Competition

  • March 20, 2017

    UK Sets Brexit Start For March 29, Amid Fears Of Legal Void

    The U.K. government on Monday set March 29 as the day it will formally begin the process of leaving the European Union, as lawmakers warned that Britain's people and businesses face an uncertain legal future.

  • March 17, 2017

    Minebea To Pay $9.8M To Settle Bearings Antitrust Claims

    Japanese ball bearings maker Minebea Mitsumi Inc. will pay about $9.8 million to settle with a class of direct purchasers of small-sized bearings in a deal related to the massive auto parts antitrust multidistrict litigation, according to papers filed Friday in Michigan federal court.

  • March 17, 2017

    Class Member Appeals ‘Token’ $9.6M NJ Lien Bid-Rigging Deal

    A class member unhappy with a $9.6 million settlement of a settlement in a criminal New Jersey tax lien bid-rigging scandal filed an appeal in the Third Circuit on Wednesday, claiming the prediscovery deal represents a pittance in comparison to hundreds of millions in alleged damages.

  • March 17, 2017

    Health, Consumer Groups Back Anthem-Cigna Merger Block

    The American Hospital Association, the American Medical Association, health and antitrust policy experts, and consumer groups urged the D.C. Circuit to uphold a decision blocking the $54 billion Anthem-Cigna merger, arguing Friday that the deal would harm both health care providers and consumers.

  • March 17, 2017

    Allergan Defends 3-Month Exclusivity Deal For Namenda

    Pharmaceutical patent holders that sue generic-drug manufacturers for infringement and then shorten product exclusivity periods via settlements shouldn’t have to actually win those cases to maintain exclusivity, an Allergan unit told a New York federal judge Friday in a lawsuit over Alzheimer’s treatment Namenda.

  • March 17, 2017

    FTC Can't Dodge Ruling On Litigation Authority, Watson Says

    The U.S. Federal Trade Commission's attempt to do away with a suit challenging its authority to bring litigation in federal court is based on a misreading of the facts and should be disregarded, Watson Laboratories Inc. told a Pennsylvania federal court Thursday.

  • March 17, 2017

    IMS Health Settles Antitrust Coverage Suit With Zurich

    IMS Health Inc. on Friday settled a long-running Pennsylvania state court suit against Zurich American Insurance Co. over coverage against a rival pharmaceutical and health care data provider’s accusations of market monopolization.

  • March 17, 2017

    EU Renews $834M In Air Cargo Cartel Fines On 11 Carriers

    The European Union’s antitrust watchdog on Friday reinstated some €776 million ($834 million) in fines on 11 carriers it accuses of conspiring to fix prices on air cargo, after an EU court struck them down in 2015.

  • March 16, 2017

    Judge Sets Out Reasons For Barring Chicago Hospital Merger

    An Illinois federal judge on Thursday laid out his reasons for entering the injunction that killed a proposed merger between two Chicago healthcare systems last month, borrowing much of the Seventh Circuit’s analysis of the Federal Trade Commission's case to conclude that the combined systems would monopolize the city’s northern suburbs.

  • March 16, 2017

    Trump's Proposed DOJ Budget Could Cut Civil Rights Funding

    The Trump administration's Thursday proposal to cut the U.S. Department of Justice’s budget even as spending on immigration enforcement and other areas increases is another indication that the new administration will put less emphasis on civil rights, fair lending, antitrust and other areas, experts say.

  • March 16, 2017

    UK Authorities To Probe Fox's Latest $14B Sky Takeover Bid

    The British government on Thursday asked its telecommunications and competition authorities to weigh whether 21st Century Fox Inc.’s latest $14.4 billion bid to take over Sky PLC is in the public interest.

  • March 16, 2017

    EU Enforcer Takes Tough Line On Automated Price-Fixing

    The European Union's chief antitrust enforcer called Thursday for a crackdown on price-fixing rings run through automatic algorithms as the bloc unveiled a new system to allow whistleblowers to report cartels anonymously.

  • March 16, 2017

    Dean Foods Says Merger Conspiracy Claim Is A No-Go

    Dairy company Dean Foods Co. asked a Tennessee federal court Wednesday to stop a large milk retailer from pushing ahead with its claim that Dean Foods and Suiza Food Corp. conspired to violate antitrust laws when they merged in 2001.

  • March 16, 2017

    Warner Chilcott Wins Discovery In Loestrin Pay-For-Delay MDL

    A Rhode Island federal judge on Wednesday granted a discovery bid by Warner Chilcott PLC and others in multidistrict litigation over alleged pay-for-delay settlements for the contraceptive Loestrin, as they look to gather information from a group of pharmacy buyers to determine whether they were able to sell alternatives to Loestrin to patients.

  • March 16, 2017

    UK Orders Diebold To Cash Out ATM Biz To Clear $2B Merger

    Diebold Nixdorf Inc. said Thursday that it plans to divest its customer-operated ATM business in the U.K. as part of a bid to appease the country’s antitrust watchdog and gain approval for its $1.81 billion takeover of Wincor Nixdorf AG.

  • March 16, 2017

    Barclays Exec Concedes Traders Had Poor Libor Training

    A senior executive at Barclays PLC testified Thursday that there should have been more formalized training for the setting of Libor at the British bank amid questioning at the London trial of two former swaps traders charged with rigging the key interest rate.

  • March 16, 2017

    Female Lawyers Are Still Struggling To Land Lead MDL Roles

    While more and more female attorneys are shattering the glass ceiling and securing leadership posts in multidistrict litigation, the high-stakes, high-paying world of MDLs is still largely male-dominated, with only 16.5 percent of lead attorney roles going to women over the past five years, a new study shows.

  • March 15, 2017

    Japan Warns Deutsche Unit Over European Bond Trade Chats

    Japan's antitrust watchdog warned a Deutsche Bank unit on Wednesday that it had likely broken the law by exchanging sensitive information with a Citigroup unit about the trading of European government bonds.

  • March 15, 2017

    Union Hits Mylan With 2 Generic Drug Price-Fixing Suits

    A union representing New York grocery workers launched two separate proposed class actions in Pennsylvania federal court Wednesday accusing Mylan and other drugmakers of conspiring to raise the price on two generic asthma medicines.

  • March 15, 2017

    Mexico Finds Lack Of Competition In Rail Services Network

    A lack of competition between Grupo México and Kansas City Southern of Mexico has resulted in higher prices for freight rail and given the companies the means to fix prices and restrict access to their networks, Mexico’s antitrust regulator said Wednesday.

Expert Analysis

  • Demystifying International Extradition

    Amy Jeffress

    There were many high-profile news stories in 2016 about individuals fighting extradition to or from the United States. Given the complexity and sensitivity of the issues involved, extradition is time-consuming, often taking years. The process by which the U.S. evaluates hundreds of extradition requests each year may be unfamiliar to many practitioners, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Key Takeaways From FTC Merger Remedy Study

    Michael B. Bernstein

    Last week, the Federal Trade Commission released its first study on merger remedies in over 16 years. While the FTC views its overall approach as working well, the study also suggested that changes should be made and identified a number of best practices that FTC staff recommends, some of which are new, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • Discovery Rule Is Better Accrual Standard For Antitrust Claims

    Michael Christian

    Most courts consider the injury rule as the “general rule” of accrual in antitrust cases. But the discovery rule is beginning to gain some traction in district courts, and is the law in the Seventh Circuit. It has two major advantages over the injury rule — fairness and consistency, say Michael Christian and Eric Buetzow of Zelle LLP.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Trends To Watch In DOJ Cartel Investigations This Year

    Lauren E. Briggerman

    For the first time in almost a decade, the U.S. Department of Justice's Antitrust Division does not appear to have a significant, multijurisdictional investigation to occupy its time and resources. As a result, the Antitrust Division’s focus in 2017 likely will be on smaller, domestic investigations, says Lauren Briggerman of Miller & Chevalier Chtd.

  • A Closer Look At The Aetna-Humana Merger Loss

    Jeff Spigel

    U.S. District Judge John Bates' recent decision to block the proposed merger between Aetna and Humana is significant not just for the way he approached certain health care antitrust issues but also for his serious criticism of Aetna’s efforts to conceal certain evidence, say attorneys with King & Spalding LLP.

  • Hart-Scott-Rodino Considerations For 2017

    Alycia Ziarno

    Fiscal year 2016 ended with a record $12.85 million in civil penalties imposed for alleged violations of the Hart-Scott-Rodino Act, dwarfing the $3.8 million assessed the previous year. And companies and investors face the possibility of higher maximum civil penalties if they violate the HSR Act in FY 2017, say Alycia Ziarno and Brian Whittaker of Nixon Peabody LLP.

  • A New Tool For Obtaining Jurisdiction In New York Courts

    Stephen P. Younger

    In the past, a foreign bank’s use of correspondent bank accounts in the United States to facilitate wire transfers has not necessarily given New York courts a sufficient basis for jurisdiction over the bank. But the New York high court's recent decision in Rushaid v. Pictet & Cie may change that, say Stephen Younger and Sarah Ferguson of Patterson Belknap Webb & Tyler LLP.