Competition

  • August 1, 2014

    FCC Wants No Wireless Co. Partnering At Spectrum Auction

    The U.S. Federal Communications Commission has proposed preventing nationwide wireless providers from teaming up with joint bids at next year's planned spectrum auction, the agency announced Friday.

  • August 1, 2014

    Global Roundup: France Eyes Mail Cos., Bulgargaz Gets Fined

    France took aim at Royal Mail and TNT Express, Bulgaria fined its leading natural gas provider $16 million, and South Korea forced revisions to app store terms at Apple Inc. and Google Inc. Here are details on those and a few other international antitrust developments you might have missed in the last month.

  • August 1, 2014

    Judge OKs Apple E-Books Settlement

    A New York federal judge on Friday signed off on a $450 million e-books antitrust settlement with the government, finding that further discussions with class attorneys quelled her concerns about a provision of the deal that could result in Apple paying much less money depending on the outcome of an appeal.

  • August 1, 2014

    Legal Firm Settles Trade Secrets Suit Against Founder

    A Miami-based legal services firm that claimed its founder violated noncompete clauses in purchase and consulting agreements by misappropriating confidential company information has notified a Florida state court that the suit has been settled in an undisclosed deal.

  • August 1, 2014

    Retaliation Claims Revived In BAE Bid Rigging Suit

    A Michigan federal judge on Friday reopened whistleblower retaliation claims in a suit alleging BAE Systems Inc. used inside information to rig contract bids, after the Sixth Circuit ruled that the plaintiffs' retaliation claims weren't covered by an employee arbitration agreement.

  • August 1, 2014

    Carlyle Not Backing Down In Massive LBO Collusion Suit

    While other big-name private equity shops have settled, the Carlyle Group LP on Friday indicated it wasn't ready to throw in the towel on a long-running suit accusing it and several other private equity firms of teaming up to depress prices in leveraged buyouts leading up to the financial crisis.

  • August 1, 2014

    5 Things You Need To Know About Iliad's $15B T-Mobile Bid

    Iliad SA on Thursday swooped in with a surprise $15 billion offer for a majority stake in sought-after wireless provider T-Mobile US Inc., setting up a potential bid war that could upend Sprint Corp.'s long-simmering pursuit of its main rival. Here, Law360 runs down the five things you need to know about the French company's bid.

  • August 1, 2014

    Consumers Lose Class Cert. Bid In Intel Antitrust MDL

    A Delaware federal judge refused Thursday to grant class certification to a group of consumers pursuing a nearly decade-old antitrust suit accusing Intel Corp. of squeezing out a rival microprocessor manufacturer.

  • August 1, 2014

    Ex-Alstom VP Says FCPA Indictment Is Time-Barred

    A former Alstom SA vice president argued in Connecticut federal court Thursday that an indictment charging him with violating the Foreign Corrupt Practices Act in connection with an alleged bribery scheme linked to a $188 million contract in Indonesia is time-barred because of his resignation in 2004 from the company.

  • August 1, 2014

    Investor Demands Parker Drilling Execs' Names In FCPA Case

    A Parker Drilling Co. investor late Thursday requested the Delaware Chancery Court to compel the company to reveal the identities of former senior executives and outside counsel purportedly connected to a U.S. Foreign Corrupt Practices Act case it settled with the U.S. government for $16 million.

  • August 1, 2014

    Deutsche Bank, HSBC Accused Of Manipulating Silver Futures

    Deutsche Bank AG, HSBC USA Bank NA and The Bank of Nova Scotia were hit Thursday with a class action in a New York federal court alleging they engaged in a scheme to manipulate the price of silver futures.

  • July 31, 2014

    AbbVie Investor Says Brass Exposed Co. To Off-Label Claims

    An AbbVie Inc. shareholder launched a derivative suit Thursday in Delaware Chancery Court accusing the biopharmaceutical company’s brass of saddling it with the risk of liability connected to whistleblower accusations of physician kickbacks and off-label drug marketing directed at former parent Abbott Laboratories before a spinoff.

  • July 31, 2014

    Boies Schiller Dodges Fashion Model's Malpractice Suit

    Boies Schiller & Flexner LLP beat back a fashion model's malpractice suit Thursday that accused the firm of mismanaging her price-fixing and other claims against major modeling agencies, with a New York judge finding no evidence that the model would have faired any better without the firm's representation.

  • July 31, 2014

    AmEx CEO Says Antitrust Case Could Doom Company

    American Express Co. CEO Kenneth Chenault criticized the U.S. Department of Justice on Thursday for bringing antitrust charges against the company and testified that AmEx “will not survive” if it is forced to end rules that prevent merchants from steering customers to lower-fee alternatives offered by MasterCard Inc. and Visa Inc.

  • July 31, 2014

    Legal Copy Co. Says Continuant Ignored Bills After $20M Win

    Continuant Inc.’s win over Avaya Inc. in an anti-competition suit came at the expense of a New Jersey litigation copying company, according to a federal lawsuit the company filed Wednesday claiming the information technology support company stopped paying invoices and still owes hundreds of thousands under a contract.

  • July 31, 2014

    Wind Co. Antitrust Claims Not 'Feeble,' 7th Circ. Says

    An attempt by a company that maintains wind turbines to undermine its own antitrust allegations in order to claim an Illinois federal court lacked jurisdiction over it has failed with the Seventh Circuit's finding that the lower court rightly dismissed the underlying case and denied leave to add new claims.

  • July 31, 2014

    Indian Harbor Can't Shield Reserve Info In Coverage Battle

    A California judge on Wednesday ordered Indian Harbor Insurance Co. to produce documents detailing its calculation of reserves for whistleblower litigation accusing mobile diagnostic imaging providers of a kickback scheme and of submitting false claims to Medicare.

  • July 31, 2014

    Ex-Auto Parts Exec Cops To Price-Fixing, Gets 13 Months

    A Japanese auto parts manufacturing executive pled guilty and was sentenced to 13 months in a U.S. prison on Thursday for participating in a global conspiracy to rig bids and fix prices for anti-lock brake system parts, the U.S. Department of Justice said.

  • July 31, 2014

    1st Circ. Grills Attys On Nexium Pay-For-Delay Class Cert.

    A First Circuit panel voiced skepticism Thursday of AstraZeneca PLC's claim that a pay-for-delay case couldn't be certified as a class action if the class included any uninjured buyers, but the judges also repeatedly questioned how the plaintiffs planned to ensure that only the injured get damages.

  • July 31, 2014

    FTC Tells High Court Dental Board Lacks Antitrust Immunity

    The Federal Trade Commission on Wednesday urged the U.S. Supreme Court to uphold a Fourth Circuit finding that the North Carolina State Board of Dental Examiners is not exempt from federal antitrust scrutiny because it consists of private practitioners who are not under active state supervision.

Expert Analysis

  • Patent Validity And Scope Can Be Litigated In Antitrust Suits

    Kenneth R. O’Rourke

    Litigating patent validity and scope in antitrust suits is not the Herculean task some have made it out to be. Actavis does not mandate that we ignore patent issues — to the contrary, it requires that we confront them, say members of O’Melveny & Myers LLP.

  • FCPA Diligence In Infrastructure Transactions

    Richard G. Madris

    U.S. companies and investors engaged in infrastructure and energy transactions worldwide must note that an acquirer can be held liable for the Foreign Corrupt Practices Act violations committed by a target company — even if those violations took place prior to the acquirer obtaining control over the company, say attorneys with Stroock & Stroock & Lavan LLP.

  • OPINION: Lawyers Should Think In Terms Of Big Data

    James H. Wendell

    The vast majority of civil cases in the United States settle before trial. Knowing how many on a particular topic were filed, how many settled, when they settled, and on what terms clearly would be useful to a lawyer advising a client. Big Data could make it possible — yet this type of research is generally ignored by lawyers, says James Wendell of Riddell Williams PS.

  • The Caremark Standard At Issue In Wal-Mart Bribery Case

    Celia Taylor

    The Delaware Supreme Court could use the ongoing Indiana Electrical Workers Pension Trust Fund IBEW v. Wal-Mart Stores case — related to alleged bribery by Wal-Mart's Mexican affiliate — as an opportunity to revisit and clarify the Caremark standard of corporate board obligations, says Celia Taylor of Sturm College of Law at the University of Denver.

  • Different Health Care M&A Get Same Rigorous FTC Scrutiny

    Michael W. King

    When considering health care M&A deals, note that the Federal Trade Commission has not ruled out challenging vertical health care mergers despite its indication that horizontal mergers pose a greater anti-competitive risk, say attorneys at Brownstein Hyatt Farber Schreck LLP.

  • EU Fires Warning Shot Against Gun-Jumping In M&A

    Sebastian Jungermann

    The European Commission recently imposed a $26.9 million file on Marine Harvest ASA for acquiring its rival Morpol ASA without receiving prior authorization under the EU Merger Regulation, once again highlighting the EC’s determined efforts to significantly fine companies that do not comply with the standstill obligation of the EU competition merger rules, say Sebastian Jungermann and Jens Steger of Kaye Scholer LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • An FTC Reminder On Communicating With Competitors

    Scott Perlman

    The Federal Trade Commission's recent settlement with two leading online barcode resellers over violations of Section 5 of the FTC Act provides a warning that even when the FTC cannot prove an agreement to fix prices or allocate customers it still may seek relief, say Scott Perlman and Matthew Tabas of Mayer Brown LLP.

  • UK Bribery Act Turns 3 — Not A Time For Complacency

    Raymond Sweigart

    Despite the announcements and commentary that the U.K. Bribery Act of 2010 heralded a new and aggressive face toward corporate corruption, there have as yet been no corporate prosecutions brought under the act. But it would be perilous in the extreme to think it is business as usual when it comes to prosecuting corruption, says Raymond Sweigart of Pillsbury Winthrop Shaw Pittman LLP.