Competition

  • March 27, 2015

    Ocean Spray Wants Growers’ 'Irresponsible' Cert. Bid Paused

    Ocean Spray Cranberries Inc. asked a Massachusetts federal judge Friday to hold off on ruling on a class certification bid by the cranberry growers who brought the case until first determining whether they in fact have a viable antitrust claim, accusing the growers of “irresponsible” litigation tactics.

  • March 27, 2015

    Air France Says $370M Air Cargo Suit Can't Be Stateside

    Societe Air France and two other European airlines on Friday urged a New York federal court to dismiss a Deutsche Bahn AG unit’s $370 million antitrust suit, bashing the company’s arguments that the U.S. court has jurisdiction over foreign companies accused of misconduct abroad.

  • March 27, 2015

    GSK Says Calif. Court Should Oversee Abbott HIV-Drug Suit

    GlaxoSmithKline has urged a California federal judge to rule that the court has jurisdiction over its suit against Abbott Laboratories, saying that although it dropped its federal antitrust claims over the raised price of an HIV drug it licensed, there is plenty to connect Abbott to the state.

  • March 27, 2015

    Reed Smith Atty To Testify On Novartis Kickback Advice

    A Reed Smith LLP partner who previously advised Novartis Pharmaceuticals Corp. on its compliance with anti-kickback laws will testify at an upcoming False Claims Act trial accusing the drugmaker of giving fraudulent rebates to pharmacies, a Novartis attorney said in New York federal court Friday.

  • March 27, 2015

    Former Broker-Dealer Execs Get 4 Years Each In FCPA Case

    Direct Access Partners LLC's former CEO Benito Chinea and former managing director Joseph Demeneses got four years in prison each on Friday for a $60 million Venezuelan bank bribery scheme — sentences said to be the longest yet for Foreign Corrupt Practices Act violations in the Second Circuit.

  • March 27, 2015

    Panasonic, Indirect Purchasers Settle In CRT Price-Fixing MDL

    Panasonic Corp. has reached a settlement with indirect purchaser plaintiffs over their claims in multidistrict litigation that it was part of a conspiracy to fix the prices of cathode ray tubes, according to a California federal court filing Thursday, just days after the electronic giant settled claims made by Sharp Electronics Corp.

  • March 26, 2015

    Goldman, JPMorgan Can't Toss Aluminum Price-Fixing MDL

    A New York federal judge on Thursday denied bids to toss multidistrict litigation accusing Goldman Sachs & Co., JPMorgan Securities PLC and others of antitrust violations for manipulating aluminum prices, ruling that plaintiffs have stated a plausible claim under the Sherman Act.

  • March 26, 2015

    Brazil Construction Co. Galvao Seeks Bankruptcy

    A Brazilian construction company alleged to have worked with dozens of other construction companies to corrupt Petrobras executives asked a court Wednesday for permission to file for bankruptcy after laying off 1,700 people in recent weeks.

  • March 26, 2015

    Walgreen, Others Sue Over Opana, Solodyn Generic Deals

    Continuing recent efforts to be part of pending pay-for-delay cases, a group of grocery chains including Walgreen Co. on Thursday filed joint complaints in Illinois and Pennsylvnia accusing the makers of opioid pain medication Opana ER and acne treatment Solodyn of standing in the way of generic competition. 

  • March 26, 2015

    German Appeals Court Nixes Suit Over Axed Porsche-VW Deal

    A German appeals court on Thursday tossed a suit brought by a group of hedge funds claiming that they lost money in Porsche Automobil Holding SE after the company’s unsuccessful effort to acquire Volkswagen AG, finding that the plaintiffs failed to show that Porsche had intended to cause harm with the way it conducted the bid.

  • March 26, 2015

    7th Circ. Stands By 2 Convictions In Bribery Scheme

    The Seventh Circuit on Thursday upheld the convictions of a former Chicago alderman and an ex-employee of a pharmacy benefit management company over a bribery conspiracy to obtain a government contract, finding the size and nature of the contract merited the federal bribery charges.

  • March 26, 2015

    Extradited Ex-Gov't Contractor Pleads Guilty To Bribing

    A former U.S. Department of Defense contractor pled guilty in Ohio federal court on Wednesday following a July 2014 extradition from Iraq over charges he tried to bribe department officials to win contracts, according to plea documents.

  • March 26, 2015

    AmEx To Pursue Stay In Anti-Steering Antitrust Suit

    American Express Co. on Wednesday said that it will seek a stay on a potential ban on its practice of barring merchants from encouraging consumers to use other credit card brands in a suit in which a New York federal judge found the practice violates antitrust law.

  • March 26, 2015

    Petrobras Investors Strike Back With Claims Of Vast Fraud

    Several investment funds have sued Petrobras, claiming the Brazilian oil and gas company overstated its assets by concealing billions of dollars in kickbacks, bribes and inflated contracts, and caused heavy losses for New York Stock Exchange investors.

  • March 26, 2015

    DOJ Wants More Info On $1.6B Expedia-Orbitz Merger

    Online travel giants Expedia Inc. and Orbitz Worldwide Inc. said Wednesday they have received requests for additional information from the Department of Justice antitrust division regarding the agency's review of the companies' pending $1.6 billion merger.

  • March 26, 2015

    4th Japanese Shipping Exec Sentenced In Price-Fixing Plot

    An executive of Japan-based Kawasaki Kisen Kaisha Ltd. pled guilty Thursday to his involvement in a conspiracy to fix prices, allocate customers and rig bids of international ocean shipping services and was sentenced to 18 months in a U.S. prison, the U.S. Department of Justice announced.

  • March 26, 2015

    UK's Antitrust Watchdog To Reassess Merger Remedies

    U.K. antitrust authorities on Thursday announced that they will review dozens of past requirements placed on firms involved in mergers before 2005 to see if they are still necessary or need to be changed as part of an effort to alleviate superfluous regulations.

  • March 26, 2015

    EU Antitrust Regulators Set Sights On E-Commerce

    A European Union official on Thursday called for a probe into the e-commerce sector in an attempt to erase digital geographical barriers to commerce that do not exist in the integrated bloc’s brick-and-mortar retail world, saying a well-functioning “Digital Single Market” could add about €340 billion ($372 billion) to GDP.

  • March 26, 2015

    S. Korea Levies $3.2M Fines Against Japan Auto Parts Cos.

    South Korean antitrust regulators slapped Japan-based Denso Corp. and NGK Spark Plug Co. Ltd. with 3.5 billion won ($3.17 million) in fines for allegedly rigging prices on exhaust gas temperature sensors sold to Hyundai Motor Group, according to Thursday news reports.

  • March 25, 2015

    NJ Medical Centers Dodge Charity Hospital's Antitrust Suit

    A federal judge in New Jersey dismissed an antitrust suit brought by charity hospital Deborah Heart and Lung Center against two other medical centers, ruling Deborah failed to prove allegations the defendants tried to edge the hospital out of the market for cardiac patients.

Expert Analysis

  • Antitrust's Attempt At Healthy Competition In Health Care

    Lori Lustrin

    Just as soon as the ink dried on the Affordable Care Act, the Federal Trade Commission and state attorneys general stepped up efforts to strike down anti-competitive mergers in the health care sector. This, in turn, has led many providers to feel conflicted between their desire to achieve economic efficiencies through mergers and consolidations and reluctance to risk antitrust liability. But hope is not lost, says Lori Lustrin of B... (continued)

  • NJ Supreme Court Clarifies Expert Testimony Rule

    Timothy Freeman

    Practitioners should take note of the New Jersey Supreme Court's recent decision in Townsend v. Pierre when seeking to exclude expert testimony that is based on factual scenarios that have no support in the record, says Timothy Freeman of Sedgwick LLP.

  • 2 Years After Comcast, Little Has Changed

    Christopher Micheletti

    The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification game-changer. But a review of circuit court decisions interpreting Comcast shows that most courts have cabined its application, say Christopher Micheletti and Patrick Clayton of Zelle Hofmann Voelbel & Mason LLP.

  • OPINION: Not All That Is Public Should Be Publicized

    Adam C. Sherman

    Although court decisions are public records, that doesn’t mean they should be publicized by the courts on search engines, such as Google. Access alone isn’t the problem. The issue is that these decisions appear prominently atop search results — even when browsing parties are not looking for them. Courts have opened their doors, but they need not remove them entirely, says Adam Sherman of Vorys Sater Seymour and Pease LLP.

  • China’s Qualcomm Decision Sends Mixed Messages

    Peter Corne

    Some clues lead us to believe that China's Qualcomm Inc. decision was the result of a compromise between the investigator and the investigated, in the context of which the investigator somehow lost sight of the fact that it was deviating from the national law, say Peter Corne of Dorsey & Whitney LLP and Blake Yang of Martin Hu and Partners.

  • Up The Irish: St. Paddy’s Is For Celebrating Pro Bono, Too

    Kevin J. Curnin

    Just in time for St Patrick’s Day, Ireland has released the results of its first-ever survey on pro bono legal work. As befits a day that is mostly about celebrating, the results are encouraging. The results also mirror a lot of our experience in the United States regarding how and why — or why not — lawyers are contributing to the common good, says Kevin Curnin of the Association of Pro Bono Counsel.

  • SEC Sets Sights On Commercial Bribery

    John P. Cunningham

    Recent U.S. Securities and Exchange Commission enforcement actions and commentary demonstrate the SEC’s intent to penalize companies paying commercial bribes for violations of the accounting provisions of the Foreign Corrupt Practices Act. This trend belies a commonly held misconception that the FCPA pertains only to bribes and accounting improprieties involving foreign public officials, say John Cunningham and Geoff Martin of Bake... (continued)

  • When Illinois Brick Goes Abroad

    Dylan Ballard

    Illinois Brick undisputedly applies to bar federal indirect purchaser claims based on foreign conduct. But does it also bar such claims when brought under state laws? asks Dylan Ballard of Sheppard Mullin Richter & Hampton LLP.

  • 5 Lessons From Clorox Antitrust Case

    John Foote

    In Woodman's Food Market Inc. v. The Clorox Company, a Wisconsin federal court recently became the first court to allow a claim under the Robinson-Patman Act for discriminating between customers with respect to package size, providing a reminder that the Robinson-Patman Act still has teeth, say John Foote and Blaire Stokes of Nixon Peabody LLP.

  • OPINION: Beyond The 'Grow Or Die' Law Firm Model

    Michael Moradzadeh

    The legal world was recently stunned by a huge gamble from a well-known law firm — Dentons has decided to merge with Dacheng, the largest firm in China, creating a more than 6,500-lawyer firm. This mega-firm follows in the wake of other firms taking a policy of “grow or die.” Yet at the same time as these firms hold to their policy of expansion, the traditional law firm model is withering on the vine, says Michael Moradzadeh of Rimon PC.