Competition

  • 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.

  • September 14, 2017

    Libor Reversal Shows Need For Int'l Cooperation: DOJ's Finch

    The acting head of the U.S. Department of Justice's Antitrust Division said Thursday that the reversed convictions of two former Rabobank employees earlier this year in a Libor-rigging case show the need for more international cooperation between antitrust enforcers.

  • September 14, 2017

    Sen. Klobuchar Unveils Bills To Beef Up Merger Enforcement

    The top Democrat on the Senate panel that oversees antitrust matters on Thursday introduced two pieces of legislation that would put in place several recently proposed Democratic policies to crack down on market consolidation and concentration of corporate power.

Expert Analysis

  • 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.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • When A Firm Is 'Failing': CentraCare Vs. Energy Solutions

    Lisl Dunlop

    Very few merging firms have been successful in invoking the "failing firm" defense before the federal antitrust agencies. Two recent cases — one in health care and one in the waste disposal industry — provide insights into using the defense in practice, say Lisl Dunlop and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Why Private Companies Shouldn’t Overlook D&O Insurance

    Sarah Katz Downey

    Although they may not have the shareholder base that public companies do, private companies have owners, investors and other stakeholders — and their directors and officers could be targeted in a variety of lawsuits based on management actions, say specialists with Marsh LLC and attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • FTC V. Qualcomm: The Balance Between Patents And Antitrust

    Derek Dahlgren

    Qualcomm’s position outside of the court has largely been to defend its licensing practices rather than to deny the Federal Trade Commission's accusations. But the California federal judge's recent order denying the motion to dismiss amounts to agreeing that Qualcomm’s behavior, as alleged by the FTC, would be anti-competitive if true, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.