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Competition

  • 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.”

  • May 22, 2019

    Qualcomm's Illegal Licensing Practices: How We Got Here

    A California federal judge ruled late Tuesday that Qualcomm’s patent licensing practices violate federal antitrust law, siding with the Federal Trade Commission in a decision that threatens to upend a core part of the chipmaker’s business. Here’s a step-by-step look at how we got to this point.

  • May 22, 2019

    'Smarmy' Behavior Not Exactly Fraud, Fed. Circ. Judge Says

    A Federal Circuit judge laid into attorneys Wednesday as she heard arguments in a patent fraud case, saying at one point that even though she was unsure alleged omissions in a patent application rose to the level of fraud, she had grounded her children for omitting less.

  • May 22, 2019

    GSK, Teva Urge 3rd Circ. To Nix Lamictal Class Cert.

    GlaxoSmithKline PLC and Teva Pharmaceuticals Ltd. urged the Third Circuit to decertify a class of drug wholesalers claiming the drugmakers colluded to delay generic competition for the mood stabilizer Lamictal, arguing Tuesday that common claims don’t predominate individual ones.

  • May 22, 2019

    Pharmas Want Verdict Axed To Settle IP, Antitrust Disputes

    Pharmaceutical companies Amphastar, Sandoz and Momenta told a Massachusetts federal court that they have resolved their sprawling antitrust and patent battles over generic blood thinners, as long as the court agrees to nix Amphastar’s win in the patent case.

  • May 22, 2019

    Amgen Says Rival Used Trade Secrets To Poach 14 Reps

    Amgen should be allowed to pursue its claim that rival biopharmaceutical company Karyopharm Therapeutics used its trade secrets to poach 14 of Amgen's top sales reps in a single day, an Amgen attorney told a state court judge Wednesday in Boston's Business Litigation Session.

  • May 22, 2019

    EU Raids French Grocery Store Operators In Cartel Probe

    European Union antitrust authorities said Wednesday that they’d carried out “unannounced inspections” at premises connected to two unidentified grocery companies suspected of noncompetitive conduct.

  • May 22, 2019

    French Antitrust Watchdog Fines Engineering Co. €900K

    France's antitrust regulator fined an energy and engineering consulting company €900,000 ($1 million) Wednesday for obstructing its investigation into possible competition violations in the technology, IT services and software publishing industries. 

  • May 22, 2019

    Qualcomm's 'No License, No Chips' Model Illegal, Judge Rules

    A California federal judge ruled Tuesday that Qualcomm's decadeslong "no license, no chips" business practice violates federal antitrust laws, handing the Federal Trade Commission a win and upending how the chipmaker negotiates standard-essential patent licenses covering smartphone technology.

  • May 21, 2019

    Tough T-Mobile Conditions Leave Many Open Questions

    FCC Chairman Ajit Pai said he drove a hard bargain to win a package of concessions from T-Mobile as part of the company's bid to acquire Sprint, but critics of the agreement say it doesn't go far enough to ward off the merger's possible harms.

  • May 21, 2019

    J&J Unit Hit With Antitrust Suit Over 'Sham' Zytiga Patent

    The city of Baltimore has filed a proposed class action antitrust case against the Johnson & Johnson unit that makes the prostate cancer drug Zytiga, alleging the company filed “sham” lawsuits against potential generic competitors over a patent it knew was invalid.

  • May 21, 2019

    3rd Circ. Will Hear FCC Broadcast Dereg Dispute In June

    The latest court fight over the Federal Communications Commission's effort to relax its media ownership rules will begin June 11, the Third Circuit said Tuesday.

  • May 21, 2019

    Older Calif. Gas Price-Fixing Claims Against BP, Exxon Barred

    Waiting to file a proposed class action may have cost California consumers after a federal judge ruled last week that their claims are subject to a four-year statute of limitations, slicing deep into allegations that BP, Exxon and other oil companies rigged Golden State gasoline prices.

  • May 21, 2019

    CVS Defends Contract Counterclaim In Sentry Antitrust Suit

    Sentry Data Systems Inc. cannot duck a breach of contract counterclaim accusing it of botching its performance as CVS’ administrator for a federal program for discounted drugs, the pharmacy giant told a Florida federal judge Monday.

  • May 21, 2019

    DOJ Moves To End 24 Legacy Antitrust Judgments

    The U.S. Department of Justice asked a Massachusetts federal judge to terminate two dozen so-called legacy judgments, including with Gillette and Converse, following up Tuesday on an initiative announced more than a year ago.

  • May 21, 2019

    Jimmy John's Must Face 'Orphaned' No-Poach Case

    An Illinois federal judge on Tuesday denied a bid from Jimmy John's to escape a proposed class action over no-poach provisions in its franchise agreements, saying that the prior judge in the case already ruled on a similar motion before retiring.

  • May 21, 2019

    Aussie Benchmark Fixing Suit Is Still Broken, Banks Say

    A dozen major banks said Monday that the amended complaint filed by investors over the alleged rigging of an Australian benchmark interest rate fails to fix the jurisdictional issues that have plagued the antitrust case thus far.

  • May 21, 2019

    Milk Producers Look To End Dairy Price-Fixing Class Action

    A group of milk producers accused of illegal price fixing through a now-canceled program to slaughter milk cows told an Illinois federal court Monday that federal law exempts them from antitrust scrutiny and the case should be dismissed.

  • May 21, 2019

    Chicken Of The Sea, CVS Ink Deal In Tuna Price-Fix MDL

    CVS agreed to cut Chicken of the Sea loose from a suit accusing the tuna company of conspiring with rivals to pump up the cost of the canned fish, with the companies telling a California federal judge Monday that they had settled their differences.

Expert Analysis

  • 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.