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Competition

  • January 1, 2019

    Life Sciences Cases To Watch In 2019

    The life sciences industry will be keeping an eye on courtrooms around the country in 2019, watching to see how the U.S. Supreme Court decides a legal battle over patent protection for drugs and monitoring the fallout from federal prosecutors’ decision to spike a False Claims Act case. Here are seven cases life sciences attorneys say they'll be following in the coming year.

  • January 1, 2019

    Telecom Developments To Watch In 2019

    As practitioners in the telecommunications industry look ahead toward 2019, many expect a flurry of activity out of the Federal Communications Commission with an eye toward inking new rules ahead of the 2020 elections and in light of the possibility of a White House administration shakeup.

  • December 21, 2018

    Parts Of $69B CVS-Aetna Deal Gets Temporary Greenlight

    After CVS Health Corp. agreed to submit quarterly declarations that it is keeping parts of its business separate from its recently purchased Aetna Inc. assets, a D.C. federal judge said Friday that he won't stop CVS' efforts to integrate other parts of Aetna's business while he reviews the multibillion-dollar merger.

  • December 21, 2018

    UBS Agrees To Pay States $68M Over Libor Rigging

    UBS AG has agreed to pay $68 million in a settlement with 39 U.S. states and the District of Columbia for manipulating its London Interbank Offered Rate submissions in order to dodge bad publicity and benefit its trading positions, prosecutors said Friday.

  • December 20, 2018

    UK, Others Raise Red Flags Over Alstom, Siemens Merger

    A group of competition authorities in four countries on Thursday seconded the European Commission's concerns about the planned merger of Siemens AG's and Alstom SA's railway businesses.

  • December 20, 2018

    Libor Prosecutors Told To Sift Their Work From Paul Weiss'

    A Manhattan federal judge on Wednesday suggested prosecutors retrace a five-year investigation into former Deutsche Bank AG traders accused of rigging the London Interbank Offered Rate and delineate it from work by the bank's counsel at Paul Weiss Rifkind Wharton & Garrison LLP.

  • December 20, 2018

    Takeda’s Patent Infringement Suit Not Antitrust-Proof

    Patent infringement lawsuits challenging generic drug applications aren’t automatically immune from antitrust claims, a New Jersey federal judge ruled Wednesday, refusing to toss counterclaims accusing Takeda Pharmaceutical Co. Ltd. of trying to illegally maintain its monopoly on a heartburn therapy with “sham” infringement claims.

  • December 20, 2018

    Worker Wants Papa John's No-Poach Suits Consolidated

    A former Papa John's employee asked the U.S. Judicial Panel on Multidistrict Litigation to consolidate her proposed antitrust class action with the two others currently filed against the pizza chain over no-poaching agreements barring hiring or recruitment between franchises.

  • December 20, 2018

    Convicted Ex-Barclays Trader Told To Pay Up In Euribor Case

    A London judge on Thursday ordered a former Barclays trader previously sentenced to eight years in prison for plotting to manipulate a key European interest rate benchmark to cough up £77,354 ($98,000) in criminal proceeds or face an additional three years of incarceration.

  • December 20, 2018

    Witness Collusion Accusations Fly In Airline Price-Fixing Suit

    A Japanese airline was taken aback by accusations that it is working to keep witnesses away from the upcoming trial of the last airline remaining in long-running antitrust litigation over fares for trans-Pacific flights, stepping back into the case to rebut the allegations after settling out four years ago.

  • December 20, 2018

    Film Studios Offer To End Anti-Competitive Movie Deals In EU

    NBCUniversal, Sony Pictures and Warner Bros. have offered to get rid of anti-competitive movie deals in an effort to end an antitrust investigation, after Disney and Paramount made similar concessions, the European Commission announced Thursday.

  • December 20, 2018

    Dealers Want Final OK On Reynolds' $29.5M Antitrust Deal

    Auto dealerships asked an Illinois federal judge on Wednesday to definitively sign off on their $29.5 million deal that would jettison Reynolds and Reynolds Co. from their class action alleging the auto software company conspired with another industry giant to monopolize the dealer data market.

  • December 20, 2018

    EU Watchdog Accuses 4 Banks Of Sovereign Bond Cartel

    The European Commission has tentatively accused major lenders including Deutsche Bank and Credit Suisse of breaching its antitrust laws by rigging prices for sovereign bonds and related debt, echoing civil claims brought in U.S. against a number of banking giants.

  • December 19, 2018

    Museums Beat 'Art Bastard's $100M Antitrust Suit, For Now

    A New York federal judge Wednesday tossed a proposed class action from the so-called "Art Bastard," who claims New York museums conspire with art galleries to keep artists such as himself out, finding he failed to show that his work belongs in the museums but still allowing him another chance.

  • December 19, 2018

    US Needs Tougher Tech Antitrust Enforcement, Sens. Hear

    U.S. authorities must more rigorously enforce antitrust laws to deter competition-eroding conduct by dominant technology platforms, competition scholars told lawmakers Wednesday.

  • December 19, 2018

    Litigation Funder On Hook For $8.9M Award, Cotton Cos. Say

    Two U.S. cotton companies that were handed an $8.9 million arbitration award in a dispute against an Indian yarn spinner told a California federal judge Wednesday that a litigation funder used by their opponent in association with the case should also be responsible for the judgment.

  • December 19, 2018

    The Biggest Telecom Policy Developments Of 2018

    During 2018, the Federal Communications Commission freed up spectrum for new technologies, cracked down on robocallers and made infrastructure deployment speedier at the local level. Here’s a recap of some of the biggest telecom policy developments from the past year.

  • December 19, 2018

    The Top Antitrust Cases Of 2018

    It was a big year for antitrust law, dominated by the first vertical merger challenge to go to court in 40 years, evolving market considerations, contentious technology patent licensing fights and more.

  • December 19, 2018

    Generic-Drug Cos. Want AGs To Shut Up About Price-Fixing

    Generic-drug companies facing multidistrict litigation and ongoing probes into alleged price-fixing are tired of hearing about them in the news, according to a brief filed in Pennsylvania federal court Tuesday that argues state attorneys general offices have violated legal and ethical requirements to keep mum.

  • December 19, 2018

    Retailers Chop Chicken Of The Sea From Tuna Price-Fix MDL

    Thirty food retailers including Kmart, Dollar Tree and Family Dollar have cut Chicken of the Sea from massive multidistrict litigation in California federal court accusing packaged seafood producers of fixing prices for canned tuna.

Expert Analysis

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Door Maker Case Tests Meaning Of DOJ Merger Review

    Derek Dahlgren

    A Virginia federal court's recent ruling in Steves and Sons v. Jeld-Wen opens the possibility that a U.S. court would permit divestiture as a remedy in private litigation for a merger already closed years before, says Derek Dahlgren of Rothwell Figg Ernst & Manbeck PC.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • FRAND And Antitrust: Misconceptions Vs. Reality

    Thomas Cotter

    If you read about the role of antitrust law in regulating the conduct of standard-essential patent owners, you may find yourself a bit confused over exactly what that role is. The current state of the law is more nuanced than recent discussions suggest, says Thomas Cotter, a professor at the University of Minnesota Law School.

  • Prosecutors Avoid 5th Amendment Showdown In Libor Case

    Justin Shur

    Former Deutsche Bank trader Gavin Black was recently convicted of wire fraud and conspiracy in connection with Libor manipulation. However, absent from the government’s case were Black's statements made during internal investigations, which leaves open an important Fifth Amendment question, say Justin Shur and Eric Nitz of MoloLamken LLP.

  • What We Heard At The FTC Hearings: Days 3, 4 And 5

    David Chiappetta

    Last week, the Federal Trade Commission held the third hearing in its series on competition in the 21st century, which covered multisided platforms, labor issues, and acquisitions in nascent markets. Attorneys with Perkins Coie LLP offer some key takeaways.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • 1st Circ. Weighs In On Uninjured Class Members Issue

    Alden Atkins

    In antitrust cases, plaintiffs and defendants often debate whether a class can be certified if it contains uninjured persons and, if so, how many is too many. The First Circuit's decision this month in Asacol highlights the uncertainty across circuits about where to draw the line, say Alden Atkins and Ryan Will of Vinson & Elkins LLP.

  • The Fight Against No-Poach Agreements Is Expanding

    Paul Eckles

    Washington state's attorney general has reportedly reached agreements with 30 national chains to remove no-poach clauses from their U.S. franchise contracts. A flurry of private lawsuits has followed, and other states are beginning investigations. Franchises must prepare for scrutiny, say attorneys with Skadden Arps Slate Meagher & Flom LLP.