Competition

  • July 29, 2015

    Safeway Wins Dismissal In Calif. Fuel Pricing Appeal

    A California appeals court on Wednesday agreed to let Safeway Inc. out of a lawsuit brought by a gas station owner who accused the grocer of charging below cost at its fuel stations, ruling that the grocery company wasn’t harming competition in the area.

  • July 29, 2015

    Pandora Denied FM Radio Rate In BMI Royalty Row

    A New York federal judge on Wednesday refused to lower the royalty rate he previously ordered Pandora Media Inc. to pay Broadcast Music Inc., rejecting Pandora's argument that purchasing a South Dakota radio station entitled it to pay a smaller amount.

  • July 29, 2015

    Investors Hit 24 Banks With Market Manipulation Class Action

    Nearly 25 financial institutions, including Barclays Capital Inc., Goldman Sachs & Co. and UBS Securities LLC were hit with a proposed class action by investors in New York federal court on Tuesday, a suit that claims they colluded to manipulate the U.S. Treasury securities market.

  • July 29, 2015

    Ex-Chicago Hospital Owner Gets 4.5 Years For Kickback Scam

    The former owner and chief executive of Chicago’s Sacred Heart Hospital was sentenced Wednesday to 4.5 years in prison for defrauding federal health care programs through an elaborate kickback scheme in which doctors were paid to refer patients to the for-profit hospital.

  • July 29, 2015

    European Commission OKs Mylan's Hostile Perrigo Takeover

    The European Commission has cleared drugmaker Mylan NV to acquire Irish pharmaceutical company Perrigo Co. PLC, Mylan announced Wednesday, bringing it a step closer to closing the $35.6 billion hostile bid, which Perrigo rejected earlier this year.

  • July 29, 2015

    UFC Can't Stop Discovery In Fighters' Antitrust Suit

    The Ultimate Fighting Championship may have to produce some documents while it seeks to knock out a proposed class action by mixed martial artists who accuse the UFC of illegally dominating the sport, a Nevada federal judge said Tuesday, leaving the scope of discovery undetermined.

  • July 29, 2015

    AmEx Class Says Atty Doc Sharing Doesn't Hinder MDL Deal

    Gary Friedman of Friedman Law Group LLP and two other class plaintiff attorneys in the American Express anti-steering antitrust multidistrict litigation told a New York federal court Wednesday that the recently disclosed communications between Friedman and a now-indicted former MasterCard attorney should have no bearing on the proposed settlement.

  • July 29, 2015

    NCAA Urges Stay On Eve Of O'Bannon Order

    The NCAA on Tuesday tried to stop an order that would allow for college athletes to be paid for the use of their names, images and likenesses, saying plaintiffs' only defense so far has been to "belittle and demonize the NCAA."

  • July 29, 2015

    Former Tribe Official Pleads Guilty In Corruption Scheme

    The former head of the Chippewa Cree Tribe’s roads department and environmental health unit pled guilty Tuesday in a corruption scandal involving fraudulent claims and hundreds of thousands of dollars in bribes and gifts, according to the U.S. attorney’s office in Montana.

  • July 29, 2015

    Filed Rate Doctrine Axes Kickback Claims, Mortgage Cos. Say

    A recent Second Circuit decision invoking the filed rate doctrine is fatal to two suits claiming mortgage servicers accepted kickbacks from insurers in exchange for requiring customers to buy force-placed insurance, a New York federal judge was told Tuesday.

  • July 29, 2015

    Sidley Snags Manatt Trial, Regulatory Leaders In LA

    Sidley Austin LLP has landed two partners from Manatt Phelps & Phillips LLP for its Los Angeles office, including Manatt's trial practice co-chair, who will bring experience in intellectual property, entertainment, antitrust and regulatory law, the firm announced on Tuesday.

  • July 29, 2015

    Whistleblower To Take CVS Kickback Suit To 7th Circ.

    A whistleblower accusing CVS Caremark Corp. of violating the Anti-Kickback Statute with $5 coupons handed out as part of a prescription rewards program that included Medicare and Medicaid enrollees is taking his case to the Seventh Circuit, according to a notice to appeal filed Tuesday in the Illinois district court where his suit was dismissed in June.

  • July 29, 2015

    AMC Tells FCC Online Video Rule Change Could Up Costs

    A proposed Federal Communications Commission requirement for networks to purchase online video distribution rights could seriously hurt unaffiliated programmers, AMC Networks Inc. told the agency in a letter made public Tuesday.

  • July 29, 2015

    8th Circ. Told Food Giants Can't Arbitrate Antitrust Row

    A Minnesota grocery store operator told the Eighth Circuit Monday that the two largest grocery wholesalers in the U.S. are attempting to enforce arbitration agreements over which they have no legal authority in order to dodge retailers’ consolidated actions accusing them of conspiring to hike prices.

  • July 28, 2015

    Ex-Teva Exec. Blames Firing On FCPA Probe Cooperation

    The former director of finance for Teva Pharmaceutical Industries Ltd.'s Latin America region sued the company Tuesday for allegedly firing her after she began cooperating with federal authorities on a Foreign Corrupt Practices Act investigation.

  • July 28, 2015

    Deals Rumor Mill: Blackboard, Quiksilver, GE, Syngenta

    Blackboard Inc., a private equity-backed education technology company, explores a sale that will value it around $3 billion, while surf wear retailer Quiksilver Inc. hires a restructuring adviser to help it turn around its business, as General Electric Co. offers to unload assets to an Italian rival with the hopes of scoring antitrust clearance from European regulators for its purchase of Alstom SA's energy business.

  • July 28, 2015

    Google VC Arm Should Stay In Philly Uber Fight: Cab Cos.

    A group of Philadelphia cab companies told a Pennsylvania federal judge on Monday that Google Inc.’s venture capital arm should remain in a lawsuit seeking to give Uber Technologies Inc. the boot from their city because Google “was no passive investor.”

  • July 28, 2015

    Foam Cos. Pay Indirect Buyers $22M To Exit Antitrust MDL

    Three foam makers have agreed to pay a combined $22.25 million to settle claims by indirect purchasers and exit multidistrict litigation accusing the companies of plotting to fix prices, the plaintiffs said in a motion filed Monday.

  • July 28, 2015

    Hyundai Hit With $66M Fine Over India Antitrust Violations

    An Indian subsidiary of Hyundai Motor Co. faces a 4.2 billion rupee ($65.8 million) fine after India’s competition watchdog recently found it violated the country’s antitrust laws by allegedly conspiring to keep sellers of aftermarket automotive parts and diagnostic tools from competing in the marketplace.

  • July 28, 2015

    Feds Try To Block Evidence In NJ Tax Lien Bid-Rigging Case

    Federal prosecutors moved Monday to prevent a group of investors from introducing evidence that tax collectors knew of an alleged conspiracy to manipulate the bidding process for tax lien auctions in New Jersey, saying that related arguments are irrelevant in the case.

Expert Analysis

  • Why Didn’t Raids Stop Price-Fixing In The Auto Industry?

    Jonathan Tomlin

    It is somewhat puzzling that numerous producers of automotive parts continued to fix prices despite the news of raids that ultimately led to government fines, civil litigation and jail time for their employees. The economics of deterrence provide at least some initial insight as to why this may have occurred, says Jonathan Tomlin of Navigant Economics.

  • Boxing Promoter Faces Tough Fight In Antitrust Suit

    Helen Maher

    In its antitrust suit against Floyd Mayweather’s manager, boxing promoter Top Rank Inc. heavily relies on a 1959 U.S. Supreme Court analysis, but it is unlikely that fact-finding that supported the creation of a distinct championship boxing market nearly 60 years ago would be relevant today, says Helen Maher, a partner at Boies Schiller & Flexner LLP and counsel for NASCAR.

  • A Midyear Review Of Criminal Antitrust Enforcement

    Rachel Brass

    Thus far in fiscal year 2015, the number and average length of prison sentences secured by the U.S. Department of Justice's Antitrust Division have decreased. If this trend continues, it will represent an eight-year low for average prison sentence length, say attorneys with Gibson Dunn & Crutcher LLP.

  • Public Officials Face Greater Scrutiny In Wake Of McDonnell

    Robert J. Higdon Jr.

    There is no question that the U.S. Department of Justice will see vindication in the Fourth Circuit’s decision affirming the bribery conviction of former Virginia Gov. Bob McDonnell. And there is no doubt that the Public Integrity Section will continue to develop and pursue cases based upon a survey and review of relationships and events just as they did here, say Robert Higdon and Charles James, partners at Williams Mullen PC and ... (continued)

  • Where Are All The Women In The Plaintiffs' Bar?

    Jessica J. Sleater

    Although there are likely several reasons why there is an unequal representation of women attorneys in the plaintiffs' bar, the history of the plaintiffs' bar as male-dominated cannot be ignored, says Andersen Sleater LLC's Jessica Sleater, co-founder of the Women's Entrepreneurial Plaintiffs Lawyers Network.

  • The Health Care Governance Implications Of Tuomey

    Michael W. Peregrine

    For health systems interpreting the Fourth Circuit's decision in Drakeford v. Tuomey Healthcare System Inc., the highly critical characterization of the Stark Law should serve as a separate red flag to governance with respect to the sufficiency of internal legal review, says Michael Peregrine of McDermott Will & Emery LLP.

  • OPINION: Litigation Finance Can Help Break The Glass Ceiling

    Aviva O. Will

    Litigation finance has traditionally been touted as a means to help small plaintiffs take on well-heeled defendants. That’s certainly the case, but litigation finance can also be a powerful means to help women litigators level the playing field, says Aviva Will, a managing director at Burford Capital LLC and former assistant general counsel at Time Warner Inc.

  • 3 Antitrust Precedents Ripe For Overturning

    Steven Cernak

    When the U.S. Supreme Court recently declined on stare decisis grounds to overturn a criticized intellectual property precedent on royalty payments, the justices said that their respect for precedent would have been less had it been one interpreting the Sherman Antitrust Act. These comments prompt the question: Which old and criticized antitrust precedent might be subject to reversal? say attorneys with Schiff Hardin LLP.

  • Crowley Acquittal Highlights Plea Agreement Issues

    Rick Rule

    The sheer number of pleas that the U.S. Department of Justice's Antitrust Division has entered into recently creates the misperception that a company or individual subject to an antitrust grand jury investigation has no choice but to settle. Recent acquittals, including the former vice president of Crowley Liner Services Inc., indicate the DOJ may not always be able to prove its case at trial, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Takeaways From 2nd Circ.'s Apple E-Books Ruling

    Bruce Sokler

    The Second Circuit's recent holding in the Apple Inc. e-book case shows that per se analysis hinges, to some extent, on the characterization of an agreement as horizontal or vertical — a characterization that time and complexity have blurred, say Bruce Sokler and Timothy Slattery of Mintz Levin Cohn Ferris Glovsky and Popeo PC.