The U.S. Supreme Court on Monday will be considering whether to review a Second Circuit decision siding with American Express over the company's anti-steering rules and mulling other appeals in antitrust litigation. Here, Law360 provides a preview of certiorari petitions to watch in competition cases as the high court kicks off another term.
Britain’s government is to make a decision about the future of U.K. agencies involved in investigating and prosecuting economic crime in the next few weeks, following a secretive review of their effectiveness, it was revealed on Friday.
A California magistrate judge denied on Thursday Qualcomm’s request for third-party Apple to produce all of its expert reports that calculate damages in any patent litigation over its cellular devices, finding that royalty rates in those cases aren’t relevant to the FTC’s antitrust suit against Qualcomm because “not all patents are created equal.”
Washington's state attorney general on Thursday sued CHI Franciscan Health in federal court seeking to undo two recent transactions the suit claims were undertaken to increase prices on patients in the Kitsap Peninsula area west of Seattle.
The D.C. federal court has ordered generic-drug maker Mylan Pharmaceuticals and chemical companies Cambrex and Gyma Laboratories to pay a combined $67 million to Blue Cross Blue Shield of Massachusetts and three other insurers in a long-running suit accusing the three companies of violating state antitrust laws.
Gilead Sciences Inc. entered into pay-for-delay settlements that were likely illegal with companies trying to bring a generic version of its blockbuster HIV treatment and prevention medication Truvada on the market, a group of HIV/AIDS activists have told New York’s attorney general in urging him to launch an investigation.
LG Chem has reached an agreement to settle claims by Dell that the company participated in a conspiracy to fix prices for lithium-ion batteries, according to papers filed in a California federal court Wednesday.
Sinclair Broadcast Group Inc. and Tribune Media Co.’s proposed combination would drastically alter over-the-air television content, slashing local sports and news coverage, as well as hamper competition, said consumer advocacy organizations and telecom industry groups in recent Federal Communications Commission filings.
The Second Circuit on Thursday refused to revive claims by Major League Baseball scouts that the league and its teams colluded to suppress their wages, becoming the latest court to affirm baseball’s nearly century-old protection from antitrust laws.
The Ninth Circuit on Wednesday upheld a district court's ruling that Allied World National Assurance Co. cannot pursue reimbursement for the nearly $8 million it spent defending St. Luke's Health System Ltd. in a Federal Trade Commission antitrust suit, finding that an exclusion in the hospital's policy doesn't apply to the fees.
A D.C. Circuit panel has upheld the dismissal of a lawsuit filed by third-party presidential candidates Gary Johnson and Jill Stein against the Commission on Presidential Debates and the major political parties, ruling Tuesday that the pair's exclusion from the 2012 presidential debates constituted neither an antitrust violation nor an affront to their First Amendment rights.
A former co-chair of Allen & Overy LLP's competition practice who brokered a settlement for BNP Paribas in a $2 billion antitrust probe and previously worked in the Department of Justice’s Antitrust Division has joined Simpson Thacher & Bartlett LLP.
Apotex Inc. has the right to intervene in a suit Eagle Pharmaceuticals Inc. is bringing against the FDA regarding a cancer treatment Eagle claims should have been given orphan drug exclusivity, as the fate of Apotex's in-process generic is directly affected by the litigation, a D.C. federal judge said Wednesday.
Mars Inc. has agreed to sell off 12 specialty and emergency veterinary clinics to assuage Federal Trade Commission concerns that its $9.1 billion bid to buy pet care company VCA Inc. would be anti-competitive, the agency announced Wednesday.
China’s status as a world leader means the country must have a key voice in promoting transparency and fairness in competition proceedings on a global scale, a top antitrust official with the U.S. Department of Justice said Wednesday.
A trio of new suits piled onto the country’s three biggest and long-beleaguered producers of canned tuna, alleging they colluded for more than a decade to raise prices and restrict supply in violation of federal antitrust laws.
A Second Circuit panel said Tuesday that U.S. District Judge Jed S. Rakoff could consider new information about how long Uber riders actually see the terms that bind them to arbitration, opening the door for the judge to take another crack at a practice he has called a "legal fiction."
Less than three weeks into an International Trade Commission investigation into Apple Inc., Qualcomm Inc. has dropped one of six patents it complains iPhones illegally incorporate from the probe.
Two Ninth Circuit judges Tuesday temporarily granted the U.S. Chamber of Commerce an emergency injunction blocking a Seattle ordinance allowing for-hire drivers at companies such as Uber and Lyft to unionize, as the court considers a motion to stay the case, pending an appeal of a district court order dismissing the suit.
A California federal judge said Tuesday she’ll approve a $49.85 million deal resolving class claims by direct lithium-ion battery purchasers that Hitachi, Panasonic, Toshiba and NEC colluded to fix battery prices, commending the parties for reaching a settlement and ending the 4-year-old litigation.
A proposed class of investors in Volkswagen AG has accused it of covering up possible collusion with other carmakers and causing VW's stock price to trade at inflated levels, according to a suit filed Tuesday in New York federal court.
What passed constitutional muster when the Sherman Act was a misdemeanor merits another look now that the statute carries a maximum jail time of 10 years. I have a proposal to fix the criminal element of the Sherman Act, says Robert Connolly of GeyerGorey LLP.
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?
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.
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.
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.
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.
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.
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.
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 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.