The multidistrict litigation over alleged price-fixing of generic drugs recently consolidated in Pennsylvania’s Eastern District has the potential to emerge as one of the thorniest court fights in the country, and some observers have raised concerns that the numerous defendants could make it harder for individual companies to avoid getting more deeply embroiled in the litigation.
Forest Laboratories LLC on Wednesday shot back against a proposed class of drug wholesalers' attempt to get certain documents in an antitrust suit alleging the drugmaker blocked generic versions of its Alzheimer’s drug Namenda, saying the motion in New York federal court was “premature.”
Video doorbell and home connectivity venture Ring.com asked a Delaware vice chancellor late Wednesday to order an expedited trial, instead of a quick injunction hearing, on allegations that Ring wrongly acquired intellectual property and assets claimed by ADT Holdings Inc.
European and Italian consumer organizations Wednesday urged the European Commission to investigate whether Gilead, Novartis, Roche and Aspen, four drug companies that Italy and the U.S. have accused of anticompetitive practices, are ripping off the European Union.
Amazon.com Inc. can no longer require electronic book publishers in Europe to offer the company terms that are as good as or better than those given to competitors under a decision adopted by the European Union’s antitrust regulator Thursday.
Generic-drug maker Mylan Pharmaceuticals Inc. won’t be appealing the Third Circuit’s decision affirming a Pennsylvania federal court’s dismissal of the company's antitrust suit alleging Warner Chilcott restrained competition for acne medication Doryx, as the deadline for petitioning the U.S. Supreme Court has passed.
Six generic-drug makers accused of conspiring to fix the prices of an antibiotic and a diabetes medication have asked a Connecticut federal court to toss the suit now joined by 40 states, saying the complaint contains a multitude of legal flaws.
Alphabet Inc. subsidiary Waymo asked a California federal judge Wednesday to block Uber from developing self-driving car technology, saying it conspired with a former Waymo engineer, agreeing to buy his company OttoMotto months before it was even formed — and before he left Waymo with 14,000 allegedly stolen documents in tow.
Universal Health Services’ £377 million ($485 million) purchase of the adult services division of Cambian Group will undergo an in-depth merger investigation, and Cardtronics’ purchase of rival ATM provider DirectCash Payments could likewise face phase 2 proceedings, the U.K.’s antitrust regulator said Wednesday.
The attorneys general of New Mexico and Washington are investigating the pricing of insulin made by Eli Lilly & Co. following a series of allegations that the drugmaker conspired with other pharmaceutical companies and pharmacy benefit managers to drive up prices, Lilly said in a securities filing Monday.
An Oregon federal judge on Tuesday recommended throwing out remaining breach of contract and tort claims in a lawsuit by talk radio networks accusing Cumulus Media Inc. and others of monopolizing a national radio advertising bundling market, saying their latest complaint is nearly identical to previous versions.
Two proposed classes of U.S. lenders and of traders on the Chicago Mercantile Exchange have urged a New York federal judge for certification regarding an alleged conspiracy by big banks to rig the London Interbank Offered Rate.
President Donald Trump’s temporary choice to lead the Federal Trade Commission vowed to focus the agency’s antitrust and consumer protection enforcement on cases in which business activity has led to actual and substantial harm, suggesting on Wednesday an end to the old days of intervening in markets based on “speculative” harms.
Generic-drug maker Perrigo Co. PLC said late Tuesday that the U.S. Department of Justice has carried out search warrants at its corporate offices, making the company the latest to be swept up in the agency’s ongoing probe of pricing in the industry.
Pharmacy benefit manager Express Scripts Inc. asked a Missouri federal judge on Tuesday to dismiss a suit brought by a Manhattan pharmacy that alleged it suffered “catastrophic financial harm” from the company’s conspiracy, along with CVS Health Corp., to remove independent pharmacies from the mail-order prescription market.
Sidley Austin LLP said Monday that it has added a former chairman of the Federal Trade Commission to its antitrust and competition practice from Kirkland & Ellis LLP, bringing on an attorney with extensive experience working on all aspects of antitrust enforcement and consumer protection.
A group of American Bar Association sections released their comments on China’s recently revised anti-unfair competition law on Tuesday, urging more stringent intellectual property protections and seeking eased language in regard to bribery protection and tie-in sales.
China’s antitrust regulator gave a conditional green light to the planned merger of equals of Dow and DuPont, moving the chemicals giants one step closer to creating a $130 billion industry heavyweight, provided they follow through on certain divestitures, according to a Tuesday statement.
Motor Vehicle Software Corp., a provider of electronic vehicle registration and titling services to car dealerships, filed an amended complaint in California federal court on Monday alleging that a pair of software companies is conspiring to prevent it from accessing needed dealership data.
A group of oil and gas companies including Chesapeake Energy Corp. and Anadarko Energy argued in a flurry of filings in Pennsylvania federal court Monday that a series of lawsuits in which hundreds of Marcellus Shale landowners alleged a monopolistic scheme to improperly deduct royalties belong in individual arbitration.
A Puerto Rico telecom company asked the First Circuit to revive its antitrust suit against a competitor Tuesday, saying at oral arguments in Boston that a series of 24 lawsuits and petitions challenging its entry into the pay-television market were a sham.
Merger agreement provisions such as breakup fees, termination fees, reverse breakup fees, reverse termination fees and closing failure fees are easily misunderstood, as evidenced by the recent competing suits between Anthem and Cigna. The confusion stems, in part, because these fees take a wide range of forms and serve a wide range of functions, say attorneys with Gibson Dunn & Crutcher LLP.
If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.
The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.
Even if Qualcomm settles with the Federal Trade Commission or the FTC votes to withdraw the complaint based on the views of new commissioners, Qualcomm still faces the prospect of massive liability to consumers claiming injury. The antitrust and securities class actions that have been filed starkly illustrate the risk that government enforcement action creates for companies, say attorneys with Vinson & Elkins LLP.
Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.
The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.
We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.
Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.
In a recent settlement with the Federal Energy Regulatory Commission, energy supplier GDF Suez paid the largest penalty levied by the agency in almost four years. This reflects FERC’s pursuit of “gaming” of wholesale electric markets through strategies that technically comply with rules, but are allegedly inconsistent with their purpose, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.
A recent Federal Trade Commission study concludes that merger remedies generally have been successful, with “failures” representing only 17 percent of the 50 remedy orders considered. Interpreting this finding requires an understanding of the methodology used in the FTC’s study, and its benefits and limitations, says Steven Tenn, a former FTC economist now with Charles River Associates.