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Competition

  • January 23, 2019

    UK Would Observe EU State Subsidy Rules Under Proposal

    The U.K. would continue to use the European Union’s rules on state subsidies should it leave the bloc without a trade agreement, according to government legislation put forward Wednesday.

  • January 23, 2019

    Competition Group Of The Year: Morgan Lewis

    Morgan Lewis & Bockius LLP’s antitrust team notched an unprecedented win for a Shire PLC unit in a Federal Trade Commission pay-for-delay suit, grounded cable installers’ collusion allegations against Comcast and successfully kept Philadelphia taxi drivers’ antitrust allegations against Uber parked on appeal, continuing its streak as one of Law360's Competition Groups of the Year.

  • January 22, 2019

    Direct Buyers Fight GSK, Teva's Bid To Stay Lamictal Suit

    Drug wholesalers urged a New Jersey federal court Monday to nix a bid from GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. to pause an antitrust suit over the availability of generic alternatives to epilepsy drug Lamictal while the companies seek Third Circuit review of the direct buyers’ class certification.

  • January 22, 2019

    EU Antitrust Chief Says Amazon Now Under The Microscope

    The European Union's top competition enforcer has said the bloc will not stop at the multibillion-euro fines Google received to prevent online platforms from favoring their own products over the competition, saying that Amazon's position as a "player and referee" would also face scrutiny.

  • January 22, 2019

    FCC Dem Pings DOJ On Sprint-T-Mobile Spectrum Holdings

    The Federal Communications Commission's sole active Democrat has queried the U.S. Department of Justice over whether the proposed Sprint-T-Mobile tie-up would allow a single entity to control too much of the airwaves.

  • January 22, 2019

    Hologic Settles Fujifilm's IP, Antitrust Mammography Suit

    Hologic Inc. is settling out of a Delaware federal court lawsuit from Fujifilm Corp. accusing the medical technology company of patent infringement and maintaining an illegal monopoly over the U.S. market for mammography systems used to diagnose breast cancer.

  • January 22, 2019

    New Facts Keep Music Rights Suit On The Air: Radio Group

    A radio industry group fighting for the survival of its antitrust suit against a music rights agency has urged a Pennsylvania federal court to let it bolster its allegations with new evidence purportedly showing the agency blackmailing a radio network that had turned over evidence against it. 

  • January 22, 2019

    DOJ Probe Leads To Discovery Delay In Cement Antitrust Suit

    A Georgia federal judge delayed discovery by six months Tuesday in a suit accusing cement and concrete producers of creating cartels in the Southeast after the U.S. Department of Justice said an ongoing government criminal probe needs to play out first.

  • January 22, 2019

    South African Ticketing Giant Hit With $1.4M Antitrust Fine

    South Africa's Competition Tribunal has hit the country's largest ticket retailer with a 20 million rand ($1.44 million) fine for abuse of dominance, a penalty the company said it intended to challenge.

  • January 22, 2019

    Google Ducks German, Austrian Antitrust Ad Blocker Probe

    Google and several other companies have escaped an investigation launched by German and Austrian competition authorities by rehauling agreements made with Eyeo GmbH that regulators had argued were restricting the online ad blocking service's business.

  • January 22, 2019

    Competition Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP helped AT&T and Time Warner beat the U.S. Department of Justice’s merger challenge in 2018’s most closely watched antitrust case, netting the firm a spot for the third time in four years as one of Law360’s Competition Groups of the Year.

  • January 22, 2019

    EU Antitrust Enforcer Fines Mastercard €570M On Swipe Fees

    The European Commission said Tuesday it has fined Mastercard Inc. €570 million ($648 million) for denying merchants access to payment services outside their home countries in breach of the bloc’s antitrust rules.

  • January 21, 2019

    UK Gov't Won't Rule Out No-Deal Brexit, May Insists

    Prime Minister Theresa May said Monday that her government will not rule out leaving the European Union without a deal and will not seek an extension of the March 29 departure date, despite continued parliamentary resistance to her draft withdrawal agreement.

  • January 18, 2019

    Qualcomm Exec Says Google, FTC Deal Was Royalties Model

    A Qualcomm executive took the stand Friday during a California federal bench trial over the Federal Trade Commission's allegations the company's "no license, no chips" practice violates antitrust laws, testifying that it modeled its standard-essential patent process after Google's 2013 consent decree with the FTC.

  • January 18, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen former Rabobank trader Anthony Conti sue his old employer, ArcelorMittal take Essar’s investment manager to court months after acquiring its steel business, and the managing director of AlixPartners sue a prominent Irish businessman and a British property tycoon. Here, Law360 looks at those and other new claims in the U.K.

  • January 18, 2019

    Movie Studios Call VidAngel's Fair Use Bid 'Utter Nonsense'

    Disney and a half dozen other movie studios urged a California federal judge Friday to find that streaming service VidAngel can't rely on fair use principles to defend its practice of distributing family-friendly edits of their films online, calling VidAngel's defense against their infringement claims "utter nonsense."

  • January 18, 2019

    White & Case Adds Former Justice Dept. Head, Gaming GC

    White & Case LLP has beefed up it governance, disputes, sanctions and antitrust practices with the addition of an O'Melveny & Myers LLP former partner whose varied career includes being a presidential appointee supervising all Justice Department financial prosecutions and serving as general counsel to two different public gaming companies.

  • January 18, 2019

    UnitedHealth Sues Generic-Drug Makers For Price-Fixing

    Health insurance giant United HealthCare Services Inc. has slapped a host of generic-drug makers with a sprawling lawsuit in Minnesota federal court alleging they conspired to hike prices on a range of medications and saying “collusion in the generic pharmaceutical industry is well established at this point.”

  • January 18, 2019

    'Art Bastard' Drops $100M Cartel Case Against NYC Museums

    The so-called Art Bastard who sued prominent New York City museums claiming the “corporate museum cartel" kept him and others out of the high-end art market has decided to drop his $100 million antitrust suit against the Metropolitan Museum of Art and four others.

  • January 18, 2019

    Forex Suit $300M Fee Objector Slams Class’ Appeal Bond Bid

    The lone objector to $300 million in attorneys' fees granted in relation to $2.3 billion in settlements with banks over alleged benchmarking rate rigging in the foreign exchange markets has hit back at an investor class’ bid to require a $1.4 million bond while he appeals the award, telling a New York federal judge Friday that the request is unnecessary and burdensome.

Expert Analysis

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • International Law In 2018: Key Developments

    Viren Mascarenhas

    2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.

  • The US Biosimilars Patent Litigation Outlook For 2019

    Joshua Whitehill

    After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • CFIUS During The Shutdown: What It Means For Deals

    Michael Leiter

    With no clear end in sight to the government shutdown — including the shutdown of a majority of the Committee on Foreign Investment in the United States — global companies, strategic investors and their outside counsel must carefully consider the ongoing impact on deals at all stages, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • A Closer Look At CFTC's Loss In Market Manipulation Case

    Michael Brooks

    While the New York federal court's decision in U.S. Commodity Futures Trading Commission v. Wilson may embolden defendants in CFTC and Federal Energy Regulatory Commission enforcement matters, the circumstances surrounding it should continue to serve as a caution to market participants, say Michael Brooks and Robert Pease of Bracewell LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Rebuttal

    Door Maker Case Is A Boon To Private Antitrust Litigants

    Jamie Miller

    A recent Law360 guest article argued that the Virginia federal court's decision in Steves and Sons v. Jeld-Wen casts doubt on the value of pre-merger clearance. But the ruling raises a much more important issue — a private plaintiff had to do what the U.S. Department of Justice wouldn’t, says Jamie Miller of the Alioto Law Firm.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.