The U.S. Department of Justice this week cleared CVS' planned $69 billion purchase of Aetna, a combination that's been closely watched for its potential to shake up the industry and for any insights into how antitrust agencies will view mergers between players in adjacent industries going forward. Here, Law360 looks at some takeaways from the latest health care megadeal.
Student-athletes challenging the NCAA's rules limiting player compensation in a landmark antitrust bench trial have urged a California federal judge not to admit a new "offer of proof" about the burdens of upending those rules from a deposition witness who never testified.
Several states urged the U.S. Supreme Court on Monday to overturn its landmark Illinois Brick ruling, which limits who can pursue damages under federal antitrust law, providing support to app buyers accusing Apple of illegally monopolizing the iPhone app market.
Commissioner Michael O’Rielly on Tuesday dished heavy criticism upon the Federal Communications Commission’s in-house review process for mergers, which he said is plagued by loopholes that allow proceedings like Sinclair-Tribune to languish and too often cause merging parties to abandon their deals.
Wolters Kluwer Health Inc. was hit with an antitrust lawsuit Tuesday in California federal court that alleges the publisher monopolizes the market for health science periodicals.
The U.S. Supreme Court should affirm that a court has the authority to determine whether an antitrust suit involving two dental equipment companies must be arbitrated or litigated, even if the underlying contract incorporated rules delegating such questions to an arbitrator, a Columbia law school professor has argued in an amicus brief.
A New York federal judge has ordered both sides in a $25 million competition suit against JPMorgan Chase & Co. to refile their motions over what evidence to allow at trial without the “extremely excessive” redactions, saying that by his estimation, up to 90 percent of the redacted information should not have been concealed.
Baker Donelson Bearman Caldwell & Berkowitz PC can’t represent a Blue Cross Blue Shield unit against antitrust claims lodged by United Allergy Services, as it had represented the latter in related allegations years before, a Louisiana federal judge ruled Tuesday.
The Federal Trade Commission has agreed to greenlight a multibillion-dollar merger between casino operators Penn National Gaming Inc. and Pinnacle Entertainment Inc. contingent on their divestiture of casino properties near St. Louis; Kansas City, Missouri; and Cincinnati.
Multidistrict litigation accusing American Express of keeping competitors at bay by not letting merchants steer customers toward other cards appeared bound for trial after the charge card giant told a New York federal judge Monday it has decided not to challenge one of the possible markets identified by retailers.
A group of investors asked an Illinois federal judge Monday to certify a class in their suit alleging that Kraft Foods Inc. and a snack-food spinoff hurt commodity traders by manipulating wheat prices in 2011.
A potential class of consumers has asked a Kansas federal judge to sanction Mylan NV for allegedly interfering with discovery and withholding documents and emails that consumers are seeking in an antitrust suit alleging the pharmaceutical company drove up the price of emergency allergy treatment EpiPen.
Attorneys for a group of investors have asked a New York federal court for $151 million in fees for their work in an antitrust lawsuit brought by their clients alleging that a group of financial firms manipulated global swaps and options benchmark ISDAfix.
Britain’s Serious Fraud Office said Tuesday it will not challenge a landmark appellate ruling that found legal privilege protected advice a law firm gave mining giant ENRC before it faced a corruption investigation by the white-collar crime agency.
The U.S. Department of Justice cleared United Technologies Corp.'s $23 billion cash and stock bid to buy fellow aerospace equipment supplier Rockwell Collins Inc., noting in an announcement Monday that its blessing is conditional on UTC getting rid of businesses related to aircraft ice protection and stabilization systems.
Qualcomm has urged a California federal judge to reject Apple’s efforts to pare back counterclaims in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, blasting Apple for bringing accusations of shirked patent-licensing obligations only to claim Qualcomm cannot pursue the reverse.
A Nevada federal court has refused to toss a suit accusing data center operator Switch Ltd. of using anticompetitive tactics to squeeze out rivals and cement its dominance over certain services in Las Vegas.
The U.S. Supreme Court on Monday refused to hear an appeal of the Philadelphia Taxi Association's case accusing Uber Technologies Inc. of anti-competitive pricing and alleging its drivers don't comply with the regulations imposed on taxis by the Philadelphia Parking Authority.
The U.S. Supreme Court on Monday approved the federal government's request to appear during oral arguments supporting Apple as the technology giant tries to toss a proposed class action claiming it illegally monopolized the iPhone app market, driving up consumer prices.
The U.S. Supreme Court on Monday chose not to hear a California broadcaster’s decadeslong challenge to block a license transfer, leaving in place a D.C. Circuit decision that upholds a sales agreement between the broadcaster and Entercom.
A group of electronics makers including Panasonic asked a California federal court on Friday to pull the plug on an antitrust suit accusing them of creating a cartel to stabilize prices of electrical inductors, saying the suit is based on speculation.
The Serious Fraud Office has landed another mixed result in its prosecution of several former Barclays and Deutsche Bank traders for manipulating Euribor, the latest in the white collar specialist's latest effort to hold individuals accountable for rigging key benchmark interest rates. Here, Law360 looks at the highlights of the SFO's long-running campaign.
A D.C. federal judge has rejected the U.S. Department of Justice’s arguments that AT&T’s planned purchase of Time Warner would hurt competition and drive up consumer costs, dealing a major blow to the government’s first court challenge of a vertical merger in decades. Here, Law360 looks at how we got here, the key issues and highlights of the case.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
The U.S. Food and Drug Administration recently unveiled its Biosimilars Action Plan, intended to help streamline the development of biosimilars and promote competition across the market. This is similar to the FDA's 2017 plan focused on generic drugs, but key differences may help the BAP fare better at achieving its objectives, say attorneys at Morgan Lewis & Bockius LLP.
In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.
A recent Law360 guest op-ed criticized the judge in the Chicago Board Options Exchange antitrust litigation for requesting more diversity in plaintiffs’ lead counsel applications. The author’s argument misinterprets the Federal Rules of Civil Procedure and reinforces archaic misconceptions about women and minorities in the courtroom, say Kellie Lerner and Chelsea Walcker of Robins Kaplan LLP.
The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.
Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.
The Japan Patent Office's new guide to licensing for standard-essential patents maintains an admirable neutrality in tone, language and substance, making it an effective reference tool for all sides in SEP licensing, says David Kappos, a partner at Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.
Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.
In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.
It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.
As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.