Competition

  • September 22, 2017

    Soccer Antitrust Suit A Long Shot To Dethrone MLS

    An antitrust suit is seeking to upend the unique hierarchical structure that keeps Major League Soccer on top as the nation’s premier league, but experts say claims that the system is unfairly icing out other worthy leagues must overcome arguments that it actually promotes competition.

  • September 22, 2017

    Supreme Court Competition Appeals To Watch

    The U.S. Supreme Court on Monday will be considering whether to review a Second Circuit decision siding with American Express over the company's anti-steering rules and mulling other appeals in antitrust litigation. Here, Law360 provides a preview of certiorari petitions to watch in competition cases as the high court kicks off another term.

  • September 22, 2017

    UK Clears Cardtronics' $460M DirectCash Buy

    The U.K.'s antitrust watchdog on Friday said it has approved Texas-based Cardtronics Inc.'s $460 million acquisition of DirectCash Payments Inc. after an independent panel found that various factors could prevent the pair from hiking surcharges at their ATMs. 

  • September 22, 2017

    Hospital Group Seeks To DQ Rival's Atty In Antitrust Suit

    Southern Illinois Healthcare asked an Illinois federal judge Thursday to disqualify the lead attorney bringing an antitrust suit against the hospital chain, saying he is also a key witness in the case and responsible for much of the plaintiff’s business affairs.

  • September 22, 2017

    Walgreens, Benefits Manager Hit With $1.5B Antitrust Suit

    A neighborhood pharmacy in Chicago hit benefits manager Prime Therapeutics and Walgreens with a $1.5 billion antitrust suit in Illinois federal court on Thursday alleging they are working together to push the mom-and-pop shop out of the market through an anti-competitive agreement.

  • September 22, 2017

    Qualcomm Nabs Former FTC Official For IP, Antitrust Policy

    Qualcomm Inc. has bolstered its ranks with the addition of a former Federal Trade Commission official and prior director of George Mason University’s Global Antitrust Institute, who is now serving as the company’s director of intellectual property and competition policy. 

  • September 22, 2017

    EU Urges UK To Finally Set Out Its Brexit Expectations

    The European Union’s chief Brexit negotiator welcomed Theresa May’s “constructive” speech on Britain’s exit from the EU on Friday, but urged the U.K.'s prime minister to swiftly establish a precise negotiating position.

  • September 22, 2017

    UK's May Pitches Transition Period To Break Brexit Deadlock

    British Prime Minister Theresa May on Friday proposed a two-year transition period following Britain’s exit from the European Union that would see the country's current regulatory framework stay in place until 2021.

  • September 21, 2017

    DOJ OKs Banks’ Creation Of Real-Time Payment System

    A group of two dozen banks are free to create a real-time payment system, which will allow immediate transfers between various financial institutions, the U.S. Department of Justice announced Thursday.

  • September 21, 2017

    UnitedHealth Asks 8th Circ. To Rehear $350M Insurance Feud

    UnitedHealth Group Inc. on Wednesday urged the Eighth Circuit to take one more look at its decision that the health insurance giant's excess insurers don’t have to contribute to the $350 million it is shelling out to settle two class actions, saying the panel had failed to consider the evidence that made its case.

  • September 21, 2017

    Italy's €183M Pharma Antitrust Case Gets Boost From EU AG

    Two drugs marketed to treat wildly different conditions may still be competitors under European Union antitrust law if doctors use one off-label for the other ailment, an adviser to the bloc's highest court suggested Thursday in an opinion supporting a €183 million fine against Roche and Novartis.

  • September 21, 2017

    Dental Supply Co. Escapes Price-Fixing Claims In NY

    Burkhart Dental Supply Co. on Wednesday avoided a suit brought by a proposed class of dentists alleging it and three other dental supply companies engaged in a price-fixing conspiracy, with a New York federal judge saying the company lacked enough of a connection to the state to be sued there.

  • September 21, 2017

    3rd Circ. Lets GSK Win Stand In Wellbutrin Pay-For-Delay Row

    The Third Circuit on Wednesday turned down requests by buyers of Wellbutrin XL to redo its August decision upholding a win for GlaxoSmithKline PLC in litigation accusing the company of delaying generic competition for the antidepressant.

  • September 21, 2017

    EU Seeks To Tax Online Businesses Where Profits Are Earned

    The European Union’s competition watchdog launched an agenda Thursday seeking agreement among the bloc's member countries to tax digital businesses where they earn profits, regardless of their physical location.

  • September 21, 2017

    UK Antitrust Watchdog Begins Investment Consultancy Probe

    Britain’s competition watchdog launched a major antitrust probe of the investment consultancy industry on Thursday, when it presented investigators and their areas of focus.

  • September 20, 2017

    DLA, Baker Slam Philly Firm's Fraud And Excess Fee Suit

    A Philadelphia-based personal injury firm wants to establish a new and flawed standard for a lawyer's duty to predict defeat in a lawsuit, DLA Piper said in a Tuesday filing in Pennsylvania, while BakerHostetler argued that the firm's suit was targeting work largely done at DLA Piper.

  • September 20, 2017

    Why A Rare Tie Vote Doesn't Foretell Roadblocks At FTC

    Tuesday's decision to let Walgreens forge ahead with its $4.4 billion acquisition of nearly 2,000 Rite Aid stores highlights the inherent risk of leaving the Federal Trade Commission with just two top decision makers, but the split's rarity underscores how well the agency has continued to function even with a historically high number of vacancies.

  • September 20, 2017

    Fox's $14B Sky Merger Referred To UK Watchdog For Probe

    The United Kingdom’s secretary of state for culture, media and sport referred on Wednesday 21st Century Fox Inc.'s $14.4 billion takeover of Sky PLC to the government’s regulatory watchdog, asking the agency to examine how the deal could impact broadcasting standards across the country.

  • September 20, 2017

    J&J Blocking Remicade Biosimilar Sales, Pfizer Says

    Pfizer Inc. can't break into the market with its biosimilar version of Johnson & Johnson's blockbuster biologic Remicade, as J&J and its subsidiary Janssen Biotech Inc. have been holding on to a monopoly through a multifaceted anti-competitive campaign, Pfizer told a Pennsylvania federal court Wednesday.

  • September 20, 2017

    The Road To Cox's 10th Circ. Win In Set-Top Box Tying Case

    The Tenth Circuit on Tuesday affirmed the defeat of a $6.3 million verdict against Cox Communications Inc. in litigation accusing the company of tying its premium cable services to rentals of its set-top boxes, the latest development in a serpentine proceeding that has stretched longer than eight years. Here, Law360 runs down some of the milestones in the proceedings.

Expert Analysis

  • What To Expect In Forex Fraud Trial Of Ex-HSBC Exec

    Scott Schirick

    The prosecution of HSBC’s former global head of foreign exchange spot trading — whose trial begins on Monday in the Eastern District of New York — will test whether the government can turn sharp dealing and deception in the unregulated institutional spot forex market into criminal fraud, says Scott Schirick of Pryor Cashman LLP​.

  • Opinion

    When Antitrust Becomes Anti-Competitive

    Glenn Manishin

    Xceligent is attempting to morph a sordid case about industrial espionage into a counterclaim for unlawful monopolization. Yet the idea that CoStar is obligated as an antitrust matter to help Xceligent develop a competing product totally lacks legal validity, says attorney Glenn Manishin.

  • Recent Cases Provide Hope For Reverse-Payment Defendants

    David Kully

    In the four years since Federal Trade Commission v. Actavis shook up the pharmaceutical industry, defendants have struggled to escape liability for entering reverse-payment settlement agreements. However, two recent appellate decisions provide them with a powerful argument for avoiding damages in upcoming reverse-payment litigation, say David Kully and Charles Weiss of Holland & Knight LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • It's On Plaintiffs To Prove No Scientific Substantiation

    Brett Taylor

    Historically, plaintiffs rest false advertising claims upon allegations that marketing claims are unsubstantiated and not supported by reliable scientific evidence. But two recent decisions out of California suggest courts may not recognize a private right of action for false advertising claims arising out of alleged improper scientific substantiation, say Brett Taylor and Amy Alderfer of Cozen O'Connor.

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • CFIUS Continues To Present Obstacle To Chinese Acquisitions

    Brendan Hanifin

    Although presidential intervention to block a planned acquisition is relatively rare, President Donald Trump’s executive order last week blocking Canyon from acquiring Lattice was not especially surprising in light of recent precedent, the cautious approach of the Committee on Foreign Investment in the United States, and public statements by the Trump administration regarding China, say attorneys with Ropes & Gray LLP.

  • Physician Practice Acquisitions And Antitrust Scrutiny

    Bruce Sokler

    The Washington state attorney general’s recent lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System serves as a reminder that health care providers’ growth-through-acquisition strategies can be subject to antitrust scrutiny, regardless of the size of individual transactions, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Big Data May Become Big Antitrust Concern

    Lesli Esposito

    On the whole, U.S. antitrust agencies have demonstrated less concern over big data than their European counterparts. This is not to say, however, that big data will never present U.S. antitrust issues, say Lesli Esposito and Brian Boyle of DLA Piper.