Competition

  • March 24, 2017

    NCAA Says O'Bannon 'Win' Not Enough For $42M Attys' Fee

    The NCAA asked the Ninth Circuit to deny a $42 million attorneys' fee request in the long-running litigation over rules barring student-athletes from being paid for the use of their names, images and likenesses, arguing Thursday that the win was only partial and doesn’t warrant such a large award.

  • March 24, 2017

    High Court Asked To Flip Cup Antitrust Ruling From 1st Circ.

    Evergreen Partnering Group has asked the U.S. Supreme Court to review its lawsuit against Solo Cup, Dart Container and others alleging a conspiracy to muscle Evergreen out of the market, saying there is a circuit split on the evidence needed to beat a summary judgment motion.

  • March 24, 2017

    Subscribers Want Blue Cross Antitrust MDL Trims Rethought

    Insurance subscribers in multidistrict litigation accusing Blue Cross Blue Shield of a massive price-fixing conspiracy asked an Alabama federal judge to reconsider some of his summary judgment ruling, arguing Thursday that the company’s out-of-state plans don't qualify for antitrust immunity.

  • March 24, 2017

    Ex-Barclays Trader Tells Court Fixing Libor 'Couldn’t Hurt'

    A former Barclays trader accused of attempting to manipulate a key global interest rate benchmark in a bid to boost profits told a London court on Friday that a successful rig would only have a “small” impact on his desk’s position and that he made requests just because they “couldn’t hurt.”

  • March 24, 2017

    Chicago Cabbies Take Uber Regs Fight To Supreme Court

    Chicago taxi companies Wednesday asked the U.S. Supreme Court to hear their arguments that city regulations covering ride-hailing platforms like Uber and Lyft violate the cab businesses' constitutional rights.

  • March 24, 2017

    Schenker Fights To Shield Client Info In Air Cargo Cartel Suit

    Air France, KLM, Martinair and Qantas cannot dig up information on freight forwarder Schenker AG’s relationship with its customers because it’s irrelevant to a $370 million antitrust suit accusing major airlines of fixing prices for air cargo services, Schenker told a New York federal court Thursday.

  • March 24, 2017

    Uber Arbitration Appeal May Hinge On Rakoff Court Comment

    Second Circuit Judge Denny Chin asked Friday if a trial should be held on whether Uber's mandatory arbitration clause was unlawfully buried in the smartphone of a rider who brought a price-fixing action — and the answer may hinge on a comment U.S. District Judge Jed S. Rakoff made in open court.

  • March 24, 2017

    Anthem Battles To Save $54B Cigna Deal At DC Circ. Hearing

    Anthem Inc. fought to salvage its thwarted $54 billion merger with Cigna Corp. during oral arguments before a D.C. Circuit panel on Friday, claiming that a trial judge ignored the deal’s massive medical cost savings when she blocked it for being anti-competitive.

  • March 24, 2017

    Hong Kong Regulator Takes First Case To Competition Court

    Hong Kong’s antitrust regulator on Friday took five information technology companies to court over allegations of bid rigging in the first enforcement proceedings brought by the watchdog since the enactment of the territory’s competition law in December 2015.

  • March 23, 2017

    House Repeals Antitrust Immunity For Health Insurance Cos.

    The U.S. House of Representatives on Wednesday overwhelmingly passed a bill that restores the government’s ability to charge health insurers under federal antitrust laws, but while Republicans touted it as a way to protect competition and consumers, Democrats called such claims “exaggerated.”

  • March 23, 2017

    Exec Sentenced To 15 Months In NYC Tour Bus Monopoly Suit

    A former executive of a New York City tour bus company will spend 15 months in prison after admitting to concealing and destroying documents during a U.S. Department of Justice antitrust litigation over an alleged monopoly of the hop-on, hop-off tour business, federal prosecutors announced on Thursday.

  • March 23, 2017

    Cozen Continues Miami Growth With 3 Commercial Litigators

    Cozen O'Connor has continued its rapid growth in Miami, announcing the addition of three commercial litigators it says will contribute in a variety of areas, including contracts, antitrust cases, bankruptcy fraud, real estate and construction matters, and litigation involving government entities.

  • March 23, 2017

    Anthem Merger Appeal Could Be Sideshow To DOJ Deal

    Anthem is making final preparations ahead of oral arguments Friday morning in the D.C. Circuit in its bid to salvage its $54 billion merger with Cigna, but the real action may be occurring on the sidelines as the insurer tries to broker a deal with the Trump administration.

  • March 23, 2017

    Israeli Coke Distributor Could Face $17M Antitrust Fine

    Israel’s antitrust regulator suggested a 62 million Israeli new shekel ($17 million) fine for the country’s Coca-Cola manufacturer and distributor on Wednesday, accusing the company of abusing its prominent market position and engaging in anti-competitive behavior.

  • March 23, 2017

    DirecTV Settles DOJ's Dodgers Channel Info-Sharing Suit

    DirecTV and AT&T reached a deal Thursday to settle the U.S. Department of Justice's claims that the companies illegally shared sensitive information about negotiations to carry the Dodgers’ official local broadcast partner, agreeing to crack down on their executives' conversations with rivals.

  • March 23, 2017

    Generics Face Antitrust Suit Over Antidepressant Prices

    Generic drug makers Sandoz, Mylan and Par Pharmaceuticals were slapped with an antitrust suit in Pennsylvania federal court on Wednesday, accusing them of colluding to increase the price for amitriptyline, an antidepressant.

  • March 23, 2017

    Express Scripts Targeting Mail-Order Pharmacies, Suit Says

    Express Scripts Inc. has conspired with CVS Health Corp. to remove independent pharmacies from the mail-order prescription market, a Manhattan pharmacy that suffered “catastrophic financial harm” from the alleged scheme told a Missouri federal court.

  • March 23, 2017

    Brazilian Watchdog Approves $3.8B Exchange Merger

    São Paulo Stock Exchange operator BM&FBovespa SA said Wednesday its planned merger with Cetip SA Mercados Organizados, in a deal that values Cetip at around 12 billion Brazilian reais ($3.8 billion), was greenlighted by Brazil's antitrust regulator with no additional remedies.

  • March 23, 2017

    S. African Antitrust Watchdog Raids Produce Distributors

    South Africa’s antitrust watchdog said Thursday it has raided nine fresh produce market agents on suspicions of operating a cartel aimed at manipulating the price of fruits and vegetables in the country, in what was the regulator’s first action of that kind in 2017.

  • March 22, 2017

    Jury Awards Calif. Mining Families $100M For County's Plot

    A California federal jury on Tuesday awarded two gravel mining families over $100 million on their claims that Sacramento County officials violated their constitutional rights by maliciously forcing them out of business to aid mining rival Teichert Construction.

Expert Analysis

  • 2 Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

    Elena Kamenir

    The Federal Trade Commission’s decision in 1-800 Contacts suggests that private settlement agreements reached after petitioning the government through litigation are not immunized under the Noerr-Pennington doctrine. Similarly, the First Circuit’s decision in Amphastar suggests that alleged anti-competitive conduct that occurs prior to government petitioning activity is subject to antitrust scrutiny, say attorneys with Orrick Herri... (continued)

  • Series

    My Strangest Day In Court: Hitting A Curveball

    Nicholas E. Chimicles

    As a trial lawyer, you make instantaneous decisions in courtrooms all the time, but that day was different. I had to balance my advocate’s concern for the class of investors I represented against the empathy I felt for a fellow human being’s tragic loss, says Nicholas Chimicles of Chimicles & Tikellis LLP.

  • Rare Appellate Ruling On Indirect Purchaser Class Action

    Stefan M. Meisner

    The Third Circuit's recent ruling in Class 8 Transmission Indirect Purchaser Antitrust Litigation — agreeing with the district court’s denial of class certification — gives insights into the intricate legal and economic issues that indirect purchaser plaintiffs and defendants must grapple with when litigating the class certification issue, say Stefan Meisner and Ashley McMahon of McDermott Will & Emery LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • 6 Legal And Regulatory Risks Facing Specialty Pharmacies

    Carol Ann Poindexter

    Specialty pharmacies, selling primarily drugs prescribed for complex or chronic medical conditions like cancer and multiple sclerosis, often face unique legal and regulatory issues. Attorneys with Norton Rose Fulbright US LLP discuss how specialty pharmacies can mitigate some of these risks.

  • Beyond Pay-For-Delay: 3 Pharma Antitrust Cases To Watch

    Chad J. Peterman

    The First Circuit's decision Monday in Amphastar v. Momenta and two cases pending in New Jersey and Connecticut district courts highlight how antitrust implications may arise for pharmaceutical companies from their interactions and strategies with players across the industry — standard-setting bodies, active pharmaceutical ingredient suppliers and drugmakers, say attorneys with Paul Hastings LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.