Competition

  • March 26, 2015

    EU Antitrust Regulators Set Sights On E-Commerce

    A European Union official on Thursday called for a probe into the e-commerce sector in an attempt to erase digital geographical barriers to commerce that do not exist in the integrated bloc’s brick-and-mortar retail world, saying a well-functioning “Digital Single Market” could add about €340 billion ($372 billion) to GDP.

  • March 26, 2015

    S. Korea Levies $3.2M Fines Against Japan Auto Parts Cos.

    South Korean antitrust regulators slapped Japan-based Denso Corp. and NGK Spark Plug Co. Ltd. with 3.5 billion won ($3.17 million) in fines for allegedly rigging prices on exhaust gas temperature sensors sold to Hyundai Motor Group, according to Thursday news reports.

  • March 25, 2015

    NJ Medical Centers Dodge Charity Hospital's Antitrust Suit

    A federal judge in New Jersey dismissed an antitrust suit brought by charity hospital Deborah Heart and Lung Center against two other medical centers, ruling Deborah failed to prove allegations the defendants tried to edge the hospital out of the market for cardiac patients.

  • March 25, 2015

    Auto Parts Maker SKF Escapes Fla. AG's Price-Fixing Suit

    A federal judge in Michigan on Tuesday dropped Swedish manufacturer AB SKF from an antitrust suit launched by Florida’s attorney general that was added to multidistrict litigation, saying the court wields no jurisdiction over the company because of its scant ties to the United States.

  • March 25, 2015

    Walgreen, Others Sue Over Alleged Aggrenox Pay-For-Delay

    Walgreen Co., The Kroger Co., Safeway Inc. and other grocery chains on Wednesday filed a joint complaint against Teva Pharmaceuticals USA Inc. and Boehringer Ingelheim Pharmaceuticals Inc. in Pennsylvania federal court over an alleged $120 million pay-for-delay deal for a generic version of stroke drug Aggrenox.

  • March 25, 2015

    Korean Co. Likely Can't Get Noodle Price-Fix Claims Tossed

    A California federal judge said Wednesday that he likely won't let Samyang Foods Co. Ltd. dodge claims that it participated in a conspiracy to fix prices on ramen noodles imported to the U.S. from Korea, saying he found the indirect purchasers' Sherman Act allegations plausible.

  • March 25, 2015

    11th Circ. Urged To Nix 20-Year Medicare Fraud Sentence

    The owner of a Miami home health care company asked the Eleventh Circuit to overturn her conviction and 235-month prison sentence for running a $7 million Medicare fraud scheme, arguing Wednesday that she was prevented from presenting evidence to defend herself.

  • March 25, 2015

    6th Circ. Affirms Ink Pricing Injunction Against Kodak

    The Sixth Circuit on Wednesday upheld a preliminary injunction stopping Eastman Kodak Co. from engaging in a pricing scheme to stifle competition for Versamark printer ink, saying the district court had not abused its discretion.

  • March 25, 2015

    EU Eyes Copyright, Data Reforms For Digital Unity

    The European Commission laid out a wide-ranging plan Wednesday to create a unified digital market across the European Union that would modernize copyright law, simplify sales tax schemes, push for new data protection rules and attack online geographic price discrimination.

  • March 25, 2015

    IP Firm's Scant Motion Earns Scolding, But No Sanctions

    A California judge scolded intellectual property law firm The Eclipse Group LLP on Wednesday for submitting a sketchy injunction request in its ongoing trademark fight with a similarly named nonpracticing entity, but declined to levy attorneys' fees or other sanctions against the firm.

  • March 25, 2015

    Autoliv Reveals $81M In New Auto Parts Antitrust Settlements

    Autoliv Inc. announced Wednesday that it has reached settlements totaling $81 million with certain direct purchasers that were not covered by an earlier deal in multidistrict litigation accusing the Swedish auto parts maker and others of conspiring to fix prices.

  • March 25, 2015

    Whistleblower Fights Omnicare Sanction Request In FCA Suit

    A whistleblower in a False Claims Act suit over an alleged kickback scheme urged a Texas federal judge on Tuesday to deny Omnicare Inc.’s request for sanctions, among a slew of briefs filed in an ongoing discovery battle.

  • March 25, 2015

    DOD Issues Rule Extending Construction Steel Competition

    The Pentagon on Wednesday issued an interim rule extending a requirement for bidders for military construction contracts to provide opportunities for American steel companies to supply steel and clarifying restrictions on the use of military construction funds in countries surrounding the Arabian Gulf.

  • March 25, 2015

    EU Antitrust Watchdog Raids Electronics Retailers

    The European Commission said Wednesday it had raided the offices of several online electronics retailers based on concerns that they may have violated European Union antitrust law, following up on a series of 2013 raids that targeted Samsung Electronics Co. Ltd. and others.

  • March 25, 2015

    Utah Bill Targeting Contact Lens Pricing Awaits Gov.’s OK

    Utah is close to approving legislation that would prevent contact lens manufacturers from entering into agreements that restrict the price retailers may charge for their products, a controversial issue that has embroiled the industry in a wave of antitrust litigation.

  • March 25, 2015

    Sharp, Panasonic Settle In CRT Price-Fixing Antitrust MDL

    Sharp Electronics Corp. and Panasonic Corp. have reached an agreement to settle antitrust claims in multidistrict litigation that Panasonic was part of a conspiracy to fix the prices of cathode ray tubes in televisions, according to a stipulation filed in California federal court on Tuesday.

  • March 25, 2015

    Lab Fee Waivers Could Be Kickbacks, OIG Warns

    A laboratory’s proposal to waive fees for certain patients referred by physician practices could violate the Anti-Kickback Statute and result in serious discipline, according to an opinion released Wednesday by the Office of Inspector General at the U.S. Department of Health and Human Services.

  • March 25, 2015

    ‘Kids For Cash’ Detention Center Cos. Blast Settlement Bid

    The Pennsylvania detention center operators in a class action seeking damages over the notorious “kids for cash” kickback scheme objected Wednesday to a proposed $4.75 million settlement with a former detention center owner, saying the terms violate a separate agreement to keep them from further payments.

  • March 25, 2015

    Taiwan Auto Parts Co. To Pay $16M To Exit Price-Fixing Suit

    A Taiwanese aftermarket auto parts maker has agreed to pay $16 million to settle claims made by direct purchasers of its products in the U.S. that the company and other manufacturers in Taiwan conspired to fix prices on the parts, according to a Tuesday filing in Wisconsin federal court.

  • March 24, 2015

    FTC Names Intelligence Vet As Inspector General

    The Federal Trade Commission on Tuesday appointed an inspector general to succeed retired Scott Wilson, naming the Office of the Director of National Intelligence's inspector general.

Expert Analysis

  • UK Competition And Markets Authority Targets Local Markets

    Alan Davis

    The U.K. Competition and Markets Authority's recent settlement with an association of estate and lettings agents, three of its members and a newspaper publisher is notable as an indication of the CMA's ambition to be more active in relation to cartel enforcement compared with its predecessor, say Matt Evans and Alan Davis of Jones Day.

  • Omnicare: Good News For Issuers But Questions Remain

    Brian T. Glennon

    The U.S. Supreme Court’s highly anticipated Omnicare decision provides much-needed clarification as to when a statement of opinion can give rise to Section 11 liability and, to the relief of securities issuers, when it cannot. But the court did not directly address important issues regarding how the Omnicare analysis will be applied, including when an omission may give rise to Section 11 liability, say attorneys with Latham & Watkins LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • Biomet’s DPA Proves An Inescapable Device

    Amy Riella

    As just the latest in a series of companies facing additional scrutiny from U.S. regulators following the settlement of an enforcement action involving violations of the Foreign Corrupt Practices Act, Biomet Inc.’s current plight highlights the risks of continuing reporting and disclosure obligations contained in most deferred and nonprosecution agreements, say Amy Riella and Carla Jordan-Detamore of Vinson & Elkins LLP.

  • Antitrust's Attempt At Healthy Competition In Health Care

    Lori Lustrin

    Just as soon as the ink dried on the Affordable Care Act, the Federal Trade Commission and state attorneys general stepped up efforts to strike down anti-competitive mergers in the health care sector. This, in turn, has led many providers to feel conflicted between their desire to achieve economic efficiencies through mergers and consolidations and reluctance to risk antitrust liability. But hope is not lost, says Lori Lustrin of B... (continued)

  • NJ Supreme Court Clarifies Expert Testimony Rule

    Timothy Freeman

    Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.

  • 2 Years After Comcast, Little Has Changed

    Christopher Micheletti

    The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification game-changer. But a review of circuit court decisions interpreting Comcast shows that most courts have cabined its application, say Christopher Micheletti and Patrick Clayton of Zelle Hofmann Voelbel & Mason LLP.

  • OPINION: Not All That Is Public Should Be Publicized

    Adam C. Sherman

    Although court decisions are public records, that doesn’t mean they should be publicized by the courts on search engines, such as Google. Access alone isn’t the problem. The issue is that these decisions appear prominently atop search results — even when browsing parties are not looking for them. Courts have opened their doors, but they need not remove them entirely, says Adam Sherman of Vorys Sater Seymour and Pease LLP.

  • China’s Qualcomm Decision Sends Mixed Messages

    Peter Corne

    Some clues lead us to believe that China's Qualcomm Inc. decision was the result of a compromise between the investigator and the investigated, in the context of which the investigator somehow lost sight of the fact that it was deviating from the national law, say Peter Corne of Dorsey & Whitney LLP and Blake Yang of Martin Hu and Partners.

  • Up The Irish: St. Paddy’s Is For Celebrating Pro Bono, Too

    Kevin J. Curnin

    Just in time for St Patrick’s Day, Ireland has released the results of its first-ever survey on pro bono legal work. As befits a day that is mostly about celebrating, the results are encouraging. The results also mirror a lot of our experience in the United States regarding how and why — or why not — lawyers are contributing to the common good, says Kevin Curnin of the Association of Pro Bono Counsel.