Competition

  • August 8, 2017

    Apotex Wants In On Orphan Drug Suit To Protect Generic

    Apotex Inc. on Monday asked a D.C. federal court for permission to intervene in Eagle Pharmaceutical Inc.’s suit accusing the FDA of wrongly denying it orphan drug exclusivity for the chemotherapy injection Bendeka, saying the release date of its in-process generic is at risk.

  • August 8, 2017

    Ex-McDermott Deals Pro Joins Kirkland's Antitrust Team

    An attorney who spent more than 10 years at McDermott Will & Emery LLP lending a hand on numerous multibillion-dollar deals joined Kirkland & Ellis LLP’s antitrust and competition practice Monday as a partner in Washington, D.C.

  • August 8, 2017

    Santander Gets EU Antitrust OK For Banco Popular Rescue

    The European Union’s antitrust regulator gave final clearance Tuesday to a plan for Spain's failing Banco Popular Espanol SA to be sold to rival Banco Santander SA for a token €1 ($1.17), saying the proposal would not breach the bloc’s competition laws.

  • August 7, 2017

    Citi Is 2nd Bank To Settle In OTC Libor Row, Will Pay $130M

    Citigroup Inc. struck a $130 million deal Monday in New York federal court with investors who bought the bank’s financial products tied to the London Interbank Offered Rate, making it the second bank to settle with the investors over allegations the benchmark rate was manipulated.

  • August 7, 2017

    Wal-Mart, Visa Want Antitrust Case Paused To Work On A Deal

    Wal-Mart Stores Inc. and Visa Inc. on Friday asked a New York federal judge to stop the clock on their battle over card-swiping fees while they try to hammer out a settlement before discovery starts up after a nearly two-year hiatus.

  • August 7, 2017

    Greece Unleashes $95M In Construction Cartel Fines

    The competition authority of Greece has fined 10 construction companies €80.7 million ($95.1 million) total for participating in schemes to rig bids for public infrastructure contracts in the country between 2005 and 2012, applying its leniency and hardship provisions for the first time.

  • August 7, 2017

    1-800 Contacts Says Competition Claims Time-Barred

    Contact lens seller 1-800 Contacts Inc. and retailers including Walgreens Boots Alliance Inc. have asked a Utah federal court to toss a proposed class suit alleging the companies conspired to limit competition for the online sale of contact lenses, saying the accusations came too late.

  • August 7, 2017

    Judge Urged To Stay Aetna ACA Withdrawal Suit For Inquiry

    A Pennsylvania state judge was urged on Friday to pause a derivative lawsuit against Aetna Inc. as a special committee investigates allegations that the company withdrew from Affordable Care Act insurance exchanges to make good on threats aimed at coercing government approval of its now-defunct merger with Humana Inc.

  • August 7, 2017

    E-Retailer, Exec Plead Guilty To Price-Fixing

    An online seller of customizable promotional products and its president pled guilty in Texas federal court Monday to taking part in an anti-competitive scheme to fix prices on items including wristbands and lanyards, the U.S. Department of Justice said.

  • August 7, 2017

    Texas AG, Dental Supply Co. Settle Antitrust Claims

    Texas has reached an agreement with Henry Schein Inc. and its dental supply distribution division Henry Schein Dental that will settle claims the company engaged in anticompetitive practices to shut lower-cost suppliers out of the market, the state’s attorney general, Ken Paxton, announced Monday.

  • August 7, 2017

    Nexus Pipeline Developers Press FERC For Final Thumbs-Up

    With a quorum of commissioners now restored at the Federal Energy Regulatory Commission, the developers of the $2.2 billion Ohio-to-Michigan Nexus natural gas pipeline on Friday urged the agency to promptly approve construction of the project, which has been opposed on both environmental and antitrust grounds.

  • August 7, 2017

    Buyers Reach $2.25M Deal In Broiler Chicken Antitrust Suit

    Direct purchasers in a proposed class action accusing poultry producers of colluding to fix the prices for broiler chickens urged an Illinois federal judge on Friday to sign off on a $2.25 million deal they struck with Fieldale Farms Corp.

  • August 4, 2017

    Banks Say US Court Lacks Jurisdiction in Libor Class Action

    Foreign financial institutions accused of manipulating the London Interbank Offering Rate asked a New York federal judge on Friday to toss the consolidated putative class action, saying the court lacked personal jurisdiction because the events happened overseas and were not directed at the United States.

  • August 4, 2017

    High Court Urged To Revive Ex-Worker's Antitrust Claims

    A restaurant linen salesman has pushed the U.S. Supreme Court to revive antitrust claims against his former employer, arguing that the Eleventh Circuit incorrectly dismissed his allegations that his old company and a major linen buyer iced him out of the market.

  • August 4, 2017

    2 Drivers Drop Claims In German Luxury Car Antitrust Suit

    A little more than a week after filing the suit, two of the three drivers who accused Volkswagen, BMW and other German luxury car makers of a decades-long antitrust conspiracy have dropped their claims, leaving the third one to go it alone.

  • August 4, 2017

    State Professional Board Antitrust Issues To Watch

    A recently proposed bill to restore antitrust immunity to state professional boards, the Federal Trade Commission's lawsuit against a real estate appraisers board and remote health care legislation are just some of the issues percolating at the intersection of competition and state sovereignty. Here, Law360 recounts recent developments and ongoing proceedings in the area that antitrust practitioners should know.

  • August 4, 2017

    US Chamber Wants Seattle Union Rule Blocked During Appeal

    The U.S. Chamber of Commerce and Uber subsidiary Rasier LLC on Thursday urged a Washington federal court to block Seattle's ordinance letting Uber and Lyft drivers unionize while they appeal a ruling handed down earlier this week dismissing their suit over the law.

  • August 4, 2017

    Hedge Funds Sue Teva Over Generic Drug Price-Fixing

    A series of hedge funds owned by Oz Management LP on Thursday accused Teva Pharmaceutical Industries Ltd. in Connecticut federal court of lying to investors about its alleged rigging of generic drugs prices, causing stocks to drop when government agencies started investigating the drugmaker.

  • August 3, 2017

    US Minor League Soccer Teams File Challenge Over MLS

    Two U.S.-based minor league soccer teams have filed a claim with the Court of Arbitration for Sport against the U.S. Soccer Federation and FIFA for allowing Major League Soccer, the top league in the U.S. and Canada, to be closed to promotion and relegation of teams, the teams said Thursday.

  • August 3, 2017

    NYK Fined $25M In Australia Over Vehicle Transport Cartel

    The federal court of Australia on Thursday handed down a AU$25 million ($19.8 million) fine to Japanese shipping company Nippon Yusen Kabushiki Kaisha over its participation in a global cartel focused on the transportation of vehicles and its impact on the country. 

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • The CFIUS Calculus Has Changed — In More Ways Than One

    Stephen Heifetz

    Recent unwritten changes to the Committee on Foreign Investment in the United States, made in the name of national security, may undermine the committee's original purpose, says Stephen Heifetz, a partner with Steptoe & Johnson LLP who previously served as the Department of Homeland Security’s CFIUS representative.

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Sherman Act Is An Unconstitutional Criminal Statute: Part 1

    Robert Connolly

    It is well accepted that per se violations of the Sherman Act can be prosecuted criminally — an individual can be sentenced to up to 10 years in prison. But is the accepted learning on this issue wrong? I think I’ve found my way to the Sherman Act being unconstitutional as a criminal statute, says Robert Connolly of GeyerGorey LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Proposal To Remedy Horizontal Shareholding Is Flawed

    Elaine Buckberg

    Several recent studies claim to show that competition is adversely affected when institutional investors hold significant shares in multiple firms within a “concentrated” industry. Following on this research, Eric Posner, Fiona Scott Morton and E. Glen Weyl have proposed a remedy that is a costly and disruptive way to change asset manager behavior, say members of The Brattle Group Inc.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • The Walgreens-Rite Aid Combination: Act 2

    Randy Gordon

    The recent recasting of the proposed Walgreens-Rite Aid merger as a partial acquisition shows that it’s possible to achieve business goals through alternative means. That is, antitrust problems that often bedevil large-scale mergers can be elided through the use of less ambitious plans, says Randy Gordon, chairman of the antitrust and trade regulation group at Gardere Wynne Sewell LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.