Competition

  • May 25, 2017

    Global Regulators Set FX Market Conduct Code After Scandals

    Central bankers and foreign exchange players on Thursday unveiled a voluntary global code of conduct establishing good practices for wholesale foreign exchange markets, hoping to restore faith in a $5 trillion daily market beset by several enforcement probes and antitrust litigation alleging manipulation.

  • May 24, 2017

    Ex-Heritage Execs To Help States Probe Drug Price-Fixing

    Two former Heritage Pharmaceuticals Inc. executives have agreed to cooperate with 41 states in their ongoing investigation and litigation regarding possible antitrust activity in the generic drug industry, various state attorneys general said Wednesday.

  • May 24, 2017

    Matsuo’s $4M Bid-Rigging Fine A ‘Sweetheart Deal’: Judge

    A California federal judge called Matsuo Electric Co. Ltd.’s $4.17 million criminal fine a “sweetheart deal” at a Wednesday sentencing hearing on charges it fixed prices of electrolytic capacitors, and said he’d need information on the company’s financial status before deciding whether a five-year payment plan for the fine was necessary.

  • May 24, 2017

    Novo Nordisk, Benefit Co. Conspired To Hike Prices, Suit Says

    Drugmaker Novo Nordisk Inc. and pharmacy benefit manager OptumRx Inc. have conspired to artificially inflate the price of a Type 2 diabetes medication, forcing patients to pay more than they normally would for the treatment, according to a proposed class action filed Tuesday in California federal court.

  • May 24, 2017

    BNP Paribas Pays $350M To Settle NY Currency Probe

    French bank BNP Paribas was fined $350 million by the New York State Department of Financial Services for lax oversight in its foreign-exchange business that allowed “nearly unfettered misconduct” by more than a dozen employees involved in exchange rate manipulation, officials announced Wednesday.

  • May 24, 2017

    US Steel Producers, Manufacturers Differ On Import Controls

    Not everyone is excited by the prospect of a more aggressive approach to trade enforcement, with domestic manufacturers and foreign trade representatives speaking out Wednesday at a U.S. Department of Commerce public hearing on the national security impacts of steel imports.

  • May 24, 2017

    9th Circ. Won’t Revive Regal 1st-Run Films Antitrust Suit

    The Ninth Circuit on Tuesday declined to revive claims by an independent movie chain that Regal Entertainment Group used its market power to secure exclusive licenses from film distributors, saying there is no evidence Regal restricted competition and that another amended complaint would be futile.

  • May 24, 2017

    Pilots, Flight Attendants Urge Trump To Take On Gulf Carriers

    North American pilot and flight attendant unions continued their fight Wednesday against illegal subsidies that Qatar and the United Arab Emirates are allegedly pumping into three state-owned airlines, urging the Trump administration to enforce the U.S.’ Open Skies agreements to preserve competition for domestic carriers.

  • May 24, 2017

    Euribor Six's London Trial Pushed Back 4 Months

    The London trial for six former Deutsche Bank AG and Barclays PLC bankers accused of rigging a key European interest rate benchmark has been postponed by four months to January 2018, according to the Serious Fraud Office website.

  • May 24, 2017

    Competition, Insurance QCs Among 21 To Join UK High Court

    The British judiciary has named 21 new part-time deputy judges to London's High Court, including several barristers specializing in competition, banking, insurance and international arbitration.

  • May 23, 2017

    Apple, Nokia Deal Resolves Slew Of Video Patent Suits

    Apple and Nokia set aside their differences and reached a business deal to end sprawling patent litigation that accused the California-based iPhone maker of infringing 40 Nokia patents for video coding, compression and other technologies, the companies said Tuesday.

  • May 23, 2017

    High Court Asked To Review Car Shipping Price-Fix Dispute

    Truck and equipment dealers and other buyers of vehicles transported by maritime shipping companies on Tuesday asked the U.S. Supreme Court to overturn a Third Circuit ruling that shipping companies are immune from allegations of a conspiracy to stifle competition and fix prices for vehicle transportation.

  • May 23, 2017

    Cubs, Rooftop Owners Spar Over Stadium Views At 7th Circ.

    The Chicago Cubs and a group of Wrigley Field-area rooftop owners went before the Seventh Circuit on Tuesday to argue whether the baseball team broke a contract when it broke the owners' stadium sight lines in an alleged bid to monopolize game views.

  • May 23, 2017

    Rate-Swap Class Plaintiffs Paint Big-Dollar Damages Picture

    A Manhattan federal judge sought Tuesday to assess the size of a potential class action alleging a dozen megabanks including Goldman Sachs Group Inc. and Bank of America Corp. colluded to block startup trading platforms from entering the giant market for interest rate swaps, after a plaintiffs-side lawyer alluded to potential billion-dollar damages.

  • May 23, 2017

    DOJ Antitrust Division, FTC Propose Cutting Employees

    The U.S. Department of Justice’s antitrust division and the Federal Trade Commission on Tuesday recommended that their funding levels be kept mostly the same in fiscal year 2018 but proposed to reduce staffing following President Donald Trump’s request for government agencies to cut federal workers.

  • May 23, 2017

    Auto Parts Supplier Settles Price-Fixing Claims For $7.6M

    End payors on Monday asked a Michigan federal judge to approve a proposed $7.6 million deal to settle claims in multidistrict litigation that an automotive bearings supplier and its Swedish affiliates participated in a price-fixing scheme with manufacturers in the U.S., Japan and Germany.

  • May 23, 2017

    Judge Greenlights Merck's $60M Deal In Pay-For-Delay MDL

    A New Jersey federal judge on Tuesday gave his preliminary approval to a $60.2 million settlement among Merck & Co. Inc., Upsher-Smith Laboratories Inc. and direct purchasers of the potassium supplement K-Dur, which will end long-running multidistrict litigation accusing the drug companies of engaging in a pay-for-delay scheme.

  • May 23, 2017

    40 States Defend Power To Bring Generic-Drug Price-Fix Suit

    Forty states on Monday defended their lawsuit against six generic-drug manufacturers alleging they divided the market and fixed the price of an antibiotic and a diabetes treatment, saying they have the authority to seek an injunction and monetary relief under federal antitrust law.

  • May 23, 2017

    UK Watchdog Accuses Merck Of Arthritis Drug Scheme

    The U.K.'s Competition and Markets Authority provisionally found Tuesday that pharmaceutical company Merck Sharp & Dohme Ltd. has operated an anti-competitive discount scheme for its popular brand-name arthritis medicine Remicade in an attempt to keep rival generic drugs off the market.

  • May 22, 2017

    Damage Calculations Trimmed In Provigil Pay-For-Delay Row

    A Pennsylvania federal judge has agreed to trim damage calculations put forward by an expert for Apotex Inc. in a dispute over how it was impacted by generic Provigil pay-for-delay deals it is challenging in court, ruling that two of the three offered calculations that relied on questionable assumptions.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • The Efficiencies Defense: What Would High Court Do?

    Joe Miller

    Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Merger Notification In China And The Statute Of Limitations

    Wei Huang

    There are two approaches to Chinese law regarding failure to declare concentration — one is that businesses will no longer face anti-monopoly risk after two years, and the other is that they could still face risk after two years. As seen in the recent Cummins case, China's Ministry of Commerce clearly prefers the latter, say attorneys with Tian Yuan Law Firm.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 2

    Enzo Marasà

    U.S.-based companies distributing their products online or setting up e-retail platforms in the EU must pay particular attention to how they select online distribution partners, as well as what type of sales restrictions they impose or agree to, if they want to avoid legal trouble, says Enzo Marasà of Portolano Cavallo.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 1

    Enzo Marasà

    U.S.-based manufacturers and retailers who want to sell in the EU face legal challenges in selecting and controlling their distribution networks, particularly with regard to online sales. All stakeholders must understand the restrictions imposed by Article 101 of the Treaty on the Functioning of the European Union, which prohibits anti-competitive agreements, says Enzo Marasà of Portolano Cavallo.