Competition

  • August 30, 2017

    DC Circ. Ends 3rd-Party Candidates' Antitrust Suit

    A D.C. Circuit panel has upheld the dismissal of a lawsuit filed by third-party presidential candidates Gary Johnson and Jill Stein against the Commission on Presidential Debates and the major political parties, ruling Tuesday that the pair's exclusion from the 2012 presidential debates constituted neither an antitrust violation nor an affront to their First Amendment rights.

  • August 30, 2017

    Simpson Thacher Lures Ex-DOJ Atty From Allen & Overy

    A former co-chair of Allen & Overy LLP's competition practice who brokered a settlement for BNP Paribas in a $2 billion antitrust probe and previously worked in the Department of Justice’s Antitrust Division has joined Simpson Thacher & Bartlett LLP.

  • August 30, 2017

    Apotex Cleared To Intervene In Eagle's Orphan Drug Suit

    Apotex Inc. has the right to intervene in a suit Eagle Pharmaceuticals Inc. is bringing against the FDA regarding a cancer treatment Eagle claims should have been given orphan drug exclusivity, as the fate of Apotex's in-process generic is directly affected by the litigation, a D.C. federal judge said Wednesday.

  • August 30, 2017

    Mars To Shed 12 Vet Clinics In FTC Deal Over $9.1B VCA Buy

    Mars Inc. has agreed to sell off 12 specialty and emergency veterinary clinics to assuage Federal Trade Commission concerns that its $9.1 billion bid to buy pet care company VCA Inc. would be anti-competitive, the agency announced Wednesday.

  • August 30, 2017

    DOJ Official Urges China To Promote Antitrust Transparency

    China’s status as a world leader means the country must have a key voice in promoting transparency and fairness in competition proceedings on a global scale, a top antitrust official with the U.S. Department of Justice said Wednesday.

  • August 30, 2017

    Major Canned-Tuna Producers Hit With More Price-Fix Suits

    A trio of new suits piled onto the country’s three biggest and long-beleaguered producers of canned tuna, alleging they colluded for more than a decade to raise prices and restrict supply in violation of federal antitrust laws.

  • August 29, 2017

    Rakoff Can Weigh Uber Rider Arbitration Info: 2nd Circ.

    A Second Circuit panel said Tuesday that U.S. District Judge Jed S. Rakoff could consider new information about how long Uber riders actually see the terms that bind them to arbitration, opening the door for the judge to take another crack at a practice he has called a "legal fiction."

  • August 29, 2017

    Qualcomm Drops 1 Of 6 Patents In ITC IPhone Import Probe

    Less than three weeks into an International Trade Commission investigation into Apple Inc., Qualcomm Inc. has dropped one of six patents it complains iPhones illegally incorporate from the probe.

  • August 29, 2017

    9th Circ. Enjoins Seattle's Uber, Lyft Union Law

    Two Ninth Circuit judges Tuesday temporarily granted the U.S. Chamber of Commerce an emergency injunction blocking a Seattle ordinance allowing for-hire drivers at companies such as Uber and Lyft to unionize, as the court considers a motion to stay the case, pending an appeal of a district court order dismissing the suit.

  • August 29, 2017

    Hitachi, Toshiba, Others Get Final OK On $49M Antitrust Deal

    A California federal judge said Tuesday she’ll approve a $49.85 million deal resolving class claims by direct lithium-ion battery purchasers that Hitachi, Panasonic, Toshiba and NEC colluded to fix battery prices, commending the parties for reaching a settlement and ending the 4-year-old litigation.

  • August 29, 2017

    VW Hit With Stock-Drop Suit Over Antitrust Claims

    A proposed class of investors in Volkswagen AG has accused it of covering up possible collusion with other carmakers and causing VW's stock price to trade at inflated levels, according to a suit filed Tuesday in New York federal court.

  • August 29, 2017

    Google Sends EU Plan To Comply With Search Bias Decision

    Google Inc. has told European Union antitrust enforcers how it plans to comply with a recent landmark decision finding the search giant had favored its own comparison shopping service over rivals, both sides confirmed Tuesday.

  • August 29, 2017

    3rd Circ. Ruling Doesn’t Help Intuniv Buyers, Actavis Says

    A recent decision by the Third Circuit reviving a pay-for-delay suit over Effexor XR has no bearing on litigation by purchasers of Intuniv alleging Actavis LLC and Shire LLC made an illegal agreement to delay generic competition for the attention deficit hyperactivity disorder medication, Actavis said Tuesday.

  • August 29, 2017

    Valero Terminal Deal Won't Be Halted Before Trial

    A California federal judge was skeptical of oil giant Valero's claims that its purchase of storage terminals in the Bay Area won’t hurt competition but declined to grant California’s request for a preliminary injunction to stop the acquisition, saying no damage would be done prior to trial.

  • August 29, 2017

    DOJ Antitrust Charges Against Heir-Tracker Co. Dismissed

    A Utah federal judge on Monday threw out the U.S. Department of Justice’s criminal case against an heir-tracker company in the state, saying it was too late to bring the charges over an alleged agreement with another firm to apportion customers.

  • August 28, 2017

    Provigil Buyers Lose Cert. In Pay-For-Delay Suit

    A Pennsylvania federal judge denied certification Monday for purchasers who say Ranbaxy Laboratories Ltd. inked pay-for-delay deals with Provigil maker Cephalon, ruing that a proposed class of about two dozen does not satisfy numerosity requirements.

  • August 28, 2017

    Songwriters Ask 2nd Circ. To Uphold Fractional Licensing

    A songwriters association has urged the Second Circuit to uphold a New York federal court’s finding that a new interpretation of World War II-era antitrust consent decrees does not force Broadcast Music Inc. to change the way it licenses artists’ works.

  • August 28, 2017

    Cardtronics' $460M DirectCash Buy Gets Early Nod In UK

    Texas-based Cardtronics Inc.'s $460 million acquisition of DirectCash Payments Inc. scored provisional approval from the U.K.'s antitrust watchdog on Friday, following an in-depth review into whether the tie-up of the nonbank ATM operators would spur higher surcharges.

  • August 28, 2017

    UNC Med School Forgoes No-Hires To Settle Antitrust Suit

    The University of North Carolina School of Medicine has agreed to a prohibition on no-hire arrangements to settle antitrust claims by a Duke University School of Medicine instructor, according to documents filed Friday in North Carolina federal court.

  • August 28, 2017

    Consumers Seek J&J Docs In Contact Lens Antitrust MDL

    Consumers pursuing multidistrict litigation against major contact lens makers for allegedly blocking price competition asked a Florida federal court Friday to order Johnson & Johnson Vision Care Inc. to produce certain documents they think the company has improperly withheld as privileged.

Expert Analysis

  • 2nd Circ. Libor Ruling Helps Subjects In Int'l Investigations

    Gregory O’Connell

    The Second Circuit's Allen decision Wednesday tilts the scales toward subjects and targets in multinational investigations. U.S. prosecutors could be forced to get involved in international investigations earlier than they might like, say Gregory O’Connell and Peter Sluka of De Feis O’Connell & Rose PC.

  • The ‘Failing Firm’ Defense: Pointers From A Blocked Deal

    Danyll Foix

    The recently blocked merger between EnergySolutions and Waste Control Specialists not only confirms that exclusive negotiation, or “no talk,” terms in transactions can thwart antitrust defenses like the “failing firm” defense, but also illustrates how parties may implement these terms without creating antitrust problems, says Danyll Foix of BakerHostetler.

  • Sherman Act Is An Unconstitutional Criminal Statute: Part 2

    Robert Connolly

    What passed constitutional muster when the Sherman Act was a misdemeanor merits another look now that the statute carries a maximum jail time of 10 years. I have a proposal to fix the criminal element of the Sherman Act, says Robert Connolly of GeyerGorey LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • The CFIUS Calculus Has Changed — In More Ways Than One

    Stephen Heifetz

    Recent unwritten changes to the Committee on Foreign Investment in the United States, made in the name of national security, may undermine the committee's original purpose, says Stephen Heifetz, a partner with Steptoe & Johnson LLP who previously served as the Department of Homeland Security’s CFIUS representative.

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Sherman Act Is An Unconstitutional Criminal Statute: Part 1

    Robert Connolly

    It is well accepted that per se violations of the Sherman Act can be prosecuted criminally — an individual can be sentenced to up to 10 years in prison. But is the accepted learning on this issue wrong? I think I’ve found my way to the Sherman Act being unconstitutional as a criminal statute, says Robert Connolly of GeyerGorey LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Proposal To Remedy Horizontal Shareholding Is Flawed

    Elaine Buckberg

    Several recent studies claim to show that competition is adversely affected when institutional investors hold significant shares in multiple firms within a “concentrated” industry. Following on this research, Eric Posner, Fiona Scott Morton and E. Glen Weyl have proposed a remedy that is a costly and disruptive way to change asset manager behavior, say members of The Brattle Group Inc.