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Competition
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April 24, 2013
Michelin Hit With Fraud, RICO Suit Over Tire Scheme
A truck tire retailer accused Michelin North America Inc. of fraud, racketeering and breach of contract in New Jersey federal court Tuesday, alleging Michelin managers provided steep discounts intended only for trucking fleets to rival tire dealers in an attempt to drive the plaintiff out of business.
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April 24, 2013
Medical Board Cons Docs Into Recertification, Suit Says
The Association of American Physicians & Surgeons Inc. hit the American Board of Medical Specialties with an antitrust lawsuit in New Jersey federal court on Wednesday, saying ABMS forces physicians to spend enormous amounts of money to comply with a proprietary recertification program as part of a money-making scheme.
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April 24, 2013
5 Tips To Make A Strong Competitor Complaint
With complaints from rivals leading to high-profile antitrust investigations on both sides of the Atlantic, it has become clear that a strong competitor complaint can help convince regulators to take action.
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April 24, 2013
Penguin Can't Get Jury Trial In States' E-Book Antitrust Suit
Penguin Group USA Inc. must take part in a bench trial of claims that Apple Inc. helped publishers fix e-book prices, a New York federal judge ruled Wednesday, saying the publisher forfeited its jury trial rights in a damages dispute with several states.
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April 24, 2013
Pharma Cos. Get Cert. In MDL Over Generic Prograf Delays
A Massachusetts federal judge on Tuesday certified a class of pharmaceutical companies in multidistrict antitrust litigation that accuses Astellas Pharma US Inc. of keeping a generic version of its immunosuppressant Prograf off the market, forcing the plaintiffs to pay higher prices for the drug.
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April 24, 2013
Omnicare Faces Probe Over Possible FCA Offenses, Kickbacks
Omnicare Inc. on Wednesday said the U.S. Department of Justice is investigating whether the pharmaceutical giant has violated the False Claims Act or federal anti-kickback law in connection with the company’s consumer collections practices.
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April 24, 2013
Alioto Claims $47M Fee Objection Ghostwritten By Lender
Plaintiffs attorney Joseph M. Alioto accused LFG National Capital LLC on Tuesday of ghostwriting a recent objection urging a federal judge to void his firm's $47 million fee award in multidistrict price-fixing litigation in a bid to bolster its $28 million loan debt claim.
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April 24, 2013
Dairy Groups Lose Bid To Ship Milk Antitrust Case To Calif.
An Illinois federal judge on Wednesday refused to transfer to California a putative class action alleging that dairy producers conspired to raise milk prices, saying that keeping the case in Illinois would be more convenient for witnesses and move things along more quickly.
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April 24, 2013
K&L Gates Adds 2 From Jackson Walker, Haynes And Boone
K&L Gates LLP has hired two new partners from Jackson Walker LLP and Haynes and Boone LLP to serve in its antitrust and bankruptcy practices in Houston, the firm announced Wednesday.
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April 24, 2013
UK Watchdog Wary Of BlackRock-Credit Suisse Unit Merger
U.K. competition authorities are taking a look at BlackRock Inc.'s plan to purchase Credit Suisse AG's exchange-traded funds business, the country's antitrust agency said Wednesday.
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April 24, 2013
Lead Attys Named In Blue Cross Antitrust MDL
An Alabama federal judge on Tuesday appointed attorneys to represent health care providers and plan subscribers in a multidistrict antitrust litigation accusing Blue Cross Blue Shield Association and its member plans of restraining competition by divvying up geographic markets.
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April 24, 2013
Q&A With Anderson Kill's Larry Kill
Given the high stakes in antitrust class actions, in which plaintiffs are entitled to treble damages, we need better and somewhat tighter rules regarding who has standing to sue, says Lawrence Kill, chairman of Anderson Kill & Olick PC's corporate and commercial litigation group.
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April 24, 2013
Parking Co. Sues Rival For Defamation In Trade Secrets Row
Park Plus Inc., a maker of automated and mechanical parking garage systems, launched suit in New Jersey federal court Tuesday accusing rival Boomerang Systems Inc. of engaging in an anti-competitive public smear campaign with unfounded claims that Park Plus misappropriated trade secrets and proprietary technology.
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April 24, 2013
Baker & McKenzie Snags Sidley Austin Antitrust Expert
Baker & McKenzie LLP has beefed up its litigation practice by adding a former Sidley Austin LLP partner with expertise in complex commercial, antitrust, class action and white collar matters, it said Wednesday.
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April 23, 2013
High Court Won't Hear Keyspan Price-Gouging Suit
The U.S. Supreme Court on Monday declined to review the dismissal of a consumer’s putative antitrust class action alleging KeySpan Corp. used a complex financial transaction with Morgan Stanley Capital Group Inc. to gouge New York City electricity buyers.
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April 23, 2013
Highmark Objects To Giving UPMC $5M Antitrust Deal Docs
Highmark Inc. said Tuesday that a court-appointed special master in Pennsylvania federal court erred in ordering the health insurer to provide documents relating to a proposed $5 million settlement to its co-defendant in an antitrust class action, the University of Pittsburgh Medical Center, arguing the communications are protected.
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April 23, 2013
Dealers Hit Carfax With $50M Suit Over Auto Report Monopoly
More than 120 auto dealers hit Carfax Inc. with a $50 million lawsuit in New York federal court Monday, claiming the company has created a monopoly in the vehicle history report market and has lowered the reliability of VHRs while increasing the price.
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April 23, 2013
LCD Maker Says EU Inflated €300M Cartel Fine
Chimei Innolux Corp. will tell a European Union court Wednesday that the European Commission improperly inflated its €300 million ($390 million) price-fixing penalty by considering liquid crystal display panels sold outside the bloc.
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April 23, 2013
Argentina Wants Names In Ralph Lauren Bribery Case
Argentina on Tuesday said it wants the U.S. Securities and Exchange Commission to identify Argentine officials who took bribes from Ralph Lauren Corp. and provide proof of the scheme, after the company agreed to pay over $1.6 million to U.S. authorities for violating the Foreign Corrupt Practices Act.
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April 23, 2013
Time Fails In Anderson Sanctions Bid Over Disputed Meeting
A New York federal judge on Tuesday refused to award sanctions against Anderson News LLC despite allegations from Time Inc. and others accused of sinking the defunct magazine wholesaler that Anderson fabricated the occurrence of a conspiratorial meeting in a court filing.
Expert Analysis
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How Direct Purchasers Fit Into Walker Process Landscape
In Ritz Camera & Image LLC v. SanDisk Corp., the Federal Circuit decisively held that a direct purchaser has standing to bring a Walker Process claim, even where the purchaser lacks standing to bring a declaratory judgment action challenging the enforceability of the patent, opening the door to direct-purchaser claims based on fraud on the U.S. Patent and Trademark Office. But direct purchasers who wish to pursue a Walker Process claim still face challenges, say attorneys with Robins Kaplan Miller & Ciresi LLP.
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DOJ Merger Challenge Highlights Danger Of Bad Documents
The U.S. Department of Justice has filed an antitrust lawsuit challenging a June 2012 transaction combining two providers of product rating and review platforms used to collect and display consumer-generated online product feedback. The DOJ’s reliance on internal company documents should remind parties of the need for caution and restraint in what they say about a target or potential transaction. “Hot” documents can be crucial to the outcome of any antitrust matter, say attorneys with Jones Day.
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FCPA Lessons From The Allianz Settlement
Although the settlement amount in the Allianz SE case is relatively small, it is the first major Foreign Corrupt Practices Act settlement since the U.S. Securities and Exchange Commission and the U.S. Department of Justice published the FCPA guidance. As such, the case provides some insight into two issues addressed in the guide — the requirements for corporate mens rea and the elements of an effective compliance program, say attorneys with Sheppard Mullin Richter & Hampton LLP.
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Implications Of FTC Victory In Health Centers Acquisition
Just three days after the Federal Trade Commission issued its complaint, the Reading Health System and the Surgical Institute of Reading LP abandoned their proposed acquisition. This FTC victory provides more valuable insight into how antitrust enforcement agencies are evaluating the increasing number of consolidations within the health care industry, particularly after the passage of the Affordable Care Act, say attorneys with Sheppard Mullin Richter & Hampton LLP.
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Pharmaceutical Product Switching: Antitrust Pitfalls
Product switching can be a strong tool for branded pharmaceutical companies to protect market share in the face of generic competition. However, antitrust issues can arise when the strategy is used in an unjustified, anti-competitive manner that goes beyond the scope of the patent, say Paul Ragusa and Dennis Bissonnette of Baker Botts LLP.
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Inside The Latest Hong Kong Anti-Bribery Efforts
Although recent enforcement activities in Hong Kong — such as the prosecution of Sun Hung Kai Properties co-chairmen Thomas and Raymond Kwok — have raised the specter of the kind of high-level corruption charges that have not been leveled in decades, Hong Kong remains well regarded by international corruption watchdogs, and foreign investors generally see it as offering a transparent business environment, say attorneys with Debevoise & Plimpton LLP.
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Supreme Court Spotlight: Sex, Race And ... Commerce
While the U.S. Supreme Court docket this term boasts a number of cases addressing affirmative action and discrimination — exactly those social issues that extinguish light upon all other matters — the court will also review some major commercial cases that again bring to the forefront important disputes in class certification. As we wait for decisions and assess implications, it is useful to consider what is at issue for the corporate bar, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
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Questions Raised By China’s International Cartel Action
On Jan. 4, China’s National Development and Reform Commission imposed fines of more than $56 million on six international manufacturers of liquid crystal display panels for price-fixing in connection with the so-called LCD cartel. This is the first time that Chinese antitrust regulators have imposed a fine on participants in an international price-fixing cartel, and it may signal the start of more vigorous enforcement in China against price-fixing, say attorneys with Jones Day.
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A Stark Reminder Of Merger Control Rules From EU Court
The EU General Court's recent decision in the Electrabel case sends a strong message to business that competition authorities around the world apply a zero-tolerance policy to companies that fail to identify transactions that require merger control notification and to observe mandatory waiting periods prior to completion, says Peter Citron of Hogan Lovells LLP.
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What We Learned About The UK Bribery Act In 2012
Although 2012 did not bring a major prosecution under the U.K. Bribery Act, it was not without noteworthy events. Self-reporting to the U.K. Serious Fraud Office previously was considered by some as a somewhat benign exercise, but the SFO's latest guidance emphasizes that, in determining whether or not to prosecute, the fact that a company has reported itself will be a relevant consideration, says Raymond Sweigart of Pillsbury Winthrop Shaw Pittman LLP.