpenter Co. has reached a settlement with indirect purchasers of its foam products to exit multidistrict litigation accusing the company of plotting to fix prices, the parties said Friday.

  • May 22, 2015

    Movie Studios Want Animators’ Anti-Poaching Suit Tossed

    The Walt Disney Co., DreamWorks Animation SKG Inc. and others urged a California federal judge on Thursday to toss a proposed class action brought by animators accusing the studios of conspiring to keep down wages, saying that plaintiffs failed to show proof the studios knowingly misled them in the alleged scheme.

  • May 22, 2015

    Objections Can't Sink $40M Airline Price-Fixing MDL Deal

    The California federal judge overseeing passengers' antitrust claims in multidistrict litigation against Societie Air France and other airlines gave final approval Friday to their $39.5 million settlement, overruling objections but saying he'd take a closer look at a last-minute bid for an additional $1 million for plaintiffs' attorneys.

  • May 22, 2015

    FCC, Dish, Netflix Oppose Net Neutrality Stay At DC Circ.

    The Federal Communications Commission, Dish Network Corp., Netflix Inc. and an intervenor group on Friday blasted an attempt by challengers to the Open Internet Order to stay the rule during the challenge, telling the DC Circuit that the broadband providers are not likely to succeed.

  • May 22, 2015

    SEC Flexes Bigger FCPA Muscles In $25M BHP Billiton Case

    When it charged BHP Billiton Ltd. $25 million for violating the Foreign Corrupt Practices Act, the U.S. Securities and Exchange Commission sent a powerful message to corporations that it’s willing to impose hefty fines for compliance failures even when no bribery is alleged to have taken place.

  • May 22, 2015

    AmEx Asks 2nd Circ. To Review Card-Steering Row

    American Express on Thursday appealed to the Second Circuit a New York district court’s decision that its anti-steering regulations for merchants violate federal antitrust law.

  • May 22, 2015

    2nd Circ. Says Actavis Can't Pull Old Namenda

    The Second Circuit upheld an injunction Friday blocking Actavis PLC from pulling an older version of Namenda from shelves before generic drugmakers can launch their own version of the Alzheimer's treatment in July, handing a major antitrust win to New York's attorney general.

  • May 21, 2015

    EU High Court Urged To Ignore 'Zeitgeist' Of Antitrust Trends

    A rebate scheme by a dominant entity in a European market should be considered abusive and in violation of European Commission competition laws when an assessment shows the discounts have an exclusionary effect on competitors, an advocate general to the European Court of Justice recommended Thursday.

  • May 21, 2015

    Calif. Justices Urged To Reconsider Pay-For-Delay Ruling

    Watson Pharmaceuticals Inc. on Thursday urged the California Supreme Court to dismiss it from drug buyers’ suit claiming Bayer Corp. illegally paid Watson and other generic manufacturers $400 million to delay launching their own version of Cipro.

  • May 21, 2015

    2nd Circ. Pushed To Revive Libor Antitrust Claims

    Investors challenging the dismissal of antitrust claims against Barclays Bank PLC, Bank of America Corp. and other financial giants from multidistrict litigation over Libor manipulation told the Second Circuit on Wednesday that their claims should be revived because they presented the “prototypical form” of antitrust injury. 

  • May 21, 2015

    Execs Charged For Fixing Spark Plug Prices To Ford, Others

    A grand jury indicted two executives from NGK Spark Plug Co. Ltd. Thursday over the same plot to fix prices on auto parts sold to seven major automakers that already cost the Japanese company $52 million in criminal fines.

  • May 21, 2015

    FERC Gets Green Light To Maintain Anti-Manipulation Push

    A California federal judge's refusal Tuesday to nix the Federal Energy Regulatory Commission's bid to enforce a $453 million market manipulation penalty imposed against Barclays PLC and four of its traders endorses FERC's expansive view of its enforcement powers and will embolden the agency to continue its crackdown on suspected energy market-riggers, experts say.

  • May 21, 2015

    FCC's New Data On Spectrum Auction Draws Criticism

    A Federal Communications Commission commissioner on Wednesday blasted the agency's newly released public simulations of how it would reclaim spectrum and split it up between wireless carriers and broadcasters in the upcoming television spectrum buyback, saying the methodology hadn't been voted on and was flawed.

Expert Analysis

  • What Was Wrong With BHP Billiton's Compliance Program

    Lisa Prager

    Assistant Attorney General Leslie Caldwell recently reiterated a common theme from enforcement agencies — having a written compliance program on paper is not sufficient. The U.S. Securities and Exchange Commission's settlement with BHP Billiton Ltd. for Foreign Corrupt Practices Act violations is the quintessential case in point, say attorneys with Schulte Roth & Zabel LLP.

  • For NY Medicaid, It's Health Reform Vs. Antitrust Law

    Dionne Lomax

    At the heart of the Federal Trade Commission and New York State Department of Health's disagreement over the state's Medicaid program is the mounting tension between health care reform — which focuses on transformative health care models that seek to curb costs and improve care through coordinated and integrated systems — and antitrust law, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • DOJ Is Trying To Show Benefits Of Corporate Cooperation

    Ryan Rohlfsen

    Recent Foreign Corrupt Practices Act cases and commentary from U.S. Department of Justice officials illustrate possible costs, benefits and pitfalls in the disclosure and cooperation calculation, say Ryan Rohlfsen and David Nordsieck of Ropes & Gray LLP.

  • 10 Corporate Culture Lessons From Deutsche Bank

    Betsy P. Collins

    Regulators blamed Deutsche Bank's Libor-related misconduct on the culture within the bank, whose unsecured and permissive business model allowed egregious and pervasive misconduct to thrive. Fixing a broken corporate culture is hard and painful, and regaining a lost reputation for integrity is virtually impossible, say Betsy Collins and Mignon Lunsford of Burr & Forman LLP.

  • US V. Vassiliev — Some Foreign Bribery Is Beyond US Reach

    Drew Harker

    A California federal court's recent decision in U.S. v. Vassiliev limiting the reach of U.S. anti-bribery laws, not including the Foreign Corrupt Practices Act, confirms that the courts will rein in expansive enforcement efforts if extraterritoriality requirements for jurisdiction are lacking, say attorneys with Arnold & Porter LLP.

  • Does The International Antitrust Debate Really Matter?

    Michael P. A. Cohen

    Three recent events in the antitrust bar led me to ask myself whether there can ever really be grounds to critique another nation’s enforcement of its competition regime, says Michael P. A. Cohen of Paul Hastings LLP.

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.

  • What's Behind The EC's Probe Of The E-Commerce Sector

    Miranda Cole

    Even allowing for considerations relating to languages, consumer preferences and differences in national legislation, the European Commission is concerned that the slow growth of cross-border e-commerce may be the result of additional barriers restricting or distorting competition, say attorneys at Covington & Burling LLP.

  • Much Ado About Injury: Making Sense Of FTAIA Circuit Split

    Hollis Salzman

    Most believe the Seventh Circuit's Motorola Mobility decision and the Ninth Circuit's Hsiung decision are in conflict because each circuit reached a different conclusion after applying the Foreign Trade Antitrust Improvements Act to the same conspiracy and products. However, these two rulings are complementary rather than contradictory, say Hollis Salzman and Dinah Reese of Robins Kaplan LLP.

  • Court-Appointed Experts — A Powerful But Rarely Used Tool

    Philip Woo

    The Tessera Inc. patent case highlights a useful procedure seldom used in the federal court system — Federal Rule of Evidence 706, which allows for a court-appointed expert. But Rule 706 provides little guidance on when to use such an expert, how to select one or how to work with one. Here are some tips, say Philip Woo and Nathan Greenblatt of Sidley Austin LLP.