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Competition

  • December 19, 2018

    Cocaine Anesthetic Not FDA-Approved, Rival Drugmaker Says

    A cocaine-based anesthetic that has been on the market since at least 2008 never received U.S. Food and Drug Administration approval, though generic-drug maker Lannett Co. Inc. has led buyers to believe otherwise, according to a suit filed Tuesday in a California federal court.

  • December 19, 2018

    UK Looks Harder At Thermo Fisher $925M Microscope Deal

    The U.K.’s competition watchdog said Wednesday that Thermo Fisher Scientific Inc. must address concerns that the company's $925 million planned purchase of Roper Technologies' electron microscopes services business may increase prices for university and other U.K. consumers who use electron microscopes.

  • December 19, 2018

    Apple Loses In Second Bite At Qualcomm Discovery Battle

    Apple Inc. lost a bid to claw back documents it said were mistakenly disclosed during the discovery phase of a patent suit against competitor Qualcomm Inc., when a California federal judge upheld a magistrate’s ruling that the company had waived its right to keep the documents private.

  • December 19, 2018

    Direct Capacitor Buyers Cut $120M Deal In Price-Fix Suit

    Two Japanese capacitor makers have agreed to shell out $108 million with an additional $12 million contingency to settle claims by a direct buyer class in sprawling multidistrict litigation alleging that dozens of overseas manufacturers plotted to boost the price of the electronic component over the course of a decade.

  • December 19, 2018

    Entwistle & Cappucci To Lead Tribune Stock-Drop Suit

    An Illinois federal judge Tuesday approved Entwistle & Cappucci LLP as lead counsel and Moirano Gorman Kenny LLC as liaison counsel in a proposed class action filed in September alleging Tribune Media officials hid the impending collapse of a $3.9 billion merger with Sinclair Broadcasting.

  • December 19, 2018

    Antitrust Enforcer Threatens Action Over Loyalty Penalties

    Regulators and the government should take firmer enforcement action in financial services markets over the next year to stop companies from overcharging long-standing customers, including instituting price caps and naming and shaming businesses that didn't shape up, the Competition and Markets Authority said Wednesday.

  • December 19, 2018

    Lufthansa Antitrust Probe Must Get Off The Ground, EU Told

    A European travel group whose members include Trivago NV, Expedia Group and Booking.com called on the bloc’s antitrust arm Wednesday to launch an overdue investigation into the group's claims that the German airline Lufthansa wields its dominance to cut other ticket sellers from the market.

  • December 18, 2018

    T-Mobile Tie-Up Inches Closer To Finish Line With Security OK

    Sprint and T-Mobile have notched approval from U.S. national security officials to proceed with their proposed merger, clearing a hurdle that could have impeded the Federal Communications Commission's recently restarted review of the deal.

  • December 18, 2018

    EpiPen MDL Gets Special Master To Deal With Disputed Docs

    A Kansas federal court has appointed a special master to settle a discovery dispute between Mylan and Sanofi in multidistrict litigation over EpiPen price hikes after the companies failed to sort out their disagreements over more than 2,000 documents on Sanofi’s privilege log.

  • December 18, 2018

    Celgene Wants Mylan Sanctioned For Bid To Add Witnesses

    Celgene Corp. urged a New Jersey federal judge Tuesday to reject Mylan Pharmaceuticals Inc.’s bid to add three consumer witnesses in its antitrust case against Celgene over cancer drugs Thalomid and Revlimid, or at least sanction Mylan through attorneys’ fees and costs in connection with additional discovery related to the witnesses.

  • December 18, 2018

    Where 5 Top MDLs Stand At The End Of 2018

    The past year was a lively one on the multidistrict litigation docket as major MDLs over the opiate crisis and the Equifax data breach got up and running, while cases concerning a Monsanto weedkiller and a common hospital technology revved for early bellwether trials.

  • December 18, 2018

    NCAA's Antitrust Violation 'Pretty Clear,' Judge Says

    A California federal judge told parties at the close of a landmark antitrust bench trial over athlete pay limits Tuesday that it seems "pretty clear" that the NCAA committed an antitrust violation, but she questioned how it could be quantified and appeared wary of million-dollar bidding wars over college athletes.

  • December 18, 2018

    Sen. Warren Wants HHS To Make, Sell Generic Drugs

    U.S. Sen. Elizabeth Warren, D-Mass., on Tuesday introduced a bill that would allow the U.S. Department of Health and Human Services to make and sell some generic drugs, particularly insulin, in the hopes of making them affordable for consumers.

  • December 18, 2018

    Chamber, Legal Group Back Comcast In Antitrust Ad Row

    Comcast Corp. has received support from the U.S. Chamber of Commerce and the right-leaning Washington Legal Foundation in its Seventh Circuit fight against a $75 million antitrust suit over ad sales, with both organizations arguing the cable provider's actions only demonstrate rational business decisions.

  • December 18, 2018

    Judge Scolds DOJ For 'Defensive' Attitude In CVS-Aetna Case

    A D.C. federal judge took U.S. Justice Department lawyers to task for a second time Tuesday over their court filings as they seek final approval of the multibillion-dollar merger of CVS and Aetna, calling their tone "unnecessarily defensive."

  • December 18, 2018

    FTC Gets Qualcomm Expert Nixed Before Antitrust Trial

    The Federal Trade Commission won its bid to exclude testimony from a Qualcomm expert who crafted his opinion out of documents the chipmaker submitted too late, a California federal judge has ruled just a few weeks before the agency’s antitrust trial is set to kick off.

  • December 18, 2018

    Apple Settles Swiss Antitrust Case Over Payment App

    Switzerland’s competition authority has closed an investigation into the launch of Apple Pay in the country after the tech giant agreed to take steps to make sure its rollout of the program doesn’t interfere with a similar app used by Swiss banks at cash registers.

  • December 18, 2018

    Jury Clears Ramen Noodle Makers In Antitrust Suit

    A California federal jury has found that Korean ramen companies were not liable for price-fixing, following a rare antitrust class action jury trial that lasted well over a month.

  • December 18, 2018

    Antitrust Chief’s SEP Injunction Speech Puts Focus On Courts

    A recent speech by the head of the U.S. Department of Justice’s Antitrust Division suggesting that injunctions based on standard-essential patents should be more readily available could embolden owners of such patents in litigation, but it’s not clear that courts will follow his lead on the issue, attorneys say.

  • December 18, 2018

    Panasonic, Others To Pay $33M To Indirect Resistor Buyers

    Panasonic Corp. and several other electronics companies will pay more than $33 million to indirect buyers of resistors used in common electronic devices under the terms of proposed antitrust settlements filed in California federal court.

Expert Analysis

  • ​Takeaways From Senate Antitrust Enforcement Hearing

    Joseph Bial

    While testifying before the Senate's antitrust subcommittee earlier this month, the chairman of the Federal Trade Commission and the head of the U.S. Department of Justice Antitrust Division provided additional detail about several of the agencies’ initiatives, say attorneys with Paul Weiss Rikfind Wharton & Garrison LLP.

  • Roundup

    Trade Wars

    Trumps Trade Wars Logo 03.jpg

    This special series examines the legal, strategic and economic dimensions of the Trump administration's trade agenda, and assesses what the recent shifts in U.S. trade policy may mean for the country and for the established system of international commerce.

  • Series

    Trade Wars: Restricting Foreign Access To US Technology

    Hdeel Abdelhady

    The tech industry is now at the center of policies designed to protect U.S. technology from foreign access and influence — including not only restrictions on foreign investment, but also supply chain exclusions, limits on academic research, curbs on third-country technology transfers and measures against foreign control of key raw materials, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • ​Are You Ready For Your Congressional Investigation?

    Brian Smith

    ​The Democratic Party is ​expected to take control of the House of Representatives next year,​ ​which​ will dramatically increase the congressional investigations risks for ​the ​private sector.​ Prime targets include pharmaceutical, financial services and technology ​companies, says Brian Smith of Covington & Burling LLP.

  • Series

    Trade Wars: Top 10 Trump Trends

    Charles Skuba

    The inner workings of the Trump economics and trade team remain foggy, but the administration's trade strategy can be discerned from the public statements of the president and his advisers. Unpredictability, mercantilism, bilateralism and a willingness to accept collateral damage are among the most important patterns, says Charles Skuba of Georgetown University’s McDonough School of Business.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • Series

    Trade Wars: Tariffs Threaten To Outweigh Tax Reform Gains

    Erica York

    In the next installment of this series examining the dimensions of the Trump administration's trade agenda, Erica York of the Tax Foundation discusses how the economic harm caused by tariffs could slow or offset the economic and employment benefits of tax reform.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Series

    Trade Wars: When Trade And National Security Converge

    Mario Mancuso

    Increasing tariffs, new scrutiny of foreign investments in U.S. companies, and export controls over “emerging and foundational” technology are part of a Trump administration strategy to advance national security objectives using economic tools. These measures are ushering in a new era of trade restrictions, say attorneys with Kirkland & Ellis LLP.