In the four years since the U.S. Supreme Court's monumental decision in Federal Trade Commission v. Actavis, pay-for-delay lawsuits have been on the cutting edge of antitrust law, but attorneys who work in the area say there are signs that the litigation is waning as pharmaceutical companies turn away from reverse payment settlements and drug buyers mull over adverse rulings.
A budget hotel operator told the Second Circuit on Tuesday that it created a "fundamentally unworkable rule of law" in bankruptcy cases when ruling earlier this month that the operator is precluded from asserting rate-rigging claims against the Royal Bank of Scotland because it never mentioned them during a since-concluded bankruptcy case.
Britain's $8 trillion asset management sector will undergo a series of significant reforms, regulators said Wednesday, which attorneys believe will trigger a sea change in the market as new rules confronting price collusion and cartel-like behavior prompted the push for greater transparency.
Pfizer and a proposed class of direct purchasers who allege the drugmaker used fraudulent patents to delay generic-drug competition for its Celebrex painkiller filed dueling motions for summary judgment in Virginia federal court Tuesday about whether Pfizer was wrongly reissued an invalid patent.
Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.
Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the title holder should come as no surprise to court watchers.
The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.
Britain’s pensions consultants have failed to fend off a likely antitrust probe later this year, as the U.K.’s financial watchdog on Wednesday rejected a series of industry pledges designed to prevent an investigation and recommended that investment advisers be absorbed into its regulatory remit.
Toshiba told a Tokyo court that its joint venture partner, California-based Western Digital, is overstating its consent right to the Japanese company’s anticipated memory business divestiture in an effort to derail the roughly 2 trillion yen ($17.9 billion) transaction, calling the behavior anti-competitive, according to a Wednesday statement.
Britain’s Financial Conduct Authority proposed a major package of remedies on Wednesday designed to clean up the U.K.'s £7 trillion ($8.6 trillion) asset management sector, including conduct codes similar to rules governing banking and insurance.
International Paper Co. has agreed to pay $354 million to settle a seven-year class action accusing it and other containerboard manufacturers of colluding to suppress supply and increase prices, according to a proposed settlement agreement filed in Illinois federal court Tuesday.
The U.S. Department of Justice has charged three executives at a Norwegian shipping company for their alleged roles in a conspiracy to rig bids and fix prices on shipping services for international cargo, according to an indictment unsealed by a Maryland federal court Tuesday.
In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.
“Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.
While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.
The European Union's antitrust watchdog on Tuesday slapped Google Inc. with a record €2.4 billion ($2.72 billion) fine over practices related to its shopping service, launching an opening salvo in what is sure to be a drawn-out conflict that will exacerbate perceptions U.S. companies are being unfairly targeted by overseas enforcers.
The U.K.’s antitrust watchdog on Tuesday said that Heineken NV’s proposal to sell pubs in 33 locations around Great Britain may alleviate the watchdog’s concerns over the Dutch brewer's £305 million ($388.9 million) acquisition of 1,900 Punch Taverns PLC pubs.
A California federal judge on Monday rejected Qualcomm's request to dismiss the Federal Trade Commission's suit claiming the chipmaker illegally used its licensing agreements' key patents to monopolize the market.
Express Scripts Inc. urged a Missouri federal judge Monday to reject HM Compounding Services LLC’s request that it waive privilege for 6,500 documents in an antitrust suit alleging the pharmacy benefit manager pushed compounding pharmacies out of the market.
The European Union’s antitrust regulator on Tuesday imposed a record €2.4 billion ($2.7 billion) fine on Google over allegations that the tech giant violated the bloc’s antitrust laws by steering users toward its own comparison-shopping service in searches.
Minor league baseball players struck out Monday in the Ninth Circuit with claims that Major League Baseball unlawfully colludes to restrict their pay, yet plaintiffs’ attorneys plan to fight on, possibly setting the stage for U.S. Supreme Court review of the sport's nearly century-old antitrust exemption.
The experience of the past decade simply has not borne out the U.S. Supreme Court dissent’s prediction that Leegin “will likely raise the price of goods at retail” and “create considerable legal turbulence as lower courts seek to develop workable principles,” says Michael Lockerby, co-leader of Foley & Lardner LLP's distribution and franchise practice group.
China’s June 2016 resolution to create a more market-oriented economy encouraging fair competition has started to materialize. However, discord exists among the local government implementation efforts, say Shelley Zhang and Lingren Meng of Orrick Herrington & Sutcliffe LLP.
In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.
The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.
In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.
Given Whole Foods' relatively small presence in the grocery industry, the idea that this deal gives Amazon an unfair advantage in either the physical or online market appears overblown. Equally overblown appear to be concerns that the transaction will result in buyer power, says Lisl Dunlop of Manatt Phelps & Phillips.
It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.
Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.
Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.
The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.