Competition

  • March 2, 2015

    High Court May Blunt Favored Anti-Corruption Weapon

    The U.S. Supreme Court’s decision to hear an appeal by a Baltimore police officer convicted of taking kickbacks could make it more difficult for prosecutors to charge people who bribe public officials under the Hobbs Act, a favored tool in state and local corruption cases.

  • March 2, 2015

    Judge Nixes MLB Bid To Link San Jose, Minor Leaguer Suits

    A class action against Major League Baseball over pay for minor leaguers and an antitrust suit over the relocation of the Oakland Athletics have little in common other than involving the baseball antitrust exemption, a California federal judge said Monday in denying a request from the MLB to relate the two disputes.

  • March 2, 2015

    BofA’s Libor Defenses 'Smack Of Arrogance,' Lenders Say

    The Berkshire Bank and others representing a proposed class of lenders who claim they were harmed when Bank of America Corp. and other banks allegedly rigged the London Interbank Offered Rate urged a New York federal judge Monday to reject a dismissal motion, saying the defendants’ arguments “smack of arrogance.”

  • March 2, 2015

    2 Mental Health Workers Get 6 Years In $63M Fraud Case

    A Florida federal judge has sentenced two former employees of a defunct Miami mental health care provider to six years each in prison for their roles in a $63 million Medicare and Medicaid fraud and kickback scheme, the Department of Justice announced on Friday. 

  • March 2, 2015

    UFC Goes For The Knockout In Fighters' Antitrust Action

    The company behind the Ultimate Fighting Championship on Friday slammed an antitrust putative class action filed by its fighters, saying claims that the UFC's exclusive deals with its mixed martial artists violate antitrust laws are "implausible" and that the contracts do more to encourage competition than suppress it.

  • March 2, 2015

    1-800-Flowers Countersues Edible Arrangements In IP Fight

    1-800-Flowers.com Inc. launched an antitrust countersuit against Edible Arrangements LLC in Connecticut federal court on Friday accusing the cut-fruit retailer of anti-competitive conduct by using fraudulently obtained trademark registrations to enforce trademarks for generic terms, in violation of federal law covering fair use.

  • March 2, 2015

    Judge Koh Nears OK Of $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Monday signaled she would preliminarily approve a $415 million settlement to end the high-profile antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each other’s software engineers, months after rejecting a $325 million deal as too small.

  • March 2, 2015

    Costco Says J&J Blocked Contact Lens Discounts

    Discount retailer Costco Wholesale Corp. hit Johnson & Johnson’s contact lens unit with an antitrust suit on Monday in California federal court, alleging that it is creating pricing floors for Acuvue lens in order to stifle competition.

  • March 2, 2015

    Magnesite Buyers Say They Have Standing In Antitrust Case

    Purchasers of magnesite told a New Jersey federal judge Friday that they have standing to proceed with their long-running antitrust class action accusing China-based manufacturers of the mineral of engaging in a price-fixing cartel, fighting a bid to toss their amended complaint.

  • March 2, 2015

    High Court Told SuperValu Antitrust Case May Chill Deals

    The Food Marketing Institute has urged the U.S. Supreme Court to take up an appeal to nix an antitrust suit challenging a noncompete pact in a transaction between SuperValu Inc. and C&S Wholesale Grocers Inc., saying the case threatens to chill deal making in the grocery industry.

  • March 2, 2015

    High Court Won't Hear Foam Makers' Class Cert. Appeal

    The U.S. Supreme Court on Monday turned aside an appeal from a group of polyurethane foam manufacturers and sellers that had sought to reverse a Sixth Circuit order upholding the certification of two purchaser classes in multidistrict litigation alleging a price-fixing conspiracy.

  • March 2, 2015

    High Court To Weigh Conspiracy In Police Kickback Scheme

    The U.S. Supreme Court has agreed to hear an appeal from a Baltimore police officer convicted for his role in a kickback scheme, who argues that in order to sustain a conspiracy charge, the government must allege the conspirators agreed to obtain property from someone outside the conspiracy.

  • February 27, 2015

    LA Renews JPMorgan, Citigroup, BofA Redlining Suits

    The City of Los Angeles moved its discriminatory lending fight against JPMorgan Chase & Co., Bank of America Corp. and CitiGroup Inc. to California state court on Friday, lodging new complaints against the banks weeks after a federal judge found he lacked jurisdiction over the allegations.

  • February 27, 2015

    Ex-NJ Power Broker Can't Kill Surprise Testimony In Trial

    Former New Jersey Democratic power broker Joseph A. Ferriero on Friday failed to nix damaging, surprise testimony in his bribery and racketeering trial from a onetime mayor who said the attorney pressured him to raise political funds as contrition for seeking a legislative seat without his permission.

  • February 27, 2015

    Quinn, Boies Get $52M Fees From Foam Antitrust Settlements

    A federal judge approved on Thursday settlements Legget & Platt Inc. and Carpenter Holdings Inc. inked with foam buyers and $52 million in attorneys' fees and costs for Quinn Emanuel Urquhart & Sullivan LLP and Boies Schiller & Flexner LLP counsel as a trial in the multidistrict price-fixing litigation looms just over a month away.

  • February 27, 2015

    2nd Circ. Agrees To Keep Aluminum Antitrust Appeal Paused

    The Second Circuit on Thursday agreed to sit on an appeal by a group of aluminum users while the district court considers whether to accept new pleadings in their antitrust suit against Goldman Sachs Group Inc., JPMorgan Chase & Co. and others.

  • February 27, 2015

    Actavis Fights For Earlier 2nd Circ. Date In Antitrust Suit

    Actavis PLC urged the Second Circuit Thursday to hear its appeal of an injunction forcing the company to continue making an older version of dementia treatment Namenda by mid-March, saying the May oral arguments date the clerk's office proposed would be too late to protect its rights for the drug.

  • February 27, 2015

    Revolving-Door Roundup: Paul Weiss, DLA Piper, Cadwalader

    This month's roundup of attorney moves between the public and private spheres includes two U.S. attorneys landing partnerships at major firms — the second and third this year, for those keeping count — and a New York assistant U.S. attorney who secured a senior counsel position at Bill Ackman's private equity firm.

  • February 27, 2015

    Pols Introduce Bill To Stop FCC Preemption Of State Laws

    Republican legislators on Thursday introduced a bill to block a Federal Communications Commission decision overriding state laws in Tennessee and North Carolina that restrict towns from expanding municipal Internet service, a move the FCC said would increase competition.

  • February 27, 2015

    Nike Calls Racism, Hacking Claims Latest Salvo In Futile Suit

    Nike Inc. on Thursday objected to reopening a failed suit accusing it of squashing competitors in the soccer equipment market, calling accusations it may have hacked the plaintiffs’ email and had an anti-Semitic picture on its website a baseless attempt to harass the manufacturer.

Expert Analysis

  • Bankers Beware: OCC Encourages Small Banks To Collaborate

    Douglas Faucette

    The Office of the Comptroller of the Currency's recent paper strongly encouraging community banks to collaborate warns, almost in passing, that the suggested collaboration may run afoul of federal and state antitrust laws. This warning deserves considerable attention, say attorneys with Locke Lord Edwards LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • 6 Lessons From 9th Circ. St. Luke's Decision

    Meytal McCoy

    Although it focuses specifically on a health care acquisition, the Ninth Circuit's recent decision in St. Alphonsus Medical Center v. St. Luke’s Health System is instructive on a broad range of antitrust issues, says Meytal McCoy of Mayer Brown LLP.

  • 7th Circ.'s Reading Of 'Referral' Under AKS Is Expansive

    Laurence J. Freedman

    The Seventh Circuit’s decision in U.S v. Patel has vastly expanded the definition of “referral” under the Anti-Kickback Statute. While it is too early to predict whether other courts will follow this precedent, health care professionals should nevertheless take steps to protect themselves in business arrangements with health care providers to whom they refer, or for whom they certify the need for services, say attorneys at Mintz Le... (continued)

  • A Troubling Disregard For FCPA's Business Nexus Element

    Philip Urofsky

    The U.S. Securities and Exchange Commission’s charges against Layne Christensen Co. demonstrate that the government continues to treat the “business nexus element” of the Foreign Corrupt Practices Act as a seemingly unnecessary feature, and appear to contradict United States v. Kay, where the Fifth Circuit held that bribes made in exchange for a reduction in tax liability or customs duties did not per se violate the statute, say Ph... (continued)

  • Recasting Claims Under CGL Policies Is Rough In 5th Circ.

    Jon T. Neumann

    The Fifth Circuit’s rejection of the Gum Tree defendants’ argument in Nationwide Mutual Insurance Company v. Gum Tree Property Management LLC that misappropriation of a business’ proprietary information is akin to violation of a “person’s” privacy rights under a general commercial liability policy has immediate significance for policyholders who may face claims for misappropriation of trade secrets from business competitors, say Jo... (continued)

  • A Preview Of Sentencing For Ex-Va. Gov.'s Wife

    Randall Eliason

    Persuading the judge to throw out the obstruction conviction was one of the few bright spots for former Virginia First Lady Maureen McDonnell’s defense team. The bad news for the defense is that it’s not likely to have any effect on the sentence called for by the sentencing guidelines. But, if the lenient sentence received by her husband is any guide, in the end that won’t make any difference, says Randall Eliason, a law professor ... (continued)

  • Germany's New Merger Guidelines May Not Be Very Practical

    Daniel Wiedmann

    A guidance paper published last year by the German Federal Cartel Office aims to provide more legal certainty on when foreign-to-foreign transactions that may not significantly affect Germany need to be notified. While the guidance is a welcome development, it provides a safe harbor only for clear-cut cases, says Daniel Wiedmann of P&P Pollath & Partners.

  • Despite St. Luke's, The Efficiencies Defense Is Not Dead

    Leigh Oliver

    In light of the Ninth Circuit's recent decision in St. Alphonsus Medical Center-Nampa Inc. v. St. Luke’s Health System Ltd., the question remains as to whether there is a place for efficiencies arguments in merger cases, including health care mergers. We would argue, emphatically, yes, say Leigh Oliver and Robert Leibenluft of Hogan Lovells LLP.

  • Interpreting Stock Reactions To Reverse-Payment Settlements

    Zoya Marriott

    Some research suggests that an increase in the stock price of a branded company following the announcement of a reverse-payment settlement is evidence of a delay in generic entry beyond the expected date were the case litigated. But there are other reasons that may explain why these settlements can lead to a positive stock price reaction, say consultants at Cornerstone Research.