Competition

  • 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.

  • September 20, 2017

    DC Councilman’s Estate Settles Out Of Bid-Rigging Suit

    The estate of a former Washington, D.C., councilman and the construction company that won the contract for a Washington-area subway rail station have settled out of a rival’s $100 million suit alleging that they conspired with the Washington Metropolitan Area Transit Authority to rig bids for the project, according to a motion in D.C. federal court on Tuesday.

  • September 20, 2017

    $146M Deal In Aggrenox Pay-For-Delay MDL Gets Initial OK

    A Connecticut federal judge on Tuesday preliminarily approved a $146 million settlement between direct purchasers and pharmaceutical companies over the drugmakers’ alleged role in a scheme to block generic alternatives to the stroke-prevention drug Aggrenox from coming on the market.

  • September 19, 2017

    US Soccer Hit With Antitrust Suit Over League Decision

    The North American Soccer League hit the United States Soccer Federation with an antitrust suit in New York federal court Tuesday, claiming that the organization arbitrarily revoked its Division II status and that it favors NASL’s rival Major League Soccer.

  • September 19, 2017

    Warner Chilcott Seeks Out Of Asacol Antitrust Suit

    Allergan subsidiary Warner Chilcott has told a Massachusetts federal court that pulling its Asacol ulcerative colitis drug off the market pursuant to a federal safety order can’t be considered anti-competitive conduct, urging the court to grant it a quick win in an antitrust lawsuit.

  • September 19, 2017

    NC Appeals Court Backs Duke Monopoly Over Power Sales

    A North Carolina appeals court on Tuesday said that an environmental group acted as a public utility when it installed solar panels at a Greensboro, North Carolina, church and charged it for the electricity they generated, infringing upon Duke Energy Corp.'s state-sanctioned monopoly over electricity sales in the region.

  • September 19, 2017

    10th Circ. Upholds Cox’s Dodge Of $6M Antitrust Verdict

    The Tenth Circuit in a split decision Tuesday affirmed the tossing of a $6.31 million jury verdict against Cox Communications Inc. in a suit alleging the company illegally tied the rental of set-top boxes to its premium interactive cable services.

  • September 19, 2017

    Germany's Knorr-Bremse Kills $694M Takeover Of Swiss Rival

    Germany’s Knorr-Bremse pulled its 5.52 billion Swedish kronor ($694 million) buyout for Swiss brake company Haldex on Tuesday, after failing to secure an extension on the tender offer and seeing pushback from both its target and antitrust regulators.

  • September 19, 2017

    Valero Scraps Plains Terminal Deal Targeted By Calif. AG Suit

    Refining giant Valero Energy Corp. said Monday that it was pulling the plug on a subsidiary's proposed acquisition of petroleum storage terminals in the Bay Area owned by Plains All American Pipeline LP, which California Attorney General Xavier Becerra had challenged in federal court as anti-competitive.

  • September 19, 2017

    FTC Contests Impax's Defense Of Opana ER Patent Settlement

    Impax Laboratories Inc. has no pro-competitive justifications for its 2010 patent dispute settlement with Endo Pharmaceuticals Inc. over the drug Opana ER, and none of its defenses of the agreement’s alleged reverse payment hold water, the Federal Trade Commission said in a Friday filing in its administrative proceeding against Impax.

  • September 19, 2017

    Walgreens' $4.4B Rite Aid Buy Advances Despite FTC Friction

    Walgreens said Tuesday it will move forward with its acquisition of 1,932 Rite Aid stores — about 250 less than initially planned — for $4.375 billion, after the reworked deal was approved by the U.S. Federal Trade Commission despite disagreement between the only two commissioners.

  • September 18, 2017

    Ohio State Seeks To Punt Ex-Player’s Suit To State Court

    Ohio State University on Monday said it hasn’t waived its sovereign immunity over claims that banners hung in the school’s football stadium with former football players’ images violate the Sherman and Lanham Acts, urging a federal court to toss the antitrust claims and send the case to state court.

  • September 18, 2017

    Hemlock Asks 6th Circ. To Keep Win Against SolarWorld Unit

    Hemlock Semiconductor Operations LLC on Friday urged the Sixth Circuit not to rehear its decision backing the company's $793 million damages win in a supply contract dispute with a SolarWorld unit, calling the unit's bid for rehearing "baseless."

  • September 18, 2017

    Novo Nordisk, Benefits Co. Get Price Hike Suit Moved To NJ

    A California federal judge agreed Monday to transfer to New Jersey a proposed class action accusing drugmaker Novo Nordisk Inc. and pharmacy benefit manager OptumRx Inc. of conspiring to drive up the price of Novo Nordisk's diabetes drug Victoza, noting that five suits over similar schemes have already been filed in New Jersey federal court.

  • September 18, 2017

    EU OKs RBS Move To Drop Williams & Glyn Sale

    The European Commission gave final approval Monday to Royal Bank of Scotland PLC's bid to avoid selling off a subsidiary under the terms of its financial crisis bailout, finding a new roughly £800 million ($1.1 billion) plan to support challenger banks would do enough to improve competition.

  • September 18, 2017

    Antitrust Policy Should Stay In Its Lane, EU's Vestager Says

    Regulation, not a more expansive use of competition law, is the answer to concerns about everything from food safety to vehicle emissions that have arisen in recent European Union antitrust work, EU competition chief Margrethe Vestager said Monday.

Expert Analysis

  • 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.

  • Opinion

    On CFIUS Reform, We Must Proceed With Caution

    DJ Rosenthal

    While some proposed changes to the Committee on Foreign Investment in the United States may be justified, others could undermine confidence in CFIUS as an unbiased institution acting in a fair and even-handed manner, says DJ Rosenthal, co-chairman of the CFIUS advisory practice at Kroll Associates.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • How The FTC Has Erred On Innovation Policy Issues

    David Teece

    Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, recently delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention, says David Teece, chairman of Berkeley Research Group LLC.

  • What The Intel Decision Means For European Commission

    Ian Giles

    The European Court of Justice's judgment in the Intel case last week may play an important role in a number of high-profile European Commission investigations of alleged abuses of dominant positions, particularly in the technology and pharmaceutical sectors, say Ian Giles and Jay Modrall of Norton Rose Fulbright.