Competition

  • September 19, 2017

    FTC Contests Impax's Defense Of Opana ER Patent Settlement

    Impax Laboratories Inc. has no pro-competitive justifications for its 2010 patent dispute settlement with Endo Pharmaceuticals Inc. over the drug Opana ER, and none of its defenses of the agreement’s alleged reverse payment hold water, the Federal Trade Commission said in a Friday filing in its administrative proceeding against Impax.

  • September 19, 2017

    Walgreens' $4.4B Rite Aid Buy Advances Despite FTC Friction

    Walgreens said Tuesday it will move forward with its acquisition of 1,932 Rite Aid stores — about 250 less than initially planned — for $4.375 billion, after the reworked deal was approved by the U.S. Federal Trade Commission despite disagreement between the only two commissioners.

  • September 18, 2017

    Ohio State Seeks To Punt Ex-Player’s Suit To State Court

    Ohio State University on Monday said it hasn’t waived its sovereign immunity over claims that banners hung in the school’s football stadium with former football players’ images violate the Sherman and Lanham Acts, urging a federal court to toss the antitrust claims and send the case to state court.

  • September 18, 2017

    Hemlock Asks 6th Circ. To Keep Win Against SolarWorld Unit

    Hemlock Semiconductor Operations LLC on Friday urged the Sixth Circuit not to rehear its decision backing the company's $793 million damages win in a supply contract dispute with a SolarWorld unit, calling the unit's bid for rehearing "baseless."

  • September 18, 2017

    Novo Nordisk, Benefits Co. Get Price Hike Suit Moved To NJ

    A California federal judge agreed Monday to transfer to New Jersey a proposed class action accusing drugmaker Novo Nordisk Inc. and pharmacy benefit manager OptumRx Inc. of conspiring to drive up the price of Novo Nordisk's diabetes drug Victoza, noting that five suits over similar schemes have already been filed in New Jersey federal court.

  • September 18, 2017

    EU OKs RBS Move To Drop Williams & Glyn Sale

    The European Commission gave final approval Monday to Royal Bank of Scotland PLC's bid to avoid selling off a subsidiary under the terms of its financial crisis bailout, finding a new roughly £800 million ($1.1 billion) plan to support challenger banks would do enough to improve competition.

  • September 18, 2017

    Antitrust Policy Should Stay In Its Lane, EU's Vestager Says

    Regulation, not a more expansive use of competition law, is the answer to concerns about everything from food safety to vehicle emissions that have arisen in recent European Union antitrust work, EU competition chief Margrethe Vestager said Monday.

  • September 18, 2017

    US Trade Rep Slams China's 'Mercantilist' Onslaught

    U.S. Trade Representative Robert Lighthizer said Monday that confronting China’s “mercantilist” policies remains a top priority for the Trump administration, along with focusing on bilateral deals and ensuring that American companies can compete without running up against unfair barriers or undue advantages for their peers.

  • September 18, 2017

    DC Drivers Sue Taxi Authority, Operator For Antitrust Claims

    A group of Washington, D.C., cab drivers sued the city’s industry watchdog and the man behind a large group of cab companies in federal court on Friday, saying they’re being shut out of the market and that the agency is helping enforce the “kingpin’s” monopoly.

  • September 18, 2017

    Forest Labs Seeks Quick Win In Celexa, Lexapro MDL

    Forest Laboratories LLC urged a Massachusetts federal court Friday to dismiss claims in multidistrict litigation alleging the company fraudulently promoted antidepressants Celexa and Lexapro to treat pediatric depression, saying the parties haven’t established injury or causation under the Racketeer Influenced and Corrupt Organizations Act.

  • September 15, 2017

    AbbVie AndroGel Patent Suits Baseless, Pa. Judge Finds

    A Pennsylvania federal judge on Friday granted a partial victory to the Federal Trade Commission in its lawsuit alleging drugmakers including AbbVie Inc. filed sham patent litigation against generic rivals over AbbVie's testosterone replacement treatment AndroGel, finding the suits to be without merit based on the patent’s prosecution history.

  • September 15, 2017

    6th Circ. Nixes Objections To $379M Car Parts Antitrust Deal

    The Sixth Circuit on Friday tossed objections to a portion of $379.4 million in settlements reached in multidistrict litigation that alleged that several companies had a role in a conspiracy to rig prices on various auto parts, after the objectors failed to follow proper procedure.

  • September 15, 2017

    EU Antitrust Official Defends Watchdog’s Economic Analysis

    A leading official for the European Commission’s competition authority stayed mostly mum Friday about a recent decision sending an abuse of dominance case against Intel Corp. back to the General Court, but he defended the watchdog’s ability to complete the type of analysis at issue in the case.

  • September 15, 2017

    Conservative-Friendly Gab Hits Google With Antitrust Suit

    Gab AI Inc., owner of a social media home for conservative voices — many of whom have been booted from other outlets — is accusing Google of violating antitrust laws by axing Gab from its app store, according to a suit filed Thursday in Pennsylvania federal court.

  • September 15, 2017

    3 Takeaways From Trump’s Block Of China Chipmaker Deal

    President Donald Trump became just the third U.S. president to formally reject a transaction on national security grounds when he blocked a Chinese private equity firm's proposed $1.3 billion acquisition of chipmaker Lattice Semiconductor Corp. Here, Law360 looks at three takeaways from the move amid increasing global anxiety about foreign acquisitions.

  • September 15, 2017

    PepsiCo Escapes Bottling Co.'s Antitrust Claims

    PepsiCo Inc. on Friday won the dismissal of antitrust claims filed against it by an independent bottling company, with an Iowa federal judge saying the company’s execution of an alleged price squeeze did not run afoul of antitrust laws.

  • September 15, 2017

    Allergan To Pay $15M To End Asacol Antitrust Claims

    A Massachusetts federal judge Thursday granted preliminary approval to a $15 million settlement that would end claims brought by direct purchasers accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their ulcerative colitis drugs.

  • September 15, 2017

    UK Competition Authority Sees Need To Amend Law For Brexit

    The U.K.’s competition law will need to be updated to ensure effective and efficient enforcement of antitrust policy following the country's departure from the European Union, the Competition and Markets Authority told a parliamentary panel in testimony released Friday.

  • September 14, 2017

    Allergan Deal May Set Stage For More Tribal Patent Pacts

    A recent deal struck to shield Allergan PLC’s patents for dry eye medication Restasis behind a New York tribe’s sovereign immunity is drawing fire from generic-drug makers and others who claim the move is an abuse of tribal sovereignty, but attorneys say the pact should prove legal and may pave the way for similar agreements.

  • September 14, 2017

    Fired Chicago Attys Win Fees From Air Cargo Settlements

    Japanese freight transportation company Yusen Logistics must pay its former law firm contingency fees for payments the shipper received from hefty settlements in an air cargo antitrust case, an Illinois federal judge ruled Tuesday.

Expert Analysis

  • How The FTC Has Erred On Innovation Policy Issues

    David Teece

    Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, recently delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention, says David Teece, chairman of Berkeley Research Group LLC.

  • What The Intel Decision Means For European Commission

    Ian Giles

    The European Court of Justice's judgment in the Intel case last week may play an important role in a number of high-profile European Commission investigations of alleged abuses of dominant positions, particularly in the technology and pharmaceutical sectors, say Ian Giles and Jay Modrall of Norton Rose Fulbright.

  • Series

    My Supreme Court Debut: A Lot Of Questions, A Little Luck

    John Bursch

    On the day of my first argument at the U.S. Supreme Court, after I survived the security screening process, I found myself in the lower-level hall where the statue of Chief Justice John Marshall is located. On the advice of a colleague, I rubbed Marshall’s shoe for good luck, says John Bursch, former solicitor general of Michigan.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Cartel Case Against German Automakers Unlikely To Succeed

    David Balto

    At first the cartel allegations plaguing the German auto industry seemed like a slam-dunk, but now the case is not as clear. Any antitrust claim against the German auto industry has two major hurdles to overcome, says David Balto, a former policy director of the Federal Trade Commission Bureau of Competition.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Shkreli Trial And Other Magic Tricks: A Chat With Ben Brafman

    Randy Maniloff

    Ben Brafman’s clients don’t need a lawyer — they need a magician. And for 40-plus years, the man has been pulling rabbits out of hats, most recently finding jurors able to sit fairly in judgment of Martin Shkreli, called “the most hated man in America.” Last month I visited Brafman to discuss his remarkable career, says Randy Maniloff of White and Williams.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Uncertainty Remains For Pharma Product Hopping Liability

    Benjamin Lajoie

    One year after the Third Circuit's decision in Mylan, case law generally affirms that while there is no clear silver bullet, the existence of a “hard switch,” an impending “patent cliff,” and a tightly defined market definition are important considerations to the success of a pharmaceutical product hopping claim under federal antitrust law, say Benjamin Lajoie of Bailey & Glasser LLP and Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.