Competition

  • October 21, 2014

    Four Convicted In $158M Houston Hospital Medicare Scam

    A Texas federal jury on Monday convicted four people in connection with a $158 million Riverside General Hospital Medicare scam, in which administrators allegedly made false claims for mental health treatment in order to pay kickbacks and bribes, according to the U.S. Department of Justice.

  • October 21, 2014

    KBR, Whistleblower Trade Blows Over Privileged Docs

    KBR Inc. and a whistleblower who has accused it of defrauding the Pentagon through Iraq War subcontract overbilling and a kickback scheme continued a long-running battle over production of purportedly privileged documents, lodging competing filings in D.C. federal court Monday over the requested production.

  • October 21, 2014

    Honeywell, DuPont Coolant Pact May Violate Antitrust Law: EU

    The European Commission announced Tuesday that it believes Honeywell International Inc. and E.I. DuPont de Nemours and Co. may have violated antitrust rules by allegedly limiting the production and development of a new environmentally friendly refrigerant used in car air-conditioning systems.

  • October 21, 2014

    Special Master To Helm Walgreen Fee Fight In Pfizer MDL

    A New Jersey federal judge overseeing multidistrict litigation over whether Pfizer Inc. conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses on Monday appointed a special master to handle a dispute over attorneys' fees between opt-out plaintiff Walgreen Co. and class counsel.

  • October 21, 2014

    JPMorgan, UBS, Credit Suisse Pay €94M Over Rate-Rigging

    The European Commission announced €94 million ($119.6 million) in settlements against J.P. Morgan, UBS, and Credit Suisse on Tuesday in connection with cartels that fixed the price of the Swiss franc-denominated Libor and certain Swiss franc interest-rate derivatives near the peak of the financial crisis.

  • October 21, 2014

    Slot Machine Maker Can't Shut Down Former GC's Rival Co.

    A New Jersey federal judge refused Monday to grant a preliminary injunction to a slot machine maker alleging its former in-house counsel defected with its trade secrets to start his own company, saying it waited too long to request relief.

  • October 20, 2014

    Forex Rigging Fines Could Reach $40B, Citigroup Says

     A number of the world’s largest banks could have to pony up as much as $40 billion in combined fines to settle the alleged rigging of foreign currency exchange markets, with Deutsche Bank AG and Barclays PLC set to owe the most, according to a Monday report released by Citigroup Inc.

  • October 21, 2014

    CORRECTED: OneBeacon Hit With $34M Verdict Over Dish Malpractice Case

    A Texas federal jury on Friday issued a $34 million verdict in favor of law firm T. Wade Welch & Associates to conclude a trial over whether OneBeacon Insurance Group Ltd. had to indemnify the firm against malpractice claims that its former client Dish Network Corp. brought after being sanctioned in antitrust litigation. Correction: An earlier version of the story incorrectly reported the amount of the verdict. The error has been corrected.

  • October 20, 2014

    Firsthand Knowledge Needed To Clear FCA Bar, 3rd Circ. Rules

    The Third Circuit on Monday upheld the dismissal of a former Medco Health Solutions Inc. executive's False Claims Act kickback suit against Bristol-Myers Squibb Co. and AstraZeneca Pharmaceuticals LP, saying that firsthand knowledge of improper activity is necessary to overcome the FCA's public disclosure bar.

  • October 20, 2014

    Attys Seek OK For Fee Deal In Apple E-Books Antitrust Case

    Attorneys representing Apple Inc. e-book consumers on Friday sought a New York federal judge's approval of a uniquely structured fee award that could net plaintiffs firms as much as $30 million, arguing the payout is warranted because Apple fought counsel aggressively at each step of the antitrust litigation.

  • October 20, 2014

    Sen. Leahy Asks Comcast To Promise No Fast Lanes

    With Comcast Corp. waiting for approval of its proposed $45 million mega-merger with Time Warner Cable Inc., Senate Finance Committee head Sen. Patrick Leahy, D-Vt., is calling on the cable giant to promise that it will not create “fast lanes” on its network.

  • October 20, 2014

    Ask.com Slapped With Anti-Poach Suit Over Deal With Google

    Ask.com on Friday became the latest Silicon Valley tech company to be sued over allegations that it had colluded with Google Inc. and others to keep down salaries by agreeing not to poach each other's directors, according to a proposed California federal antitrust class action.

  • October 20, 2014

    Dr. Reddy's Settles On Eve Of Nexium Pay-For-Delay Trial

    Dr. Reddy's Laboratories Ltd. agreed Sunday to help drug buyers make their pay-for-delay case against AstraZeneca PLC and two generic-drug makers as part of a settlement inked on the eve of trial in the antitrust class action.

  • October 20, 2014

    Supreme Court Won't Hear CCI Exec's FCPA Reach Fight

    The U.S. Supreme Court on Monday declined to address whether a former president of Control Components Inc.’s South Korean office can be declared a fugitive even though he is a foreign national who never fled American authorities in the face of Foreign Corrupt Practices Act charges.

  • October 20, 2014

    Quinn Emanuel Lands Hausfeld Competition Ace In London

    Quinn Emanuel Urquhart & Sullivan LLP has bolstered its London office by snagging a competition partner from specialist claimant competition litigation firm Hausfeld LLP, the firm announced.

  • October 20, 2014

    GM Can Join $16M Settlement Class In Steel Price-Fix Suit

    An Illinois federal judge has allowed General Motors LLC to join three settlement classes in a consolidated class action against eight steelmakers accused of scheming to inflate prices, allowing GM to withdraw its previous exclusion request.

  • October 17, 2014

    Canadian High Court Clears Way For Wiretap Disclosures

    Canada's highest court ruled Friday that consumers pursuing a class action against several gas station operators could get access to wiretaps made of the alleged conspirators during the government's criminal probe of the plot.

  • October 17, 2014

    Alioto Fee Fight Won't Delay $1.1B LCD Deal, Judge Says

    A California federal judge on Friday refused to halt the $1.1 billion settlement in a multidistrict litigation over price-fixing on liquid crystal displays while lender LFG National Capital LLC awaits final judgment in a separate suit seeking a $31.1 million loan repayment from the plaintiffs' attorney.

  • October 17, 2014

    Sidley Beats Subpoena Bid In PetroTiger CEO's Bribery Case

    A New Jersey federal judge on Friday freed Sidley Austin LLP from a subpoena seeking documents related to its probe of PetroTiger Ltd. following its former CEO's indictment for allegedly conspiring to bribe Colombian officials to secure a $39 million contract.

  • October 17, 2014

    Kickbacks Sink Contractor Bid For $3M In Costs, ASBCA Says

    The Armed Services Board of Contract Appeals recently dismissed an Iraq war contractor's claim for $2.9 million in costs, finding that the presence of kickbacks in some areas of a contract meant that the government doesn't have to pay any of the disputed claims.

Expert Analysis

  • GSK Bribery Conviction Signals Increased Risks In China

    Jay Pomerantz

    China’s anti-corruption efforts have historically focused on the Chinese government officials who solicit or receive bribes, but GlaxoSmithKline PLC's recent bribery conviction demonstrates that companies doing business in China must be mindful of China’s own anti-corruption laws in addition to the Foreign Corrupt Practices Act, say Jay Pomerantz and Catherine Kevane of Fenwick & West LLP.

  • DOJ Puts Cybersecurity Info-Sharing Policy Into Practice

    Anne Rodgers

    In response to a business review request, the U.S. Department of Justice recently announced that it will not challenge a proposed cyberintelligence data-sharing platform. The analysis offers further guidance into the DOJ’s future enforcement of the antitrust laws in the cyber information-sharing arena. And it could not be more timely, say attorneys with Norton Rose Fulbright.

  • Promotional Allowances In A New Retail Environment

    James Fishkin

    The Federal Trade Commission's recently revised "Guides for Advertising Allowances and Other Merchandising Payments and Services" reflect the growing importance of the Internet and online commerce, recognizing explicitly that online retailers can and often do compete with brick-and-mortar retailers, say James Fishkin and Irene Ayzenberg-Lyman of Dechert LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • High Court Continues To Examine State Action Immunity

    Dionne Lomax

    The U.S. Supreme Court recently heard oral arguments in North Carolina State Board of Dental Examiners v. Federal Trade Commission — the second time in two years that the court has considered the state action doctrine. The decision could have broad implications for the structure and operation of state professional review boards and associations, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • An Offensive Use Of The FCPA?

    Kedar Bhatia

    With recent examples in mind, there is no clear indication that offensive use of the Foreign Corrupt Practices Act is actually a new frontier as opposed to another somewhat underhanded effort at securing a competitive advantage, say Kedar Bhatia and Shamoil Shipchandler of Bracewell & Giuliani LLP.

  • Takeaways From Appeal Of UK Hotel Bookings Settlement

    Stephen Mavroghenis

    The U.K. Competition Appeal Tribunal recently quashed the Office of Fair Trading's decision to close its investigation into pricing arrangements entered into by Booking.com BV, Expedia Inc. and InterContinental Hotels Group PLC, which will encourage companies to closely monitor commitment negotiations in their industry and to raise objections if they fear their business may be affected, say attorneys with Shearman & Sterling LLP.

  • A Convergence Of Antitrust, Anti-Graft Enforcement In China

    Kareena Teh

    In their efforts to combat unfair competition, Chinese authorities have used both antitrust and anti-corruption laws, targeted specific industries, conducted swift investigations, executed dawn raids to obtain evidence, and shared information among different departments. It is highly likely that this will continue for the foreseeable future, impacting the operations of many multinationals, say Kareena Teh and Fabian Roday of Dechert LLP.

  • Information Governance: A Missed Opportunity For Lawyers

    Ann Snyder

    Today, information intersects every practice area, making all lawyers effectively information governance practitioners in one way or another. The issue is whether you will consciously embrace this emerging discipline — and capitalize on it to the benefit of your clients and your practice, says Ann Snyder of the Information Governance Initiative.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.