Competition

  • July 27, 2016

    Skeloses Face Continuing Fallout From Convictions

    Former New York State Senate leader Dean Skelos saw his name stricken from New York’s attorney roll Wednesday, finalizing his automatic disbarment for his December conviction on corruption charges, just a day after his also-convicted son abandoned his efforts to fight a forfeiture proceeding of his Long Island home.

  • July 27, 2016

    Watson Pushes To Sever Lidoderm, Opana Pay-For-Delay Suits

    Watson Laboratories Inc. and its owner, Allergan PLC, on Tuesday again urged a Pennsylvania federal court to sever the Federal Trade Commission's case claiming that Watson delayed generic competition for Lidoderm from another similar case over Opana ER, saying the FTC is unable to show any logical relationship.

  • July 27, 2016

    Momenta Wins Dismissal Of Blood-Clot Drug Antitrust Suit

    A Massachusetts federal judge on Wednesday said that Amphastar Pharmaceuticals Inc. cannot bring federal antitrust claims against Momenta Pharmaceuticals Inc. for allegedly suppressing competition of sales of a generic blood clot drug because its alleged injury stems from a prior court-issued injunction, immunizing Momenta from suit.

  • July 27, 2016

    Mylan Must Divest Two Generics To Buy Meda, FTC Says

    The Federal Trade Commission on Tuesday cleared the way for drugmaker Mylan NV’s $7.2 billion acquisition of Swedish drugmaker Meda AB, provided Mylan divests assets for two generic drugs in order to settle anti-competitive claims.

  • July 27, 2016

    Anthem's New Merger Defenses Won't Rattle DOJ

    Anthem is previewing its counterattack against the DOJ’s challenge to a proposed merger with Cigna, but observers on Wednesday were skeptical of the insurance giant’s claims about cost savings and stronger competition.

  • July 27, 2016

    Mass. Hospital Says Suit Against Competitor Wasn't 'Sham'

    A Massachusetts hospital chain told a federal judge in Boston on Wednesday that the state suit it filed against a competitor to stop it from opening a new heart center, though ultimately unsuccessful, was far from a "sham" that could form the basis of an antitrust claim.

  • July 27, 2016

    Broker Pleads Guilty To Role In $131M Investment Scheme

    A securities broker pled guilty in New York federal court on Wednesday to securities fraud in relation to a scheme that bilked investors of lighting company ForceField Energy Inc. out of approximately $131 million, the U.S. Department of Justice said in a statement.

  • July 27, 2016

    Mega-Merger Reviews Show DOJ Obstinance On Remedies

    The U.S. Department of Justice last week announced its decisions in three of the most-watched merger review cases in recent memory, and the outcomes show the administration will remain adamant in rejecting merger remedies that do not preserve the competitive status quo in a market, experts said.

  • July 27, 2016

    FTC Clears Teva's $40.5B Generics Buy With Divestitures

    The Federal Trade Commission said Wednesday it will allow Teva to move forward with its planned $40.5 billion acquisition of Allergan’s generic business, provided that the Israel-based generics giant sells the rights and assets related to 79 pharmaceutical products.

  • July 27, 2016

    Louisville Must Face AT&T Challenge To Utility Pole Law

    The city of Louisville, Kentucky, lost a bid Tuesday to toss AT&T's suit over an ordinance giving third parties easier utility pole access, with a federal judge saying the company has shown the court is an appropriate venue for claims that Louisville didn’t have the authority to make the law.

  • July 27, 2016

    FERC Asks Court To OK Pa. Trader's $42M Manipulation Fine

    The Federal Energy Regulatory Commission on Wednesday urged an Ohio federal judge to affirm $42 million in penalties and disgorgement it imposed on a shuttered Pennsylvania trading firm and its employees for alleged electricity market manipulation, allegations the firm insists are unfounded.

  • July 27, 2016

    STB Proposes New 'Switching' Regs To Force Rail Competition

    The Surface Transportation Board on Wednesday proposed new regulations that would allow shippers currently served by only one major rail carrier in their region to get access to another railroad under certain conditions, a long-anticipated move intended to bolster rail competition throughout the country.

  • July 27, 2016

    Reynolds Sues Goldman Sachs, Others Over Aluminum Prices

    Reynolds Consumer Products LLC and Southwire Co. LLC sued Goldman Sachs & Co., Glencore Ltd., JPMorgan Chase Bank NA and others in New York federal court on Tuesday on claims they conspired to raise the price of aluminum in violation of federal and state antitrust law.

  • July 27, 2016

    Germany Levies €3.1M Antitrust Fine On TV Studio Operators

    Germany’s antitrust enforcement agency on Tuesday imposed fines totaling €3.1 million ($3.4 million) against three television studio operators for running an illegal information exchange.

  • July 27, 2016

    Australian Banks Aim To Team Up In Apple Pay Talks

    Four of Australia’s biggest banks on Wednesday asked that country’s competition regulator to allow them to work together in negotiations with Apple Inc. over access to Apple Pay, the tech giant’s contactless payments system, according to media reports from Australia.

  • July 27, 2016

    Wabtec Makes Concessions To EU Amid Faiveley Deal Probe

    U.S.-based Wabtec offered up concessions to the European Union’s antitrust watchdog, which is probing competition concerns surrounding the railway parts company’s plans to snap up French rival Faiveley for $1.8 billion, the European Commission website showed Wednesday.

  • July 27, 2016

    Blago To Speak Via Video At August Resentencing, Atty Says

    Former Illinois Gov. Rod Blagojevich will likely speak at his resentencing next month, his attorney told the federal judge overseeing his case Wednesday, but the charismatic politician will have to deliver his defense via video conference.

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    State Farm, Others Should Face Antitrust Suit, 11th Circ. Told

    A group of Mississippi auto body shops urged the Eleventh Circuit on Monday to revive their claims that State Farm and other insurers conspired to manipulate car repair costs, asserting that a lower court either ignored or misconstrued the factual allegations in their complaint.

Expert Analysis

  • A Look At UK's 2nd Deferred Prosecution Agreement

    Kevin Robinson

    The U.K. Serious Fraud Office recently announced that it had secured its second deferred prosecution agreement. One of the most significant features of the financial settlement is that the as-yet-unidentified U.K. company’s U.S. parent has been made responsible for funding almost the entirety of the penalty, says Kevin Robinson of Morgan Lewis & Bockius LLP.

  • Active Vs. Passive Investing: The Struggle Of 2 Agencies

    Ethan A. Klingsberg

    Recent efforts by the U.S. Department of Justice and the U.S. Securities and Exchange Commission to determine where to draw the line between active and passive investing will have an immediate impact on hedge fund activism. The results of the two agencies’ efforts — in pursuit of different policy objectives — will become increasingly tricky and significant, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Legal Aid, Meet Legal Tech

    IMG_0023.JPG

    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Latest FCPA Deal Validates Pilot Program

    William Steinman

    The U.S. Department of Justice's recent decision to close its Foreign Corrupt Practices Act investigation of Johnson Controls without charges provides a glimmer of hope that self-disclosure under the so-called pilot program might just be worthwhile, says William Steinman of Steinman & Rodgers LLP.

  • DOJ, FTC More 'Upfront' About Divestiture Requirements

    Gregory P. Luib

    Lost in all the publicity over high-profile mergers that have foundered for lack of an acceptable remedy is the fact that the agencies continue to resolve the vast majority of merger challenges by consent but are doing so with a marked increase in the use of upfront buyers, says Gregory Luib of Dechert LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Generic Drug Price Surges Don't Always Point To Collusion

    Ceren Canal Aruoba

    Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.

  • New Filing Rules Will Widen Germany's Merger Control Reach

    Juan Rodriguez

    The planned introduction of a new size-of-transaction threshold is likely to significantly increase the number of merger notifications in Germany, thus increasing the administrative burden on parties to international M&A, and in particular, foreign-to-foreign transactions that have limited impact in Germany, say attorneys with Sullivan & Cromwell LLP.

  • Stock Prices Aren't Enough For 'Rule Of Reason' Analysis

    Pierre Y. Cremieux

    Stock market evidence should not shortcut the "rule of reason" analysis required for reverse-payment settlements in a post-Actavis world, and is far from the “smoking gun” of anti-competitive effects proclaimed by some advocates, say consultants at Analysis Group Inc.