Competition

  • October 30, 2017

    Foreign Banks Can Be Tried In NY In Forex Suit, Judge Hears

    A proposed class of foreign currency buyers have told a New York federal judge that she has jurisdiction over Barclays PLC and other foreign banks that are asking to be let out of a suit accusing them of participating in a conspiracy to rig benchmark exchange rates, pointing to the banks’ admissions to federal prosecutors.

  • October 30, 2017

    Union Sues J&J Over Alleged Remicade Monopoly Plot

    A New York grocery union benefits fund slapped Johnson & Johnson with a proposed class action Friday in Pennsylvania federal court, alleging the pharmaceutical giant abused its monopoly power to quash less expensive, generic versions of its best-selling Remicade drug, resulting in higher prices.

  • October 30, 2017

    Trivago Hit With Stock Drop Suit Amid British Probe

    Online hotel search platform Trivago NV was hit with class claims Monday in New York federal court over a nearly 5 percent drop in the company's stock price after the U.K.’s competition watchdog revealed it is investigating how the website provides search results to customers.

  • October 30, 2017

    Drug Developer Must Face Suboxone Product-Hopping Claims

    A Pennsylvania federal judge found that sufficient evidence supports allegations that drug delivery developer MonoSol Rx LLC engaged in an anti-competitive scheme to delay generic versions of an opioid addiction treatment, rejecting the company’s bid to toss the suit brought by more than 40 states Monday.

  • October 30, 2017

    FTC Judge Shoots Down 1-800 Contacts Online Ad Deals

    A web of marketing agreements between 1-800 Contacts Inc. and its competitors to restrict competition in advertising through online search engines, challenged by the Federal Trade Commission, is anti-competitive and harmful to consumers, according to an initial decision from an administrative law judge ordering an end to the agreements.

  • October 30, 2017

    Sheriff's Captain Pleads Not Guilty To 'Codfather' Scheme

    Federal prosecutors’ latest catch in the case of a notorious Massachusetts fisherman pled not guilty on Monday to smuggling cash to Portugal for “The Codfather,” maintaining he was an innocent bystander when the industry magnate allegedly took advantage of a Thanksgiving charity trip abroad.

  • October 30, 2017

    High Court Won't Hear Challenge To Sony’s $4M Antitrust Win

    The U.S. Supreme Court on Monday declined to hear an appeal from display panel manufacturer HannStar in a case brought by Sony seeking to enforce a $4.1 million settlement over an alleged scheme to fix the prices for liquid crystal displays.

  • October 30, 2017

    Trial-Eve Deal Ends 5-Hour Energy Price Discrimination Suit

    An attorney for the maker of 5-Hour Energy drinks told a California federal judge Monday that the company had reached an “arrangement” to end antitrust claims from wholesalers alleging the manufacturer gave illegal price breaks to Costco, bringing a wrap to the suit just ahead of the scheduled trial.

  • October 30, 2017

    Golf Gear Co. Appeals £1.45M Fine Over Online Sales Ban

    A golf products maker urged the U.K.’s Competition Appeal Tribunal on Friday to overturn a £1.45 million ($1.91 million) fine against it for preventing two retailers from selling its golf clubs online, arguing it shouldn’t be forced to sell non-fitted golf clubs against its will.

  • October 27, 2017

    Brazil's Antitrust Watchdog Finds Taxi Cos. Didn't Harm Uber

    Brazil’s antitrust watchdog on Friday announced the conclusion of an investigation into lawsuits, violence and threats against Uber drivers and their passengers by members of the taxi industry, finding insufficient evidence of anti-competitive conduct.

  • October 27, 2017

    Amgen 'Completely Ignoring' Biosimilar Law, Genentech Says

    Amgen Inc. has been “completely ignoring” its information-disclosure obligations under the federal biosimilars law in order to shield its biosimilar of blockbuster cancer drug Avastin, Genentech Inc. claims in a newly unsealed complaint.

  • October 27, 2017

    DOJ's Antitrust Chief Preaches Balance In First Speech

    The recently confirmed head of the U.S. Department of Justice's Antitrust Division, Makan Delrahim, gave his first public remarks in his new role on Friday, saying the agency will strive to strike a balance between liberty and effective competition enforcement under his leadership.

  • October 27, 2017

    How To Streamline Multi-Jurisdictional Merger Reviews

    The number of antitrust regimes around the world and the variety of merger clearance procedures makes closing a global deal challenging from a regulatory compliance perspective, but experts say attorneys can take steps to help streamline the process. Here, Law360 looks at some of the challenges and how attorneys help clients navigate the thicket of international merger regulation.

  • October 27, 2017

    Australian Antitrust Body Won't Fight Essilor-Luxottica Deal

    Australia’s competition watchdog said Thursday it will not oppose a proposed deal between Essilor and Luxottica that would create a $49 billion eyewear giant, finding “minimal competitive overlap” between the services offered by the companies.

  • October 27, 2017

    Ex-Ombudsman Aims To Revive £14B Mastercard Class Action

    Former U.K. financial ombudsman Walter Merricks on Friday launched a bid to revive a £14 billion ($18.3 billion) antitrust suit against MasterCard Inc. over swipe fees, asking for a judicial review of a previous ruling that prevented the case from being brought as a class action lawsuit.

  • October 26, 2017

    Bankruptcy Software Co. Blasts Firm's Latest Antitrust Suit

    Software company Bankruptcy Management Solutions on Thursday urged an Illinois federal judge to dismiss a suit by a Chicago law firm accusing it of conspiring with competitors to agree on prices charged to Chapter 7 trustees, saying the firm's state-law claims are no different from federal antitrust ones that have already been dismissed twice.

  • October 26, 2017

    Mass. Cop Indicted For Helping ‘Codfather’ Smuggle Cash

    A Massachusetts county sheriff’s captain arrested in August for allegedly helping a fisherman known as the “Codfather” smuggle illicit cash overseas has been formally indicted, the Boston U.S. attorney said on Thursday.

  • October 26, 2017

    Volkswagen CEO Denies Automakers Colluded On Pricing

    A Volkswagen AG executive pushed back against allegations of price-fixing among German automakers on Wednesday, saying talks between the leaders of Daimler AG, BMW Group and Volkswagen were focused on industry standardization, according to local media reports.

  • October 26, 2017

    Parent Company Escapes Suboxone Product-Hop Suit

    A Pennsylvania federal judge dismissed civil claims by more than 40 states against one of several companies accused of attempting to delay a generic version of an opioid addiction treatment, ruling Wednesday that the company didn't exist at the relevant time and thus cannot be held liable.

  • October 26, 2017

    Medco Dodges 4th Version Of Drug Fraud FCA Suit

    A Delaware federal judge has dismissed the fourth version of a False Claims Act kickback suit against Medco Health Solutions Inc., this time with prejudice, saying Thursday that it can't get over the public disclosure bar and any further attempts would be “futile.”

Expert Analysis

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Shkreli Trial And Other Magic Tricks: A Chat With Ben Brafman

    Randy Maniloff

    Ben Brafman’s clients don’t need a lawyer — they need a magician. And for 40-plus years, the man has been pulling rabbits out of hats, most recently finding jurors able to sit fairly in judgment of Martin Shkreli, called “the most hated man in America.” Last month I visited Brafman to discuss his remarkable career, says Randy Maniloff of White and Williams.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Uncertainty Remains For Pharma Product Hopping Liability

    Benjamin Lajoie

    One year after the Third Circuit's decision in Mylan, case law generally affirms that while there is no clear silver bullet, the existence of a “hard switch,” an impending “patent cliff,” and a tightly defined market definition are important considerations to the success of a pharmaceutical product hopping claim under federal antitrust law, say Benjamin Lajoie of Bailey & Glasser LLP and Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • When A Firm Is 'Failing': CentraCare Vs. Energy Solutions

    Lisl Dunlop

    Very few merging firms have been successful in invoking the "failing firm" defense before the federal antitrust agencies. Two recent cases — one in health care and one in the waste disposal industry — provide insights into using the defense in practice, say Lisl Dunlop and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Why Private Companies Shouldn’t Overlook D&O Insurance

    Sarah Katz Downey

    Although they may not have the shareholder base that public companies do, private companies have owners, investors and other stakeholders — and their directors and officers could be targeted in a variety of lawsuits based on management actions, say specialists with Marsh LLC and attorneys with Akin Gump Strauss Hauer & Feld LLP.