Competition

  • May 11, 2017

    Chicago Hospitals Aim For Win In Price-Hike Suit

    NorthShore University HealthSystem on Wednesday again asked an Illinois federal court to dismiss a class action alleging the 2000 merger that created the hospital chain hiked patient prices, saying the suit doesn't name a valid market or a valid class.

  • May 11, 2017

    UK Probes £2.2B Wood-Amec Oil Field Services Merger

    The U.K.’s antitrust watchdog on Thursday launched a review of oil field services firm John Wood Group PLC’s proposed £2.23 billion ($2.73 billion) acquisition of rival Amec Foster Wheeler PLC, saying it must investigate whether the deal will restrict competition within the market.

  • May 11, 2017

    Pa. Denied $1.2M In Atty Fees In FTC Hospital Merger Case

    A federal judge Thursday denied Pennsylvania's request for some $1.2 million in attorneys' fees and costs from litigation by the Federal Trade Commission against a now-enjoined merger of two hospitals, saying a Third Circuit opinion shows the state did not substantially prevail in the litigation.

  • May 10, 2017

    Trump Claims Presidential Immunity In DC Wine Bar Suit

    President Donald Trump told a D.C. federal court on Wednesday that an unfair competition suit brought by a wine bar located near his luxury hotel should be dismissed on the grounds of presidential immunity, saying the suit wrongfully seeks to hold him liable for acts that have occurred while serving in his official role. 

  • May 10, 2017

    Novartis Says Gleevec Antitrust Suit Should Remain Paused

    End payors accusing Novartis Pharmaceuticals of violating antitrust laws by filing an invalid patent for leukemia drug Gleevec and starting sham litigation over it shouldn’t get to try to lift a stay on fact-finding, the company told a Massachusetts federal court Wednesday.

  • May 10, 2017

    Watson Seeks Quick Win In Suit Over FTC Litigation Powers

    Watson Laboratories Inc. asked a Pennsylvania federal court Tuesday to rule that the Federal Trade Commission doesn't have the authority to sue the drugmaker for past alleged pay-for-delay settlements that are no longer in force.

  • May 10, 2017

    EU Antitrust Chief Says Watchdogs Must Back Free Trade

    The head of the European Union’s antitrust watchdog told a conference of global competition authorities on Wednesday that they need to work together and share notes as they try to restore the public’s trust in a globalized economy.

  • May 10, 2017

    Verizon Says FCC Must Recognize Wireless Competition

    Wireless giant Verizon said in a blog post Tuesday that the Federal Communications Commission should “get back to reality” and find that the wireless market is competitive, blasting the previous FCC policy decisions based on its refusal to recognize abundant competition.

  • May 10, 2017

    EU Hones Antitrust Enforcement Approach On E-Retailers

    The European Union’s antitrust watchdog said Wednesday it will go after the most serious abuses committed by online sellers that harm competition and impede cross-border sales after the completion of a two-year investigation into the internet retail sector.

  • May 10, 2017

    Over-The-Counter Investors Seek Cert. In Libor-Rigging MDL

    Yale University, the mayor of Baltimore and other entities asked a New York federal court Wednesday for class certification in multidistrict litigation alleging big banks conspired to rig the London Interbank Offered Rate, saying they share common claims with other over-the-counter investors.

  • May 10, 2017

    Ex-DOJ Antitrust Head Baer To Rejoin Arnold & Porter

    William J. Baer, former head of the U.S. Department of Justice’s Antitrust Division under the Obama administration, will rejoin Arnold & Porter Kaye Scholer LLP as a partner beginning in June, the firm said Wednesday.

  • May 10, 2017

    Mylan’s 3rd Circ. Doryx Loss A Hurdle To Product-Hop Suits

    Mylan won’t appeal an adverse Third Circuit ruling in an antitrust suit over acne treatment Doryx — and though the decision does not preclude product-hopping claims, it could make it harder for them to succeed, such as in the Suboxone case brought by more than 40 states in the same circuit.

  • May 10, 2017

    DOJ Antitrust Nominee Vows Focus On International Arena

    Makan Delrahim, President Donald Trump’s nominee to head the U.S. Department of Justice’s antitrust division, said Wednesday that if confirmed, he would like to address international antitrust enforcement, citing perceptions of protectionism and discrimination against U.S. companies by foreign authorities.

  • May 10, 2017

    SFO Wins Landmark Privilege Ruling To Access Internal Docs

    The Serious Fraud Office can force an international mining firm under criminal investigation for corruption and bribery to hand over documents including forensic accounting data produced during an internal investigation, London’s High Court ruled in a landmark decision on legal privilege.

  • May 9, 2017

    Crowell Tells Businesses To Take Lead On Regulatory Agenda

    Businesses must engage with the White House and Congress now if they want to influence the new regulatory agenda in Washington, D.C., instead of waiting for the government to propose and articulate new policy goals, according to a Tuesday publication from Crowell & Moring LLP.

  • May 9, 2017

    Top 3 Groups Lobbying The FCC

    Comments have already begun to pour in on the Federal Communications Commission's draft plan to reverse course on net neutrality, but the big players are mostly holding off for now and weighing in on issues such as regulatory barriers to next-generation wireless, privacy and spectrum sharing. Here are the top three groups that filed ex partes with the FCC over the last month.

  • May 9, 2017

    Schumer Backs Consumer Advocate For Empty FTC Post

    U.S. Senate Democratic leader Chuck Schumer on Tuesday recommended to President Donald Trump that Consumer Federation of America Senior Fellow Rohit Chopra be tapped to serve as a Federal Trade Commission commissioner.

  • May 9, 2017

    Deals Rumor Mill: SoftBank, Broadcom, Atlantia

    SoftBank could announce a closing on a technology fund worth up to $95 billion as soon as next week, Broadcom's $5.9 billion acquisition of Brocade will earn European regulatory approval, and Italian infrastructure company Atlantia is set to make an offer to takeover Spanish road operator Abertis within days.

  • May 9, 2017

    EU High Court Asked To Weigh In On Publishers' Google Suit

    A German court asked the European Union’s highest court Tuesday to help settle a case in which VG Media and a group of publishers accused Google Inc. of abusing its position to display parts of their articles and content without paying.

  • May 9, 2017

    Steelworkers Union Doubles Down On Aleris Deal Opposition

    United Steelworkers on Monday again asked the Committee on Foreign Investment in the United States to block a Chinese investor’s $2.3 billion bid to acquire aluminum manufacturer Aleris Corp., saying a recent withdrawal and refiling of the deal did nothing to cure its defects.

Expert Analysis

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • Exploring 2 Different Approaches To Anti-Rebate Laws

    Shawn Hanson

    The Louisiana Department of Insurance recently issued a revised advisory letter stating that services offered to the general public do not violate the state's anti-rebating laws. This company-friendly position is in contrast with states like Washington, which are more inclined to regulate free or low-cost services, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • Opinion

    Delrahim: The Right Captain For The Antitrust Division

    David Balto

    The selection of Makan Delrahim to lead the U.S. Department of Justice's Antitrust Division likely signals that there won’t be a significant change in course for the crucial and nonpartisan work of the Antitrust Division. There could be no better choice for the job, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.

  • Series

    Advocate For An Agency: Ex-FERC GC Cynthia Marlette

    Cynthia Marlette.jpg

    Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.

  • 'Frontier' Issues: Pay-For-Delay And Patent Holdup

    Lesli C. Esposito

    Though the length of Acting Chairman Maureen Ohlhausen's tenure at the Federal Trade Commission remains unknown, life sciences and technology companies should prepare themselves for the changes that she has signaled regarding "frontier" areas of antitrust law including pay-for-delay and patent holdup, say Lesli Esposito and Brian Boyle of DLA Piper.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Beware Antitrust Risks In Syndicated Lending

    Joshua Shapiro

    Despite their pro-competitive benefits, syndicated loan arrangements involve communication and collaboration among competitors and thus raise potential antitrust concerns. While U.S. regulators have yet to probe this industry, a recent European Commission statement may portend future regulatory scrutiny in this area, say Joshua Shapiro and Puja Patel of Allen & Overy LLP.