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Competition

  • October 4, 2018

    1st Circ. Won't Rehear Novartis Gleevec Antitrust Suit

    A First Circuit panel on Thursday said it wouldn’t reconsider its decision to uphold the dismissal of an antitrust suit accusing Novartis Pharmaceuticals Corp. of delaying a generic version of its leukemia drug Gleevec. 

  • October 4, 2018

    Chinese Electronics Co. Fights Doc Demand In CRT Suit

    A Chinese electronics maker objected Wednesday to a California special master’s order to turn over details about sales of cathode ray tubes as part of a yearslong price-fixing suit, saying the evidence demands go too far.

  • October 4, 2018

    UK Wants To Make Sure Small Businesses Get Paid Faster

    The U.K. government said Thursday that it plans to seek the business community’s views regarding the problems of large businesses using late payments to control smaller ones that they compete against and of how to pay smaller companies more quickly.

  • October 4, 2018

    Nokia Says No Licensing Duty Among Rival Cell Part Makers

    Cellular standard-essential patent practices have "never" required SEP holders to license that technology at the component level rather than the final product, Nokia said Wednesday in seeking to back Qualcomm against a Federal Trade Commission effort to require just that amid an antitrust suit in California federal court.

  • October 4, 2018

    EU Approves Slovakia's $144M Jaguar Land Rover Investment

    The European Union's competition authority on Thursday approved a €125 million ($143.9 million) investment from Slovakia to help Jaguar Land Rover build a new plant in the country, rather than in Mexico, saying the move is in line with the bloc's state aid rules.

  • October 4, 2018

    Chicago Assigned As Venue For TV Ad Price-Fixing MDL

    Tribune Media Co., Sinclair Broadcast Group Inc. and other media giants will face consolidated allegations of colluding to fix prices for TV ads in Illinois federal court after the Judicial Panel on Multidistrict Litigation ruled Wednesday that Chicago represents a centralized location for the case.

  • October 4, 2018

    Car Data Co. Wants Discovery Quashed In Antitrust MDL

    A vehicle information services company has urged an Illinois federal judge to shut down a discovery request from a digital registration company in antitrust multidistrict litigation, saying any discovery should wait until its motion to dismiss is resolved.

  • October 4, 2018

    Lloyds Ordered To Overhaul Systems After PPI Breaches

    The U.K.’s competition regulator ordered Lloyds Banking Group PLC to overhaul its payment protection insurance systems after it failed to remind around 14,000 customers that they could cancel their policies, the watchdog said Thursday.

  • October 4, 2018

    RBS Denies Convicted Trader Influenced Euribor Submissions

    RBS told a London court Thursday that a former trader convicted of rigging Euribor did not influence the bank's submissions for the benchmark rate, fighting a €996 million ($1.1 billion) swaps lawsuit from the owners of Santander’s global headquarters.

  • October 3, 2018

    Nippon’s $60M Fine Reflects ‘Discount’ For DOJ Flub: Judge

    A California federal judge on Wednesday approved a $60 million fine against Nippon Chemi-Con Corp. for its role in a price-fixing conspiracy, but complained it had won a "discount" on the maximum because a U.S. Department of Justice attorney's possible conflict jeopardized the government's case.

  • October 3, 2018

    FDA Petition-Shaming Plan Gives Ammo To Antitrust Suits

    The U.S. Food and Drug Administration appears poised to shame branded-drug makers that make strategically timed objections to generic-drug approval standards, providing new ammunition for antitrust suits over delayed access to lower-cost medicines.

  • October 3, 2018

    Delrahim Says Critics Of DOJ's Patent Shift Are Wrong

    Makan Delrahim, the head of the U.S. Department of Justice’s antitrust division, on Wednesday defended his advocacy of more scrutiny of licensees in the standard essential patent process, telling a Senate oversight subcommittee that the shift from prior patent-focused antitrust enforcement is backed by leading academics.

  • October 3, 2018

    Tuna Cos. Skewer Food Preparer Cert. Bid In Price-Fix MDL

    Seafood producers have blasted the efforts of commercial food preparers to win class status in multidistrict litigation over alleged tuna price-fixing, telling a California federal judge Tuesday there’s no way to show common damages that justify collective action.

  • October 3, 2018

    FTC Says No Harm After EU's In-House Counsel Privilege Rule

    The European Union’s high court ruling that legal professional privilege does not cover communications with in-house counsel during competition probes has not led to a decline in the ability to give confidential advice to attorneys, the Federal Trade Commission said in a blog post Wednesday.

  • October 3, 2018

    Car Dealer Data Co. Settles With Dealerships In Antitrust Case

    The Reynolds and Reynolds Co. has reached a settlement agreement with a group of car dealerships over their claims in multidistrict litigation accusing the company of working with rival CDK Global LLC to monopolize the car dealership data market.

  • October 3, 2018

    CRT Indirect Buyers Seek Fee-Share After 9th Circ. Pushback

    Indirect buyers of cathode ray tubes from three states originally excluded — allegedly inappropriately by class counsel — from a $576.8 million bundle of antitrust settlements with technology giants such as Philips, Panasonic and LG may get a cut after all, following pushback from a Ninth Circuit panel in April.

  • October 3, 2018

    Apple Denied Bid To Pull Back Docs In Qualcomm Fight

    Apple Inc. can’t claw back dozens of documents turned over in its epic patent fight with Qualcomm Inc., a California federal judge ruled Tuesday, saying Apple failed to show that it tried to head off their inadvertent release.

  • October 2, 2018

    Deutsche Libor Trial Judge Eyes Internal Paul Weiss Probe

    The judge overseeing the trial of two former Deutsche Bank traders accused of benchmark rate rigging heard from a Paul Weiss Rifkind Wharton & Garrison LLP partner on Tuesday who led an internal investigation into the German lender over alleged Libor misdeeds, in order to determine if evidence from purportedly compelled statements should be kept out of the jury’s view.

  • October 2, 2018

    Multiple Cos. Dropped From VIX Manipulation MDL, For Now

    Cboe Global Markets Inc. will face multidistrict litigation over alleged manipulation of its volatility index largely alone after investors dropped virtually all other defendants from their case in Illinois federal court, having previously said they wanted to pursue the case in two parts.

  • October 2, 2018

    Anti-Monopoly Group Wants 1st Circ. To Rehear Novartis Case

    An anti-monopolization group urged the First Circuit on Tuesday to revive an antitrust proposed class action against Novartis, saying federal judges should not assume that corporations never get away with omitting information from the U.S. Patent and Trademark Office or other agencies.

Expert Analysis

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • How Blockchain Use Can Block Competition

    Daniel Fenske

    Given that blockchain technology is still developing and new uses are popping up every day, it is impossible to conceive of every anti-competitive problem that could arise. Daniel Fenske and Justin Steffen of Jenner & Block LLP address two antitrust issues that are readily apparent and can be mitigated.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Rebuttal

    Japan SEP Licensing Guide Also Aims To Prevent Abuse

    Jay Jurata

    In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 2 Door Makers And The Gutting Of Pre-Merger Clearance

    Derek Dahlgren

    The Eastern District of Virginia is poised to render a decision in Steves & Sons v. Jeld-Wen that may run into the U.S. Supreme Court’s concerns regarding belated challenges to mergers, as well as potentially create uncertainty in the value of pre-merger clearance under the Hart-Scott-Rodino Act, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.