Competition

  • September 17, 2014

    Comcast-TWC Deal May Hurt Content Provider Access: AAI

    The American Antitrust Institute told the U.S. Department of Justice on Tuesday that Comcast Corp.'s proposed $45 billion merger with Time Warner Cable Inc. could harm access and competition from content providers such as Netflix Inc., urging the agency to block the deal.

  • September 17, 2014

    House Panel OKs Trade Secret Bill, Disputed Seizure Rules

    The U.S. House Judiciary Committee gave the green light Wednesday to legislation that would create a federal private right of action for trade secrets theft, but not before Democrats protested ex parte seizure provisions that critics fear could be used for anti-competitive purposes.

  • September 17, 2014

    Ex-MySpace Owner Accuses Google, News Corp. Of Collusion

    A former MySpace.com owner on Tuesday accused News Corp., which bought the social network for $580 million, Google Inc. and Ask.com’s owner of colluding to keep MySpace’s price down before the sale, claiming in a proposed class action that MySpace should have been worth $32 billion.

  • September 17, 2014

    Family Dollar Snubs 'Meaningless' $9.1B Dollar General Bid

    Family Dollar Stores Inc. on Wednesday spurned a sweetened $9.1 billion tender offer from rival Dollar General Corp., telling its shareholders the deal proposal was “meaningless” because it wouldn't clear an antitrust review.

  • September 16, 2014

    NY Antitrust Suit Tests Key Tactic Of Brand-Name Drugmakers

    New York’s lawsuit this week accusing Actavis PLC and Forest Laboratories LLC of discontinuing a popular dementia drug’s original version in order to switch patients to a newer version with extended patent protection will be a major test of whether that strategy of "product hopping” is anti-competitive, attorneys say.

  • September 16, 2014

    Judge Nixes 'Patent Troll' MPHJ's Suit To Block FTC Inquiry

    A Texas federal judge on Tuesday tossed so-called patent troll MPHJ Technology Investments LLC's suit alleging the Federal Trade Commission's investigation into its allegedly deceptive demand letters is unconstitutional, ruling that the company can't sue over an incomplete investigation.

  • September 16, 2014

    DLA Piper Snags Ex-Kirkland & Ellis Atty For NYC Practice

    DLA Piper has announced that it added a former Kirkland & Ellis partner with experience in complex commercial disputes and corporate fraud, including the False Claims Act and the Foreign Corrupt Practices Act, to bolster its litigation practice in New York.

  • September 16, 2014

    Kaplan, Pomerantz Among Firms Sought To Lead Libor Cases

    Four putative classes of lenders, students, homeowners and mortgage holders accusing a slew of major banks in multidistrict litigation of rigging the London Interbank Offered Rate each urged a New York federal judge on Monday to appoint firms such as Pomerantz LLP and Kaplan Fox & Kilsheimer LLP as class counsel.

  • September 16, 2014

    FTC's Ohlhausen Troubled By China's Antitrust Law

    The Federal Trade Commission's Maureen Ohlhausen said Tuesday she was worried for the future of antitrust law in China, amid the country's apparent break with international standards by factoring noncompetition concerns into merger reviews and using antitrust to undermine the value of intellectual property.

  • September 16, 2014

    Beer Merger May Escape Antitrust Worries With Miller Sale

    If Anheuser-Busch InBev SA can make good on its rumored $120 billion bid for rival brewer SABMiller PLC, the megamerger would likely survive antitrust scrutiny and give the Belgian giant a significant foothold in many emerging markets — as long as it's willing to sell all of Miller's U.S. assets, experts say.

  • September 16, 2014

    DOJ, FTC Ink Deal With Colombian Antitrust Watchdog

    Antitrust watchdogs in the U.S. and Colombia have entered into a new cooperation agreement, enabling the agencies to expand their law enforcement relationship through information sharing and coordinated actions, the U.S. Department of Justice announced Tuesday.

  • September 16, 2014

    Ex-Mayer Brown CIO Should Get Prison Time, Prosecutors Say

    United States prosecutors argued on Monday that a former Mayer Brown LLP chief information officer who pled guilty to taking part in a $4.8 million billing and kickback scheme that victimized his old employer should receive time in prison, saying probation wouldn’t be sufficient.

  • September 16, 2014

    Music Licensing Co. To Settle TV Stations' Antitrust Suit

    Performing rights organization SESAC LLC has agreed to settle a proposed antitrust class action brought by a group of local TV stations over its licensing practices and alleged monopolization of the market for certain song rights, according to a letter filed in New York federal court Monday.

  • September 16, 2014

    Chiquita Floats Concessions To Fyffes Inversion Deal

    Chiquita Brands International Inc. said Tuesday it could make concessions to win regulatory approval for its planned $526 million tie-up with Ireland's Fyffes PLC, putting the spotlight back on the proposed inversion deal days after Chiquita agreed to consider a heftier rival offer.

  • September 15, 2014

    Judge Koh Urged To Take On DreamWorks Anti-Poaching Suit

    An ex-Sony Pictures Animation technical director asked a California federal judge on Monday to relate with the massive Google Inc. antitrust action she is overseeing, his proposed class action accusing DreamWorks Animation SKG Inc., The Walt Disney Co. and others of conspiring to not poach each other’s animators.

  • September 15, 2014

    NY AG Attacks Actavis' Plan To Force New Drug On Patients

    The New York attorney general hit Actavis PLC with an antitrust suit in New York federal court Monday to stop the pharmaceutical company from halting sales of its widely used dementia drug Namenda and forcing patients to switch medications all in an effort to eliminate competition.

  • September 15, 2014

    FCC Gets More Than 3M Net Neutrality Comments

    The Federal Communications Commission has received more than 3 million comments from companies, consumers, advocacy groups and others on its proposed new rules guiding how Internet traffic may be managed, setting an agency record, it said on Monday.

  • September 15, 2014

    Aetna Can't Close Book On Underpayment Saga, Class Says

    Aetna Inc. caught flak for its bid to dismiss the latest complaint filed in long-running antitrust and racketeering multidistrict litigation against the insurer for allegedly underpaying insurance claims, with a putative class arguing Friday that the new complaint is a necessary update and strengthens their claims in the seven-year battle.

  • September 15, 2014

    Ameritox's Drug-Test Cup Injunction Bid Falls Short

    A Florida federal judge ruled Monday that she had no authority under the Stark Law or the Anti-Kickback Statute to issue a permanent injunction preventing Millennium Laboratories Inc. from giving doctors free drug-test cups, a practice for which it was hit with a $15 million jury verdict last June.

  • September 15, 2014

    Teva, AstraZeneca Want Expert Nixed From Nexium Trial

    Drugmakers Teva Pharmaceutical Industries Ltd. and AstraZeneca PLC on Friday asked a Massachusetts federal judge to bar a pharmaceutical expert from testifying at an upcoming pay-for-delay antitrust class action trial over Nexium, saying the witness' calculation of reasonable royalty rates was unreliable.

Expert Analysis

  • What FTC Is Saying In 1st Post-Actavis Pay-For-Delay Case

    Steven Sunshine

    The Federal Trade Commission’s complaint in FTC v. AbbVie Inc. marks a key development because it is the first FTC reverse-payment case to be filed in the wake of Actavis. It also represents a departure from the FTC’s approach in these cases in that it alleges that the underlying patent infringement litigation was baseless and motivated by anti-competitive purposes, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Can EU States Do Whatever They Want To Foreign Takeovers?

    Stephen C. Mavroghenis

    The European Union competition commissioner recently cited French initiatives to block the GE-Alstom deal as an example of “worrying signals of protectionist threats.” France is not, however, to be singled out as EU member states have sought to protect their national champions for decades, relying on, among others, an EU merger provision, say attorneys with Shearman & Sterling LLP.

  • Best Business Planning Practices For Lawyers

    Jenn Topper

    Each lawyer's practice is a self-run business, even within the platform of a firm, and yet the level of entrepreneurialism within the practice of law is oftentimes marginalized, says legal industry business development specialist Jenn Topper.

  • 2nd Circ. Ruling May Spark More Lanham Act Cases

    Harold P. Weinberger

    The Second Circuit's decision in Merck Eprova AG v. Gnosis SPA may ease some plaintiffs’ evidentiary burdens with respect to proving liability and recovering damages and auger an increase in Lanham Act false advertising suits, say attorneys at Kramer Levin Naftalis & Frankel LLP.

  • Not All Antitrust Auto Parts Cases Are 'Auto Parts Cases'

    Steven Cernak

    Recent competition law actions by Chinese and Indian authorities involving auto parts are not additional steps in the long-running multinational auto parts investigations. These new actions illustrate both the workings of the replacement parts industry as well as some differences in enforcement priorities between these authorities and their U.S. counterparts, says Steven Cernak of Schiff Hardin LLP.

  • A Very Different EU State Aid Landscape

    Julian Ellison

    The EU's new state aid regime will serve business well when it comes to notifications and clearances — there is improved guidance and a great deal more aid will enjoy an automatic clearance — but will serve it poorly where there is a need to object to an award of aid and bring a complaint, says Julian Ellison of Mayer Brown LLP.

  • Less Than Meets The Eye: Amicus Briefs In St. Luke’s

    David Balto

    An analysis of the amicus briefs in the Federal Trade Commission’s challenge to the St. Luke’s Health System merger, currently before the Ninth Circuit, suggests why those who care about health care reform should be very concerned that the FTC’s action and the district court’s decision have set us off on an unwise course, says David Balto, former policy director of the FTC's Bureau of Competition.

  • There’s No Price-Fixing Among Class Action Plaintiffs Firms

    Daniel Small

    Over the past few months, a very capable defense lawyer has published two Law360 guest columns arguing that firms seeking to represent class plaintiffs are engaged in “naked price-fixing” of their attorneys’ fees. This creative argument is wrong as a matter of law and fact, say Daniel Small and Jeffrey Dubner of Cohen Milstein Sellers & Toll PLLC.

  • What O’Bannon Means For NCAA's Next Round Of Litigation

    Richard Hagstrom

    As important as the California federal court's recent ruling in O’Bannon v. National Collegiate Athletic Association is, the immediate relief it provides is not as significant as the groundwork it lays for future challenges against the NCAA — including one that may permanently change our view of the NCAA and the amateur athlete, say Richard Hagstrom and Shawn Stuckey of Zelle Hofmann Voelbel & Mason LLP.

  • Amazon — The 1st Illegal Monopsony?

    Hollis Salzman

    It’s no secret that publishers deem Amazon.com Inc.’s discounting practices and bullying tactics a violation of antitrust laws. Recent debate, however, has focused on whether U.S. regulators tend to agree, say Hollis Salzman and Meegan Hollywood of Robins Kaplan Miller & Ciresi LLP.