In the four years since the U.S. Supreme Court's monumental decision in Federal Trade Commission v. Actavis, pay-for-delay lawsuits have been on the cutting edge of antitrust law, but attorneys who work in the area say there are signs that the litigation is waning as pharmaceutical companies turn away from reverse payment settlements and drug buyers mull over adverse rulings.
A defunct used-car dealership has lodged a complaint against Cox Automotive Inc. and its affiliates in Florida federal court, accusing the companies of monopolizing the used-car industry by colluding with major manufacturer dealerships and auctioning the cars off at fixed prices.
A Wisconsin TV station has told Federal Communications Commission Chairman Ajit Pai that it’s time for the FCC to relax certain media ownership rules that no longer make sense, saying the move would help the newsroom better serve the public.
A Florida health care system on Monday asked the Eleventh Circuit to overturn a federal court's decision that it is not entitled to insurance coverage for four suits alleging anti-competitive practices, arguing the lower court applied incorrect standards in concluding that the suits are related to prior litigation and therefore not covered.
General Electric Co. and Texas-based Baker Hughes Inc. said Monday that they’ve reached an agreement with the U.S. Department of Justice allowing them to proceed with a planned merger that’s set to create an oil field services company with $32 billion in combined revenue.
A New Jersey craft beer wholesaler has agreed to pay the state $2 million to resolve allegations it violated state competition law by selling tap systems at below fair-market prices, misrepresenting charges on invoices and ignoring credit regulations for at least 700 customers, state authorities announced Monday.
Chinese state-owned mining company Yancoal Australia Ltd. said in a stock exchange filing on Sunday that it has received several regulatory clearances at home for its planned $2.45 billion purchase of Rio Tinto PLC’s Australian thermal mining business, as the seller considers a competing bid.
The European Commission on Monday approved Intrum Justitia AB’s $4.43 billion merger with private equity-backed debt collection firm Lindorff Group AB on the condition the credit management services companies sell businesses in five countries.
President Donald Trump defended his business dealings Friday in New York federal court with a long memo detailing documents found in the government’s historical archives and the intent of the U.S. Constitution’s emoluments clauses, arguing a suit demanding his asset divestment would prevent him from performing his official duties.
The Ninth Circuit on Monday ruled that an Arizona utility could not immediately appeal a lower court's determination that it was not immune from an antitrust suit by SolarCity Corp., saying it must wait until the underlying claims are decided.
Britain’s financial watchdog outlined Monday how it intends to use its new powers to compel banks to help set the London Interbank Offered Rate under European Union benchmark rules designed to restore trust in markets, which was damaged by recent rate-fixing scandals.
British Prime Minister Theresa May's new government has reconfirmed Brexit negotiator David Davis and other top ministers in their posts, ending speculation of a major cabinet reshuffle after Thursday's general election.
The Federal Communications Commission’s decision to relax TV ownership limits appears likely to withstand a challenge at the D.C. Circuit, experts say, and a request to delay it from taking effect in the meantime also may not succeed.
Anesthesia businesses that won $43.8 million in an April jury verdict finding that General Electric Co. monopolized the sale and service of anesthesia machines asked a Texas federal judge Friday to bar GE’s anti-competitive practices and grant $131.4 million in trebled damages and $7.4 million in attorneys' fees.
Mexico's antitrust watchdog on Friday fined five major shippers about $32 million for operating a cartel for vehicle carrier services, becoming the latest enforcer to target K-Line, CSAV and NYK for hindering competition.
The European Union’s antitrust officials on Friday expanded their investigation into Qualcomm Inc.’s proposed $37.7 billion acquisition of Netherlands-based NXP Semiconductors, expressing concern that the deal could harm competition in the mobile device and automotive sectors.
The Seventh Circuit on Friday rejected an attempt by a Peoria, Illinois-based hospital to revive a $300 million antitrust suit against competitor Saint Francis Medical Center, saying that there is nothing anticompetitive about Saint Francis negotiating insurance contracts that carve its competitors out of provider networks.
New Brexit uncertainties are plaguing Britain’s financial services sector in the wake of Thursday’s snap election that left the country without a clear majority party in Parliament, as lawyers warn the results bode ill for U.K. negotiators hoping to win a good trade deal from European Union counterparts.
A Fifth Circuit panel on Thursday rejected a challenge to the Federal Energy Regulatory Commission’s power to use the Natural Gas Act to impose fines, ruling that Total Gas & Power North America Inc.’s objection to the commission’s authority to penalize it over alleged market manipulation was not ripe.
The European Union’s antitrust watchdog on Friday gave its seal of approval to Johnson & Johnson’s proposed $30 billion acquisition of Swiss rare drug manufacturer Actelion Ltd. under the condition the pair addresses an overlap in the companies’ programs to develop a treatment for insomnia.
Jaguar Land Rover North America LLC has prevented purchasers from reselling its vehicles abroad in an effort to maintain the company’s own foreign sales, violating state and federal antitrust laws, according to a proposed class action filed in New Jersey federal court on Thursday.
There are troubling provisions in proposed amendments to the Competition Law of the Socialist Republic of Vietnam. The approach to abuse of dominance is contrary to the teachings from modern economics, says Koren Wong-Ervin, director of the Global Antitrust Institute at George Mason University.
As the Second and Ninth Circuits will soon decide on the enforceability of Uber’s mandatory arbitration clauses and class action and class arbitration waivers in its driver contracts, and as its "Greyball" software is now the subject of a U.S. Department of Justice inquiry, the company's very existence may be at stake, says Thomas Dickerson of Herzfeld & Rubin PC.
Traditionally, U.S. and U.K. payment regulation has differed in that the U.S. emphasizes protecting underbanked consumers, while the U.K. focuses on leveling the playing field between large and small financial institutions. Despite changes with Brexit and the Trump administration, the U.K. and U.S. truly perceive different futures for payment regulation, says Judith Rinearson of K&L Gates LLP.
The United States needs to pursue its investigation of Qualcomm vigorously both to ensure that Qualcomm is not acting improperly and also to deter future potential abuses of standard-essential patents, says Joshua Wolson of Dilworth Paxson LLP.
Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.
Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.
Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.
A pending Second Circuit case raises an interesting constitutional question for practitioners whose clients are subject to parallel, cross-border white collar investigations: When someone gives compelled testimony to foreign law enforcement officials, does the Fifth Amendment bar U.S. prosecutors from using her statements, directly or indirectly, to criminally prosecute her? say Mark Racanelli and Michael Simeone of O’Melveny & Myers LLP .
Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.
Sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.