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Competition

  • December 7, 2018

    J&J Can't Escape Retailers' Antitrust Suit Over Remicade

    Johnson & Johnson must face an antitrust suit accusing the drugmaker of foisting the brand drug Remicade on pharmacies and preventing them from carrying competing biosimilars, according to a Pennsylvania federal judge's ruling released Friday.

  • December 7, 2018

    German Power Giant To Allow More Danish Energy After Probe

    The largest high-voltage electricity transmitter in Germany will let in more energy from Denmark suppliers to end a European Commission investigation that it choked the supply of cheap Nordic electricity in favor of German-produced power, regulators said Friday.

  • December 7, 2018

    Georgetown Tech Hub Hires Ex-FTC Commish, Covington Atty

    Georgetown Law has nabbed a top Covington & Burling lawyer and former Federal Trade Commission member who worked on antitrust and consumer protection matters for the school’s tech law hub, who will join as a distinguished fellow.

  • December 7, 2018

    Motorola Wins Bid To Send Two-Way Radio Suit To Illinois

    Motorola Solutions Inc. has won its bid to transfer from New Jersey to Illinois a federal antitrust lawsuit by Hytera Communications Corp. accusing the telecommunications giant of unlawfully monopolizing the land mobile radios market, with a judge finding that the claims arose in the Prairie State.

  • December 7, 2018

    EU Takes Romania To Court Over $105M In Unrecovered Aid

    The European Union’s antitrust watchdog is taking Romania to court over the country's failure to fully claw back €92 million ($104.8 million) it paid to two Swedish investors in violation of EU state aid rules, the agency said Friday.

  • December 7, 2018

    Take Merger Fight To The Links, FCC's Pai Says At Roast

    FCC Chairman Ajit Pai needled parties involved in two of the year’s biggest mergers during the 32nd annual Chairman’s Dinner Thursday night, suggesting AT&T and the DOJ could settle their beef on the putting green and Sprint and T-Mobile’s merger attempts resemble dysfunctional relationships on “The Office.”

  • December 7, 2018

    Merck, Glenmark Can't Shake Zetia Pay-For-Delay MDL

    Drugmakers Merck & Co Inc. and Glenmark Pharmaceuticals Ltd. lost a bid to kill multidistrict litigation alleging a pay-for-delay scheme involving the cholesterol medication Zetia when a Virginia federal judge on Thursday said an arbitration clause in Merck's contracts with customers improperly waived their statutory rights, making it unenforceable.

  • December 7, 2018

    Meet The Rigorous Judge Overseeing The CVS-Aetna Merger

    The D.C. federal judge pumping the brakes on the fast-moving merger of CVS Health Corp. and Aetna Inc. has a track record of aggressively scrutinizing government deals with big business, even if it means testing the boundaries of judicial power.

  • December 7, 2018

    Taxation With Representation: Kirkland, Cahill, DLA, Brown

    In this week’s Taxation With Representation, Altice Europe NV sells a stake in a fiber-optic connection business for $2 billion, ResMed lands Propeller Health for $225 million, and Nexstar Media Group inks a $6.4 billion deal for Tribune Media Co.

  • December 7, 2018

    ​​​​​​​Dominion Must Produce Docs In Dealer Data Antitrust MDL

    Media company Dominion Enterprises Inc. must produce testimony documents in multidistrict litigation over Reynolds and Reynolds Co.'s and CDK Global's alleged monopoly over the auto dealer data management systems market, an Illinois federal judge ruled, finding the documents could implicate the companies in a price increase conspiracy and are relevant to the case.

  • December 7, 2018

    7th Circ. Won't Revive Containerboard Price-Fixing Claims

    A class of containerboard purchasers’ price-fixing claims against two manufacturers that remained in the suit after others settled were correctly tossed because the purchasers had insufficient evidence of a conspiracy, the Seventh Circuit said Friday.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 7, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen an African import-export bank sue Nigerian airline Airik, Jaguar and several major insurers sue an auto shipping specialist and a Brazilian energy executive lodge a claim against a unit of Swiss bank Rothschild. Here, Law360 looks at those and other new claims in the U.K.

  • December 6, 2018

    Bitcoin Market 'Hijacking' Caused $4B Value Drop, Suit Says

    A lawsuit filed Thursday in Florida federal court by a Miami-based company accused several prominent players in the Bitcoin Cash cryptocurrency network of hijacking a software upgrade, leading to a "global capitalization meltdown" of more than $4 billion and harm to it and other U.S. bitcoin holders.

  • December 6, 2018

    Travel Site Sues Hilton, Marriott, Others Over Search Scheme

    Online travel agent TravelPass Group LLC hit leading hotel chains including Hilton, Marriott and Hyatt with a suit in Texas federal court on Thursday, accusing them of agreeing not to compete for advertising search terms and preventing travel sites from bidding on search terms that incorporate their brands.

  • December 6, 2018

    Tronox Awaits Chance To Sell FTC On Planned $2.4B Merger

    A Federal Trade Commission judge is set to decide early next week if Tronox Ltd. may ask the commissioners if its proposal to sell off a titanium dioxide plant in Ohio adequately assuages their fears about its planned merger with Saudi-owned chemical mining company Cristal.

  • December 6, 2018

    Judge Says She'll Likely Approve $900M Card Swipe Fee Deal

    A Brooklyn federal judge said at a hearing Thursday that she would probably approve a $900 million addition to a $5.3 billion settlement between Visa, MasterCard, a group of banks and the merchants who accuse them of charging excessive swipe fees, saying she would issue a decision once a few changes were made.

  • December 6, 2018

    Sherman Act Cut From Clot Drug Suit, State Claims Survive

    A Tennessee federal judge has freed Momenta Pharmaceuticals Inc. and Sandoz Inc. from Sherman Act allegations that they conspired to monopolize the market for the blood clot drug Lovenox and its generic version, but kept related state claims alive.

  • December 6, 2018

    Ohlhausen Pulls Bench Nomination To Join Baker Botts

    Former Federal Trade Commission chief Maureen K. Ohlhausen has taken her name off the list to fill a seat in the federal judiciary after President Trump tapped her for the U.S. Court of Federal Claims in January, and will rejoin private practice at Baker Botts LLP, the firm announced Thursday.

Expert Analysis

  • ​Takeaways From Senate Antitrust Enforcement Hearing

    Joseph Bial

    While testifying before the Senate's antitrust subcommittee earlier this month, the chairman of the Federal Trade Commission and the head of the U.S. Department of Justice Antitrust Division provided additional detail about several of the agencies’ initiatives, say attorneys with Paul Weiss Rikfind Wharton & Garrison LLP.

  • Roundup

    Trade Wars

    Trumps Trade Wars Logo 03.jpg

    This special series examines the legal, strategic and economic dimensions of the Trump administration's trade agenda, and assesses what the recent shifts in U.S. trade policy may mean for the country and for the established system of international commerce.

  • Series

    Trade Wars: Restricting Foreign Access To US Technology

    Hdeel Abdelhady

    The tech industry is now at the center of policies designed to protect U.S. technology from foreign access and influence — including not only restrictions on foreign investment, but also supply chain exclusions, limits on academic research, curbs on third-country technology transfers and measures against foreign control of key raw materials, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • ​Are You Ready For Your Congressional Investigation?

    Brian Smith

    ​The Democratic Party is ​expected to take control of the House of Representatives next year,​ ​which​ will dramatically increase the congressional investigations risks for ​the ​private sector.​ Prime targets include pharmaceutical, financial services and technology ​companies, says Brian Smith of Covington & Burling LLP.

  • Series

    Trade Wars: Top 10 Trump Trends

    Charles Skuba

    The inner workings of the Trump economics and trade team remain foggy, but the administration's trade strategy can be discerned from the public statements of the president and his advisers. Unpredictability, mercantilism, bilateralism and a willingness to accept collateral damage are among the most important patterns, says Charles Skuba of Georgetown University’s McDonough School of Business.

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • Series

    Trade Wars: Tariffs Threaten To Outweigh Tax Reform Gains

    Erica York

    In the next installment of this series examining the dimensions of the Trump administration's trade agenda, Erica York of the Tax Foundation discusses how the economic harm caused by tariffs could slow or offset the economic and employment benefits of tax reform.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Series

    Trade Wars: When Trade And National Security Converge

    Mario Mancuso

    Increasing tariffs, new scrutiny of foreign investments in U.S. companies, and export controls over “emerging and foundational” technology are part of a Trump administration strategy to advance national security objectives using economic tools. These measures are ushering in a new era of trade restrictions, say attorneys with Kirkland & Ellis LLP.