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Competition

  • June 29, 2018

    Kroger, Hy-Vee Sue Chicken Cos. Over Alleged Price-Fixing

    Grocery giants The Kroger Co., Hy-Vee Inc. and Albertsons Cos. Inc. are the latest to accuse Tyson and other chicken producers of an alleged conspiracy to fix broiler chicken prices, with the grocers filing suit over the claims in Illinois federal court on Friday.

  • June 29, 2018

    Drug Wholesaler Alleges Pay-For-Delay Scheme By Novartis

    A defunct Illinois drug distribution company filed putative class antitrust allegations against Novartis Pharmaceuticals Corp. and Par Pharmaceutical Inc. on Friday, alleging in New York federal court that the pair cooked up a pay-for-delay scheme for Novartis' high blood pressure drug Exforge.

  • June 29, 2018

    Warren, Booker Worry Wage-Sharing Rule Hurting Workers

    Democratic Sens. Cory Booker and Elizabeth Warren on Thursday urged the U.S. Department of Justice and the Federal Trade Commission to rethink their “safety zone” for allowing employers to share detailed wage information without violating antitrust laws.

  • June 29, 2018

    Trump Says He Will Announce Supreme Court Nominee July 9

    President Donald Trump said Friday he will announce his nominee to take Justice Anthony Kennedy’s place on the U.S. Supreme Court on July 9, and that he has narrowed down the pool of candidates to “around” five people, including two women.

  • June 29, 2018

    Health Hires: Fenwick, Dechert, Holland & Hart, Carlton Fields

    Fenwick & West LLP, Dechert LLP, Holland & Hart LLP, Carlton Fields, Aerie Pharmaceuticals Inc. and Milberg Tadler Phillips Grossman LLP have grown their health and life sciences abilities with attorneys from White & Case LLP, Simpson Thacher & Bartlett LLP, Stoel Rives LLP, Polsinelli PC, Sanofi and Girard Gibbs LLP.

  • June 29, 2018

    Kennedy's Retirement: Legacy, Fallout & The Battle Ahead

    Justice Anthony M. Kennedy, the longest-serving active member of the U.S. Supreme Court, announced his retirement Wednesday after three decades on the high court. Here, Law360 analyzes his immense impact and what his departure means for the future of the court.

  • June 29, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen more than a dozen U.K. municipal authorities lodge a derivatives suit against Barclays, a hedge fund accuse Portugal's Novo Banco of tripping a default for billions of euros worth of debt and a dispute between a unit of troubled specialty reinsurer CBL Corp. and one of its former originating insurers.

  • June 29, 2018

    AbbVie, Besins Owe $448M In FTC Androgel Antitrust Case

    AbbVie Inc. and an affiliate must pay $448 million in the Federal Trade Commission’s suit alleging they netted more than $1 billion after bringing sham patent lawsuits to stave off generic competition to AbbVie’s AndroGel testosterone replacement drug, a Pennsylvania federal court ruled Friday.

  • June 29, 2018

    Reps. Press FCC On Pending Spanish TV Network Dispute

    Two Democratic House Reps from California have asked the Federal Communications Commission when it will decide whether to reconsider Liberman Broadcasting's petition accusing Comcast of stifling competition by allowing Estrella TV to be dropped from certain markets after the two telecoms could not agree on carriage talks. 

  • June 29, 2018

    Broadway Producers Drop Cartel Claims Against Casting Cos.

    A trade association for Broadway theater workers has dropped a lawsuit accusing several casting companies and New York's Teamsters Union of forming a cartel, after months of settlement negotiations, the group has told a New York federal judge. 

  • June 28, 2018

    Ex-Willkie, Hunton Partner Disbarred Over $7.8M Fraud

    A former partner at Willkie Farr & Gallagher LLP and Hunton & Williams LLP was disbarred in New York on Thursday after pleading guilty to a $7.8 million wire fraud scheme in which she billed her former employers and MasterCard Inc. for work that was never performed.

  • June 28, 2018

    Why The Defense Bar Celebrates Kennedy

    Associate Justice Anthony Kennedy spent his three decades on the high court making a name for himself as a champion of individual freedoms, but he also authored the majority opinion in Ashcroft v. Iqbal that changed corporate litigation so much, it is cited in nearly every dismissal bid and has become the bane of the plaintiffs bar.

  • June 28, 2018

    UK Watchdog Looks To Revive £89M Drug Pricing Fine

    The U.K. competition authority said Thursday it has asked to appeal a tribunal’s decision ordering it to take a second look at a case wherein the watchdog slapped Pfizer and Flynn Pharma with a £89.4 million ($116.9 million) fine after finding excessive and unfair pricing of an anti-epilepsy drug.

  • June 28, 2018

    Roberts Becomes True Power As 'Kennedy Court' Ends

    The retirement of Justice Anthony Kennedy means that Chief Justice John Roberts is now the U.S. Supreme Court's most important member not just in title but also in reality, empowering him to advance a muscular conservative agenda and perhaps broker deals with outgunned liberals.

  • June 28, 2018

    FCC's O'Rielly Says Admin Hearings Wrongly Kill Mergers

    The Federal Communications Commission’s administrative law judge system is one of the easiest ways to strangle a proposed media merger, Commissioner Michael O'Rielly suggested Thursday, saying in a speech that the agency’s in-house review process should be scrapped.

  • June 28, 2018

    Consumers Slam Qualcomm's Bid To Limit IPhone Imports

    Smartphone consumers urged a California federal judge Thursday to prevent Qualcomm's attempt to force Apple to only import iPhones with Qualcomm chipsets, saying the chipmaker must face their antitrust multidistrict litigation over its patent licensing practices first.

  • June 28, 2018

    FCC Urged To Halt Sinclair-Tribune Deal Over Rules Review

    Nonprofit groups Public Knowledge and Common Cause on Thursday told the Federal Communications Commission to wait before deciding if Sinclair Broadcast Group Inc. can merge with Tribune Media Co. until after the D.C. Circuit has looked at whether the agency's viewership discounts under its UHF rule are lawful.

  • June 28, 2018

    Delay On Kennedy Replacement 'Ain't Going To Happen': GOP

    High-ranking Republicans on the Senate Judiciary Committee stood firm Thursday on keeping Majority Leader Mitch McConnell's promise to vote this fall on a replacement for retiring U.S. Supreme Court Justice Anthony Kennedy, with one saying Democrats' calls to wait until after the November midterms "ain't going to happen."

  • June 27, 2018

    From Iqbal To Citizens United: Kennedy's Biggest Decisions

    In his three decades on the high court, Justice Anthony Kennedy authored opinions that changed the rules for federal civil litigation, opened the floodgates for corporations and unions to fund campaign advertisements, and reshaped the legal landscape for women and same-sex couples.

  • June 27, 2018

    Life After Kennedy: 1 Big Question, 6 Judges To Watch

    President Donald Trump made it clear Wednesday that the world already knows the name of the person he is going to nominate to replace retiring Associate Justice Anthony M. Kennedy. The question is, which name will it be?

Expert Analysis

  • Insurers A Little Bluer After BCBS Antitrust Decision

    craig.jpg

    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • Antitrust Damages Analysis Can Respect International Comity

    Pian Chen

    A controversial issue argued Tuesday before the U.S. Supreme Court was whether the Second Circuit should have given complete deference to a declaration that price-fixing by two vitamin C manufacturers was required by Chinese law. When a foreign government’s regulation is exempt, measuring damages attributable only to the cartel respects international comity while also recognizing how foreign cartels can harm U.S. customers, say members of Monument Economics Group.

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • Opinion

    Why The 'New Brandeis Movement' Gets Antitrust Wrong

    Joseph Coniglio

    In presenting the core tenets of the “New Brandeis movement,” a recent article in the Journal of European Competition Law & Practice exposes a flawed understanding of the relation between anti-monopoly and American democracy, confirms concerns that this movement heralds a return to “big is bad,” and misconstrues the Chicago School’s intellectual foundations, says Joseph Coniglio of Wilson Sonsini Goodrich & Rosati PC.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Can A Single FTC Commissioner Constitute A Quorum?

    Stephen Calkins

    With Federal Trade Commissioner Terrell McSweeny resigning soon, acting Chairman Maureen Ohlhausen could become the sole commissioner. The FTC seems to think it can act by a 1-0 vote, but this may be unlawful and is certainly unwise, say Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Avoiding Pitfalls In Physician Practice Acquisitions

    Excerpt from Lexis Practice Advisor
    William Eck

    The past few years have seen a resurgence in the acquisition of physician practices, both by hospitals and by private equity firms. However, acquiring a physician group carries special challenges in view of the heavy regulation of the health care provider industry, says William Eck of Seyfarth Shaw LLP.

  • Opinion

    The Flawed European Remedy To Bayer-Monsanto Deal

    Allen Grunes

    It is a safe bet that the U.S. Department of Justice is poised to sign on to the European agreement on Bayer’s acquisition of rival Monsanto, perhaps with a few tweaks. Even so, the Bayer-Monsanto transaction is likely to harm U.S. farmers, say Allen Grunes and Maurice Stucke, founders of The Konkurrenz Group.