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Competition

  • June 20, 2018

    Feds Stuck In The Past On Telecom, FCC's O'Rielly Says

    Federal Communications Commission member Michael O'Rielly blasted U.S. antitrust regulators' "outdated and misguided" view of telecommunications companies, saying Wednesday the successful repeal of net neutrality rules and the now-complete AT&T-Time Warner merger show the government is out of step with market realities. 

  • June 20, 2018

    Data Co. Says SAP Faked Partnership To Steal Trade Secrets

    Data analytics company Teradata Corp. accused SAP in California federal court on Tuesday of stealing trade secrets while collaborating on a joint project and then using that information to develop its own rival database management software.

  • June 20, 2018

    Allergan Denies Delaying Restasis Generic In Bid To Stop MDL

    Allergan Inc. asked a New York federal court to throw out multidistrict litigation over its alleged effort to delay the launch of a generic version of Restasis, the company’s dry-eye medication, saying there’s no evidence its actions caused a generic not to be approved.

  • June 20, 2018

    Bleichmar Fonti To Lead Endo Investors' Par Pharma Suit

    A Pennsylvania federal judge appointed Bleichmar Fonti & Auld LLP as lead counsel in Endo International PLC shareholders' suit claiming the company concealed knowledge of alleged price-fixing by Par Pharmaceutical Holdings Inc. before acquiring the business, finding Tuesday that the firm’s client was best suited to lead the proposed class action.

  • June 20, 2018

    Ex-UBS Trader Can't Slip FCA Ban Despite 'Troubling' Probe

    A U.K. appeals tribunal on Wednesday upheld a Financial Conduct Authority order banning a former UBS AG trader from holding any role in the financial services industry, but warned that it found the regulator’s pursuit of individuals in the Libor manipulation probe “troubling.”

  • June 20, 2018

    EU Says Luxembourg Must Recoup €120M In Tax From Engie

    Luxembourg must recoup €120 million ($139 million) in unpaid taxes from French energy company Engie due to illegal state aid on a tax deal, the European Commission said Wednesday as the company quickly denied the charges and vowed to appeal.

  • June 20, 2018

    NY Hits Deutsche Bank With $205M Fine Over Forex Business

    New York’s banking regulator said Wednesday that Deutsche Bank AG has agreed to pay a $205 million penalty as part of a settlement resolving state banking law violations stemming from an investigation into the German bank’s foreign exchange trading business.

  • June 20, 2018

    EU Clears Cypriot Plan To Fold Bank With €6B In Bad Loans

    The European Commission has approved a Cypriot government plan to inject €3.5 billion ($4 billion) into the country’s second-largest lender to facilitate its liquidation, which will see some of its assets and deposits sold off to fellow national lender Hellenic Bank PCL.

  • June 20, 2018

    Disney Boosts Bid For 21st Century Fox To $71.3B

    The Walt Disney Co. has agreed to raise its offer for the film and television studios of 21st Century Fox to roughly $71.3 billion, according to a Wednesday statement, setting up a potential bidding battle with Comcast.

  • June 19, 2018

    CVS, Aetna 'Deserve Nobel' If Merger Helps Consumers: Prof

    CVS Health Corp.'s planned $69 billion purchase of the insurance giant Aetna Inc. drew criticism from academics testifying Tuesday before the California Insurance Commission, with a Wharton School management professor calling the industry “full of BS” and saying the companies "deserve the Nobel Prize" if they deliver on the benefits they are claiming.

  • June 19, 2018

    Au Pair Wage-Rigging Collective Action Heads For Trial

    A Colorado federal judge refused Tuesday to enter judgment for former au pairs or the sponsoring agencies they accuse of colluding to set low pay rates in a Fair Labor Standards Act collective action, concluding that too many factual disputes remain to close out the case.

  • June 19, 2018

    Dental Startup Beats Big Distributors' False Ad Claims

    A startup dental supply company exaggerated its ability to offer lower prices than two larger distributor rivals, but they didn’t show that consumers would have cared, a New York federal judge ruled Monday in axing the rivals’ claims.

  • June 19, 2018

    Apple Pushes Monopoly Concerns In Qualcomm ITC Fight

    Apple attorneys questioned an expert witness for Qualcomm on the potential competition effects of the chipmaker’s bid to ban Intel-equipped iPhones from the U.S. during a hearing Tuesday at the International Trade Commission, pressing a claim that a ban on imports of the phone could hand Qualcomm monopoly power and push Intel out of 5G development.

  • June 19, 2018

    MasterCard Settles British Airways Swipe Fee Antitrust Row

    MasterCard has managed to resolve one of the myriad antitrust cases against it over its old interchange fees, with the United Kingdom's Competition Appeal Tribunal on Monday tossing a case from British Airways after the two sides came to an undisclosed settlement.

  • June 19, 2018

    DC Circ. Backs Boehringer In FTC Atty-Client Privilege Row

    The D.C. Circuit refused to overturn a ruling that communications subpoenaed from Boehringer Ingelheim Pharmaceuticals Inc. during a Federal Trade Commission pay-for-delay investigation are covered by attorney-client privilege, saying Tuesday one of their main purposes was to get legal advice.

  • June 19, 2018

    Patients Want New Reps In Hospital Price Hike Row

    Hospital patients in an antitrust suit alleging NorthShore University Health System harmed the market for acute-care inpatient services asked an Illinois federal judge to add new proposed class representatives to their case on Monday, saying the substitute plaintiffs better fit the suit’s claims in the wake of the first class being decertified. 

  • June 19, 2018

    Sprint, T-Mobile Officially Ask FCC Permission To Merge

    T-Mobile and Sprint have asked the Federal Communications Commission for permission to combine forces, according to merger documents posted Tuesday.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 19, 2018

    EU Antitrust Chief Sees Global Progress Curbing State Aid

    The European Union’s top competition enforcer touted progress Tuesday in getting countries outside the EU to avoid picking economic winners and losers through “harmful subsidies,” part of her efforts to take the bloc's state aid rules global.

  • June 19, 2018

    SFO Euribor Case Is 'Misleading,' Defense Tells Jury

    The jury should take “huge care” when assessing the Serious Fraud Office’s case against four former Barclays PLC traders and a Deutsche Bank trader for alleged Euribor rigging, one of the defendants’ lawyers said Tuesday during her closing, arguing the agency has given a “misleading” and unbalanced picture.

Expert Analysis

  • FDA Risk-Evaluation Guidance Unlikely To Help Generics

    Matthew Perez

    The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.

  • Breaking Down The 2nd Criminal Spoofing Trial: Part 2

    Clifford Histed

    The criminal prosecution of Andre Flotron was ill-fated and suffered from a series of missteps and miscalculations by the government. However, it is now beyond any legitimate dispute that spoofing occurs, that it is illegal, that prosecutors are willing and able to charge spoofing as a criminal violation, and that it is possible to prove those charges in court, say attorneys with K&L Gates LLP.

  • Opinion

    Don’t Revoke The Music Licensing Antitrust Decrees

    Glenn Manishin

    The U.S. Department of Justice's Antitrust Division is reconsidering recommending revisions to — or wholesale elimination of — the consent decrees with ASCAP and BMI. But the antitrust purpose of these decrees remains just as valid today as when they were entered by the federal courts, says attorney Glenn Manishin.

  • Breaking Down The 2nd Criminal Spoofing Trial: Part 1

    Clifford Histed

    The recent acquittal of former UBS trader Andre Flotron in the second spoofing case to go to trial has resulted in comparisons to the spoofing-related conviction of Michael Coscia in 2015. But there are significant differences between the two cases that make such comparisons difficult, say attorneys with K&L Gates LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • An Update On CFIUS Reform

    Judith Alison Lee

    After six months of wrangling over the fate of a proposal to modernize the Committee on Foreign Investment in the United States, the U.S. Congress appears primed to streamline the CFIUS review process. As it currently stands, the proposed legislation would alter the process in many critical respects, say attorneys with Gibson Dunn & Crutcher LLP. 

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.