It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.
Brazil's competition enforcer said Thursday that it has fined Toshiba Corp. and Mitsubishi Electric Corp. a total of 4.9 million reals ($1.3 million) for their parts in a cartel that fixed prices and divvied up markets for a component used in electrical substations, imposing the penalty after a decadelong investigation.
The second co-founder of a Palm Beach, Florida-based real estate investment firm pled guilty to a felony antitrust charge in federal court Thursday for his part in what authorities say was a $16 million scheme to rig bids in online home foreclosure auctions.
An appeals court in England said judges don't have to decide whether to disclose sensitive evidence the country's antitrust watchdog withholds when deciding whether to grant it a search warrant, giving the regulator a win against drugmakers it says entered into illegal agreements that ensured a monopoly over the hydrocortisone tablets charged to the National Health System.
Nissan North America Inc. and four Cleveland-area car dealerships have struck an undisclosed settlement resolving claims that the automaker incentivized their rival and unfairly burdened them with financial incentives, according to an Ohio federal court order.
A California federal judge certified two classes of All Nippon Airways passengers in multidistrict litigation alleging that major airlines conspired to fix the prices of long-distance trans-Pacific flights.
Tribune Media Co. said Thursday it has ended its planned $3.9 billion combination with Sinclair Broadcast Group Inc. and sued its former acquirer in Delaware for mangling the review process with “unnecessarily aggressive and protracted negotiations” with regulators.
A Georgia-based law firm slapped the television industry’s largest media companies, including Tribune Media Co., Sinclair Broadcast Group Inc., with a proposed class action in Illinois federal court Wednesday, claiming that they have been working together to inflate local advertising prices in violation of federal antitrust laws.
Republican Sen. Mike Lee of Utah has asked the U.S. Department of Justice and Federal Communications Commission to consider the potential pro-competitive effects from a proposed merger of Sprint and T-Mobile as the agencies consider whether to greenlight the deal.
A Ninth Circuit panel has backed a lower court's decision to nix an antitrust suit by beer drinkers that challenged Anheuser-Busch InBev's acquisition of SABMiller, finding Wednesday that because SAB had divested its U.S. business before the deal went through, there had been no change to competition in the domestic market.
Kilpatrick Townsend & Stockton LLP has added a partner to its Washington, D.C., antitrust and trade regulation practice who formerly served as chair of the Tucker Ellis LLP antitrust group, chief antitrust counsel at AT&T Inc. and an attorney with the U.S. Department of Justice.
An Illinois packaging and paper company has announced that it will hand over unspecified information as part of the U.S. Department of Justice's second request for information on a $4.9 billion buyout by WestRock Co., a deal expected to boost the combined company's product portfolio and extend its geographic reach.
A Michigan federal judge has given early approval to a $3.1 million settlement that truck and equipment dealers struck with manufacturers Robert Bosch GmbH and three other companies, which would put to rest dealers' allegations of a wide-ranging conspiracy to hinder competition in the auto parts industry.
DLA Piper has added a former Duane Morris LLP partner who has experience litigating intellectual property, business contracts, noncompete and construction disputes to its litigation practice group in Miami, according to the firm.
The two organizations that put on the U.S. Olympic Trials for track and field athletes do not have to “open the floodgates” for advertisers that wish to sponsor the runners, the Ninth Circuit affirmed Tuesday, shutting down athletic chewing gum maker Run Gum’s antitrust lawsuit.
Ahold Delhaize USA Inc., parent company of Peapod, became the latest food retailer to accuse Tyson, Perdue and several other broiler chicken producers of conspiring in a nearly decadelong scheme to fix prices in a suit filed in Illinois federal court on Monday.
Mining and chemical company Tronox Ltd. squared off in D.C. federal court Tuesday against the Federal Trade Commission’s effort to stall its $2.4 billion acquisition of Saudi Arabia-based Cristal, telling a federal judge that the government is unlikely to win an order that would quash the deal.
Saying it’s the latest in pre-trial “gamesmanship” designed to “hamstring” their case, automobile dealerships and end payors suing auto parts makers for alleged price-fixing asked a federal judge in Michigan on Tuesday to reject KYB Corp. and Showa’s attempt to scrap an evidence-sharing timetable.
The Federal Trade Commission on Monday urged the Fifth Circuit to reject a bid by the Louisiana Real Estate Appraisers Board to escape the agency’s challenge of regulations that control appraisal fees, arguing that the appellate court lacks jurisdiction while also reasserting that the board is not immune to antitrust law.
A former Kirkland & Ellis LLP partner who helped negotiate a $190 million settlement for Deutsche Bank AG in litigation over allegedly rigged foreign exchange rates has rejoined King & Spalding LLP in Washington, D.C., the firm said Monday.
A bill aimed at overhauling the Committee on Foreign Investment in the United States is close to becoming a law, meaning vast changes are on the horizon for the interagency committee and its process for examining foreign direct investment for national security threats. Here, Law360 outlines five ways the proposed legislation would alter CFIUS.
The Serious Fraud Office has landed another mixed result in its prosecution of several former Barclays and Deutsche Bank traders for manipulating Euribor, the latest in the white collar specialist's latest effort to hold individuals accountable for rigging key benchmark interest rates. Here, Law360 looks at the highlights of the SFO's long-running campaign.
A D.C. federal judge has rejected the U.S. Department of Justice’s arguments that AT&T’s planned purchase of Time Warner would hurt competition and drive up consumer costs, dealing a major blow to the government’s first court challenge of a vertical merger in decades. Here, Law360 looks at how we got here, the key issues and highlights of the case.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.
In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.
Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.
Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.
In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.
The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.
Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.
Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.
Merger news from the first half of 2018 reflects a global trend toward alignment of enforcement on the national level and on the regional level, say attorneys with Latham & Watkins LLP.
A D.C. federal judge's decision last month in United States v. AT&T contains important insights that will be influential well beyond the confines of the now-completed $85 billion merger between AT&T and Time Warner, say Nathaniel Wackman and Lee Van Voorhis of Jenner & Block LLP.