Competition

  • May 18, 2017

    UK Lawyers Warn Nixing Fraud Squad Will Hurt Enforcement

    Theresa May's promise to abolish the Serious Fraud Office if re-elected prime minister as expected next month has been roundly condemned in the legal community, with City lawyers saying the move could diminish Britain’s standing as a leading anti-corruption light on the world stage.

  • May 18, 2017

    Nuke Plant Subsidy Plan Is Legally Sound, Ill. Says

    The state of Illinois told a federal judge Wednesday its plan to subsidize struggling nuclear power plants is well within the state's authority under the Federal Power Act, saying the plan's challengers wrongly envision an electricity regulatory landscape devoid of any considerations that aren't economic.

  • May 18, 2017

    Mylan, Pfizer Say EpiPen Antitrust Suits Don't Need MDL

    Mylan NV and Pfizer Inc. on Wednesday each urged the Judicial Panel on Multidistrict Litigation not to consolidate antitrust litigation against the drugmakers, arguing the majority of cases are already working together in Kansas to make the litigation work, so the move is unnecessary.

  • May 18, 2017

    Senate Confirms Trump's Associate Attorney General Pick

    The Senate on Thursday approved President Donald Trump’s pick for the top civil division official at the U.S. Department of Justice, confirming Rachel Brand as associate attorney general on a largely party line vote.

  • May 18, 2017

    UK's SFO To Fold Into Crime Agency Under May Gov't

    The Serious Fraud Office will be merged with the National Crime Agency if Theresa May is re-elected as Prime Minister, according to the Conservative Party's manifesto announced on Thursday.

  • May 17, 2017

    Qualcomm Sues IPhone Manufacturers Over Unpaid Royalties

    Qualcomm Inc. added another front to its legal battles with Apple Inc. on Wednesday when it sued four iPhone manufacturers in California federal court for allegedly failing to pay royalties on license agreements after Apple stopped reimbursing them.

  • May 17, 2017

    Pfizer, La. End Neurontin Antitrust Suit With $1M In Naloxone

    Pfizer Inc. has agreed to provide Louisiana first responders with $1 million worth of the opioid overdose treatment naloxone in exchange for the state dropping its allegations that Pfizer used sham patent litigation to keep a generic version of its anticonvulsant Neurontin off the market.

  • May 17, 2017

    Insurer Ordered To Defend 2 Au Pair Agencies In Wage Suit

    A Colorado federal judge on Tuesday ruled that Colony Insurance Co. must defend two au pair placement agencies in a collective action alleging they took part in a collusive scheme to set unreasonably low pay rates for program participants, while freeing the insurer from any duty to defend a third placement agency.

  • May 17, 2017

    Disney Producers Object To $100M No-Poaching Deal

    Two Disney producers objected Wednesday to The Walt Disney Co., Pixar and Lucasfilm Ltd. LLC’s proposed $100 million deal resolving allegations they agreed not to poach each other’s animators, alleging Disney’s misconduct caused them to be excluded from the deal.

  • May 17, 2017

    EU Gives National Gov'ts Bigger Role In State Aid Reviews

    The European Commission moved Wednesday to let national governments provide public support for seaports and airports without seeking prior European Union approval and said it would only look into relatively large government aid to the arts and sports arenas.

  • May 17, 2017

    Bipartisan Bill Again Calls For Transparency In Settlements

    Democratic U.S. Sen. Elizabeth Warren and Republican U.S. Sen. James Lankford on Tuesday reintroduced legislation requiring greater transparency of settlements companies and individuals enter into with federal agencies, including a disclosure of tax deductible amounts or other credits that affect the actual dollar figure.

  • May 17, 2017

    Foreign Boehringer Units Look To Ax Aggrenox MDL Claims

    A pair of foreign Boehringer units urged a Connecticut federal judge on Monday to throw out claims by Blue Cross and Blue Shield of Louisiana and Humana Inc. related to an alleged scheme to keep generic versions of the stroke-prevention drug Aggrenox off the market, saying the insurers failed to serve them properly.

  • May 17, 2017

    UK Agency Eyes Antitrust Review Of $441M Autodata Buy

    The U.K.’s competition watchdog revealed Wednesday it may launch an in-depth review of Solera’s £340 million ($441 million) takeover of private equity-backed Autodata, a European provider of technical information to the automotive aftermarket, unless the Texas-based acquirer offers a suitable remedy.

  • May 17, 2017

    City Firms Must Step Up With New Antitrust Cop On The Beat

    Two years after gaining the power to enforce U.K. competition law, the Financial Conduct Authority is emerging as an antitrust watchdog to be reckoned with for insurers, banks and other regulated firms, as several brokers recently confirmed they were under investigation.

  • May 16, 2017

    NCAA Given 'Carte Blanche' On Transfer Rule, 7th Circ. Told

    A former college football player who was told by the National Collegiate Athletic Association that he would have to forgo a year of play if he wanted to transfer schools wants his lawsuit challenging the so-called year-in-residence rule revived, telling the Seventh Circuit on Monday that a lower court gave the NCAA "carte blanche" to violate antitrust laws.

  • May 16, 2017

    Calif. Case Hurts Uber Price-Fix Arbitration Bid, 2nd Circ. Told

    An Uber passenger at the center of a proposed antitrust class action told the Second Circuit on Monday that a recent California ruling supports his claims that arbitration is inappropriate since Uber users may have been unable to see the service’s terms and conditions when creating accounts.

  • May 16, 2017

    UK Mobility Scooter Antitrust Class Claim Gets Ditched

    The proposed representative of a class of mobility scooter purchasers has declined to move forward with a collective price-fixing proceeding against Pride Mobility Products Ltd. in a case that had been touted as the first under the U.K.’s class action regime, her lawyer confirmed Tuesday.

  • May 16, 2017

    MasterCard, Visa Hit With New Antitrust Claims In UK

    Office Depot, fashion label Ted Baker and several other retailers hit MasterCard and Visa with new antitrust claims Monday in a U.K. court where the credit card giants face a number of suits over interchange fees.

  • May 16, 2017

    UK Client Privilege Ruling Has Legal Sector On Red Alert

    A ruling by London’s High Court granting fraud squad officers access to confidential documents drawn up by a firm under criminal investigation could jeopardize critical concepts of legal privilege, attorneys warn.

  • May 16, 2017

    Express Scripts Won't Get Quick Win Redo In Antitrust Suit

    A Missouri federal judge on Tuesday upheld his denial of Express Scripts Inc.’s summary judgment motion in a suit in which several compounding pharmacies are accusing the pharmacy benefit manager of pushing them out of the market.

Expert Analysis

  • The Changing Nature Of Payments In The US And UK

    Judith E. Rinearson

    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.

  • Why FTC's Qualcomm Investigation Is Important

    Joshua Wolson

    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.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    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.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    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.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    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.

  • 2nd Circ. May Clarify 5th Amendment Issue In Libor Case

    Mark Racanelli

    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 .

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    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.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    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.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Best Practices For Managing Data In Antitrust Cases

    George Korenko

    In antitrust litigation, economic experts rely on transactional sales data to study class certification issues, assess liability and calculate economic damages. Collecting these data, understanding how to interpret them and assembling them into a structure amenable to expert analysis requires careful thought and planning, say George Korenko and Matthew Milner of Edgeworth Economics LLC.