A pair of bills recently released by Senate Democrats to combat corporate consolidation may be destined for the scrap heap, but the legislation and the support it has garnered among Democrats show that aggressive antitrust enforcement could come to play a central role in the party's agenda.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.