Competition

  • January 8, 2018

    Monsanto Engaged In Seed-Price Inflation Scheme, Suit Says

    A proposed class of direct purchasers of seeds filed an antitrust lawsuit against Monsanto Co. in Missouri federal court Monday, accusing the global agrochemical company of artificially inflating prices for genetically modified seed traits in soybeans and cotton by engaging in an anti-competitive scheme with other conspirators.

  • January 8, 2018

    GSK Wants 3rd Circ. To Rehear La. Flonase Decision

    GlaxoSmithKline PLC on Friday asked the Third Circuit to reconsider a decision that found the state of Louisiana was not barred by a class action antitrust settlement from bringing its own claims over allegations that the company stymied generic competition for its Flonase nasal spray.

  • January 8, 2018

    Restasis Antitrust Suits Paused For MDL Panel Review

    A Texas federal court on Friday stayed a series of lawsuits accusing Allergan PLC of violating antitrust laws to keep generics for the dry-eye medication Restasis off the market, until the Judicial Panel on Multidistrict Litigation decides whether the cases should be combined.

  • January 8, 2018

    McKool Smith Nabs Former ITC Commissioner For DC Office

    McKool Smith PC announced Monday that it has bolstered its Washington, D.C., office with the addition of a former commissioner at the International Trade Commission who specializes in intellectual property, antitrust and trade.

  • January 8, 2018

    High Court Allows Revival Of Propane Antitrust Row

    The U.S. Supreme Court denied an attempt by distributors of pre-filled propane tanks to shoot down antitrust price-fixing claims against them Monday, leaving intact an Eighth Circuit decision that revived direct purchasers’ claims against the companies.

  • January 8, 2018

    FCA Fines, Bans Ex-RBS Libor Trader For 'Reckless' Conduct

    The Financial Conduct Authority said Monday it has banned another former interest rate derivatives trader from working in the regulated financial sector and fined him £250,000 ($338,600) for what it called his "reckless” part in manipulation of the London Interbank Offered Rate.

  • January 5, 2018

    Apple Hit With $300K Sanction In Qualcomm Antitrust Row

    A federal magistrate judge in California said Friday he’ll sanction Apple Inc. to the tune of $300,000 for missing a document production deadline in antitrust suits brought against Qualcomm Inc. by the Federal Trade Commission and a putative class of cellphone buyers, after saying in an earlier hearing he wanted to encourage other third parties in the litigation to meet deadlines.

  • January 5, 2018

    Discovery In AT&T Merger Row On Pace, Attorneys Say

    Attorneys for the government and AT&T on Friday told a D.C. federal judge they remain on pace with a brisk schedule laid out last month for a suit over the government’s efforts to quash the telecom giant’s proposed $85 billion purchase of Time Warner.

  • January 5, 2018

    Singapore Hits Electronics Cos. With $14.7M In Cartel Fines

    Singapore’s competition enforcer became the latest to tackle alleged cartel activity in the electrolytic capacitor sector on Friday, fining four electronics companies a record SG$19.6 million ($14.7 million) for fixing prices and sharing information about the components.

  • January 5, 2018

    Thermo Fisher, Phadia To Exit Allergy Test Antitrust Suit

    A remote allergy service provider has agreed to drop antitrust claims against Phadia US Inc. and Thermo Fisher Scientific Inc. in a suit alleging Phadia partook in a conspiracy to restrict allergy testing, about two months before a scheduled trial, according to dismissal papers filed in Texas federal court on Friday.

  • January 5, 2018

    FTC Says Letting Nurses Work Independently May Benefit Pa.

    Allowing qualified nurses to practice and prescribe medication on their own after working with a doctor for three years would likely benefit competition and anyone seeking health care in Pennsylvania, the Federal Trade Commission has told a state legislator.

  • January 5, 2018

    Pa. Shale Landowners Want Arbitration Ruling Revisited

    More than 600 Marcellus Shale landowners asked a Pennsylvania federal court Thursday to reconsider its refusal to permit "class" arbitration in their gas royalties fight with Chesapeake Energy Corp. and others, arguing they want their individual claims arbitrated together, not as a class.

  • January 5, 2018

    India Raises Antitrust Worries Over Bayer-Monsanto Deal

    India’s competition authority said Friday that Bayer AG's planned $63.5 billion purchase of Monsanto Co. could raise competitive concerns in the country, making it the latest international antitrust enforcer to take issue with the deal.

  • January 5, 2018

    Doormaker Slams Competitor's Bid To Dodge Antitrust Suit

    A Texas door manufacturer on Thursday hit back at an attempt by a supplier of molded doorskins to escape allegations in Virginia federal court that it has manipulated supply of the crucial interior door component, saying there are factual disputes in the case that should be resolved through trial.

  • January 5, 2018

    UNC Med School Gets No-Hires Antitrust Settlement Cleared

    A North Carolina federal judge on Thursday signed off on a settlement under which the University of North Carolina School of Medicine agrees to a prohibition on no-hire arrangements, leaving only the Duke University School of Medicine to face antitrust allegations and damages claims from an instructor.

  • January 5, 2018

    Fla. Attys Look To Toss Ticket Startup’s $11M Antitrust Suit

    Florida attorneys facing an $11.4 million federal antitrust suit from a traffic ticket services startup that's also suing the state bar association moved Thursday to toss the allegations, which they say are simply trying to “legitimize” the startup’s allegedly illegal unlicensed practice of law.

  • January 4, 2018

    4 Things To Know About The Latest FRAND Rate-Setting Case

    A California federal judge added to case law on standard-essential patents late last month by holding that Ericsson did not offer to license its patents on reasonable terms, then becoming only the fourth U.S. judge to determine a royalty rate for essential patents. Here are four takeaways from the decision.

  • January 4, 2018

    Pharma Distribution Group Says Antitrust Suit Is Nonsense

    Pharmaceutical distribution organization Healthcare Distribution Alliance urged a Virginia federal judge Wednesday to toss an antitrust suit brought against it by drug-tracking software service startup TraceLink, arguing that the suit is nothing more than “farfetched theories” arising from HDA’s release of its own regulatory-compliance software.

  • January 4, 2018

    Senators Urge DOJ, FCC To Probe $3.9B Sinclair-Tribune Deal

    A group of Democratic senators sent letters to the heads of the U.S. Department of Justice antitrust division and the Federal Communications Commission on Thursday urging them to closely scrutinize Sinclair Broadcast Group Inc.’s planned purchase of Tribune Media Co. following the recent repeal of regulations.

  • January 4, 2018

    Fla. Infectious Disease Doctors Escape Price-Fixing Suit

    A Florida federal judge on Wednesday tossed a suit by an infectious disease doctor who accused three rivals of conspiring to fix their prices and push her out of a contract with the local medical center, saying she is not an “efficient enforcer” of the antitrust claims.

Expert Analysis

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • And Now A Word From The Panel: 5 MDL Lessons

    Alan Rothman

    In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • CFTC's Troubling Price Manipulation Claims Against Statoil

    Norman Bay

    Statoil ASA will pay $4 million to resolve claims that the company attempted to manipulate propane prices, but the intent evidence that the U.S. Commodity Futures Trading Commission relied upon is not very persuasive, say attorneys with Willkie Farr & Gallagher LLP.

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    Gorsuch: The Judge Who Speaks For Himself

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • High Transparency May Help SSOs Under Attack By DOJ

    David Newman

    Member-driven standard-setting organizations have traditionally steered clear of antitrust focus despite their inevitable tendency for concerted action. However, new scrutiny espoused by Assistant Attorney General Makan Delrahim should lead SSOs to change protocol, says David Newman, leader of Gould & Ratner LLP's intellectual property group.

  • Key Takeaways From The ABA Antitrust Fall Forum

    Jon Jacobs

    At the American Bar Association's annual Antitrust Fall Forum last week, the theme was “predictability,” and we heard from all three branches of government — from keynote addresses by agency enforcers and legislators, to an entertaining panel with federal judges who presided over recent trials, say attorneys with Perkins Coie LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.