Competition

  • September 23, 2016

    Ex-Tribe Leaders Knock Judgment Bid In Embezzlement Row

    Four former Paskenta Band of Nomlaki Indians officials accused by the tribe of a sprawling embezzlement scheme blasted current tribal leaders’ request to finalize their escape from the dispute in California federal court Thursday.

  • September 23, 2016

    Justices Asked To Nix FCA 'Vagueness' Exemption

    A former employee of a water pump company has urged the U.S. Supreme Court to overturn a D.C. Circuit opinion that allowed the company to skirt False Claims Act penalties under the theory its conduct was justified by a lack of guidance on the part of the government.

  • September 23, 2016

    HP Says Oracle Using Discovery In Bid To Spy On Its Business

    HP told a California federal judge Thursday that Oracle is abusing discovery in its suit alleging HP support companies distributed copyrighted Oracle code, trying to spy on HP’s business operations, while Oracle said in the joint letter that HP isn't fulfilling its discovery obligations.

  • September 23, 2016

    Google Blasts Ex-MySpace Owner For ‘Harassing’ Motions

    Google, News Corp. and Ask.com owner Interactive Corp. urged a California federal judge Friday to declare a former MySpace co-owner a vexatious litigant over his pursuit of allegations they depressed MySpace’s price ahead of its 2005 sale, saying he’s filed 16 “really harassing” motions since the court dismissed the claims a year ago.

  • September 23, 2016

    Heir-Finder Co., Owner Plead Not Guilty In Antitrust Case

    A company that tracks down lost and unknown heirs and its co-owner on Friday pled not guilty in Utah federal court to charges that they conspired to allocate customers in the industry.

  • September 23, 2016

    Cable Group Bashes 'Tax' In FCC's Special Access Rules

    A trade group for small and medium cable companies pushed back on the Federal Communications Commission’s plan for new rules for so-called special access services, saying in a Thursday letter that the currently planned rules would amount to a “tax” on smaller providers.

  • September 23, 2016

    NFL-DirecTV 'Unquestionably Anti-Competitive,' Court Told

    DirecTV subscribers blasted the National Football League on Thursday for trying to evade multidistrict litigation alleging the NFL's exclusive Sunday Ticket package with the broadcaster violates federal antitrust law, arguing there's nothing “pro-competitive” about the arrangement.

  • September 23, 2016

    DOJ 'Fomenting A Breakdown' Of $54B Merger, Anthem Says

    The U.S. Department of Justice is trying to sabotage a $54 billion merger between Anthem and Cigna by publicly airing internal memos that detail strife between the two insurers, according to a new filing from Anthem in D.C. federal court.

  • September 23, 2016

    Unfair Prices Not Antitrust Issue, FTC Commissioner Says

    Though inflated prices can indicate there is a constraint on the market, they are not by themselves anti-competitive, and it is troubling that some countries are cracking down on companies whose sole infraction seems to be excessive royalty charges, Federal Trade Commission's Maureen Ohlhausen said late Thursday.

  • September 23, 2016

    EU Parliament Head Warns UK Delay Could Sour Brexit Deal

    The longer the U.K. waits to trigger formal negotiations on its exit from the European Union, the more difficult it may be for Britain to reach an agreement with splintered European interests, the president of the European Parliament warned Friday.

  • September 23, 2016

    Investors Blast Barclays' 2nd Circ. Case Use In Libor Row

    A class of bank investors in New York federal court has blasted Barclays PLC’s bid to toss claims of interbank benchmark rate manipulation based on a recent Second Circuit decision in a terrorism case, saying the decision doesn't apply because the instant claims involve domestic misconduct.

  • September 23, 2016

    DOJ Antitrust Head Says More Int'l Collaborations To Come

    The U.S. Department of Justice has worked with foreign enforcers on some of the most high-profile antitrust cases in recent memory, and will likely increase collaboration with international counterparts in the future, Renata Hesse, acting assistant attorney general of the DOJ’s Antitrust Division, said Friday.

  • September 22, 2016

    Ex-Cuomo Aides, Execs Charged In Corruption Dragnet

    Federal and state prosecutors accused two former aides to New York Gov. Andrew Cuomo, another state official and executives from energy and development companies of a slew of corruption charges Thursday, over claims of bribery connected to the award of hundreds of millions of dollars in state contracts.

  • September 22, 2016

    Generic EpiPen Will Likely Secure Profits For Mylan

    Mylan NV's planned introduction of a generic EpiPen is less likely an act of repentance after overcharging customers for a lifesaving drug and more a calculated move to secure loyalty ahead of competitors' entry to the market, as well as a means of cutting out middlemen who take a share of the profits, experts said Thursday.

  • September 22, 2016

    FCC Fines Siemens $175K For Hiding FCPA Felonies

    Siemens Co. and Siemens Medical Solutions USA Inc. have agreed to pay a $175,000 fine to resolve a Federal Communications Commission investigation into their wireless license applications, which allegedly fail to disclose past felony convictions for bribing foreign officials, the FCC said Thursday.

  • September 22, 2016

    35 States Sue Indivior In Antitrust Row Over Suboxone

    Top prosecutors for New York and Pennsylvania said Thursday they have joined forces with 33 other states to lodge an antitrust suit against Indivior in Pennsylvania federal court, alleging that the British drugmaker is unlawfully attempting to keep a generic version of opiate addiction treatment Suboxone off the market.

  • September 22, 2016

    FERC Mulls Changes To Utility Merger Reviews

    The Federal Energy Regulatory Commission on Thursday asked for comments on revising how it assesses market power when considering electric utility industry mergers and acquisitions.

  • September 22, 2016

    £14B MasterCard Antitrust Suit To Test UK Class Action Law

    U.K. consumers have hit MasterCard with a £14 billion ($18.2 billion) antitrust suit in London's competition court in one of the first cases to test-drive the country’s recently rolled out collective action procedures, and attorneys will be watching the proceedings closely for guidance on the new regime.

  • September 22, 2016

    Carolinas HealthCare Scoffs At DOJ Antitrust Suit

    Carolinas HealthCare System on Wednesday derided a novel antitrust suit from the U.S. Department of Justice, saying the government hasn’t shown how competition suffered when the hospital chain prevented major health insurers from steering patients to rival hospitals.

  • September 22, 2016

    Bayer Willing To Give Up $1.6B Yearly To Land Monsanto

    Chemical and drug heavyweight Bayer has committed to selling off parts that net it up to $1.6 billion in sales per year to complete its merger with crop giant Monsanto if regulators demand it as a condition of the deal, Monsanto said in a Wednesday filing.

Expert Analysis

  • Harris Corp. FCPA Declination Is First Of Its Kind

    Robert W. Kent Jr.

    Commentators have justifiably been suspicious of regulators’ claims that they will reward companies that have strong Foreign Corrupt Practices Act compliance programs and that respond to allegations of misconduct as the government has recommended. However, it is difficult to read the recent Harris Corp. resolution as anything other than the government following through on its promises, says Robert Kent of Baker & McKenzie LLP.

  • The Digital Divide Remains A Chasm In The US

    John F. Stephens

    The Federal Communications Commission has announced that it will not appeal the Sixth Circuit's decision declaring that the FCC does not have authority to preempt state laws that inhibit municipal broadband service expansion. This ruling will make it harder for cities, towns and public entities to compete with for-profit companies, possibly reinforcing the digital divide between rural and urban populations, says John Stephens of Sedgwick LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • The Potential For Litigation In New Era Of Biosimilars

    Christian Frois

    In recent years, there has been widespread litigation surrounding generic entry across a wide range of therapeutic classes. As biosimilars are now becoming available in the U.S., should we expect similar litigation? The answer is not that simple given the economics of biosimilars as well as some key differences between biologic and chemical drugs, say Christian Frois, Richard Mortimer and Alan White of Analysis Group Inc.

  • How High Court Views Prosecutor Charging Decisions

    Randall Eliason

    Does the U.S. Supreme Court still believe in prosecutorial discretion? A string of cases over the past few years has to make you wonder, says Randall Eliason, a former federal prosecutor.

  • From Fapiao To Gestores: FCPA Risks In China, Latin America

    Saskia Zandieh

    A review of Foreign Corrupt Practices Act matters and corruption scandals involving China and Latin America reveals specific risks areas companies should address when tailoring their compliance programs, say Saskia Zandieh and Alice Hsieh of Miller & Chevalier Chtd.

  • 3 Steps To Successful Judgment Enforcement

    Craig Weiner

    Judgment enforcement is typically governed by the law of the state where collection is sought, which frequently means collection efforts are controlled by an arcane body of law replete with debtor-friendly roadblocks. Fortunately, there are a number of actions a judgment creditor can take to secure satisfaction of a claim, say Craig Weiner and Michael Kolcun of Robins Kaplan LLP.

  • A Road Map For Future Food And Ag Antitrust Litigation

    Christopher E. Ondeck

    A recent string of opinions issued by a Pennsylvania federal court in Processed Egg Products Antitrust Litigation likely will shape the course of antitrust litigation in food and agriculture for years to come. The rulings provide unique insight about how companies can defend against claims that they were part of a conspiracy to reduce the supply of their products, say Chris Ondeck and Adrian Fontecilla of Proskauer Rose LLP.

  • Fortiline: FTC's New Twist On 'Invitation To Collude'

    Kathryn M. Fenton

    The standards for proving an invitation to collude already are ambiguous. The Federal Trade Commission's recent action challenging piping distributor Fortiline brings further ambiguity, as this is the FTC's first invitation-to-collude case against an entity that is both a direct competitor with, and a distributor for, the alleged invitee, say attorneys with Jones Day.

  • Should Your Law Firm Move To The Cloud?

    Paul R. Kiesel

    Don't kid yourself into believing, currently, that cloud options are cheaper. Cost is not the justification for moving your law firm to the cloud, says Paul R. Kiesel, founder of Kiesel Law LLP and immediate past president of the Los Angeles Bar Association.