Competition

  • February 8, 2017

    Honeywell Seeks Sanctions In Rival's Antitrust Suit

    Honeywell International Inc. urged a Pennsylvania federal judge on Tuesday to sanction a rival security products distributor in a price discrimination and breach of contract suit, saying the distributor misrepresented its president's health to delay litigation and he was recently spotted socializing at several area cigar bars.

  • February 8, 2017

    Groups Sue To Block Trump’s 2-For-1 Regulatory Order

    Public interest legal groups on Wednesday sued the Trump administration, alleging a January executive order mandating that executive agencies eliminate two regulations for every new one is “irrational” and puts public safety at risk by not considering any beneficial effects of new rules.

  • February 8, 2017

    2nd Circ. Revives Actos Antitrust Suit But Limits Scope

    The Second Circuit on Wednesday revived a proposed class action by purchasers of diabetes drug Actos accusing Takeda of delaying generic competition for the drug, saying they could pursue allegations that Takeda delayed Teva’s market entry but not that of other generics makers.

  • February 7, 2017

    Hitachi Sees 2 Subsidiaries Escape CRT Price-Fixing MDL

    Two subsidiaries of Hitachi Ltd. dodged claims in antitrust multidistrict litigation over cathode ray tubes when a California federal judge on Tuesday granted their motion for summary judgment, while Hitachi Electronic Devices will remain facing claims.

  • February 7, 2017

    Feds Call For Lighter Libor Sentence For Ex-Rabobank Trader

    Federal prosecutors on Tuesday asked for a lighter sentence for a former Rabobank trader who admitted to taking part in a scheme to fix Libor rates, saying the witness saved the government extradition expenses and bolstered its case against other traders.

  • February 7, 2017

    District Seeks Cert. In Barclays Energy Price-Fixing Suit

    A California irrigation district on Monday urged a New York federal judge to certify a proposed class action accusing Barclays PLC of manipulating western U.S. electricity prices, saying it's identified scores of potential plaintiffs harmed by the banking giant's anti-competitive activity.

  • February 7, 2017

    Maruyasu Tells 6th Circ. It's Beyond Reach Of DOJ Charges

    Japanese auto parts maker Maruyasu Industries Co. Ltd. asked the Sixth Circuit to vacate an Ohio federal court decision that found the company can be tried in the U.S. for criminal charges by the U.S. Department of Justice relating to bid-rigging in the market for auto parts.

  • February 7, 2017

    NuScience Fails To Show Atty. Malice In Trade Secrets Row

    A California state appellate court has rejected NuScience Corp.'s bid to revive the company's suit against an opposing lawyer in a trade secrets battle, affirming a lower court ruling that the nutritional supplement developer didn’t prove the attorney acted with malice when he said he intended to "destroy" the company.

  • February 7, 2017

    Public Got No Say In Exelon Utility Merger, DC Justices Told

    Washington, D.C., utility regulators botched their approval of Exelon Corp.'s $6.8 billion acquisition of Pepco Holdings Inc. by inexplicably backtracking on an initial rejection of the deal and bypassing previously negotiated ratepayer protections without giving the public a proper say, consumer advocates told the district's highest court Monday.

  • February 7, 2017

    Shire Unit Abused FDA Process With Most Filings Ever: FTC

    A unit of Shire PLC was hit with a suit Tuesday by the Federal Trade Commission accusing the company of clogging the approval pipeline for a generic version of its gastrointestinal infection treatment with a record number of filings that delayed approval by two years.

  • February 7, 2017

    Deutsche Boerse, LSE Offer Antitrust Concession To EU

    Deutsche Boerse AG and the London Stock Exchange Group PLC on Tuesday said that they would put forth LSE’s €510 million ($545.8 million) January sale of its French securities clearing business as a formal remedy to the European Commission’s antitrust concerns over the exchange operators’ proposed merger.

  • February 7, 2017

    DOJ Floats $55.48M Fine For Hitachi Over Shock Absorbers

    Japanese auto parts maker Hitachi Automotive Systems Ltd. should pay the U.S. a criminal fine of $55.48 million for manipulating the market for shock absorbers, the U.S. Department of Justice told an Ohio federal judge.

  • February 7, 2017

    Euribor 6 Plead Not Guilty To Fraud Charge

    Six former Deutsche Bank AG and Barclays PLC bankers on Tuesday pled not guilty in a London criminal court to rigging a key European interest rate benchmark, ahead of a trial scheduled for September.

  • February 6, 2017

    Calif. Investor Found Guilty In Foreclosure Bid-Rigging Case

    A California federal jury on Monday found a real estate investor guilty of rigging bids in public foreclosure auctions in a San Francisco-area county, nabbing another conviction for the government in a series of indictments over alleged conspiracies to decide in advance who would win the deals.

  • February 6, 2017

    Alere Calls Abbott's Chancery Bid For Info Unfounded

    Alere Inc. accused prospective merger partner Abbott Laboratories Inc. of making unjustified demands for reports on Alere business developments “as they happen," and asked Delaware’s Chancery Court late Friday to deny an Abbott bid for court intervention on the disclosures.

  • February 6, 2017

    FCC Asks DC Circ. To Pause AT&T Special Access Fight

    The Republican-led Federal Communications Commission requested Friday that the D.C. Circuit hold off on an AT&T challenge to an FCC finding last year that certain business data services tariff provisions were unlawful, saying new leadership needs time to consider the issue.

  • February 6, 2017

    UK Plans To Continue Antitrust Enforcement During Brexit

    Although the exact role of the U.K. Competition and Market Authority remains unclear post-Brexit, the regulator plans to continue to enforce and defend U.K. antitrust laws as the process unfolds, the acting CMA chief executive said during a speech in Miami on Saturday.

  • February 6, 2017

    Exterminator Swats Away Class Cert. Bid In Antitrust Suit

    Homeowners accusing Rollins Inc. exterminator unit HomeTeam of antitrust violations over a built-in pest management control system lost a bid for class certification on Friday when a California federal judge said they failed to accommodate the differences between the company’s markets across the country.

  • February 6, 2017

    Shipping Exec Shouldn't Get New Price-Fix Trial, 1st Circ. Told

    The U.S. has asked the First Circuit to not allow a new trial for a shipping company executive sentenced to five years for his role in a Puerto Rico price-fixing scheme, saying government prosecutors did not withhold evidence in the case as he claims.

  • February 6, 2017

    Syringe Co. Asks Justices To Review $340M Antitrust Reversal

    Syringe maker Retractable Technologies Inc. has urged the U.S. Supreme Court to review the reversal of a $340 million award for antitrust and false advertising claims against rival Becton Dickinson & Co., saying false commercial speech is anti-competitive.

Expert Analysis

  • Pay-To-Play Lessons From This Week's SEC Settlements

    Charles Borden

    The U.S. Securities and Exchange Commission’s settlements with 10 investment advisory firms relating to violations of the SEC’s pay-to-play rule may be a preview of things to come. Although none of the 10 cases announced Tuesday involved a major penalty, the real economic cost of the violations is likely to be much higher, say attorneys with Allen & Overy LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • No Anti-Competitive Intent, No Treble Damages: A Proposal

    Veronica Lewis

    Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.

  • The Implications Of Insureds' Illegal Conduct

    Deepa T. Sutherland

    Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Why Anti-Corruption Due Diligence Is Important In M&A

    Video Thumbnail

    When acquiring and investing in companies, it is critical to evaluate and mitigate the risk of both previous and future violations of the Foreign Corrupt Practices Act. Mark Mendelsohn and Peter Jaffe of Paul Weiss Rifkind Wharton & Garrison LLP discuss unique challenges for investors and essential considerations for mergers and acquisitions.

  • The Outlook For Hart-Scott-Rodino Under President Trump

    Jack Sidorov

    With the arrival of the Trump administration and the domestic and foreign policy shifts that may ensue, few eyes have looked at what changes may lie ahead with regard to Hart-Scott-Rodino antitrust premerger notification law and policy. Yet there are two reasons to believe that significant changes may be in store, says Jack Sidorov of Lowenstein Sandler LLP.