Competition

  • July 7, 2015

    The Biggest Competition Cases Of 2015: Midyear Report

    In the first six months of 2015, U.S. courts weighed in on key antitrust questions in the pharmaceutical industry, the limits of crying health care reform to defend health system mergers and the future of one of the country's biggest credit card companies. Here Law360 takes a look at some of the biggest competition decisions from the first half of the year.

  • July 7, 2015

    Baker Donelson Adds 3 Health Attys To DC Office

    Baker Donelson Bearman Caldwell & Berkowitz PC has added three lawyers to its Washington, D.C., health law group as shareholders — two from King & Spalding LLP and one from Dickinson Wright PLLC — the firm announced Monday.

  • July 7, 2015

    Cable, Satellite TV Groups Face Off Again Over New FCC Fee

    Dish Network LLC and DirecTV LLC on Tuesday reiterated their call for the Federal Communications Commission to keep a proposed regulatory fee on satellite television providers lower than the equivalent fee for cable providers, saying this would properly reflect a lower cost of regulation.

  • July 7, 2015

    Foam Co. Settles With Mattress Makers In Antitrust MDL

    Several mattress makers including Sealy Corp. and Tempur-Pedic International Inc. have agreed to settle with Foamex Innovations Inc. over allegations it plotted with other polyurethane foam companies to fix prices, according to a stay request granted Tuesday in multidistrict litigation.

  • July 7, 2015

    UK Utilities Overcharged Consumers By $1.8B, Watchdog Says

    The U.K.'s competition regulator Tuesday said that the nation's six biggest utilities overcharged energy consumers by £1.2 billion ($1.8 billion) between 2009 and 2013 and proposed temporary price caps to help control energy costs that have doubled in the past decade.

  • July 7, 2015

    Passengers Want Airline Price-Fixing Suits Sent To Ill.

    A group of airline passengers suing the four largest carriers in the U.S. over allegations of collusion asked a judicial panel on Monday to consolidate similar lawsuits before a single judge in Illinois, calling it both necessary and appropriate.

  • July 7, 2015

    Star Pipe Products Pays $3.6M To Settle Price-Fixing Suit

    Star Pipe Products Ltd. has agreed to pay roughly $3.6 million to direct purchasers of iron pipe fittings to settle a potential class action in New Jersey federal court accusing the company of engaging in a price-fixing conspiracy, according to a Monday filing.

  • July 7, 2015

    Brazil's Antitrust Agency To Probe Alleged Car Parts Cartel

    Brazil's antitrust watchdog said Monday that it's looking into whether Japanese auto parts maker Takata Corp. and its Swedish-American competitor Autoliv formed a cartel in the South American country to fix prices on seat belts, air bags and steering wheels.

  • July 6, 2015

    Endo, Impax Look To Nix Opana Pay-For-Delay Suits

    Endo Pharmaceuticals Inc. and Impax Laboratories sought Friday to dismiss proposed class actions claiming Endo paid more that $112 million to delay a generic version of painkiller Opana ER, saying the plaintiffs hadn’t stated a claim under the U.S. Supreme Court’s Actavis ruling.

  • July 6, 2015

    Class Attys Blast Objections To Fees In EA, NCAA Deals

    Plaintiffs in a case over allegations of antitrust violations and the improper use of a class of student athletes' likenesses have blasted objections to two settlements totaling $60 million reached with Electronic Arts Inc. and the National Collegiate Athletic Association, saying the objectors fundamentally misunderstand the settlement terms.

  • July 6, 2015

    Davis Polk Steers Aetna In $37B Deal For Humana

    Aetna Inc. will pay $37 billion to acquire fellow health insurance giant Humana Inc., or a $1 billion breakup fee if antitrust regulators balk, under a cash-and-stock deal guided by Davis Polk & Wardwell LLP and unveiled Friday.

  • July 6, 2015

    AbbVie Says Reconsideration Not Needed In FTC Row

    AbbVie Inc. and others said Monday they don’t believe a recent Third Circuit ruling provides any basis for a Pennsylvania federal judge to reconsider his decision dismissing part of the Federal Trade Commission’s pay-for-delay lawsuit over testosterone drug AndroGel.

  • July 6, 2015

    Pentair Says Pool Product Antitrust MDL Deal Should Be OK'd

    Pentair Water Pool & Spa Inc. on Monday urged a Louisiana federal judge to approve a $600,000 preliminary settlement with indirect purchasers over multidistrict litigation claiming that it conspired with other companies to restrict the supply of pool products.

  • July 6, 2015

    Soccer Body Overhauls Rules Amid FIFA Corruption Scandal

    Organized soccer’s governing body in North America, Central America and the Caribbean announced on Monday that it will overhaul its corporate governance and management rules, in an effort to repair its public image and remove the stain of the ongoing U.S-led corruption investigation into the international soccer governing body FIFA.

  • July 6, 2015

    6-Foot-9 Actress Sued For Breach Of Contract By Ex-Promoter

    Lindsay Hayward, a 6-foot-9 wrestler turned actress who will be featured in a TLC series about tall women, was sued Tuesday in Miami by her former business partner, who claims she violated an agreement they had to promote her work.

  • July 6, 2015

    Ex-Norton Rose Atty Named UK Antitrust Enforcement Chief

    The U.K.'s Competition and Markets Authority has announced the appointment of former Norton Rose Fulbright LLP partner and current senior director for sector regulation Michael Grenfell as its new executive director of enforcement.

  • July 6, 2015

    Judge Denies Plea Change For Texas Medicare Fraudster

    A former hospital administrator can’t change his guilty plea after being sentenced to 40 years in prison for a $116 million Medicare fraud scheme, a Texas federal judge ordered Thursday.

  • July 6, 2015

    Charter Tells FCC It Has Little Overlap With Time Warner

    Charter Communications Inc. told the Federal Communications Commission on Monday that reduced competition is not an issue in its bid to buy Time Warner Cable Inc. and Bright House Network LLC, as fewer than 0.1 percent of the companies’ subscribers potentially overlap.

  • July 6, 2015

    FIFA Bans Inspector Of 2018, 2022 World Cup Bids

    FIFA said Monday it has banned the official tasked with evaluating bids for the 2018 and 2022 World Cup, which were awarded to Russia and Qatar, respectively, and have drawn bribery and corruption allegations since they were awarded in 2010.

  • July 6, 2015

    Baseball Scouts Hit MLB With Antitrust, OT Class Action

    Major League Baseball conspired to prevent baseball scouts from moving between teams and stiffed them on overtime pay, according to a proposed class action filed in New York federal court claims, echoing similar allegations brought by minor league players.

Expert Analysis

  • How FCPA Applies To Foreign Private Companies

    Andre Fiebig

    In contrast to their U.S. subsidiaries, foreign privately held companies generally do not qualify as issuers or domestic concerns under the Foreign Corrupt Practices Act. Nevertheless, they might be exposed to the FCPA, say Andre Fiebig and Matthew Sloan of Quarles & Brady LLP.

  • An Empirical Approach To Reverse Payment Settlements

    Joshua Gans

    It is crucial to view reverse payment settlements not in absolute terms but in proportion to the branded drug company’s lost profits in the event of generic entry, say Joshua Gans, a professor at the University of Toronto, and Lisa Cameron, a principal at The Brattle Group Inc.

  • The CFPB's Real Message In Its 1st Administrative Appeal

    Ori Lev

    The message from the Consumer Financial Protection Bureau after its first administrative appeal is now clear — no matter what the amount of payments made for services rendered, any quid pro quo agreement in which one party receives business as a result of referring settlement service business to another party is a violation of the Real Estate Settlement Procedures Act, says K&L Gates LLP's Ori Lev, a former deputy enforcement direc... (continued)

  • Avoiding Compliance Red Cards After FIFA Scandal

    Jeff Severson

    Sports marketing companies were central to the criminal conduct described in the FIFA indictment, which raises issues about how both sports marketing companies and sponsors can avoid being taken advantage of and steer clear of entering into contracts with organizations that engage in bribery and corruption, say attorneys with Crowell & Moring LLP.

  • FTC's Sysco Merger Challenge Reflects Orthodox Approach

    Beau W. Buffier

    The Federal Trade Commission’s case against the Sysco-US Foods merger relied strongly on structural presumptions rooted in market shares and market concentration, reinforcing that agencies and courts continue to apply an approach that has changed little in decades and that is heavy on market definition, market shares and presumptions of anti-competitive effects, say attorneys with Shearman & Sterling LLP.

  • Franchising And The Internet: New Challenges In The EU

    Mark Abell

    Regardless of the European Union's recent e-commerce sector inquiries and digital single market strategy, it is not uncommon in practice to find restrictions in franchise agreements on Internet sales. However it is clear that various restrictions on Internet selling are all incompatible with — and likely to infringe — competition law, says Mark Abell of Bird & Bird.

  • The Recast Brussels Regulation And EU Gazprom Decision

    Serena Cooke

    By making it clear that the Gazprom case fell to be determined by the Brussels I Regulation and without reference to the Recast Regulation, and by failing to take the opportunity to revisit West Tankers in light of the Recast Regulation, the EU Court of Justice avoided addressing the most controversial aspect of Advocate General Melchior Wathelet's opinion — and has undoubtedly created future problems for itself, say Serena Cooke a... (continued)

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • A Few Lessons From FCPA Trial Of Ex-PetroTiger CEO

    Marsha Gerber

    The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.