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Competition

  • June 11, 2018

    Deals Rumor Mill: TPG, Stryker, Fortum

    TPG reportedly wants $1.5 billion for a fund aimed at betting on technology companies putting off going public, Stryker Corp. offered to take over Boston Scientific, and the European Commision is set to approve Fortum’s bid to buy a 46.65 percent stake in Uniper

  • June 11, 2018

    Aggrenox MDL Nears End As Drug Cos. Reach Final Deal

    Teva Pharmaceutical and Boehringer Ingelheim on Monday announced a settlement with the last remaining party accusing them of entering into an illegal pay-for-delay agreement to keep a generic version of the stroke prevention medicine Aggrenox off the market, paving the way for the multidistrict litigation in Connecticut federal court to close out.

  • June 11, 2018

    Qualcomm Hit By Class Suit Over Sunk $117B Broadcom Deal

    Qualcomm Inc. was hit Friday with a proposed shareholder class action in California federal court over Broadcom Ltd.'s thwarted $117 billion bid to take over its rival, alleging the chipmaker’s executives artificially pumped up share prices while “secretly” taking steps to kill the deal.

  • June 11, 2018

    Eagle Wins Orphan Drug Status In Row With FDA

    A D.C. federal judge came down on the side of Eagle Pharmaceuticals Inc. on Friday, ordering the U.S. Food and Drug Administration to grant orphan drug exclusivity to the company's chemotherapy drug Bendeka.

  • June 11, 2018

    Samsung Wants Huawei's Bid For US FRAND License Axed

    Samsung Electronics Co. Ltd. urged a California federal judge Friday to reject a request by Chinese smartphone maker Huawei to set a licensing rate for its cellular network patents in the United States, arguing that Huawei made the request too late in litigation and that it would severely hurt Samsung.

  • June 11, 2018

    Uber Can’t Arbitrate Claims It Tricked Lyft Drivers

    A California state appeals court on Friday affirmed a lower court’s decision to deny Uber’s bid to arbitrate claims it used fake Lyft accounts to hurt competition, finding that claims brought by a Lyft driver are unaffected by a separate agreement he signed as an Uber driver.

  • June 11, 2018

    S. African Miner Asks Watchdog To Step In To Merger Row

    Engineering and mining contractor Murray & Roberts Holdings Ltd. has asked a South African competition tribunal to intervene in the shareholder vote for an alternative to Aton GmbH's $400 million takeover bid, the German investment company said Friday.

  • June 11, 2018

    Panel Centralizes Zetia Antitrust MDL In Va.

    The judicial panel overseeing multiple suits accusing Merck & Co. Inc. of conspiring with generic-drug makers to delay the entry of rivals to its cholesterol drug Zetia have centralized the cases in Virginia. 

  • June 11, 2018

    Justices Won't Take Up MLB Antitrust Exemption Challenges

    The U.S. Supreme Court on Monday said it will not hear a wage suppression case brought by scouts against Major League Baseball or litigation over a contract dispute between Wrigley Field-area rooftop owners and the Chicago Cubs, deciding not to review the league's oft-criticized antitrust exemption.

  • June 11, 2018

    Telecoms Float Solution To $3.3B FCC Spectrum Credit Row

    Two telecom companies denied some $3.3 billion in credits for spectrum licenses reserved for small businesses have urged the Federal Communications Commission to take another look at their request, arguing their revised operating agreements create more space from DISH Network Corp.

  • June 11, 2018

    11th Circ. Won't Rethink Delta, AirTran Bag-Fee Ruling

    The full Eleventh Circuit on Friday refused to revisit a recent decision rejecting class claims that Delta and AirTran Airways colluded to institute a first-checked baggage fee, allowing its original decision to stand.

  • June 11, 2018

    Euribor Traders' Rigging Denials 'Absurd,' Prosecutor Says

    Former Barclays traders and a Deutsche Bank trader fighting Euribor rigging charges “each played a significant role” in an alleged plot to manipulate interest rates, a prosecutor told a London jury on Monday as he dismissed as “absurd" the bankers’ claims they thought it was normal business practice.

  • June 8, 2018

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

    The last week has seen dozens of eyewear retailers sue Visa and MasterCard, UBS look to seize property from beleaguered Indian beverage magnate Vijay Mallya and insurer HDI Global take action against Maersk. Here, Law360 looks at those and other new claims in the U.K.

  • June 8, 2018

    FTC Expert Disputes Marine Cos.' Cost Claims In Merger Row

    An expert witness for the Federal Trade Commission in its effort to block a marine goods merger said Friday in D.C. federal court that consumer benefits touted by the companies from the proposed transaction are either unverifiable or not relevant to the deal.

  • June 8, 2018

    FTC Taps New Inspector General From Commerce

    The Federal Trade Commission said Friday that it has replaced its retired inspector general with a staffer from the U.S. Department of Commerce who has extensive audit experience from several governmental agencies.

  • June 8, 2018

    Deals Rumor Mill: Comcast, Dialog, Linde-Praxair

    Europe’s antitrust watchdog will reportedly give Comcast’s deal to buy Sky PLC its stamp of approval, Dialog Semiconductor is in negotiations with Synaptics, and Linde AG and Praxair Inc. narrowed the bidders for a trove of assets worth $4 billion.

  • June 8, 2018

    FTC Won't Pause La. Real Estate Board Case For Appeal

    The Federal Trade Commission has denied a request from the Louisiana Real Estate Appraisers Board to pause an administrative proceeding challenging board regulations that control appraisal fees while it appeals to the Fifth Circuit an immunity bid that the commission rejected.

  • June 8, 2018

    2nd Circ. Scraps Auto Dealers' Carfax Report Monopoly Suit

    The Second Circuit has rejected an antitrust suit alleging Carfax Inc.’s exclusive agreements with used car websites and car manufacturers suppressed competition for vehicle history reports, saying the used car dealer plaintiffs didn’t have enough evidence to back their claims, according to an order unsealed Friday.

  • June 8, 2018

    EU Raids Chemical Cos. In Cartel Investigation

    European Union antitrust authorities said Friday that they’d carried out “unannounced inspections” of an undisclosed number of chemical companies suspected of antitrust violations related to the pricing of a key chemical building block used in a variety of products.

  • June 8, 2018

    MP Says PRA Needs Power To Promote Local Finance

    The U.K. should hand new powers to the Prudential Regulation Authority to boost the competitiveness of London’s financial and insurance firms and offset Brexit risks, a senior lawmaker has told Law360.

Expert Analysis

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • Opinion

    Why The 'New Brandeis Movement' Gets Antitrust Wrong

    Joseph Coniglio

    In presenting the core tenets of the “New Brandeis movement,” a recent article in the Journal of European Competition Law & Practice exposes a flawed understanding of the relation between anti-monopoly and American democracy, confirms concerns that this movement heralds a return to “big is bad,” and misconstrues the Chicago School’s intellectual foundations, says Joseph Coniglio of Wilson Sonsini Goodrich & Rosati PC.

  • The Puzzle Of Enforcing Class Action Bars Post-Shady Grove

    Daniel Fong

    It's been eight years since the U.S. Supreme Court’s ruling in Shady Grove Orthopedic Associates v. Allstate Insurance, but courts continue to wrestle with whether state statutory class action bars are enforceable in federal court, say Daniel Fong and Robert Guite of Sheppard Mullin Richter & Hampton LLP.

  • How States, Federal Agencies Are Challenging Drug Prices

    Tom Bulleit

    High prescription drug prices are increasingly a focal point in the discussion of U.S. health care spending. While there is little consensus in Congress, there has been considerable recent activity in the federal executive branch and in state legislatures, say Tom Bulleit and Rebecca Williams of Ropes & Gray LLP.

  • Can A Single FTC Commissioner Constitute A Quorum?

    Stephen Calkins

    With Federal Trade Commissioner Terrell McSweeny resigning soon, acting Chairman Maureen Ohlhausen could become the sole commissioner. The FTC seems to think it can act by a 1-0 vote, but this may be unlawful and is certainly unwise, say Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Avoiding Pitfalls In Physician Practice Acquisitions

    Excerpt from Lexis Practice Advisor
    William Eck

    The past few years have seen a resurgence in the acquisition of physician practices, both by hospitals and by private equity firms. However, acquiring a physician group carries special challenges in view of the heavy regulation of the health care provider industry, says William Eck of Seyfarth Shaw LLP.

  • Opinion

    The Flawed European Remedy To Bayer-Monsanto Deal

    Allen Grunes

    It is a safe bet that the U.S. Department of Justice is poised to sign on to the European agreement on Bayer’s acquisition of rival Monsanto, perhaps with a few tweaks. Even so, the Bayer-Monsanto transaction is likely to harm U.S. farmers, say Allen Grunes and Maurice Stucke, founders of The Konkurrenz Group.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 3

    Eric Weiss

    In the final article of their series on the American Bar Association’s 66th Antitrust Law Spring Meeting, attorneys with Perkins Coie LLP offer key takeaways from some of the sessions on consumer protection.