Competition

  • May 18, 2018

    FTC Admin. Judge Says Endo-Impax Opana Deal Is Lawful

    A patent deal in which Endo Pharmaceuticals Inc. paid generic-drug maker Impax Laboratories Inc. to forgo launching a generic version of an opioid pain medication did not violate consumer protection statutes, a Federal Trade Commission administrative law judge ruled Friday, because the settlement’s pro-competitive benefits outweighed its anti-competitive harms.

  • May 18, 2018

    Illinois Bell Wants Old Claims From Telecom's Suit Nixed

    Illinois Bell and other Bell affiliates urged a Missouri federal judge Thursday to drop claims that they owe Level 3 Communications LLC more than $24 million in their dispute over the price charged for essential telecommunications wires, arguing the claims are too old.

  • May 18, 2018

    House Again Mulls Bill Clearing DOJ To Sue OPEC

    Economic and antitrust experts at a House subcommittee hearing Friday largely endorsed the latest version of legislation authorizing the Department of Justice to sue OPEC for conspiring to inflate oil prices, leading to soaring gas prices for American consumers.

  • May 18, 2018

    Egg Producers And Purchasers At Odds In Price-Fixing Trial

    Egg suppliers urged a Pennsylvania federal judge to grant them a win in multidistrict litigation that accuses them of conspiring to fix egg prices, saying evidence presented during the ongoing trial does not show they were part of a scheme.

  • May 18, 2018

    Academics, Former Officials Balk At Delrahim's SEP Focus

    A group of 77 academics and former government officials told Assistant Attorney General Makan Delrahim in a letter Thursday that his stance that U.S. standard-essential patent policies hurt innovation by going too far to reduce royalties cuts against “broad bipartisan legal and economic consensus."

  • May 18, 2018

    Deals Rumor Mill: Qualcomm, BMC Software, KazAtomProm

    China is growing on Qualcomm’s $44 billion proposed takeover of NXP Semiconductors, BMC Software Inc. tapped Goldman Sachs and Credit Suisse to aid a sale, and Kazakhstan wants to sell one-quarter of its state-owned uranium importer and exporter.

  • May 18, 2018

    FCC's O'Rielly Rebukes Rumors Of Sinclair-Tribune Benefits

    In no uncertain terms, Federal Communications Commissioner Michael O’Rielly rebuked rumblings that the agency has been taking action to singularly enable Sinclair Broadcast Group’s $3.9 billion proposed acquisition of Tribune Media Co., writing in a Friday blog post that such suggestions are a “misguided fantasy” and a “rhetorical tool” to cause divisions.

  • May 18, 2018

    1-800 Contacts Class Action Isn't Time-Barred, Judge Says

    A Utah federal judge denied 1-800 Contacts Inc.’s bid to dismiss a consolidated antitrust class action that accuses the lenses retailer of contracting with other retailers to stifle competition, ruling buyers could pursue claims based on purchases up to 14 years old because a separate government action tolled the statute of limitations.

  • May 18, 2018

    BMW Seeks Toss Of German Auto Antitrust MDL

    BMW asked a California federal court Thursday to reject multidistrict litigation claiming it participated in a decadeslong antitrust conspiracy with fellow German automakers Audi, Volkswagen, Mercedes-Benz and others on car technology, costs, suppliers and emissions equipment, saying the buyers’ ill-defined antitrust injuries and illogical claims do not hold up.

  • May 18, 2018

    Irish Insurance Lobby Denies Breaching EU Competition Law

    Ireland’s top insurance lobby has said it complies fully with competition law from Brussels, following media reports that the European Commission is investigating whether it denied membership to new underwriters entering the market.

  • May 17, 2018

    FDA Shames Anti-Generic Tactics, Putting Onus On Congress

    The U.S. Food and Drug Administration on Thursday named and shamed drugmakers suspected of impeding lower-cost generics by withholding product samples, a splashy move that could jolt Congress into taking action.

  • May 17, 2018

    Leahy Rips Pai On Net Neutrality, Rural Broadband Coverage

    Sen. Patrick Leahy, D-Vt., tore into FCC chair Ajit Pai Thursday during a subcommittee budget hearing, criticizing his policies and allegedly contemptuous tone while asking him, unsuccessfully, to quantify how much scrapping net neutrality might spur broadband deployment in rural areas.

  • May 17, 2018

    FTC Won't Pause Challenge To $2.4B Tronox-Cristal Deal

    The Federal Trade Commission on Wednesday rejected a bid to pause a challenge to Tronox Ltd.’s proposed $2.4 billion purchase of the Saudi-owned chemical mining company Cristal to allow for settlement negotiations, saying commission rules require a “specific settlement proposal” to stay a proceeding.

  • May 17, 2018

    Ex-NJ Lab Workers Sentenced In $100M Bribery Scheme

    Four former sales employees of a blood testing lab were slammed with prison sentences and another ex-salesman received probation Thursday in New Jersey federal court for taking part in a bribery scheme that netted more than $100 million in Medicare and private insurance dollars for the business.

  • May 17, 2018

    Exclusivity ‘Didn’t Require Success,’ Amgen Tells DC Circ.

    Amgen told a D.C. Circuit panel Thursday that it’s entitled to extra exclusivity protection for its lucrative calcium-control drug Sensipar because it fulfilled the U.S. Food and Drug Administration’s request to study the drug's possible uses in children, only to have the FDA reject the research based on artificially high standards.

  • May 17, 2018

    DOJ Deputy Says Health Care Remains Antitrust Priority

    A deputy assistant attorney general for the U.S. Department of Justice said Thursday that the health care sector remains an enforcement focus for the antitrust division, saying it has open criminal investigations into market allocation and no-poach agreements among health care providers and is considering seeking to recover taxpayer money for other violations.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    China Approves $18B Sale Of Toshiba's Memory Unit

    Chinese antitrust regulators have cleared the way for Toshiba Corp. to sell off its memory business to an investment group led by Bain Capital Private Equity LLP for 2 trillion yen ($18.06 billion), the parties said Thursday.

  • May 16, 2018

    Covington Partner Tapped As FTC Consumer Bureau Director

    Federal Trade Commission Chairman Joseph Simons made four appointments to the agency’s senior leadership team Wednesday, including selecting a Covington & Burling LLP partner who co-chairs the firm’s financial services practice group, the agency announced.

  • May 16, 2018

    Retailers Led By Walgreens Sue Allergan Over Restasis IP

    A quartet of major U.S. retailers including Walgreen Co., Kroger Co., Albertsons Cos. Inc. and HEB Grocery Co. sued Allergan Inc. on Wednesday alleging antitrust violations, accusing the drugmaker of fibbing to the authorities to secure unlawful patents for its Restasis dry-eye disease medication.

Expert Analysis

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • The Future Of Antitrust Claims At The ITC

    Matthew Rizzolo

    In March, the U.S. International Trade Commission's dismissal of U.S. Steel’s complaint caused some to question whether there remained a viable path for antitrust-based claims at the ITC. But the initiation of an antitrust-based Section 337 investigation just days later shows that the door for antitrust claims at the ITC has not closed, say attorneys with Ropes & Gray LLP.

  • Breaking Down The New Antitrust Investigation Into Colleges

    Amy Gallegos

    Letters issued to certain elite colleges and universities indicate that the U.S. Department of Justice is investigating early-decision programs. The antitrust theories raised on this issue in the early 2000s were fatally flawed, but they warrant a look because they may be behind the government’s investigation, say attorneys with Jenner & Block LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.