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Competition

  • May 24, 2019

    NCAA Rips $45M Atty Fee Bid In Student Athlete Pay Suit

    The $45 million attorney fee bid from the legal team whose March victory barred the NCAA from restricting student athletes' education-related compensation is unreasonable because it seeks pay for "excessive, redundant, and unnecessary" hours worked, the NCAA said in California federal court Friday.

  • May 24, 2019

    Justices' App Store Ruling Inspires New Apple Suit

    The U.S. Supreme Court ruling earlier this month permitting iPhone users to bring antitrust claims against Apple has inspired its first follow-on lawsuit against the technology giant over commissions charged on apps on the App Store, with a new complaint filed Thursday in California federal court.

  • May 24, 2019

    France OKs Merger After Investigating 'Influencer' Market

    France's competition watchdog gave the green light Friday to online media company Webedia's acquisition of audiovisual production company Elephant after the agency for the first time considered the growing role of so-called influencers on internet and social media platforms.

  • May 24, 2019

    Schwab, Investors Ask 2nd Circ. To Revive Libor Claims

    Charles Schwab Corp. and investors in financial instruments tied to the London Interbank Offered Rate on Friday urged the Second Circuit to reinstate claims against a slew of banks over their alleged manipulation of the benchmark, arguing they have proper antitrust standing and that the litigation belongs in U.S. federal courts.

  • May 24, 2019

    Hotel Chains Say Search Scheme Suit Belongs In Illinois

    Hilton, Marriott and other leading hotel chains facing an online travel agent's suit accusing them of anti-competitive behavior, including agreeing not to compete for advertising search terms, objected Thursday to a magistrate judge's report and recommendation that the litigation remain in Texas.

  • May 24, 2019

    Samsung Can't Keep $100M Deal With Qualcomm A Secret

    The $100 million Qualcomm paid to keep Samsung quiet about the chipmaker’s antitrust violations was rightfully disclosed and should not be confidential, a California federal judge ruled in denying Samsung’s bid to reseal settlement details after they were disclosed May 22 in an antitrust case.

  • May 24, 2019

    Food Preparers Settle Tuna Claims With Chicken Of The Sea

    A group including restaurants, caterers and other commercial food preparers told a California federal court on Friday that they have netted a $6.5 million deal with Chicken of the Sea to end their claims over the company's alleged part in a scheme to fix the price of canned tuna.

  • May 24, 2019

    Dems Say Sprint, T-Mobile Deal Conditions Need Public Input

    Six Senate Democrats have called on the Federal Communications Commission and Justice Department to put the brakes on the commission's review of the megamerger between Sprint Corp. and T-Mobile in order to ask for public input on concessions the mobile giants have offered to win federal approval.

  • May 24, 2019

    McKesson Enjoyed 'Massive Insider Trading Binge,' Suit Says

    A McKesson Corp. shareholder claims the drug distributor's directors benefited from a "massive insider trading binge" while participating in an industrywide conspiracy to drive up the prices of generic drugs, in a suit removed to California federal court Thursday.

  • May 24, 2019

    TPG, Vodafone Challenge Australia's Bid To Block $10B Deal

    TPG Telecom and Vodafone on Friday made good on a promise to challenge Australia’s antitrust authority’s finding that their AU$15 billion ($10.4 billion) combination would kill competition in the country’s mobile services market.

  • May 24, 2019

    Santander To Refund £1.4M To Customers For Overdraft Error

    Santander is refunding £1.4 million ($1.8 million) of charges levied on approximately 20,000 customers after the bank failed to warn them that their accounts had become overdrawn, the U.K.’s antitrust regulator said Friday.

  • May 24, 2019

    UK's Theresa May To Resign As Latest Brexit Plan Founders

    Prime Minister Theresa May announced Friday that she will resign as leader of the Conservative Party on June 7 after facing a backlash from lawmakers over her latest attempt to win support for her much-maligned Brexit withdrawal agreement.

  • May 23, 2019

    Boston Cabbies Say Uber Is Tainting Prospective Jury Pool

    Uber is trying to influence potential jurors by sending emails and running advertisements touting its safety, Boston-area taxi companies told a Massachusetts federal judge Wednesday, arguing Uber riders shouldn't serve as jurors if their suit over the ride-hailing service's pricing and other business practices goes to trial.

  • May 23, 2019

    EU Regulators Were OK To Clear VodafoneZiggo, Court Says

    The European Commission rightly cleared Vodafone and Liberty Global's creation of their VodafoneZiggo joint venture supplying mobile, internet and television service in the Netherlands, Europe's top appeals court ruled Thursday, rejecting a challenge to the clearance.

  • May 23, 2019

    FTC Says Likely Pay-For-Delay Deals Are Down

    The Federal Trade Commission said Thursday that despite an increase in the number of settlements between branded and generic-drug makers in 2016, fewer deals included the types of reverse payments that are likely to be anticompetitive.

  • May 23, 2019

    CMA Drafts Order Blocking Sainsbury's-Asda Deal

    The U.K.'s competition watchdog announced Thursday it plans to officially make a draft order blocking Sainsbury's planned £7.3 billion ($9.24 billion) acquisition of Walmart Inc. unit Asda, and is inviting comments on the draft until June 24.

  • May 23, 2019

    KLA-Tencor Didn't Engage In Patent Fraud, Fed. Circ. Affirms

    KLA-Tencor Corp. did not fraudulently obtain a semiconductor measurement system patent, the Federal Circuit affirmed Thursday, just one day after particularly no-nonsense oral arguments.

  • May 23, 2019

    House Dem Says DOJ Antitrust 'Prioritizing Side Projects'

    The head of the House of Representative's antitrust subcommittee has excoriated the chief of the Department of Justice's Antitrust Division for the DOJ's recently stepped-up amicus program, accusing it of aiding monopolists through court interventions rather than fighting them by bringing enforcement cases.

  • May 23, 2019

    2nd Circ. OKs $2.7M In Fees From BioScrip Investor Deal

    The Second Circuit on Thursday said Bernstein Litowitz Berger & Grossmann LLP could collect $2.7 million in attorney fees from a $10.9 million deal inked between BioScrip Inc. and shareholders who accused the specialty pharmacy of lying about fraud tied to Novartis AG's iron-reducing drug Exjade.

  • May 23, 2019

    DOJ Taking Closer Look At $17B Centene-WellCare Merger

    Centene and WellCare disclosed Thursday that the U.S. Department of Justice is seeking more details on the government-focused health insurers' planned $17 billion tie-up, pushing regulators’ review timeline back indefinitely.

  • May 23, 2019

    National Grid Sues Power Cable Cos. For £188M Over Cartel

    National Grid, Britain’s largest transmitter of electricity and gas, has added a further £40 million ($50.7 million) to losses it is claiming from a group of European power cable companies that were part of a cartel that rigged the market for over a decade.

  • May 23, 2019

    Rogue Directors Face Rise In Bans, Antitrust Watchdog Warns

    Crooked directors that break competition law through price fixing, bid rigging or market sharing are increasingly at risk of being banned from running companies, the U.K.’s antitrust watchdog said Wednesday.

  • May 23, 2019

    CMA Targets Pharma Sector Again With New Price-Plot Case

    Britain's competition watchdog accused four pharmaceutical companies on Thursday of illegally colluding to restrict the U.K.'s supply of an anti-nausea tablet, the authority's latest crackdown on plots to drive up the price of drugs for the National Health Service.

  • May 22, 2019

    Chancery Finds Ex-CEO In Contempt In Biopharma IP Suit

    A biopharmaceutical company physician-investor was ruled in contempt Wednesday for failing to maintain the Delaware Chancery Court-ordered status quo in a suit challenging his transfer of all intellectual property from a venture he directed to one he created and purportedly controlled.

  • May 22, 2019

    7 Takeaways From Qualcomm’s Stinging Defeat

    A California federal judge has taken Qualcomm to task for what she says are the chipmaker’s anti-competitive licensing practices. Here, Law360 breaks out some of the key findings from the decision requiring the company to fundamentally alter its business model, which had required smartphone makers to license patents at “unreasonably high royalty rates.”

Expert Analysis

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • What Antitrust Attys Need To Know About Labor Monopsony

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    Economists for a long time assumed that labor markets are competitive and do not pose any problems for antitrust law. But new research has shown that this assumption is wildly inaccurate, says Eric Posner of MoloLamken.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • Opinion

    FTC V. Qualcomm Should Be Viewed Through A Wider Lens

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    The U.S. Department of Justice recently stated that a remedy in Federal Trade Commission v. Qualcomm, pending in the Northern District of California, “should work as little injury as possible to other public policies.” The DOJ’s counsel gains added force from provocative evidence in the foreshortened Apple-Qualcomm licensing trial in the Southern District of California, says professor David Teece of the University of California, Berkeley.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • A Potential New Fight Over FTC's 13(b) Authority

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    On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Opinion

    Oil Cartel Bill's Passage Is Long Overdue

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    The No Oil Producing and Exporting Cartels Act has been reintroduced in Congress, and the oil market conditions that spurred this needed legislation in 2000 are just as widespread today — but so are the inaccurate criticisms of this bill, says attorney Seth Bloom, who drafted the original version of NOPEC.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Examining The Evidence On VIX Manipulation

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    An ongoing multidistrict litigation alleges manipulation of the formula used to determine the settlement price for derivatives based on the Chicago Board Options Exchange’s volatility index. But a review of trading data reveals how reasons other than manipulation can explain trading activity on any given day, say consultants with Analysis Group.

  • High Court Clarifies Standards For Antitrust Claims

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    The primary practical implication of the U.S. Supreme Court's ruling Monday in Apple v. Pepper is that the court's Illinois Brick precedent remains an obstacle to federal antitrust claims for damages, but that its scope arguably has been limited, say attorneys at Skadden.

  • What Fed. Circ. False Ad Ruling Means For Section 337 Claims

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    Though the Federal Circuit's decision in Amarin v. U.S. International Trade Commission mandates careful drafting of Food, Drug and Cosmetics Act-related Section 337 claims under the Tariff Act, it arguably leaves the door open for creative litigants to raise claims for less common "unfair acts," say attorneys at Ropes & Gray.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.