Competition

  • August 27, 2015

    Stations Want $3.6B Chevron, BP Collusion Suit In State Court

    Chevron USA Inc., ExxonMobil Corp., BP West Coast Products LLC and other major oil refiners should have to face a putative class action alleging they rigged fuel prices, costing California consumers at least $3.6 billion, in the Golden State, a gas station owner contended Wednesday.

  • August 27, 2015

    Bar Owner Wants NFL Sunday Ticket Antitrust MDL In Calif.

    A San Francisco sports bar asked the Judicial Panel on Multidistrict Litigation on Thursday to centralize eight proposed antitrust class actions challenging the exclusive deal behind DirecTV LLC’s “NFL Sunday Ticket” package, arguing it would be most efficient to combine the cases in California federal court.

  • August 27, 2015

    Marathon Says AG's Antitrust Suit Has 'Rhetoric' But No Teeth

    Marathon Petroleum Co. LP has moved to toss Kentucky Attorney General Jack Conway's case alleging the company violated federal antitrust laws by restricting competition throughout the state, arguing that “for all its rhetoric” the complaint “fails to allege any unlawful conduct.”

  • August 27, 2015

    Texas Judge Exits Med Center FCA Suit Over Witness

    A Texas federal judge recused himself Wednesday from a False Claims Act suit against a medical center, days after the defendants revealed his cousin could be a key witness.

  • August 26, 2015

    Study Sees Little Private Medicare Competition As Deals Loom

    As the government weighs a pair of massive health insurance mergers, a new study released Tuesday concluded there was already little competition to provide private Medicare Advantage plans across much of the country.

  • August 26, 2015

    $371M Antitrust Suit Against Time, Hearst Goes To 2nd Circ.

    Bankrupt magazine wholesaler Anderson News LLC revealed Tuesday that it will ask the Second Circuit to revive its $371 million antitrust suit against Time Inc., Hearst Communications Inc. and other magazine publishers, which was tossed after a federal court ruled the publishers didn't scheme to put Anderson out of business.

  • August 26, 2015

    Plaintiffs Decry Objections To NHL Broadcast Antitrust Deal

    Plaintiffs in a class action accusing the NHL of conspiring to inflate the price of broadcast rights for NHL games told a New York federal court on Wednesday that a small number of objectors to a proposed settlement should not deter its final approval.

  • August 26, 2015

    ASUS Antitrust Suit Sent to Arbitration

    A California federal judge Tuesday granted InterDigital Inc.'s bid to force arbitration in the case from smartphone maker ASUS Computer International accusing it of monopolizing the cellular and wireless markets by helping steer industry standards toward technology it controls and then reneging on commitments to license its patents fairly.

  • August 26, 2015

    DOD Finalizes Rule For Steel Co. Contract Competition

    The U.S. Department of Defense has developed a final rule that will enable competition between American steel manufacturers on DOD contracts, as well as new restrictions for companies in Persian Gulf countries, according to a Wednesday announcement.

  • August 26, 2015

    Court Says Olympiacos Can Play In Euro Football Tourney

    The Court of Arbitration for Sport on Tuesday said that Greek football club Olympiacos FC will be allowed to enter this year’s Union of European Football Associations’ Champions League, despite ongoing match-fixing allegations in which the club’s president is implicated.

  • August 26, 2015

    Reckitt Must Face Majority Of Mucinex Monopoly Claims

    A Pennsylvania federal judge kept intact Tuesday the majority of URL Pharma Inc.'s antitrust and contract breach suit against Reckitt Benckiser Inc. over a right to sell generic Mucinex, saying the plaintiffs sufficiently alleged Reckitt acted anticompetitively within the relative market.

  • August 26, 2015

    Ex-Telecom Heads Want Witness Nixed in FCPA Suit

    Three former executives of a Hungarian telecommunications company asked a New York federal judge in a brief unsealed Wednesday to disallow the testimony of the former head of that country’s secret service, saying procedural irregularities should make his deposition unallowable.

  • August 26, 2015

    Monsanto Halts Syngenta Pursuit After Latest Rejection

    Monsanto Co. called off its pursuit of Syngenta AG on Wednesday after the Swiss rival again snubbed a sweetened offer from the U.S. agribusiness giant, announcing plans to instead focus resources on its existing core business.

  • August 26, 2015

    Carlos Slim’s Telmex Under Probe For Dish Web Video Deal

    Mexico’s telecommunications regulator has lodged several administrative actions against the Telmex unit of Carlos Slim’s America Movil SAB de CV for allegedly breaking a concession agreement for public television services through an online venture with Dish Network Corp.’s Mexican arm, the company said Wednesday.

  • August 26, 2015

    Auto Parts Cos. To Pay $14.5M In Latest Cartel Settlements

    Fujikura Ltd. and T.Rad Co. Ltd. have agreed to collectively pay more than $14.5 million to end-payors in the sprawling multidistrict litigation against auto parts makers, bringing total recoveries for the plaintiff group to nearly $200 million.

  • August 26, 2015

    Oil Startup Dodges Investor Suit Over Drilling Woes In Africa

    A Texas federal judge on Tuesday dismissed an investor class action accusing oil and gas company Hyperdynamics Corp. of deceiving investors by issuing optimistic statements about failed offshore exploration efforts in Africa and failing to disclose a Foreign Corrupt Practices Act investigation.

  • August 26, 2015

    Corruption Still Chilling US Business In Asia, Report Finds

    A survey of U.S. companies released Wednesday revealed a cautious optimism regarding the overall business climate in Southeast Asia, but concerns about lingering corruption in the region are giving some potential investors pause.

  • August 26, 2015

    FTC Can't Go Straight To 3rd Circ. In AbbVie Antitrust Fight

    A Pennsylvania federal judge rejected the Federal Trade Commission's request Wednesday to immediately appeal the dismissal of its pay-for-delay antitrust claims against AbbVie Inc. and Teva Pharmaceuticals USA Inc. over testosterone replacement treatment AndroGel.

  • August 26, 2015

    Freezing 'Untainted' Assets Stifles Defense, High Court Told

    The American Bar Association told the U.S. Supreme Court on Tuesday that freezing “untainted” financial assets could prevent criminal defendants from hiring the counsel they want and thus threaten the whole adversarial system, backing a woman charged with $45 million in Medicare fraud.

  • August 25, 2015

    Celgene Says High Court Ruling Limits Length Of FCA Suit

    The time period allowed in a whistleblower’s False Claims Act suit against Celgene Corp. should be cut in half following the U.S. Supreme Court’s ruling that a wartime pause on the expiration of government fraud claims does not apply to civil fraud cases, the company told a California federal court Monday.

Expert Analysis

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • Revised FCPA Resource Guide Leaves Major Gaps

    Eric W. Sitarchuk

    The 2012 Foreign Corrupt Practices Act resource guide did not address the government’s view of the impact of compliance issues, and the new revised version does not address these issues. The changes are more technical than substantive but offer clarity for some accounting and criminal penalties provisions, say Eric Sitarchuk and Alison Tanchyk of Morgan Lewis & Bockius LLP.

  • The Difficulty Of Challenging FCA Fine As Excessive

    Demme Doufekias

    The Fourth Circuit's recent decision rejecting Tuomey Healthcare System Inc.'s arguments that the $237 million damages award constituted an unconstitutionally excessive fine presents a rare opportunity for potential defendants to examine the scope and breadth of the government’s power to seek significant and ever-expanding damages in FCA cases, say Demme Doufekias and Catherine Chapple of Morrison & Foerster LLP.

  • Health Insurance Merger Frenzy: Why DOJ Must Just Say 'No'

    David A. Balto

    If the Aetna-Humana and Anthem-Cigna mergers are consummated, employers, unions and health care buying groups will have less choice, and consumers will have fewer options and face higher premiums. You do not need a Ph.D. in economics to understand that the greater the number of choices in a transparent market, the more consumer sovereignty will result, say David Balto and James Kovacs of the Law Offices of David Balto.

  • US V. Blagojevich: What Happens Next?

    John F. Schomberg

    Since the Seventh Circuit vacated five of former Illinois Gov. Rod Blagojevich's conviction counts, most would argue that U.S. District Judge James Zagel would be hard-pressed to not reduce the 14-year sentence. But if Judge Zagel's statements at the original sentencing are any indicator, if we see any reduction, it is not likely to be significant, says John Schomberg, senior counsel at Clark Hill PLC and former general counsel to ... (continued)

  • 9th Circ. FRAND Ruling Brings Options For Patent Licensees

    Russell Tonkovich

    The Ninth Circuit's recent important decision in Microsoft Corp. v. Motorola Inc. provides guidance on how to determine royalty rates for standard-essential patents and what consequences may follow when a patentee fails to comply with its obligation to license patents on fair, reasonable and nondiscriminatory terms, say attorneys with Dentons.

  • Product-Hopping Cases: A Bad Prescription For Consumers

    Pat Pascarella

    Almost a decade ago, D.C. Circuit Judge Douglas Ginsburg helped create the circuit split that permitted the U.S. Supreme Court to retire price-squeeze as an antitrust cause of action. More recently, Judge Ginsburg seems to be working to limit, if not eradicate, another suspect antitrust cause of action — “product-hopping,” says Pat Pascarella of Tucker Ellis LLP.

  • King Drug May Chill Voluntary Resolution Of IP Disputes

    Benjamin Wanger

    There is serious danger in allowing third-party antitrust challenges to voluntary resolutions of intellectual property disputes. While we understand the rationale of Actavis concerning why a reverse payment settlement might be ripe for scrutiny, the Third Circuit's recent decision in King Drug illustrates that Actavis places IP disputes on a slippery slope, say Carl Schaerf and Benjamin Wanger of Schnader Harrison Segal & Lewis LLP.

  • The Vanishing FCPA 'Facilitating Payments' Exception

    Danielle Pelot

    The facilitating payments exception to the Foreign Corrupt Practices Act is an opaque and arguably diminishing exception to the general prohibition on bribery of foreign officials. Sometimes referred to as a “bribery loophole,” the reality is that the exception is a narrow one, and relying on it can trigger a host of other legal and compliance issues, say Danielle Pelot and Emily Crandall Harlan of Nixon Peabody LLP.

  • The Pros And Cons Of DOJ Hiring A Compliance Expert

    Hillary Rosenberg

    With its new compliance counsel’s more nuanced eye, the U.S. Department of Justice may raise the bar as to what constitutes an “adequate” compliance program, making it more difficult for companies to obtain mitigation through compliance efforts, say Hillary Rosenberg and Adam Kaufmann of Lewis Baach PLLC.