Competition

  • January 18, 2017

    Merck Says K-Dur Buyers Can't Save Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have asked a New Jersey federal court to deal them a quick win in long-running pay-for-delay litigation over potassium supplement K-Dur, saying direct purchasers of the medication can’t prove the drug was a market unto itself and that they were wrongly edged out of that market.

  • January 18, 2017

    Med Device Co. Pays $14M Over Accounting, FCPA Violations

    Texas-based medical device company Orthofix International will pay $14 million in disgorgement and penalties and admit wrongdoing for improperly booking revenue and paying off Brazilian doctors to boost sales, the U.S. Securities and Exchange Commission said Wednesday.

  • January 18, 2017

    Del. Justices Kick Wal-Mart Investor Suit To Chancery

    The full Delaware Supreme Court on Wednesday criticized the lack of coordination between investors’ attorneys from two separate suits targeting an alleged Wal-Mart Mexico bribery scandal, ordering a lower court to contemplate whether one shareholder group’s rights were violated by the other’s case.

  • January 18, 2017

    3rd Circ. Rules Car Shippers Immune From Antitrust Suit

    The Third Circuit on Wednesday affirmed the dismissal of litigation accusing several international shipping companies of fixing prices for transporting vehicles, saying that the federal Shipping Act preempts state and federal antitrust claims.

  • January 18, 2017

    Qualcomm Slapped With Antitrust Class Action After FTC Suit

    A group of consumers hit Qualcomm Inc. with a proposed class action Wednesday alleging it has a monopoly on modem chipset technology that resulted in inflated retail prices for cell phones and other devices, closely following a Federal Trade Commission challenge to the company’s practices.

  • January 18, 2017

    Mallinckrodt Inks $100M Antitrust Deal With FTC, States

    Mallinckrodt PLC has agreed to pay $100 million to end accusations by the Federal Trade Commission and several states’ attorneys general that it acquired the U.S. rights to an infant seizure drug that competed with its own Acthar, allowing it to dramatically raise prices, the FTC said Wednesday.

  • January 18, 2017

    FERC Got Market Order Wrong, TransCanada Gas Unit Says

    The Federal Energy Regulatory Commission wrongly refused to let the U.S. natural gas storage unit of pipeline giant TransCanada Corp. charge market-based rates for its services, based on erroneous competition concerns, the unit told the D.C. Circuit on Tuesday.

  • January 18, 2017

    CBS Presses FCC To Restore Ownership Cap Exception

    CBS Corp. wants the Federal Communications Commission to reinstate posthaste a break given to UHF station owners on media ownership cap rules, arguing Tuesday that the agency nixed the exception without “a shred of evidence” of public harm.

  • January 18, 2017

    FTC Fines Investors For Missing Premerger Notifications

    The Federal Trade Commission has fined a hedge fund manager and an entrepreneur a total of $900,000 for violating merger notification rules by failing to report substantial share purchases, the agency announced on Tuesday.

  • January 18, 2017

    Regulators Want Multiple Providers In UK Payments Market

    Britain’s payments and banking watchdogs told lawmakers Wednesday that the agencies want to open up the provision of national payments infrastructure to multiple providers operating simultaneously by 2020, to radically increase competition in the sector.

  • January 18, 2017

    Consumers Fight For £14B MasterCard Antitrust Class Suit

    Lawyers handling a £14 billion ($17 billion) consumer antitrust class action over MasterCard's swipe fees told a London tribunal Wednesday that retailers’ successful claims that they swallowed the costs themselves don’t amount to a fatal flaw in the consumer case.

  • January 18, 2017

    EU Officials See 'Very Difficult' UK Brexit Talks Ahead

    Top European Union officials predicted Wednesday that Brexit negotiations with the U.K. will be arduous and leave Britain with poorer EU trade relations than it now enjoys as a member of the bloc. 

  • January 17, 2017

    Bio-Rad Fired GC For FCPA Leak, Jury Told At Trial’s Start

    A lawyer for Bio-Rad Laboratories Inc.’s ex-general counsel told a California federal jury during opening arguments in his retaliation suit Tuesday that the company fired him for blowing the whistle on its Foreign Corrupt Practices Act compliance in China, while Bio-Rad countered that he was an ill-tempered lawyer terminated for incompetence.

  • January 17, 2017

    Drug Cos. Aim To Force Market Discovery In Loestrin MDL

    Warner Chilcott PLC and other defendants in multidistrict litigation challenging alleged pay-for-delay settlements over contraceptive Loestrin moved Friday in Rhode Island federal court to force a group of buyers to give up information that may shed light on whether the drug is a market unto itself.

  • January 17, 2017

    Major Merger Probes Hit Record Delays In 2016, Report Finds

    Significant merger investigations by the Department of Justice and Federal Trade Commission in 2016 lasted nearly 10 months, on average, longer than any time in the past six years, according to law firm Dechert LLP.

  • January 17, 2017

    FCC’s Transparency Rules Go Into Effect For All Providers

    Enhanced transparency rules under the Federal Communications Commission’s 2015 Open Internet Order went into effect on Tuesday despite a plea from several trade associations, although a Democratic commissioner lamented the effect on small providers and a Republican commissioner pushed action soon.

  • January 17, 2017

    SEC Fines Pershing Square, Others For Pay-To-Play Violations

    Billionaire investor Bill Ackman’s hedge fund Pershing Square is one of 10 firms that agreed on Tuesday to settle the U.S. Securities and Exchange Commission’s allegations of “pay-to-play” violations concerning campaign contributions and investment advisory work.

  • January 17, 2017

    Rolls-Royce Cops To Global Bribery Scheme, Pays $800M

    Aircraft engine manufacturer Rolls-Royce agreed to pay authorities from the U.S., U.K. and Brazil over $800 million to end bribery and corruption allegations from across the globe, the U.S. Department of Justice said on Tuesday.

  • January 17, 2017

    Law360's Pay-For-Delay Cheat Sheet For 2017

    After more than three years of litigation in the wake of the U.S. Supreme Court's landmark pay-for-delay ruling, 2016 saw a slew of appellate opinions over the scope of the antitrust scrutiny patent settlements can face. Here are the cases to watch in the year ahead.

  • January 17, 2017

    Plans To Shake Up UK Retail Banks On Track, Agency Says

    The U.K. competition watchdog is on track to deliver a series of reforms that will shake up retail banking in Britain and ensure they are aligned with incoming European Union laws, the agency said Tuesday.

Expert Analysis

  • 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.

  • 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

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    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.

  • 7 Legal Industry Predictions For 2017

    Haley Altman

    Since 2008, the legal relationship dynamic has consistently evolved, leading clients to demand more "value" for services received. In 2017, investment in and adoption of new technology and prioritizing cybersecurity will lead to an increase in billable hours and shifts in realization rates, says Haley Altman of Doxly.

  • 6 Key Commercial Litigation Finance Trends For 2017

    Ralph J. Sutton

    With commercial litigation funding gaining acceptance throughout the U.S., law firms and corporations are investigating how they can benefit from the capital that funders provide, and which criteria they should use in selecting a funder. Ralph Sutton, chief investment officer of Bentham IMF, discusses several major trends to watch in 2017.

  • 5 Ways To Fight Costlier Legal Malpractice Claims In 2017

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    There are a number of concrete, practical steps that law firms can take to address the high cost of defending legal malpractice claims, both before and after a claim is made, says Richard Simpson, a partner with Wiley Rein LLP who serves on the ABA Standing Committee on Lawyers’ Professional Liability.