Competition

  • February 13, 2017

    CMA Banking Chief Says Fintech Reforms A Game-Changer

    Britain’s Competition and Markets Authority believes its unprecedented banking reform package has changed the game, and technology revolution will begin in earnest, an agency director told Law360 in an exclusive interview.

  • February 13, 2017

    Buyers Want Patent Suit Docs In Asacol Antitrust Suit

    Wholesalers accusing Warner Chilcott of trying to thwart competition for its ulcerative colitis medications asked a Massachusetts federal court on Friday to force the drugmaker to hand over documents from two patent suits involving Delzicol, saying the information is key to their antitrust claims.

  • February 13, 2017

    Wellbutrin Buyers Tell 3rd Circ. Actos Ruling Bolsters Case

    Purchasers of Wellbutrin have told the Third Circuit that their pay-for-delay case against GlaxoSmithKline PLC is supported by a recent Second Circuit ruling that said buyers did not have to rule out possible alternatives when asserting that they paid higher prices because of delayed generic competition for a drug.

  • February 10, 2017

    Par Can't Shake Antitrust Suit Over Vasopressin Access

    A New Jersey federal court on Friday refused to throw out Fresenius’ antitrust suit accusing Par Pharmaceutical Cos. of abusing its monopoly on an antidiuretic drug by raising prices and blocking others from entering the market, finding that Fresenius had adequately supported its claims.

  • February 10, 2017

    Next-Gen Broadcasting Perilous For Small Cable, FCC Told

    The American Cable Association has urged the Federal Communications Commission to beware of the potential capacity strains that small cable companies could face with the approval of a next-generation broadcasting standard, saying the proposed transition "holds great peril."

  • February 10, 2017

    Sanofi Says Amphastar, Ex-K&L Atty Doctored Evidence

    Sanofi-Aventis urged a federal judge in California on Friday to sanction generic-drug maker Amphastar and its former K&L Gates attorney for altering evidence in a since-dismissed False Claims Act suit, arguing neither the company nor the attorney have been willing to explain how the evidence got altered.

  • February 10, 2017

    Senator Presses FCC To Limit Cable Contract Terms

    U.S. Sen. Claire McCaskill, D-Mo., has urged the new Federal Communications Commission chief to act on his predecessor’s plan to limit certain provisions in agreements between pay-TV providers and independent programmers, saying a Senate subcommittee investigation shows the move would increase competition and viewer choice.

  • February 10, 2017

    1st Circ. Gauges Antitrust Immunity In Enoxaparin Row

    A three-judge First Circuit panel Thursday grilled opposing counsel on what exactly caused the injuries Amphastar alleged in a suit against rival Momenta over generic anticoagulant enoxaparin, and on whether Momenta is protected from the claims by a decades-old antitrust immunity doctrine.

  • February 10, 2017

    Ryanair Wins Airport State Aid Case At German High Court

    Germany's highest court has issued a decision in favor of Ryanair in a state aid case, saying national courts are not bound to follow preliminary rulings by the European Commission that companies have received state aid and are not obligated to order the recovery of the money.

  • February 10, 2017

    Denso Seeks Early Exit From Wire Harness Price-Fixing Suit

    Automotive parts manufacturer Denso Corp. on Friday asked a Michigan federal court to grant it an early exit from multidistrict litigation over supposed price-fixing of wire harnesses, saying there is no evidence purchasers of the products were ever harmed by Denso.

  • February 10, 2017

    Skelos, Son Urge 2nd Circ. To Toss Their Convictions

    Former New York Senate Majority Leader Dean Skelos and his son have urged the Second Circuit to toss their corruption convictions for allegedly squeezing illegal payments out of several businesses, saying the jury was given faulty instructions.

  • February 10, 2017

    Watchdogs Accuse UK Lighting Co. Of Price Maintenance

    U.K. antitrust regulators on Thursday accused lighting supplier Poole Lighting Ltd. of restricting the prices retailers can charge for some of its products online, which the watchdogs said would be a form of resale price maintenance and a violation of competition law.

  • February 9, 2017

    9th Circ. Urged To Revive Spine Device FCA Suit

    A medical device salesman and his private investigator on Thursday urged the Ninth Circuit to revive their False Claims Act suit against DJO Global and Biomet, arguing the medical device companies deceived Medicare into paying for spinal devices that were used in unsafe or ineffective ways.

  • February 9, 2017

    Feds Look To Intervene In 20-State Drug Antitrust Suit

    The U.S. government on Thursday asked a Connecticut federal court for permission to intervene in an antitrust action from 20 states against six generic-drug makers including Heritage, Mylan and Teva, citing the need to "protect the integrity" of its own investigation into the generic pharmaceutical industry.

  • February 9, 2017

    Anthem To Appeal Cigna Merger Loss To DC Circ.

    Anthem Inc. said it will appeal a D.C. federal judge’s ruling blocking its proposed $54 billion acquisition of Cigna Corp., noting in a statement Thursday that the deal would have lowered health care costs and made more quality care available to consumers.

  • February 9, 2017

    Insurance Mega-Merger Blocks No Death Knell For Deals

    Large national health insurers have suffered a one-two punch with two major acquisitions blocked on antitrust grounds in recent weeks, but while those transactions may be circling the drain, the industry may find such deals more feasible in the future with new enforcement priorities and possible legislative changes.

  • February 9, 2017

    Koch Ranch Tells 5th Circ. Damages Award Should Be Tossed

    A Colorado ranch owned by billionaire Bill Koch on Wednesday urged the Fifth Circuit to toss an award against it in a long-running dispute with a Texas cattle breeder over who has the rights to sell the company's specialty “Akaushi” Japanese cattle, arguing a point of Texas law.

  • February 9, 2017

    3rd Circ. Revives Claims In Truck Transmission Antitrust Row

    The Third Circuit vacated part of a Delaware federal court ruling in an antitrust suit against transmission supplier Eaton Corp. and heavy truck manufacturers, finding Thursday that the lower court erred when it dismissed individual antitrust claims brought by the end purchasers of the trucks.

  • February 9, 2017

    Ex-Rabobank Trader, Libor Suit Witness Seeks Time Served

    A former Rabobank trader who admitted to taking part in a scheme to fix Libor rates asked a New York federal court on Wednesday to sentence him to time served, arguing he should avoid further jail time after bolstering the government’s case against other traders as a witness.

  • February 9, 2017

    Ex-DC Judge Named Special Master In Airline Price-Fix MDL

    The D.C. federal court Thursday appointed a retired judge as special master to oversee discovery in multidistrict litigation alleging American Airlines, Southwest Airlines, Delta and United colluded to limit domestic flight capacity and hike prices.

Expert Analysis

  • 10 Antitrust Trends And Developments To Watch This Year

    Howard Morse

    President Donald Trump’s competition policies are sure to top the headlines in 2017. We can expect renewed focus on the SMARTER Act, continued attention to the pharmaceutical industry, and hurdles for foreign investment in the U.S., say attorneys with Cooley LLP.

  • 1st Circ. Affirms Narrow Scope Of Federal Criminal Statutes

    Joshua S. Levy

    The First Circuit's decision last month in U.S. v. Tavares unexpectedly added real teeth to the “in furtherance of” requirement of the mail and wire fraud statutes, say Joshua Levy and Daniel Fine of Ropes & Gray LLP.

  • Competition In Music Licensing — DOJ Has More To Do

    Thomas M. Lenard

    The U.S. Department of Justice’s position on music licensing will — and is intended to — reinforce the current system of collective licensing of performance rights. Permitting partial withdrawal while also requiring full-work licensing would be a more pro-competitive policy, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • DOJ Narrows Paths To Immunity For Antitrust Crimes

    Elizabeth Prewitt

    The U.S. Department of Justice Antitrust Division’s leniency program is unique — no other DOJ component offers similar nonprosecution protections for corporations or individuals. Therefore, new guidance released this week limiting pathways to leniency could be seen as part of the outgoing Obama administration’s desire to render this program less of an outlier, say attorneys with Hughes Hubbard & Reed LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Asset Swap Transactions In The Antitrust Crosshairs

    Meytal McCoy

    While companies may think they are in the antitrust clear with asset swap transactions, two recent divestiture orders make clear that regulators will apply the same rigorous antitrust analysis in such deals as they would in a traditional merger or acquisition, says Meytal McCoy of Mayer Brown LLP.