Competition RSS

  • April 14, 2014

    E-Book Compliance Monitor Says Apple Starting To Play Ball

    The Goodwin Procter LLP partner assigned as the independent monitor to oversee Apple Inc.’s antitrust compliance following a ruling that the tech giant helped fix e-book prices filed his first report in New York federal court Monday, saying their embattled relationship has “significantly improved.”

  • April 14, 2014

    Millennium Gets Claims Cut From Ameritox False Ad Suit

    A Florida district judge on Monday largely denied competing motions for summary judgment by Ameritox Ltd. and Millennium Laboratories Inc. in their suit over false advertising and unfair competition in the drug-testing market, although Millennium dodged an allegation that it misrepresented the legality of providing free drug-testing cups to doctors.

  • April 14, 2014

    Bon Secours Dodges FCA Kickback Suit Over Referrals

    A Virginia federal judge on Monday threw out a relator’s multimillion-dollar lawsuit alleging Bon Secours Health System Inc. participated in a kickback scheme involving referrals of expensive diagnostic imaging and other lab services, saying the record doesn’t show the defendants necessarily submitted false claims.

  • April 14, 2014

    FTC Orders Akorn To Sell Drug Lines For $640M Merger

    The Federal Trade Commission on Monday approved Akorn Inc.'s $640 million acquisition of Long Island, N.Y.-based Hi-Tech Pharmacal Co. Inc. on the condition that the pharmaceutical companies sell five generic prescription drug lines to an Actavis PLC unit.

  • April 14, 2014

    Ex-Calif. City Official Gets Prison Time For Tax Fraud

    The former city administrator for the city of Bell, Calif., who pled guilty to conspiracy and tax charges in connection with a pay scandal that took down the city’s highest officials, was sentenced Monday to just under three years in prison.

  • April 14, 2014

    Bayer Escapes Bulk Of Trasylol Off-Label Marketing Suit

    A New Jersey federal judge on Friday cut down a long-running employee whistleblower suit accusing Bayer Corp. of fleecing government health programs by pushing off-label uses of heart-surgery drug Trasylol and breaching anti-kickback law, ruling that violations of federal misbranding law alone are insufficient to trigger False Claims Act liability.

  • April 14, 2014

    Orrick Must Produce Docs In Potato Price-Fixing Suit

    An Idaho federal judge on Friday ordered Orrick Herrington & Sutcliffe LLP and other counsel for potato growers and cooperatives accused of scheming to fix and inflate potato prices to produce certain documents related to their defenses, finding that the defendants waived attorney-client privilege as to those documents.

  • April 14, 2014

    NY Broker-Dealer Execs Charged In $60M Bribery Scheme

    Two former Direct Access Partners LLC executives were indicted Monday and pled not guilty to participating in a $60 million bribery and kickback scheme between the New York broker-dealer and a Venezuelan state-owned bank.

  • April 14, 2014

    UK Appeals Court Backs Akzo-Metlac Merger Ban

    An appeals court ruled Monday that the U.K.'s competition watchdog has the authority to block Akzo Nobel NV's takeover of rival Metlac Holding Srl because the Dutch chemical company carries out business in the U.K.

  • April 14, 2014

    Rising Star: Gibson Dunn's Adam Di Vincenzo

    When the Federal Trade Commission challenged Pinnacle Entertainment Inc.'s $2.8 billion bid for rival casino operator Ameristar Casinos Inc. three months before the deal's drop-dead date, Gibson Dunn's Adam Di Vincenzo helped Ameristar craft a settlement to keep the transaction from falling apart, landing him a spot on Law360's list of top five young competition attorneys.

  • April 14, 2014

    Apple Asks E-Book Judge To Let Its Experts Testify

    Apple Inc. urged a New York district court Friday to reconsider blocking two of its experts from testifying at an upcoming damages trial in the e-books price-fixing multidistrict litigation, saying the judge didn't take a sufficiently in-depth look at their testimony.

  • April 14, 2014

    QBE Spars With Insurers Over Discovery For Kickback Row

    QBE Holdings Inc. told a New York court Friday that two American International Group Inc. affiliates were merely creating a “sideshow” by seeking discovery in a coverage battle over claims that the force-placed insurance giant paid improper kickbacks to banks.

  • April 11, 2014

    NCAA Player Antitrust Class Action Set For June Trial

    A California federal judge on Friday declined to dismiss student athletes’ class action claims that the National Collegiate Athletic Association violated antitrust laws by not paying players for the use of their names and likenesses, ruling that free speech rights did not bar the claims.

  • April 11, 2014

    Rising Star: Crowell's David Cross

    Crowell & Moring LLP’s partner David Cross played a leading role in securing dismissal of Kolon Industries Inc.’s antitrust claims against  E.I. DuPont De Nemours and Co. over synthetic fiber used in body armor, earning him a spot on Law360’s list of top competition lawyers under 40.

  • April 11, 2014

    Microsoft Hit With Investor Suit Over $731M EU Fine

    A Microsoft Corp. stockholder filed a shareholder derivative suit against the software giant Friday in Washington federal court, alleging it breached its fiduciary duty by willfully violating a European Union antitrust settlement agreement and incurring a $731 million fine.

  • April 11, 2014

    Antitrust Claims Tossed From AXA Broker Contract Row

    A New York federal judge on Thursday nixed the antitrust claims in a lawsuit brought by a former employee against insurance company AXA Advisors LLC, saying the insurance agent failed to prove the company’s broker-dealer agreement had anti-competitive effects on the insurance broker labor market.

  • April 11, 2014

    Barclays Inks 2nd Libor Settlement In UK Case

    Barclays PLC said Friday that it had settled U.K. litigation with a Portuguese construction firm reportedly accusing the banking giant of wrongly selling financial products tied to the London Interbank Offered Rate benchmark, the second such suit Barclays has resolved in the past week.

  • April 11, 2014

    Winston & Strawn Bolsters Asia Presence With Taipei Office

    Winston & Strawn LLP has opened an office in Taipei in an effort to strengthen its intellectual property, international trade and antitrust capabilities in Asia, the firm announced Thursday.

  • April 11, 2014

    $29B Applied-Tokyo Electron Deal To Get 2nd Look By JFTC

    The Japan Fair Trade Commission said Friday that it will take a closer look at the proposed $29 billion merger of Applied Materials Inc. and Tokyo Electron Ltd., a stock swap transaction that would create a new global electronics giant.

  • April 11, 2014

    Telefonica Offers EU Antitrust Fixes On $11.9B E-Plus Buy

    Telefonica SA on Thursday offered the European Commission antitrust fixes for its proposed €8.55 billion ($11.87 billion) acquisition of German mobile carrier E-Plus after the watchdog had worried that the deal would harm competition.

Expert Analysis

  • A New Test For False Ad Standing Under Lanham Act

    Peter Brody

    The U.S. Supreme Court's recent ruling in Lexmark International Inc. v. Static Control Components Inc. likely will lead to an increase in false advertising litigation in jurisdictions that had followed a categorical test for standing, had emphasized the damages considerations when applying the "AGC" factors or had limited false advertising claims based on "prudence," say Peter Brody and Jennifer Kwon of Ropes & Gray LLP.

  • Canadian Antitrust Class Actions — A Business Opportunity

    Ryan Marth

    Many U.S. companies with operations north of the border have not recognized the advantages of participating in Canadian antitrust class actions. With the right investment and awareness of the differences between antitrust law and procedural regimes in the two countries, this opportunity may give rise to substantial revenues, say Reidar Mogerman and Jen Winstanley of Camp Fiorante Matthews Mogerman and Ryan Marth of Robins Kaplan Miller & Ciresi LLP.

  • Pros And Cons Of Trial Presentation Software Programs

    David Russell

    The last thing lawyers want to worry about is fumbling with trial exhibits once they get to the courtroom. Luckily, there are a wide variety of options for using technology to facilitate trial presentation. Each has benefits and drawbacks, but the most important thing is finding software that the trial lawyer is comfortable and confident running, say David Russell and Jeffrey Atteberry of Jenner & Block LLP.

  • 6 Tips For Addressing Cy Pres Awards In Class Actions

    Latonia Haney Keith

    The most common and preferred way to address settlement funds that cannot be distributed to class members is a cy pres award of the residual funds to charities or other nonprofit organizations. But cy pres awards are attracting increased objections and are sometimes overturned on appeal. Adhere to six simple rules to avoid or defeat such objections to your settlement, say Latonia Haney Keith and Wilber Boies of McDermott Will & Emery LLP.

  • Emerging Anti-Corruption Efforts In Asia

    Charles Duross

    Companies operating in Asian countries traditionally considered lax in their anti-corruption enforcement should be aware of the growing chances of becoming the target of an enforcement investigation. With increasing enforcement of (and pressure to enforce) anti-corruption laws and multinational cooperation around anti-corruption issues, this region will continue to be an interesting one to watch this year, say attorneys with Morrison & Foerster LLP.

  • Strategies For Protecting Market Share: Part 3

    Jeffrey Gould

    Knowledge of two U.S. Supreme Court decisions that clarified and expanded the Noerr-Pennington doctrine to address whether a petitioner’s conduct is valid and protected, and defined what is sham litigation that aims solely to delay projects, will help business leaders use highly effective and legally permissible strategies to protect market share and spot when they are being used against them, says Jeffrey Gould, general counsel of The Saint Consulting Group.

  • 10 Things To Know About Pipeline Financing

    Charles Whitney

    Because pipeline projects present challenges few other assets have, their commercial and legal risks may require greater scrutiny from stakeholders. We discuss 10 issues, such as corporate structures, cross-border aspects and antitrust issues, facing countries, financiers and energy companies involved in pipeline projects, says Charles Whitney of Norton Rose Fulbright.

  • 7th Circ. FTAIA Ruling Profoundly Limits Antitrust Claims

    Ian Simmons

    The Seventh Circuit recently issued a major ruling narrowing the reach of U.S. antitrust laws where the alleged anti-competitive conduct occurs overseas. The Motorola Mobility LLC v. AU Optronics Corp. opinion narrowly construed a provision of the Foreign Trade Antitrust Improvements Act in a way that may dramatically limit future antitrust claims by plaintiffs in the U.S., say attorneys with O’Melveny & Myers LLP.

  • Marubeni Bribery Case Highlights 7 Growing FCPA Trends

    Greg Andres

    The U.S. Department of Justice recently announced that Marubeni Corp. entered a guilty plea and will pay a criminal fine of $88 million in connection with violations of the Foreign Corrupt Practices Act. This is one of multiple FCPA-based resolutions announced by a Japanese company in the last three years alone, and continues several recent trends in FCPA enforcement, say attorneys with Davis Polk & Wardwell LLP.

  • As E-Discovery Goes Global, Japan And South Korea Catch Up

    David Sannar

    More and more countries are beginning to adopt rules and procedures governing e-discovery. Nowhere is this more evident than in the Asia-Pacific region, which is seeing a relatively rapid rise in the use of e-discovery. In South Korea and Japan, in particular, e-discovery is becoming more common and better understood, says David Sannar of Catalyst Repository Systems.