Competition

  • January 13, 2017

    DOJ, FTC Update Int'l Antitrust Enforcement Guidelines

    The U.S. Department of Justice and the Federal Trade Commission on Friday announced updates to a 22-year-old set of guidelines for international enforcement of U.S. antitrust laws, which shed new light on how federal agencies cooperate with their foreign counterparts during investigations.

  • January 13, 2017

    Chile's SQM To Pay More Than $30M For FCPA Violations

    Chilean-based chemical and mining company Sociedad Quimica y Minera de Chile SA has agreed to pay more than $30 million to resolve criminal and civil allegations of violating the Foreign Corrupt Practices Act by funneling more than $15 million to Chilean political figures and associated entities, the U.S. Department of Justice said Friday.

  • January 13, 2017

    DOJ, FTC Refresh IP Antitrust Licensing Guidelines

    The U.S. Department of Justice and Federal Trade Commission released on Friday updated antitrust guidelines for the licensing of intellectual property, taking into account recent U.S. Supreme Court decisions and changes to copyright and patent terms.

  • January 13, 2017

    High Court Libor Appeal Tests Bedrock Of Rate-Fixing Suits

    The U.S. Supreme Court could decide as early as Tuesday whether it will review allegations of a conspiracy by banks to rig the London Interbank Offered Rate in a case that could test whether financial institutions will be liable for costly antitrust damages in a slew of other rate-fixing actions, experts said.

  • January 13, 2017

    Feds Tell Justices To Deny Ex-Dick's Atty's Forfeiture Appeal

    The federal government on Friday urged the U.S. Supreme Court to deny a bid by a former Dick's Sporting Goods attorney for review of the Second Circuit’s affirmation of a $1.3 million forfeiture order arising from his conviction for sending kickbacks to another lawyer.

  • January 13, 2017

    Actavis, Sandoz Rigged Anesthetic Cream Prices, Union Says

    The International Union of Operating Engineers Local 30 Benefits Fund on Friday accused Impax Laboratories Inc., Sandoz Inc., Akorn Inc. and Actavis Holdco U.S. Inc. in Pennsylvania federal court of conspiring to raise the price of generic lidocaine-prilocaine, a numbing topical cream.

  • January 13, 2017

    Actavis, Sandoz Hit With Antitrust Suit Over Skin Drug

    A Puerto Rico-based drug wholesaler sued Actavis, Sandoz and other pharmaceutical companies on Thursday in New York federal court, accusing them of colluding in selling generic versions of the skin care drug Desonide at artificially high prices.

  • January 13, 2017

    Investors Say Forex Ruling Leaves Banks Luckless On Libor

    A group of investors urged a New York judge Thursday to ignore recent correspondence from bank defendants including Deutsche Bank AG over a London Interbank Offered Rate rigging scandal, arguing that the banks are fighting a losing battle following a recent landmark decision involving foreign exchange rates.

  • January 13, 2017

    Prostitution Bribery Scheme Lands Navy Officer 30 Months

    A U.S. Navy lieutenant commander was sentenced to 30 months behind bars on Thursday in California federal court after admitting that he had leaked proprietary Navy information to a foreign defense contractor in exchange for prostitutes and cash.

  • January 13, 2017

    UK Gov’t Moves To Add Self-Policing To Financial Crime Laws

    The U.K. government on Friday announced plans to toughen corporate criminal laws which would make banks and businesses liable for failing to detect and prevent economic crime.

  • January 13, 2017

    FTC Chairwoman Ramirez To Step Down

    Federal Trade Commission Chairwoman Edith Ramirez said Friday she would resign from the competition and consumer protection watchdog effective Feb. 10 as President-elect Donald Trump prepares to take office next week.

  • January 12, 2017

    Zimmer Biomet To Pay $30M For Breaching FCPA Deal

    Indiana-based medical device company Zimmer Biomet Holdings Inc. agreed on Thursday to pay more than $30 million in penalties for violating the Foreign Corrupt Practices Act after a compliance monitor said its predecessor company had breached a prior bribery settlement with U.S. authorities.

  • January 12, 2017

    Sens. Reintroduce Bill Regulating Pay-For-Delay Deals

    Two U.S. senators reintroduced bipartisan legislation on Thursday that proposes to crack down on anti-competitive pay-for-delay pharmaceutical deals in which brand companies pay their generic rivals not to compete as part of a patent settlement.

  • January 12, 2017

    HSBC Inks $45M Deal To Settle Euribor Investor Claims

    Investors suing big banks over alleged manipulation of Euribor, the euro interbank offered rate, asked a New York federal court Wednesday to sign off on a $45 million settlement with HSBC Bank PLC.

  • January 12, 2017

    Ex-Citigroup Currency Trader Cops To Forex Manipulation

    A former foreign currency exchange trader for Citigroup on Thursday became the second person to plead guilty in the U.S. Department of Justice’s long-running investigation into foreign currency market manipulation.

  • January 12, 2017

    9th Circ. Revives Apple App Store Monopoly Suit

    The Ninth Circuit on Thursday revived a suit accusing Apple Inc. of illegally monopolizing the market for iPhone apps, ruling that the phone maker is a distributor from which the buyers directly purchase services in a published decision that split from the Eighth Circuit.

  • January 12, 2017

    French Phosphate Co. Can't Overturn €60M Price Fixing Fine

    The European Union's highest court on Thursday upheld €59.85 million ($63.6 million) in fines against a French chemical company for its role in fixing the prices of animal feed phosphates, rejecting claims that the business was punished for refusing to settle with the European Commission.

  • January 12, 2017

    Judge To Hear Arguments Over NCAA Sit-Out Transfer Rule

    An Indiana federal judge on Tuesday granted the NCAA's request for oral arguments on its bid to dismiss antitrust claims by a former Northern Illinois University football player challenging a rule that restricts student-athletes from transferring schools by requiring them to sit out a year.

  • January 12, 2017

    Avago Fights 'Boilerplate' Antitrust Suit Over Tech Patents

    Avago Technologies and its affiliates urged a California federal judge Thursday to toss an antitrust suit by electronics maker Funai that accuses them of leveraging their patents to gain a monopoly over the wireless network and video compression markets, saying the allegations are "boilerplate" and don't point to specific harm.

  • January 12, 2017

    EU Enforcer Pushes Competition In Payment Systems Sector

    European Union financial services companies have to embrace innovation in payment systems services in a bid to boost competition and bolster efficiency, the EU’s top competition official said on Thursday, ahead of incoming regulation for the sector.

Expert Analysis

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Future FCC Leadership Could Mean Big Changes For TCPA

    David N. Anthony

    Litigation involving the Telephone Consumer Protection Act has become one of the leading types of consumer lawsuits in the U.S. However, the election of Donald Trump as president may prove to be a watershed moment for the TCPA, with the Federal Communications Commission's leadership switching to a majority of Republican appointees including a sharp critic of the FCC’s past handling of the TCPA, say attorneys at Troutman Sanders LLP.

  • FCPA Predictions For 2017

    Michael Volkov

    Everyone is predicting major changes in the U.S. Department of Justice's Foreign Corrupt Practices Act enforcement. I do not share this view. Frankly, FCPA enforcement is more bipartisan than other controversial enforcement programs, and the DOJ’s FCPA program is very profitable, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • Top 8 ITC Developments Of 2016

    David Scannell

    Looking ahead, it seems likely that the U.S. International Trade Commission will designate more cases for early disposition under the 100-day program, as the program gained increased popularity and visibility in 2016, say David Scannell and Daniel Muino of Morrison & Foerster LLP.

  • The Duty To Supplement Expert Reports: Part 2

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • Another Year Of Enforcement At FERC And CFTC

    Brooks, Michael 300dpi.jpg

    The Federal Energy Regulatory Commission and the U.S. Commodity Futures Trading Commission recently released their annual reports on enforcement activities for fiscal year 2016. In addition, FERC enforcement staff released white papers on market manipulation and effective compliance programs. These materials provide useful insight into agency staff’s expectations regarding the behavior of market participants, say attorneys from Bracewell LLP.

  • The Duty To Supplement Expert Reports: Part 1

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • United Case Highlights Achilles’ Heel Of Fraud Prevention

    Joseph Moreno

    United Airlines recently paid a $2.4 million penalty to the U.S. Securities and Exchange Commission for failing to follow its own anti-corruption policies, underscoring the fact that even a perfectly designed internal control environment will not operate effectively when management can circumvent or ignore controls, say attorneys with Cadwalader Wickersham & Taft LLP.

  • Time To Reopen Some DOJ Antitrust Field Offices

    Robert E. Connolly

    President-elect Donald Trump has pledged to spend up to $1 trillion upgrading America’s infrastructure. To help ensure that money is spent free from corruption, the incoming administration should reopen at least two of the four Antitrust Division field offices that were shuttered in January 2013, says Robert Connolly of GeyerGorey LLP.

  • Be Prepared For Law Firm Data Breach Litigation

    Scott Vernick

    The April 2016 leak of "Panama Papers" documents from law firm Mossack Fonseca removed any doubt that the threat of cyberattacks against the legal industry is more than hypothetical. While the case law on law firm data breach litigation has largely yet to be written, there are certain fundamental tenets worth reviewing, say Scott Vernick and Peter Buckley of Fox Rothschild LLP.