Competition

  • August 31, 2016

    Feds, NC Defend Carolinas HealthCare Patient-Steering Suit

    The United States and North Carolina on Wednesday defended their federal antitrust lawsuit against Carolinas HealthCare System, arguing the hospital’s agreements with insurers preventing the insurers from steering patients to lower-cost hospitals “effectively shields” it “from having to compete on price and quality with its rivals.”

  • August 31, 2016

    Louis Berger Settles Suit With Former Exec Over Bribery

    The Louis Berger Group Inc. has reached a settlement in one of the two lawsuits the company filed in New Jersey state court against former executives over their bribery of foreign officials, criminal activity that ultimately led the business to pay a $17.1 million penalty.

  • August 31, 2016

    Sears, Kmart Assert Right To Jury In CRT Antitrust Case

    Sears and Kmart on Tuesday told a California federal court that they have a right to a jury trial over allegations that manufacturers rigged cathode ray tube prices and that granting a request by LG Electronics Inc. for a bench trial to decide antitrust standing in the case would be unconstitutional.

  • August 31, 2016

    FTC Greenlights $300M Honeywell Contracting Unit Deal

    The Federal Trade Commission gave KBR Inc. the go-ahead Tuesday to purchase Honeywell Inc.’s government contracts service unit, setting the stage for KBR to complete the recently unveiled $300 million acquisition.

  • August 31, 2016

    Ex-Sen. Levin Slams IRS Over Apple's $14.5B Irish Tax Bill

    Following the European Commission's finding that Apple owes €13 billion ($14.5 billion) in back taxes to Ireland, former U.S. Sen. Carl Levin denounced both Apple and the Internal Revenue Service, saying Tuesday that the revenue agency has let the software giant get away with avoiding taxes on American soil.

  • August 31, 2016

    Abbott Calls Alere’s $5.8B Merger Suit 'Publicity Stunt'

    Abbott Laboratories called Alere Inc.’s recent bid to force through the companies’ proposed $5.8 billion merger in Delaware Chancery Court a “publicity stunt” in a scathing Wednesday response to the lawsuit, telling the court that any delays to the deal’s execution have been caused by Alere.

  • August 31, 2016

    EU Accepts Fixes In Shipping Antitrust Probe

    The European Commission in a decision published Wednesday said it had accepted commitments from 15 shipping companies that offered to change the way they announce price changes following an investigation into whether they were choking competition by signaling price information to one another.

  • August 31, 2016

    DOJ Challenges Deere's Purchase Of Monsanto Planter Co.

    The U.S. Department of Justice said Wednesday it has filed a lawsuit in an Illinois federal court to block Deere & Co.'s acquisition of Monsanto Co.'s Precision Planting LLC out of concerns that the deal would harm the more than $1 billion market for high-speed precision planting systems.

  • August 30, 2016

    Celgene Battles $40B FCA Suit Over Off-Label Promos

    Celgene Corp. on Monday pressed a California federal judge to end a whistleblower’s $40 billion False Claims Act suit over off-label promotion of cancer drugs Thalomid and Revlimid, asserting that government officials knew about off-label uses and didn’t object.

  • August 30, 2016

    Apple's $14.5B Irish Tax Bill Could Be Wiped In Court

    The European Commission's conclusion that Apple owes Ireland €13 billion ($14.5 billion) in unpaid taxes since 2003 is sure to cause panic among U.S. businesses with similar transfer pricing structures in European Union countries, but experts say there are strong legal grounds to challenge the validity of Tuesday’s ruling.

  • August 30, 2016

    AstraZeneca Will Pay $5.5M To SEC Over FCPA Claims

    AstraZeneca PLC agreed Tuesday to pay $5.5 million to the U.S. Securities and Exchange Commission to settle claims it violated the Foreign Corrupt Practices Act through improper payments by overseas sales staff to state-controlled health care providers in China and Russia.

  • August 30, 2016

    Chicago Taxi Cos. Ask 7th Circ. For Injunction In Uber Fight

    A group of Chicago taxi industry stakeholders asked the Seventh Circuit on Monday for an injunction against laws that some taxi drivers assert unfairly favor Uber and other ride-hailing platforms, saying they have adequately shown they have been irreparably harmed because the drivers for the ride-hailing apps haven’t been forced to adhere to the same rules governing cabs.

  • August 30, 2016

    Panasonic Says Microsoft Wants Secret Docs For Arbitration

    Panasonic Corp. asked a California federal judge Monday to reject a bid by Microsoft’s mobile phone units to declassify several documents in a massive case over alleged price-fixing in the market for cellphone and laptop batteries, saying the U.S. tech giant secretly plans to use them in a related arbitration.

  • August 30, 2016

    Alternative Biz Data Regs Proposal Self-Serving, FCC Told

    A group of midsize incumbent local exchange carriers including CenturyLink and Frontier on Monday blasted a business data services rate regulation proposal from Verizon and trade group INCOMPAS that it assailed as self-serving rather than any kind of compromise.

  • August 30, 2016

    Calif. Bar Immune From ‘Vexatious’ Atty’s Antitrust Suit

    A Los Angeles attorney disbarred for using lawsuits to bully neighbors lost out Monday on his antitrust suit against the State Bar of California, when a federal judge agreed with the bar that all of the former attorney’s allegations are blocked under the Eleventh Amendment.

  • August 30, 2016

    Rival Horsemen's Groups Jockey For Turf In Boston Court

    Massachusetts' historically dominant association for racehorse owners and trainers is trying to use the court system to preserve its grip on the troubled horse racing industry in the commonwealth, a new rival told a federal judge Tuesday

  • August 30, 2016

    Animation Cos. Can’t Appeal Class Cert. In Wage Row

    The Ninth Circuit on Monday denied a bid by DreamWorks, Disney, Lucasfilm and Pixar to decertify a class of animation and visual effects employees who accused the studios of engaging in an anti-poaching conspiracy by secretly agreeing not to recruit one another’s workers.

  • August 30, 2016

    Digital Lock Co. Accuses Rival Of Abusing Dominance

    Digital lock maker Ojmar US LLC hit its competitor Digilock in a California federal court on Monday with a suit contending its rival used patent fraud, sham litigation and other means to stifle competition and maintain its monopoly power in violation of federal antitrust laws.

  • August 30, 2016

    FERC Backs Dismissal Of Market Manipulation Court Fight

    The Federal Energy Regulatory Commission urged a Texas federal judge Monday to stick with her ruling that the commission isn't required to pursue charges and penalties against a Total SA unit over alleged natural gas market manipulation in federal court, blasting the company's arguments that the decision was flawed.

  • August 30, 2016

    Blue Cross Says Damages Are No-Go In Antitrust MDL

    Blue Cross Blue Shield subscribers in Alabama accusing the insurer of anti-competitive behavior cannot recover the damages they seek because decades-old U.S. Supreme Court precedent bars all damages claims related to a rate that has been filed with the government, the insurer said in the multidistrict litigation Monday.

Expert Analysis

  • Reconciling The Practice With The Business Of Law

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    The tension between practicing law and managing the firm is giving way to the realization that the latter had been largely overlooked, meagerly funded, and often underappreciated, says Dr. James Bailey, a professor at George Washington University School of Business and the keynote speaker at the Legal Marketing Association Southeast conference in September.

  • A Special Master's Role In Hospital Merger Cases

    Barbara Reeves

    Three recent health care antitrust cases — Advocate, Hershey and ProMedica — presented perfect settings for a neutral special master, says Barbara Reeves, a neutral with JAMS and former chief of the U.S. Department of Justice Antitrust Division's Los Angeles office.

  • REBUTTAL: Establishing Standards And Norms In Mediation

    William A. Ruskin

    A recent Law360 guest article asks whether by signing a mediation confidentiality agreement a lawyer surrenders the power to protect his client against inappropriate mediation conduct. The short response to this concern is that parties to a mediation should refuse to execute such an agreement that removes all future recourse against the mediator, no matter how egregious the mediator’s actions, says William Ruskin of Gordon Rees Scu... (continued)

  • Board Interlocks In Antitrust Enforcement Hot Seat

    Andrea Agathoklis Murino

    Recent activity by the U.S. Department of Justice and the Federal Trade Commission make clear that enforcement of Section 8 of the Clayton Act — the prohibition against interlocks between competitors — is alive and well. Board members and officers must be on alert, say attorneys with Goodwin Procter LLP.

  • Don't 'Discount' Gov't Opinion On Anti-Kickback Exception

    Robert D. Stone

    In light of arguments from the government, a Massachusetts federal court’s willingness to reverse itself in Herman v. Coloplast underscores the potential for this case to set a dangerous precedent regarding application of the discount safe harbor and statutory exception of the Anti-Kickback Statute in the future, say Robert Stone and Tamara Tenney at Alston & Bird LLP.

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • Questioning 2nd Circ. Analysis In Aluminum Antitrust Case

    James Robertson Martin

    The Second Circuit recently held in Aluminum Warehousing that consumers that are used as tools to manipulate a defendant’s market can pursue damage claims suffered from manipulation in that market. However, the court went on to hold, consumers that suffered the consequences of a defendant’s unlawful conduct in another market cannot. This seems a bridge too far, says James Robertson Martin of Zelle LLP.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • A Facelift For IP-Licensing Antitrust Guidelines

    William R. Vigdor

    The Federal Trade Commission and the U.S. Department of Justice recently announced that they are seeking public views on a set of proposed updates to the 1995 Antitrust Guidelines for the Licensing of Intellectual Property. The proposed guidelines may be most interesting for what they do not change, say attorneys with Vinson & Elkins LLP.

  • 5 Key Takeaways From Key Energy’s FCPA Settlement

    Michael Volkov

    Key Energy had adopted a code of conduct, a Foreign Corrupt Practices Act and anti-corruption policy, and a procurement policy, but made no effort to ensure that these policies were enforced in Mexico. Companies continue to fall short on the compliance front by relying on local country managers, says Michael Volkov, a former federal prosecutor.