Competition

  • May 29, 2015

    Swedish Antitrust Watchdog Accuses Nasdaq Of Blocking Rival

    Swedish antitrust officials said Thursday that they had launched a legal complaint seeking $3.64 million from Nasdaq OMX Group Inc. after its Stockholm exchange allegedly prevented a close competitor from placing its matching engine in a Verizon Inc. data center.

  • May 29, 2015

    $1.5B Aer Lingus Takeover Gains Momentum With Ireland's OK

    Ireland’s parliament voted Thursday to approve the sale of its 25 percent stake in Aer Lingus Group PLC to British Airways owner International Consolidated Airlines Group SA, moving IAG's $1.5 billion takeover of Aer Lingus one step closer to becoming a reality.

  • May 29, 2015

    Lockheed Wins Modification Of 1976 Bribery Pact With SEC

    A Washington federal judge on Friday granted Lockheed Martin Corp.’s request that it no longer be required to notify the U.S. Securities and Exchange Commission of changes to its anti-corruption policies, tweaking a provision of a 1976 settlement the military contractor claimed was obsolete.

  • May 29, 2015

    Law Profs, Yale Back Investors In Libor Antitrust Appeal

    Several antitrust law scholars and Yale University have backed investors challenging the dismissal of antitrust claims from multidistrict litigation over Libor manipulation, telling the Second Circuit the losses the investors suffered are classic antitrust injuries.

  • May 29, 2015

    Judge Spells Out BMI's Royalty Win Over Pandora

    The federal judge handling the ongoing royalty dispute between Pandora Media Inc. and blanket licensor Broadcast Music Inc. issued a lengthy opinion Thursday detailing his reasons for ordering the radio service to pay higher rates — among them, that he was swayed by increased rates Pandora paid in since-vetoed free-market deals.

  • May 29, 2015

    FTC Sues To Block $1.9B Steris-Synergy Merger

    The Federal Trade Commission issued an administrative complaint on Friday seeking to block a $1.9 billion deal merging sterilization providers Steris Corp. and Synergy Health PLC, claiming the cross-border tie-up would harm competition for radiation-based sterilization services.

  • May 29, 2015

    Cable Group Pushes FCC To Ditch Rate Regulation

    The American Cable Association met with Federal Communications Commission staff Wednesday and Thursday to push for the agency's proposal to assume that the cable industry does in fact face effective competition and doesn’t need some rate regulation, according to two ex parte filings.

  • May 29, 2015

    Telecom Groups Reiterate Call For Net Neutrality Rule Stay

    Telecommunications groups again asked the D.C. Circuit on Thursday to halt part of the Federal Communications Commission’s net neutrality rules, saying that the status quo should be preserved while their appeal — which they say they’re likely to win — is pending.

  • May 29, 2015

    Clorox Doesn't Have To Supply Grocer Amid Antitrust Suit

    Midwestern grocer Woodman's Food Market Inc. failed Thursday to make a convincing case that it would suffer irreparable harm if the magistrate judge overseeing its antitrust suit against Clorox Co. did not order the cleaning supply company to make its bulk products available to the store.

  • May 29, 2015

    Taxation With Representation: Skadden, MoFo, Latham

    In this week's Taxation With Representation, a phalanx of attorneys from Latham & Watkins, Skadden and Morrison & Foerster work Avago Technologies Ltd.'s $37 billion historic purchase of a rival chipmaker, while Baker Botts and Sullivan & Cromwell work behind the scenes of the blockbuster $55 billion tie up between Charter Communications Inc. and Time Warner Cable Inc.

  • May 29, 2015

    FTC Commish Calls For War On Hospital Construction Laws

    Federal Trade Commissioner Maureen K. Ohlhausen on Friday urged the antitrust agency to put pressure on state legislatures around the country to scrap laws requiring state approval for the construction of new hospitals, saying the laws are “anti-competitive" in nature and create barriers for new market entrants.

  • May 28, 2015

    2nd Circ. Won't DQ Apple E-Book Settlement Monitor

    The Second Circuit on Thursday refused to disqualify a settlement monitor who is overseeing Apple Inc.’s conduct in the wake of a finding that it fixed e-book prices, although the appeals court criticized some of the former Goodwin Procter LLP partner’s actions.

  • May 28, 2015

    Bio-Rad's Ex-GC Sues Over Firing Amid Bribery Investigation

    Bio-Rad Laboratories Inc.’s former general counsel hit it with a suit in California federal court Wednesday claiming the life sciences research company illegally fired him after he reported that its leadership may be engaging in bribery in China.

  • May 28, 2015

    Pay-For-Delay Questions Linger After $1.2B Cephalon Deal

    The Federal Trade Commission's record-setting $1.2 billion settlement with Cephalon Inc. on Thursday gives the antitrust watchdog a boost as it continues to challenge so-called pay-for-delay settlements. But the eleventh-hour deal disappointed observers who had hoped for answers to lingering questions about how to prosecute the complex cases.

  • May 28, 2015

    2nd Circ. Says Coercion Key To Namenda Injunction Ruling

    The Second Circuit explained Thursday that Actavis PLC's plan to force Alzheimer's patients using its Namenda dementia drug to switch to a newer version by pulling the older formulation from the shelves likely violated federal antitrust law because it moved from "persuasion to coercion."

  • May 28, 2015

    FTC's $1.2B Win Shows Pay-For-Delay Deals On Thin Ice

    The Federal Trade Commission's $1.2 billion settlement with Cephalon Inc. over the company's huge payments to rivals is a fresh sign that so-called pay-for-delay deals involving big exchanges of money will be difficult to defend in the wake of a landmark U.S. Supreme Court decision from two years ago, experts say.

  • May 28, 2015

    DC Judge Questions FTC Case In Sysco-US Foods Merger

    A DC federal judge grilled the Federal Trade Commission on its case to block the $3.5 billion Sysco Corp.-U.S. Foods Corp. merger Thursday, questioning disputed expert testimony central to the agency’s effort.

  • May 28, 2015

    No More Delays, Plaintiffs In Shire Pay-For-Delay Suit Told

    A federal judge shot down a request by a group of consumers to amend their complaint for a second time against Shire US Inc. in a pay-for-delay suit, noting Wednesday that the case has already been bogged down by delays.

  • May 28, 2015

    Paying The Price For Pay-For-Delay: Cephalon's 7-Year Saga

    With a $1.2 billion settlement on Thursday ending the Federal Trade Commission’s long-running case against Cephalon Inc. for allegedly paying rivals to hold off selling generic versions of the narcolepsy drug Provigil, Law360 takes a look back at the seven-year antitrust fight.

  • May 28, 2015

    DHL Pushes To Narrow Window For Shipping Antitrust Claims

    DHL Express (USA) Inc. on Wednesday urged a New York federal judge to trim an antitrust class action alleging a price-fixing conspiracy among freight companies, arguing that after it approached antitrust regulators, subsequent claims fall flat.

Expert Analysis

  • 4 In-House Preferences For Better Outside Counsel

    Patrick H. Reilly

    The best outside counsel change their optics to think like the client. For these lawyers, client service is not just about top-notch legal work — it is about making life easier for the entire in-house team. In the words of litigation counsel at medical device company Zimmer Inc. and outside counsel at Faegre Baker Daniels LLP, here are four ways outside counsel can better serve clients.

  • US Franchisors Expanding Abroad Must Consider FCPA Risks

    HL Rogers

    Although the Foreign Corrupt Practices Act has not yet been enforced in the franchise context, if it did pursue such a case the government would likely focus on the degree of control the franchisor exercised over the foreign franchisee’s practices and its knowledge of the alleged misconduct. Liability may therefore depend on the type of franchise being utilized, say HL Rogers and Ellen Crisham of Sidley Austin LLP.

  • Analyzing Data Trends To Shape Complex Litigation Strategy

    Elizabeth Figueira

    With the understanding that jurisdictional data trends can shape complex litigation strategy, Crowell & Moring LLP attorneys Keith Harrison and Elizabeth Figueira offer a snapshot of the time to resolution of recent disputes in the U.S. District Courts and Courts of Appeals.

  • Illinois Antitrust Case Highlights Venue Requirements

    James Menton Jr.

    An Illinois federal court's recent decision in Industrial Models Inc. v. SNF Inc. serves as an instructive reminder of what can happen when a case is filed in the wrong forum, says James Menton Jr. of Robins Kaplan LLP.

  • Anti-Corruption Enforcement Is Escalating Worldwide

    Richard C. Smith

    The first half of 2015 has seen a flurry of anti-corruption enforcement activity in the U.S. and abroad. As countries battle corruption within their own borders, their increasingly aggressive approach signals a likely increase in intergovernmental cooperation and coordination of enforcement efforts across borders, say attorneys with Norton Rose Fulbright.

  • 1 Small Provision For Barclays, 1 Big Step For Compliance

    Mark Rosman

    Last week's Barclays PLC plea deal represents the first time that the Antitrust Division of the U.S. Department of Justice has awarded a company sentencing credit for implementing an effective compliance program after the start of an investigation, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • 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.