Competition

  • January 19, 2017

    MasterCard Says Variety Kills Class Action Aims For £14B Suit

    A £14 billion ($17.2 billion) consumer antitrust suit against MasterCard over swipe fees shouldn't proceed as a class action because the estimated 46 million claims don't have enough in common, lawyers for the credit card company told a London tribunal Thursday.

  • January 18, 2017

    Yazaki Settles Car Parts Antitrust Claims For $212M

    Japanese automotive parts supplier Yazaki Corporation and Chiyoda Manufacturing Corporation agreed on Wednesday to pay $212 million and $1.15 million, respectively, to settle a lawsuit in Michigan federal court with purchasers of their products alleging the companies conspired to fix prices for in-car electronic systems.

  • January 18, 2017

    Bio-Rad’s Ex-GC Testifies CEO Resisted FCPA Investigation

    The former general counsel for Bio-Rad Laboratories Inc. took the stand in his retaliation suit accusing the life sciences company of firing him for reporting possible Foreign Corrupt Practices Act violations related to payments in China, testifying that Bio-Rad’s CEO resisted his attempts to investigate possible wrongdoing.

  • January 18, 2017

    Newark Beats Taxi, Limo Cos. Suit Over Uber Agreement

    The city of Newark on Wednesday beat a suit brought against it by a group of New Jersey taxicab and limousine companies over the city's agreement allowing Uber Technologies Inc. to operate outside of regulations that the taxi and limo companies must follow, after a federal judge dismissed the case.

  • January 18, 2017

    UK Watchdog Weighing MasterCard, VocaLink Deal Remedies

    The U.K.’s competition watchdog is weighing whether or not MasterCard and VocaLink’s offer to lower the cost to the Link ATM network of switching to an alternative payment infrastructure supplier is enough to alleviate its antitrust concerns surrounding the combination, according to a Wednesday statement.

  • January 18, 2017

    Duke Energy To Pay To Resolve Feds' 'Gun-Jumping' Claims

    Duke Energy Corp. has agreed to pay $600,000 in civil penalties to settle the U.S. Department of Justice’s allegations that it took control of a natural gas-fired power plant in Florida from Calpine Corp. before a mandatory waiting period for antitrust review had lapsed, the department announced on Wednesday.

  • January 18, 2017

    Merck Says K-Dur Buyers Can't Save Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have asked a New Jersey federal court to deal them a quick win in long-running pay-for-delay litigation over potassium supplement K-Dur, saying direct purchasers of the medication can’t prove the drug was a market unto itself and that they were wrongly edged out of that market.

  • January 18, 2017

    Med Device Co. Pays $14M Over Accounting, FCPA Violations

    Texas-based medical device company Orthofix International will pay $14 million in disgorgement and penalties and admit wrongdoing for improperly booking revenue and paying off Brazilian doctors to boost sales, the U.S. Securities and Exchange Commission said Wednesday.

  • January 18, 2017

    Del. Justices Kick Wal-Mart Investor Suit To Chancery

    The full Delaware Supreme Court on Wednesday criticized the lack of coordination between investors’ attorneys from two separate suits targeting an alleged Wal-Mart Mexico bribery scandal, ordering a lower court to contemplate whether one shareholder group’s rights were violated by the other’s case.

  • January 18, 2017

    3rd Circ. Rules Car Shippers Immune From Antitrust Suit

    The Third Circuit on Wednesday affirmed the dismissal of litigation accusing several international shipping companies of fixing prices for transporting vehicles, saying that the federal Shipping Act preempts state and federal antitrust claims.

  • January 18, 2017

    Qualcomm Slapped With Antitrust Class Action After FTC Suit

    A group of consumers hit Qualcomm Inc. with a proposed class action Wednesday alleging it has a monopoly on modem chipset technology that resulted in inflated retail prices for cell phones and other devices, closely following a Federal Trade Commission challenge to the company’s practices.

  • January 18, 2017

    Mallinckrodt Inks $100M Antitrust Deal With FTC, States

    Mallinckrodt PLC has agreed to pay $100 million to end accusations by the Federal Trade Commission and several states’ attorneys general that it acquired the U.S. rights to an infant seizure drug that competed with its own Acthar, allowing it to dramatically raise prices, the FTC said Wednesday.

  • January 18, 2017

    FERC Got Market Order Wrong, TransCanada Gas Unit Says

    The Federal Energy Regulatory Commission wrongly refused to let the U.S. natural gas storage unit of pipeline giant TransCanada Corp. charge market-based rates for its services, based on erroneous competition concerns, the unit told the D.C. Circuit on Tuesday.

  • January 18, 2017

    CBS Presses FCC To Restore Ownership Cap Exception

    CBS Corp. wants the Federal Communications Commission to reinstate posthaste a break given to UHF station owners on media ownership cap rules, arguing Tuesday that the agency nixed the exception without “a shred of evidence” of public harm.

  • January 18, 2017

    FTC Fines Investors For Missing Premerger Notifications

    The Federal Trade Commission has fined a hedge fund manager and an entrepreneur a total of $900,000 for violating merger notification rules by failing to report substantial share purchases, the agency announced on Tuesday.

  • January 18, 2017

    Regulators Want Multiple Providers In UK Payments Market

    Britain’s payments and banking watchdogs told lawmakers Wednesday that the agencies want to open up the provision of national payments infrastructure to multiple providers operating simultaneously by 2020, to radically increase competition in the sector.

  • January 18, 2017

    Consumers Fight For £14B MasterCard Antitrust Class Suit

    Lawyers handling a £14 billion ($17 billion) consumer antitrust class action over MasterCard's swipe fees told a London tribunal Wednesday that retailers’ successful claims that they swallowed the costs themselves don’t amount to a fatal flaw in the consumer case.

  • January 18, 2017

    EU Officials See 'Very Difficult' UK Brexit Talks Ahead

    Top European Union officials predicted Wednesday that Brexit negotiations with the U.K. will be arduous and leave Britain with poorer EU trade relations than it now enjoys as a member of the bloc. 

  • January 17, 2017

    Bio-Rad Fired GC For FCPA Leak, Jury Told At Trial’s Start

    A lawyer for Bio-Rad Laboratories Inc.’s ex-general counsel told a California federal jury during opening arguments in his retaliation suit Tuesday that the company fired him for blowing the whistle on its Foreign Corrupt Practices Act compliance in China, while Bio-Rad countered that he was an ill-tempered lawyer terminated for incompetence.

  • January 17, 2017

    Drug Cos. Aim To Force Market Discovery In Loestrin MDL

    Warner Chilcott PLC and other defendants in multidistrict litigation challenging alleged pay-for-delay settlements over contraceptive Loestrin moved Friday in Rhode Island federal court to force a group of buyers to give up information that may shed light on whether the drug is a market unto itself.

Expert Analysis

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Asset Swap Transactions In The Antitrust Crosshairs

    Meytal McCoy

    While companies may think they are in the antitrust clear with asset swap transactions, two recent divestiture orders make clear that regulators will apply the same rigorous antitrust analysis in such deals as they would in a traditional merger or acquisition, says Meytal McCoy of Mayer Brown LLP.

  • Pay-To-Play Lessons From This Week's SEC Settlements

    Charles Borden

    The U.S. Securities and Exchange Commission’s settlements with 10 investment advisory firms relating to violations of the SEC’s pay-to-play rule may be a preview of things to come. Although none of the 10 cases announced Tuesday involved a major penalty, the real economic cost of the violations is likely to be much higher, say attorneys with Allen & Overy LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • No Anti-Competitive Intent, No Treble Damages: A Proposal

    Veronica Lewis

    Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.

  • The Implications Of Insureds' Illegal Conduct

    Deepa T. Sutherland

    Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)