Competition

  • 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.

  • May 16, 2017

    Arnold & Porter Scoops Up Another Ex-DOJ Antitrust Atty

    A second attorney from the U.S. Department of Justice’s Antitrust Division during the Obama administration will rejoin Arnold & Porter Kaye Scholer LLP, which said Monday that Sonia Pfaffenroth will return to its Washington, D.C., office as a partner in September.

Expert Analysis

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • What An Illegal Price-Fixing Bot Might Look Like

    David Evans

    Generally, price-setting bots are not violating the Sherman Act. At what point would, or could, a bot engage in illegal price-fixing? Let's look at five scenarios, says David Evans of Kelley Drye & Warren LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Applying Buckman Preemption To Antitrust And RICO Claims

    Stephen McConnell

    In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • How New Pricing Technology Raises New Antitrust Issues

    Matthew P. Kennison

    Prices provide crucial information to buyers and sellers, and so have always been critical to a competitive economy and antitrust law. But the emergence of new online information-harvesting technology and instantaneous transmission of pricing information may lead to anti-competitive price-fixing arrangements and disputes about distributors’ pricing, say Matthew Kennison and Steven Cernak of Schiff Hardin LLP.