Competition

  • August 31, 2017

    UK To Reveal Decision On Secretive Economic Crime Review

    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.

  • August 31, 2017

    Qualcomm Can't See All Of Apple’s Patent Rates In FTC Suit

    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.”

  • August 31, 2017

    Washington State AG Sues To Break Up Health Care System

    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.

  • August 31, 2017

    Mylan, Other Drugmakers Must Pay $67M In Antitrust Suit

    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.

  • August 31, 2017

    Investigate Gilead Patent Deals, AIDS Activists Urge NY

    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.

  • August 31, 2017

    Dell, LG Chem Settle Price-Fixing Claims In Battery MDL

    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.

  • August 31, 2017

    Sinclair, Tribune Merger Harms TV Viewers, FCC Told

    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.

  • August 31, 2017

    MLB Scouts Strike Out In 2nd Circ. Antitrust Showdown

    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.

  • August 30, 2017

    Allied Can't Recoup $8M FTC Defense Costs, 9th Circ. Affirms

    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.

  • August 30, 2017

    DC Circ. Ends 3rd-Party Candidates' Antitrust Suit

    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.

  • August 30, 2017

    Simpson Thacher Lures Ex-DOJ Atty From Allen & Overy

    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.

  • August 30, 2017

    Apotex Cleared To Intervene In Eagle's Orphan Drug Suit

    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.

  • August 30, 2017

    Mars To Shed 12 Vet Clinics In FTC Deal Over $9.1B VCA Buy

    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.

  • August 30, 2017

    DOJ Official Urges China To Promote Antitrust Transparency

    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.

  • August 30, 2017

    Major Canned-Tuna Producers Hit With More Price-Fix Suits

    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.

  • August 29, 2017

    Rakoff Can Weigh Uber Rider Arbitration Info: 2nd Circ.

    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."

  • August 29, 2017

    Qualcomm Drops 1 Of 6 Patents In ITC IPhone Import Probe

    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.

  • August 29, 2017

    9th Circ. Enjoins Seattle's Uber, Lyft Union Law

    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.

  • August 29, 2017

    Hitachi, Toshiba, Others Get Final OK On $49M Antitrust Deal

    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.

  • August 29, 2017

    VW Hit With Stock-Drop Suit Over Antitrust Claims

    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.

Expert Analysis

  • Sherman Act Is An Unconstitutional Criminal Statute: Part 2

    Robert Connolly

    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.

  • 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.