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.
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.
Drugmaker Mylan NV on Monday urged a New York federal court to dismiss investors' amended allegations about alleged anti-competitive behavior involving its EpiPen epinephrine autoinjector, saying the bulk of the allegations were simply copied from other complaints.
An Illinois federal judge tripled a jury’s $105 million award to $315 million Tuesday, following the panel’s verdict for Shuffle Tech LLC and three other companies who accused Scientific Games Corp. of initiating sham litigation to assert invalid patents and keep its automatic card-shuffler competition out of the market.
The Second Circuit rejected a defunct magazine wholesaler’s attempt to revive its $371 million antitrust suit against magazine publishers including Time and Hearst, finding in a decision made public Monday that there was insufficient evidence that the publishers conspired to put it out of business.
Shuffle Tech LLC’s counsel urged a federal jury Monday not to buy into the idea that its CEO is a “loser and a liar” when it comes to his company, saying he is actually a victim and Scientific Games Corp.'s characterization was “just the arrogance of a monopolist and their attorneys.”
The U.S. Department of Justice told the D.C. Circuit on Monday that a lower court ignored a fundamental economic model and basic corporate principles when it rejected the agency's effort to block AT&T's now-completed $85.4 billion purchase of Time Warner.
Insurance giant Humana has slapped a host of generic-drug makers with a sprawling racketeering suit in Pennsylvania federal court alleging they conspired to hike prices on a range of everyday medications from muscle relaxers to antidepressants, resulting in "extraordinary" prices over a four-year period.
Mattress Firm is reportedly considering bankruptcy, SoftBank is mulling a $90 billion value for the domestic wireless unit it plans on listing, and T-Mobile’s $59 billion proposed merger with Sprint is in the early stages of antitrust review.
A Ninth Circuit panel was right to find that Seattle’s law letting for-hire drivers, like those from Uber, form quasi-unions is vulnerable to an antitrust challenge, the U.S. Chamber of Commerce said Friday in a brief urging the full court not to rethink a ruling reviving parts of the business group’s suit.
German gas giant Linde AG announced that the Federal Trade Commission wants the company to sell off additional assets to clear a planned $70 billion merger with Praxair Inc., less than a month after it said it would divest $3.3 billion in North and South American business interests to earn regulators' blessing.
Jeff White of Weil Gotshal & Manges LLP has helped companies including Walgreens Boots Alliance navigate complicated merger reviews to find solutions that get multibillion-dollar deals through, earning him a spot among five competition attorneys under 40 honored by Law360 as Rising Stars.
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.
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.
Increasingly, a company’s disclosure of the existence of investigations into allegedly anti-competitive conduct has triggered securities class action litigation. But recent court decisions have made clear that plaintiffs must do more than simply allege the existence of an investigation, say Samuel Groner and Andrew Cashmore of Fried Frank Harris Shriver & Jacobson LLP.
The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.
Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.
A recent decision from the Northern District of Illinois highlights the continued litigation around the scope of directors and officers liability insurance coverage for government investigations. Astellas v. Starr is a win for policyholders, reasoning that compliance with a government subpoena is essentially mandatory, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.
The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.
As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.
In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.