Competition

  • March 14, 2017

    Brazil Accuses Toshiba, Others Of Fixing CRT Prices

    The investigative arm of Brazil’s antitrust watchdog accused four companies and an individual of participating in a cartel for the manufacture and sale of a certain type of cathode ray tube on Monday, sending the case against Toshiba Corp. and others to its tribunal arm in a bid for fines.

  • March 14, 2017

    10th Circ. Affirms Suture Co. Loss In $200M Antitrust Suit

    The Tenth Circuit on Tuesday upheld a win by two national medical supply companies in a $200 million lawsuit by Suture Express alleging they illegally offered bundled discounts on sutures to stifle competition, saying Suture Express could not prove they were a dominant force in the market.

  • March 14, 2017

    Philips, Pioneer To Settle Optical Disk Drive MDL For $50.5M

    Electronics companies Pioneer and Philips will pay a combined $50.5 million in the latest settlement with consumers in a long-running multidistrict litigation alleging an industrywide price-fixing scheme over optical disk drives, according to documents filed in California court on Monday.

  • March 14, 2017

    FTC Fights Impax Bid For Fees In Pay-For-Delay Case

    The Federal Trade Commission has argued it cannot be placed on the hook for legal fees and litigation costs after voluntarily dismissing a pay-for-delay suit in Pennsylvania federal court against Impax Laboratories and others over generic versions of an extended-release opioid.

  • March 14, 2017

    Ex-Barclays Boss Tells Jury He Had 'No Idea' About Libor Rig

    The former co-head of Barclays PLC’s investment banking division told a London jury on Tuesday that he had “no idea” before 2012 that traders working under him were making improper requests to influence a key interest rate benchmark, despite their emails being under surveillance by the firm’s compliance department.

  • March 14, 2017

    Reciprocity In CFIUS Reviews Might Hit Chinese Deals Hardest

    There appears to be growing momentum behind the notion that the Committee on Foreign Investment in the United States should incorporate investment reciprocity into its national security reviews of inbound transactions, a policy shift that would weigh the heaviest on Chinese buyers if enacted.

  • March 14, 2017

    Klobuchar Calls For More Aggressive Merger Enforcement

    Senate Democrats’ top lawmaker on antitrust matters called on federal antitrust regulators Monday to step up their merger enforcement efforts and said she would introduce legislation to subject deals to increased scrutiny.

  • March 14, 2017

    Lawmakers Clear UK Gov't To Start Formal Brexit Talks

    British Parliament late Monday cleared the final hurdle for Britain's government to formally launch talks to leave the European Union, amid growing unease that future Brexit negotiations may not produce a deal giving U.K. banks and businesses free access to the EU single market.

  • March 13, 2017

    Veeva Countersuit Alleges IMS Monopoly Over Data Products

    Veeva Systems Inc. lodged a countersuit Monday against Quintiles IMS Inc. in New Jersey federal court alleging anticompetitive conduct over the offering of software products to life sciences companies, the same day it sought partial dismissal of IMS’ suit alleging Veeva misappropriated health care data trade secrets.

  • March 13, 2017

    Pharma Cos. Seek To Toss Blood Pressure Drug Antitrust Suit

    Mylan, Teva Pharmaceuticals and other generic-drug manufacturers on Friday slammed antitrust claims brought by drug buyers in New York federal court over an alleged conspiracy to jack up the price of generic blood pressure medication propranolol, arguing that the buyers haven’t plausibly shown there was a price-fixing conspiracy.

  • March 13, 2017

    Israeli Exec Pleads Guilty To DOJ Foreign Aid Fraud Charges

    A former executive of an Israel-based defense contractor pled guilty to several fraud charges in Connecticut federal court on Monday after prosecutors accused him of carrying out several schemes to defraud a U.S. foreign aid program, the DOJ announced on Monday.

  • March 13, 2017

    Feds Ask DC Circ. To Keep Anthem-Cigna Merger Blocked

    The U.S. Department of Justice urged the D.C. Circuit on Monday to uphold a decision blocking the proposed $54 billion Anthem-Cigna merger, arguing Anthem's claim the deal would save $2.4 billion in medical costs cannot be substantiated.

  • March 13, 2017

    Generic Skin Cream Buyers Fight Price-Fixing Row Dismissal

    Purchasers of generic medicated skin creams on Friday fought back against drugmakers’ anticipated attempts to dismiss four consolidated antitrust suits in New York federal court over alleged price-fixing, arguing that they’d done more than enough to show the plausibility of a conspiracy.

  • March 13, 2017

    Banks Ask 2nd Circ. To Keep ERISA Forex-Rigging Suit Dead

    Banks that were accused by thousands of retirees of violating the Employee Retirement Income Security Act after it was revealed that they manipulated key foreign exchange rates asked the Second Circuit on Friday not to resuscitate the would-be class action, saying the lower court had correctly concluded that the banks weren’t responsible for the retirement plans under that law.

  • March 13, 2017

    Retailers Seek Class Cert. In Card Chip Antitrust Suit

    A group of retailers has asked a California federal court to certify a class in a lawsuit alleging Visa, Mastercard, American Express and Discover conspired to unlawfully shift fraud liability to merchants, despite complications in switching to a new security chip system.

  • March 13, 2017

    Nixed $7.3B Antitrust Deal Unimpeachable, High Court Hears

    Retailers who support a scuttled $7.25 billion class action antitrust settlement with Visa and MasterCard over interchange fees have asked the U.S. Supreme Court to reject arguments that the Second Circuit decision vacating the deal should be left alone, saying the agreement’s importance cannot be refuted.

  • March 13, 2017

    City Scorns Secretive Review Of Economic Crime Agencies

    More details emerged Monday on the scope of the British government’s reappraisal of how it combats financial crime, amid criticism that the investigation's under-the-radar process doesn’t allow for input from law firms and financial services.

  • March 13, 2017

    EU Looks To Ease Gas Sales With Gazprom Antitrust Deal

    The European Union's antitrust regulator on Monday unveiled tentative agreements it has reached with Gazprom to unblock cross-border sales of gas in central and eastern Europe, saying the commitments by the Russian state-owned gas giant would address allegations that the company abused its dominance in the region.

  • March 13, 2017

    FDIC Sues Banks, BBA In UK Over Benchmarking

    The Federal Deposit Insurance Corporation filed proceedings against several banks, including Barclays PLC and Royal Bank of Scotland Group PLC, as well as the British Bankers Association at London’s High Court on Friday for matters relating to financial  benchmarking, according to the court register.

  • March 11, 2017

    Bharara Fired After Refusing To Resign

    U.S. Attorney Preet Bharara said on Saturday that he had been fired after he refused to comply with Attorney General Jeff Sessions' order directing Obama-appointed U.S. attorneys to resign.

Expert Analysis

  • A Deeper Dive Into Merger Remedies

    Steven A. Tenn

    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.

  • Debating Anti-Rebate And Inducement Laws In Washington

    Shawn Hanson

    Last month, the Washington state Senate introduced a bill that would amend its anti-rebate and inducement laws to allow insurers to offer free goods and services. Supporters argue that Washington is the only state in the country to force consumers to pay for technology that is free everywhere else, while opponents have expressed concern for fair competition, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Individual Defense In The Shadow Of Corporate Guilty Pleas

    Jessica K. Nall

    Corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But whether their corporate employer pleads guilty or pursues an alternative resolution, there are other factors at play that can make a bigger difference to the eventual outcome for individuals, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Preparing For DOJ's International Investigations

    Lara Kroop Delamarre

    It is not unreasonable to fear a possible investigation by the U.S. Department of Justice regardless of the nationality, location or business of a company or individual. The DOJ not only has the determination and resources to pursue white collar cases worldwide, but it has the benefit of increasing international cooperation, says Lara Kroop Delamarre of Cohen & Gresser LLP.

  • Bank M&A Lessons From 2016 Regulatory Approvals

    Robert C. Azarow

    A review of last year's regulatory orders approving bank mergers reveals common themes. For example, compliance history remained an essential element of the regulatory analysis for buyers of all sizes, and fair lending was one of the hottest compliance issues in connection with the merger approval process, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • FERC Could See Substantial Changes Under President Trump

    John Estes.jpg

    The Federal Energy Regulatory Commission oversees electric utilities and gas pipelines that account for about 4 percent of the U.S. gross national product. So the impact of FERC policy shifts can be significant. Under the Trump administration, FERC could revisit its stances on market manipulation, net metering and other key issues, say John Estes III and Timothy Mastrogiacomo of Skadden Arps Slate Meagher & Flom LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.