Competition

  • April 16, 2015

    Fla. Doc In Menendez Scandal Denies Medicare Fraud Charges

    A Florida ophthalmologist and prominent political donor accused of supplying Democratic New Jersey Sen. Robert Menendez with unreported gifts and campaign contributions in exchange for political favors on Thursday pled not guilty to a host of Medicare fraud charges.

  • April 16, 2015

    FTC To Dive Deep In Pay-To-Delay Analysis, Brill Says

    Federal Trade Commissioner Julie Brill said Thursday that the agency will begin "a deep dive" to analyze the motives of pharmaceutical companies suspected of pay-for-delay schemes, responding to criticism that its current analysis of anticompetitive behavior is too simple.

  • April 16, 2015

    Alstom's UK Unit Hit With New Corruption Charges

    The United Kingdom's Serious Fraud Office said Thursday it has brought new charges in French energy and transportation giant Alstom SA's overseas contracts bribery scandal, accusing a U.K. subsidiary of the company and a business development director of several new corruption charges.

  • April 16, 2015

    Asus Accuses InterDigital Of Exploiting Essential Tech Patents

    Smartphone and computer maker Asus Computer International on Wednesday accused InterDigital Inc. in California federal court of monopolizing the cellular and wireless markets by helping steer industry standards toward technology it controls and then reneging on promises to license its patents fairly.

  • April 16, 2015

    Contractor Chief Charged In PennDOT Corruption Scandal

    The president of a Pennsylvania Department of Transportation contracting firm was charged Thursday in a more than $1 million bribery scheme involving a state worker, the latest in a cross-county corruption crackdown that has already led to criminal cases against 12 people, the state said.

  • April 16, 2015

    E-Book Monitor Says Apple Must Boost Antitrust Compliance

    The court-appointed monitor in the Apple Inc. e-book price-fixing suit said Thursday the tech giant's antitrust compliance program has been marked by both progress and "significant" setbacks over the last six months, adding that while the iPad maker has improved its efforts it still needs to cooperate more.

  • April 16, 2015

    FTC Official Says Patent Settlement Side Deals Suspicious

    Pharmaceutical companies can minimize the risk of facing a Federal Trade Commission probe of their patent settlements by not signing those agreements at the same time as side deals that the antitrust watchdog sees as warning signs of pay-for-delay settlements, an FTC official said Thursday.

  • April 16, 2015

    Pa. AG Asked To Probe Penn National's Nixed Casino Project

    A group of Pennsylvania lawmakers have urged the state’s attorney general to investigate allegations raised in a recent complaint accusing Penn National Gaming Inc. of derailing a proposed $225 million Lawrence County racetrack and casino to protect its interest in a competing facility across the border in Ohio.

  • April 16, 2015

    FTC Can Seek Disgorgement In Cephalon Suit, Judge Says

    The Federal Trade Commission can pursue billions of dollars Cephalon Inc. allegedly made through a series of pay-for-delay deals meant to stave off competition with its blockbuster narcolepsy drug, a Pennsylvania federal judge ruled Wednesday.

  • April 16, 2015

    NJ Property Owners Oppose $9.6M Lien-Rigging Class Deal

    Three New Jersey property owner plaintiffs in a class action alleging a wide-ranging conspiracy to rig municipal tax lien auctions said Wednesday they cannot accept a total settlement of $9.6 million because it's inadequate, improperly executed and preferential to certain plaintiffs and lead counsel.

  • April 16, 2015

    Antitrust Officials Tout Role In US Foods-Sysco Merger Suit

    State antitrust officials on Thursday said that the Federal Trade Commission's ongoing case against U.S. Foods Inc. and Sysco Corp.'s $3.5 billion merger would not have been possible without their "boots on the ground" approach canvassing local restaurant owners around the country about concerns over the deal.

  • April 16, 2015

    BofA Reaches Settlement In Forex Class Action

    Bank of America Corp. on Thursday became the third global bank to reach a settlement in an antitrust class action alleging that it was part of a conspiracy to rig the approximately $5 trillion-per-day foreign exchange market, attorneys for the plaintiffs announced.

  • April 15, 2015

    San Jose Takes MLB Antitrust Challenge To Supreme Court

    The California city of San Jose urged the U.S. Supreme Court on Wednesday to take up its antitrust suit against Major League Baseball that seeks to bat down professional baseball's exemption from antitrust law in a bid to move the Oakland Athletics to San Jose.

  • April 15, 2015

    New Tech Could Challenge EU In Google Antitrust Probe

    The European Union's formal antitrust investigation into Google's comparison shopping services in Internet searches and agreements with makers of phones that use its Android software involves new technology that could muddle the antitrust watchdog's arguments about Google's market dominance, attorneys say.

  • April 15, 2015

    Gov’t On Defensive Over Antitrust Activities In IP Space

    Current and former federal officials on Wednesday defended the government’s recent antitrust activities targeting standard essential patent owners against claims that such moves stifle innovation, saying the U.S. Department of Justice and Federal Trade Commission have treated patents like any other kind of property.

  • April 15, 2015

    DOJ On Antitrust Hiring Spree As Litigation Director Departs

    The U.S. Department of Justice has been on a hiring streak across its antitrust sections to staff back up after sequestration limited recruiting, officials said Wednesday, and soon it will also have to enlist a new director of litigation as Mark Ryan is set to return to private practice.

  • April 15, 2015

    DOJ Recoups Record $1.3B In Criminal Antitrust Fines

    The U.S. Department of Justice collected a record-breaking $1.3 billion in criminal antitrust fines and penalties in 2014, a total driven by investigations into price-fixing in the auto parts industry and two Libor wire fraud cases, the department said Wednesday.

  • April 15, 2015

    FCC's GC Says Net Neutrality Rules To Be Applied Upfront

    The general counsel of the Federal Communications Commission said Wednesday that the agency will enforce its February net neutrality order through upfront bans on paid prioritization and other traffic manipulation after finding the practices almost always harm consumers.

  • April 15, 2015

    DOJ's Snyder Says Double-Counting Worries Overblown

    Despite frequent complaints from the defense bar about companies getting punished twice for the same cartel conduct, the U.S. Department of Justice’s criminal antitrust chief said Wednesday that double-counting was rare and something the watchdog avoids when possible.

  • April 15, 2015

    Cephalon Thins FCA Off-Label Marketing, Kickback Suit

    A Pennsylvania federal judge pared charges Wednesday from a False Claims Act case alleging pharmaceutical company Cephalon Inc. improperly promoted drugs for off-label uses, saying some state law claims could not be prosecuted but allowing key federal charges to continue.

Expert Analysis

  • A Closer Look At Internal Controls Enforcement

    Michael Volkov

    When you review the actual law surrounding books and records and internal controls, you wonder what took the U.S. Department of Justice and the U.S. Securities and Exchange Commission so long to discover the full power of the provisions, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • How Antitrust Class Actions Will Work In The UK

    Tobias Caspary

    The combined impact of recent changes to U.K. law is likely to be a significant increase in the number and type of competition-based damages claims brought in the U.K., with a corresponding increase in the likelihood that businesses will find themselves as claimants or defendants in such actions, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Qualcomm Transforms SEP-Licensing Landscape In China

    Lewis Ho

    Other than the record-setting penalty, one of the most significant implications of China's Qualcomm Inc. decision is that it was the first instance in which an anti-monopoly enforcement agency in China has stated and recognized that holders of standard-essential patents have a dominant market position, and that licensing of technologies may constitute monopolistic conduct, say Lewis Ho and Monique Lee of Dechert LLP.

  • Some Problems With Sen. Menendez's 'Friendship Defense'

    Randall Eliason

    The corruption case against Sen. Robert Menendez, D-N.J., is a quintessential white collar case, in that what it boils down to is not what happened but why. The critical question is whether it was friendship alone that led to the gifts. For a number of reasons, I think the “friendship defense” is unlikely to fly, says Randall Eliason, a law professor and former federal prosecutor.

  • Importing PeaceHealth To Tying: Collins V. Kodak

    Suzanne Wahl

    Unlike any other appellate court, the Sixth Circuit in Collins Inkjet Corp. v. Eastman Kodak Co. last month applied the discount attribution test announced in the Ninth Circuit’s Section 2 bundled-discount PeaceHealth decision. Most surprising, the court applied this usually defendant-friendly standard to uphold a preliminary injunction preventing the continued use of the tie, say Suzanne Wahl and Steve Cernak of Schiff Hardin LLP.

  • Playing In Peoria: Hospital Exclusive Dealing Case Proceeds

    Dionne Lomax

    In Peoria, Illinois, a small hospital’s antitrust suit alleging illegal exclusive dealing and attempted monopolization against its largest competitor — Methodist Health Svcs. Corp. v. OFS Healthcare System — has the potential to create important precedent and guidance regarding the use of exclusive contracts, particularly when employed by parties with market power, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Inside The IEEE’s Important Changes To Patent Policy

    Deepa Sundararaman

    The recent amendments to the Institute of Electrical and Electronics Engineers Standards Association's patent policy are significant and attempt to clarify the definition of reasonable and nondiscriminatory licensing. Reactions to the changes have been fast, furious and split, says Deepa Sundararaman of Berkeley Research Group LLC.

  • A Comparison Of Anti-Corruption Laws In US, UK, Brazil

    Richard C. Smith

    For multinational companies operating globally, Brazil's Clean Company Act, the Foreign Corrupt Practices Act and the U.K. Bribery Act present a framework of overlapping and differing corruption regimes, say attorneys with Norton Rose Fulbright.

  • Duperval And DOJ’s Expansive Approach To Foreign Bribery

    Ryan Rohlfsen

    The Eleventh Circuit’s recent affirmation in U.S. v. Duperval likely means that the U.S. Department of Justice will continue seeking to assert the Money Laundering Control Act as an anti-bribery enforcement tool. The threat posed by this tactic reaches not only corrupt foreign officials, but also companies and possibly individuals involved in bribing them, say attorneys with Ropes & Gray LLP.

  • EU Pushes Boundaries Of What Amounts To A Cartel

    Yves Botteman

    The European Court of Justice's recent ruling against Dole Food Co. Inc. is another case for those who struggle with the concept of “concerted practices.” The European Commission has expanded the concept to cast the net so wide that it can prosecute as hard-core cartels information exchanges whose content would bear little connection to final prices, say Yves Botteman and Laura Atlee of Steptoe & Johnson LLP.