Competition

  • May 26, 2017

    NFL Cheerleaders' Wage Plot Suit Tossed In Calif.

    A California federal judge dismissed football cheerleaders' lawsuit against the NFL and the majority of its teams over alleged wage-suppression tactics, saying Friday that the antitrust complaint was insufficient and failed to meet the pleading standard.

  • May 26, 2017

    Attys Win $10M For Work On $30M Pipe Makers’ Antitrust Deal

    A Tennessee federal judge on Friday awarded $10 million in fees to the attorneys representing a class of direct purchasers accusing several manufacturers of cast iron soil pipes and fittings of fixing prices and pushing out competitors, and also approved the class’ $30 million settlement.

  • May 26, 2017

    Calif. Sues Sumitomo In Auto Parts Price Fixing MDL

    The state of California sued Japanese auto parts maker Sumitomo Electric Industries Ltd. and its affiliates Friday as part of a massive multidistrict litigation in Michigan federal court over anti-competitive conduct and price-fixing in the auto parts industry.

  • May 26, 2017

    Omnicare Pays $13M To End Kickback, Medicaid Fraud Suit

    Omnicare Inc. on Thursday asked a Massachusetts federal judge to approve a $13 million settlement to end a False Claims Act case brought by whistleblowers alleging fraudulent Medicaid claims and kickbacks to pharmacies that prescribed an antidepressant drug.

  • May 26, 2017

    Oil Storage Co., Magellan End Pipeline Access Antitrust Row

    Fairway Energy Partners LLC and Magellan Pipeline Company on Thursday asked a state district judge in Houston to toss, with prejudice, an antitrust lawsuit Fairway had brought against Magellan in February over access to its Houston crude oil distribution system, saying an agreement has been reached.

  • May 26, 2017

    Interest Rate Swap Trader Says Exchange OK On Its Own

    Interest rate swap trader MarkitSERV Ltd. urged a New York federal court Friday to refuse online exchange TrueEX LLC a preliminary injunction to force MarkitSERV to continue their relationship, likening TrueEX’s dire prediction of its closure to Chicken Little's “proclaiming that the sky is falling.”

  • May 26, 2017

    FTC OKs $11B Sherwin-Williams, Valspar Tie-Up With Fixes

    The Federal Trade Commission on Friday tentatively signed off on Sherwin-Williams' $11.3 billion tie-up with Valspar Corp. on the condition that the Ohio-based paint brand go through with its planned $420 million cash sale of Valspar's North American industrial wood coatings business to Axalta.

  • May 26, 2017

    ABA Urges South Africa To Adjust Gun-Jumping Guidelines

    A pair of American Bar Association sections released their comments on South Africa’s draft guidelines for merger notifications and gun-jumping, urging the country’s competition commission on Thursday to better distinguish between failure to notify and premature implementation of mergers.

  • May 25, 2017

    Qualcomm Can’t Delay Discovery In Chip Price-Fix Suit

    A California federal judge on Thursday refused Qualcomm’s request to delay discovery in a putative antitrust class action alleging the chipmaker hurt indirect buyers by fixing the price of microchips used in cellphones, urging both sides to “get this party started now.”

  • May 25, 2017

    FDA Chief Vows Action On Generic Approvals, Obstruction

    The U.S. Food and Drug Administration’s newly confirmed leader said Thursday that the agency will soon take action to ease drug prices by speeding development of generic medicines and cracking down on efforts by brand-name drugmakers to impede competition.

  • May 25, 2017

    Pharma Cos. Say No Fraud Claimed In Cancer Drug Size Suit

    Three companies involved in the manufacture and distribution of the cancer drug Velcade told an Illinois federal judge on Thursday to dismiss claims they conspired to inflate sales by selling oversized vials, saying the union health plans that filed the suit failed to state any real claims.

  • May 25, 2017

    UFC Says Fighters Already Have Text Messages They Seek

    The UFC on Wednesday hit back at a request by mixed martial arts fighters to turn over text messages from cellphones used by owner Dana White in their lawsuit accusing the organization of illegally dominating the sport, saying the fighters are asking for information they already have.

  • May 25, 2017

    Qualcomm Wants Apple Manufacturers To Pay Up

    Qualcomm Inc. asked a California federal court on Wednesday to force four Apple Inc. product manufacturers to pay royalties on intellectual property licensing agreements while beefing up its counterclaims against the iPhone maker in a separate case, once again alleging Apple has ordered the factories to withhold payments. 

  • May 25, 2017

    Drug Wholesalers Blast Forest’s Bid For Profit Docs

    A proposed class of drug wholesalers urged a New York federal judge Wednesday to deny Forest Laboratories LLC’s request for certain documents in an antitrust suit alleging the drugmaker blocked generics for its Namenda Alzheimer’s treatment, saying their profit information is irrelevant in an antitrust case.

  • May 25, 2017

    Pfizer Says Expert Testimony In Celebrex Suit Unreliable

    Pfizer asked a Virginia federal judge Wednesday to exclude expert testimony supporting the certification of a class of direct purchasers who allege the drugmaker used fraudulent patents to delay generic-drug competition for its Celebrex painkiller, saying the testimony is not reliable.

  • May 25, 2017

    Competition Expert Joins Monckton From Brick Court

    Competition barrister Mark Brealey has joined Monckton Chambers from Brick Court Chambers, where the queen's counsel litigated high-profile cases ranging from Sainsbury's £68 million win against MasterCard to a landmark U.K. Supreme Court statute of limitations ruling.

  • May 25, 2017

    GOP Drops Swipe-Fee Repeal From Dodd-Frank Replacement

    The head of a key House committee on Wednesday said that he would cut language to repeal a cap on debit card swipe fees included in the Dodd-Frank Act from a keystone Republican financial regulation bill, saying that he wouldn’t let the bill be derailed by a matter that has divided retailers and financial firms.

  • May 25, 2017

    Biogen Asks Judge To Toss Neurological Drug Antitrust Suit

    Biogen Inc. asked a California federal judge to toss an antitrust suit brought by a pharmaceutical research company, arguing Wednesday that the company failed to show how Biogen’s decision to enter a patent settlement and license agreement caused any harm to 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.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • 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.