The Third Circuit pressed the Federal Trade Commission on Tuesday to show why a proposed hospital merger’s fiscal impact on insurers is a more pertinent factor than its effect on patients to determine whether the tie-up would be anticompetitive, suggesting that the patient data was also relevant.
Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.
The Ninth Circuit on Tuesday shuttered an electronics repair shop’s proposed antitrust class action alleging Canon is illegally stingy with independent service facilities, finding that California law doesn’t force the company to provide parts and other supplies for repairs.
Air Liquide has asked the U.S. Federal Trade Commission to consent to its sale of carbon dioxide assets to Aspen Air U.S. Corp. as part of its obligations under a divestiture agreement to clear its $13.4 billion acquisition of Airgas, the agency said Tuesday.
An Oakland federal judge recently ruled that the FBI did not unlawfully bug the outside of two Bay Area courthouses in the course of a bid-rigging investigation into foreclosure auctions, saying those recorded did not have a reasonable expectation of privacy in their conversations outside the buildings.
Chemical giants DuPont Co. and Dow Chemical Co. submitted concessions to the European Union’s competition authority last week as part of their push for regulatory approval of their proposed $130 billion tie-up.
The European Commission has granted German gas provider E.ON AG early release from binding commitments agreed to in 2010 that allowed its competitors better access to pipelines, saying Tuesday the agreement had done its job to increase competition in the German gas market.
In their final written arguments before ex-Illinois Gov. Rod Blagojevich’s resentencing next month, prosecutors told the federal judge overseeing the disgraced politician’s case Monday that he still hasn’t accepted responsibility for his crimes, while his defense argued the crimes remaining are less serious and warrant a shorter sentence.
The U.K.'s antitrust watchdog said Tuesday that gaming outfits Ladbrokes and Gala Coral Group Ltd. will have to sell 350 to 400 licensed betting offices in order to quell competition concerns raised by their planned £2.3 billion ($3.52 billion) merger.
Anheuser Busch InBev on Tuesday increased its more than $100 billion offer for SABMiller plc in hopes of quelling investor disdain over the growing inequity between the cash offer and the partial share alternative, but the sweetened offer is already being slammed by one of SABMiller’s top shareholders as “unacceptable.”
European Union antitrust authorities announced the acceptance Tuesday of conditions closing out Paramount Pictures' part in broader ongoing EU allegations against six major U.S. film studios accused of blocking access to pay-TV content across national borders.
Manufacturer PMC Global Inc. on Monday told a Kansas federal court it objected to a plan to allocate an $835 million settlement with Dow Chemical over price-fixing allegations, saying the fund should reimburse class members who purchased an ingredient used in foam products during 2000 and earlier.
A Florida federal judge on Monday rejected federal prosecutors' bid to disqualify Arnold & Porter LLP from representing a doctor — separately charged with bribing Sen. Robert Menendez, D-N.J. — in a Medicare fraud case, ruling it is too late in the case to disqualify the doctor's attorneys.
Eleven state attorneys general filed an amicus brief Friday supporting the Federal Trade Commission’s recent push in the Seventh Circuit to block the merger of two Chicago health care systems.
A California federal judge has denied Hewlett Packard Enterprise’s request to throw out a lawsuit alleging it distributed copyrighted Oracle software code through its tech support companies, saying in an order unsealed Friday that he would allow the direct copyright and contract interference claims.
A federal judge's recent ruling that the Federal Energy Regulatory Commission must go through a full court case, as opposed to merely having the judge review the agency's proceedings, to enforce a market manipulation penalty against Maxim Power Corp. could drag out the enforcement process and improve companies' chances of defeating FERC's allegations, experts say.
The FIFA Ethics Committee on Monday said it has issued a one-year ban for the former head of the German soccer federation and vice president with the 2006 World Cup Organizing Committee, finding that he failed to report misconduct to the international soccer governing body, including potential bribery tied to the awarding of the 2006 World Cup to Germany.
Paul Hastings LLP has bolstered its intellectual property practice with a patent and antitrust litigation specialist who formerly served as a partner at Patterson Belknap Webb & Tyler LLP and focuses on life sciences and technology.
A rural broadband group has told the Federal Communications Commission that whatever plan it adopts to allow consumers to access their pay-TV programming on third-party devices, smaller companies must receive an exemption for rules that could push them out of business.
The European Commission has ordered Spain to recover some €141 million ($152 million) paid out to its state rail infrastructure operator for the construction of a test center for high-speed trains, saying Monday the funds constituted illegal state aid.
The NCAA recently urged the U.S. Supreme Court to take up its challenge of the Ninth Circuit’s finding that the organization's rules prohibiting student-athletes from being paid are anti-competitive, saying that despite their opposition brief, the athletes actually favor part of the association's petition for review.
In this new world of “big data,” there are many instances in which antitrust practitioners may be able to do better in their ability to draw causal relationships in merger analysis by using a controlled experiment technique known as randomized control trials. It is notable that businesses and academics are already using these empirical tests, says Dr. Elizabeth Bailey of NERA Economic Consulting and University of California, Berkeley.
Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.
The record $11 million fine against ValueAct announced last week for alleged violations of the Hart-Scott-Rodino Act should remind “passive investors” of the implications of communicating with executive management of companies in which they hold voting securities, says Stephen Pepper of Greenberg Traurig LLP.
The first half of 2016 featured several developments in global merger control that may impact the timing and antitrust risk of your next deal, says Jason Cruise of Latham & Watkins LLP.
There has been widespread speculation that the U.S. Supreme Court's recent McDonnell decision provides a means to avoid prison for two of the most prominent politicians embroiled in corruption cases — Sheldon Silver and Dean Skelos. James Corsiglia of Cleary Gottlieb Steen & Hamilton LLP takes a look at whether their acts meet the new standard of “official acts” laid down in McDonnell.
In the classic "Peanuts" gag, Charlie Brown runs full speed at the football only to fall flat on his back as Lucy pulls it away. On Thursday, the Third Circuit will hear oral arguments in Mylan v. Warner Chilcott, a product-hopping case where branded manufacturers will argue that it is OK to be Lucy, always pulling the ball away from generic manufacturers, says David Balto, a former policy director at the Federal Trade Commission.
Winding down a law firm is at best stressful, at worst excruciatingly painful, and often carried out as if it were an emergency, rendering the process even more difficult. There are certain common steps that should be on the firm's radar from the moment the decision to dissolve is made, says Janis Meyer, a partner with Hinshaw & Culbertson LLP who helped oversee Dewey & LeBoeuf's 2012 bankruptcy filing and the subsequent wind-down of the firm.
In the long term, there could be an “uncoupling” of the U.K. antitrust process from the EU process. This would add to companies' administrative and cost burdens, and the U.K. might come explicitly closer to the U.S. position on issues such as monopoly power and vertical restraints, says Paula Riedel of Kirkland & Ellis LLP.
Three months ago, the U.S. Department of Justice introduced a yearlong Foreign Corrupt Practices Act pilot program. Initial observations demonstrate a real commitment to decreasing the length and burden of FCPA investigations and equipping corporate boards with a road map for efficient FCPA compliance programs, say attorneys with K&L Gates LLP.
China's National Development and Reform Commission recently released draft guidelines on the calculation of illegal gains and fines for monopolistic conduct. The explanations and clarification may eliminate many of the concerns regarding the current enforcement mechanism, say attorneys with Tian Yuan Law Firm.