More than four years after the U.S. Supreme Court's landmark pay-for-delay ruling, litigation over the pharmaceutical patent settlements continues to steam ahead, but Federal Trade Commission Chairman Maureen Ohlhausen indicated the antitrust enforcer's crackdown might have at last turned the corner as the number of potentially problematic deals dropped. Here's a cheat sheet of major pay-for-delay suits to watch in 2018.
A Florida federal court on Monday granted Cox Enterprises Inc.'s motion to compel arbitration in a suit brought by Citi Cars Inc., a bankrupt used car dealership that claims the conglomerate used a monopoly on the wholesale vehicle market to inflate its price points.
EDITING The Justice Department on Sunday urged a Michigan federal court not to pause an antitrust case against a Michigan hospital that it says agreed with other hospitals not to advertise in each other's territories, after the company said it needs more time to explore a settlement.
Food distribution giants US Foods Inc. and Sysco Corp. have joined the canned tuna price-fixing fray with separate complaints in Illinois and Texas federal courts accusing seafood companies of conspiring to raise prices on the tuna they spent “hundreds of millions” to purchase.
The competition team at Gibson Dunn & Crutcher LLP scored important wins for clients including Uber Technologies and Foxconn in high-stakes antitrust litigation last year, while also helping steer several major mergers through regulatory clearances, earning a place among Law360's Practice Groups of the Year.
The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues.
The Federal Trade Commission is looking for additional information from Broadcom Ltd. as part of an antitrust review process into its ongoing attempt to take over Qualcomm Inc., the semiconductor technology company said in a statement Friday.
The Federal Trade Commission on Friday signed off on a $3.3 billion deal that would let 7-Eleven's parent company acquire nearly 1,100 gas stations from Sunoco LP on the condition that nearly 60 stores stay with or move to Sunoco.
The head of the U.S. Department of Justice's antitrust division and the Federal Trade Commission's acting chairman both said Friday that competition enforcers have a role to play in helping protect intellectual property rights in order to encourage innovation, but warned against going to far.
Two media organizations have launched a challenge to the Federal Communications Commission’s deregulation of its broadcast media ownership rules, telling the Third Circuit that the agency slashed important diversity safeguards without ample justification.
The U.S. Department of Justice's antitrust chief said Friday that the division has a handful of criminal cases in the works over agreements by companies not to hire each other's workers, signaling that a focus of the Obama administration is continuing.
Morgan Lewis & Bockius LLP’s antitrust attorneys have reeled in a number of trophy-sized victories over the past year, winning dismissal of multidistrict and class action litigation against major corporations like Shell, Uber and Comcast to earn the group a spot among Law360’s Competition Practice Groups of the Year.
Global financial services giant HSBC Holdings PLC on Thursday agreed to pay $101.5 million as part of a deferred prosecution agreement filed in New York federal court to settle claims it defrauded two clients in a multimillion-dollar scheme to manipulate currency exchanges.
In a case that could delineate what counts as gun-jumping under European Union merger law, an adviser to the bloc's highest court wrote Thursday that companies should be allowed to take certain preparatory steps to move ahead with their deals before receiving antitrust clearance.
The European Commission has announced that it is investigating Poland’s low flat-rate sales tax for shipyards operating within the nation's borders, saying the policy is possibly flouting European Union state aid rules by giving a selective advantage to companies in the country.
Outpatient surgical center Marion HealthCare LLC on Wednesday hit back at claims that it improperly filed confidential information in its Illinois antitrust suit against Southern Illinois Healthcare, blaming the hospital chain for the accidental disclosure of contract information.
A Manhattan judge expressed unease Thursday over the failure of Berkshire Bank to disclose that the son of its CEO Moses Krausz is a lawyer with a direct stake in the lender's effort to lead a class targeting four megabanks for allegedly rigging the global London Interbank Offered Rate.
Qualcomm Inc. has agreed to cut certain patents from its proposed $37.7 billion acquisition of NXP to score approval from the European Commission and the Korea Fair Trade Commission, leaving it just one competition agency's approval shy of sealing the deal, the company said Thursday.
European Union competition regulators disclosed this week that they are mulling “commitments” offered to clear any antitrust concerns that could interfere with Discovery Communications Inc.’s planned $14.6 billion cash-and-stock purchase of Scripps Networks Interactive Inc.
Proposed changes to the Committee on Foreign Investment in the United States could be beneficial to U.S. national security, but lawmakers should be careful not to unintentionally stifle outbound investment, a panel of experts told the Senate Committee on Banking, Housing and Urban Affairs on Thursday.
The competition group at Weil Gotshal & Manges LLP helped steer more than 20 transactions with a total value of around $70 billion through the merger clearance process last year while also working on high-stakes antitrust litigation for a number of clients, securing the team a place among Law360's Practice Groups of the Year.
While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.
Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.
A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.
Given the incentives to organize vertically, California cannabis regulators will need to identify and challenge harmful vertical integration, but allow efficiency-improving integration in cannabis markets and revise regulations to reduce inefficiencies, says Georgina Moreno of Econ One Research Inc.
While the U.S. has a long history of class action litigation, there are still many unknowns in the U.K. as to what the courts are looking for in order to certify a class. The recent filing of a lawsuit against Google will hopefully provide guidance on whether private group consumer redress will be successful on the other side of the Atlantic, says Lauren McGeever of Epiq Systems Inc.
The U.S. Department of Justice has appealed the Utah federal court's surprising ruling in Kemp & Associates that the customer allocation charges did not describe per se illegal conduct. But if the Tenth Circuit shares the district court's discomfort with criminal prosecution in the obscure "heir location services" industry, it could spell trouble for the invulnerability of the per se rule, says Mary Strimel of McDermott Will & Emery LLP.
Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.
Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.
Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.
While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.