The U.S. Supreme Court is set to hear oral arguments Monday in a case challenging anti-steering rules that American Express Co. imposes on merchants, and the antitrust bar will be keeping a close watch on how the justices approach the rule of reason, an important but underdeveloped tool for weighing competitive effects in antitrust cases.
The European Union's competition enforcer said Wednesday that it has cleared measures taken by six member states to shore up their supply of electricity after finding the schemes in-line with the bloc's state aid rules.
Democratic Commissioner Mignon Clyburn lashed out against the Federal Communications Commission's current approach to measuring and encouraging a competitive media environment on Wednesday, saying the FCC's competition policy "needs a makeover.”
The Third Circuit on Wednesday said it won’t reconsider its decision to let Louisiana sue GlaxoSmithKline for allegedly blocking a generic version of its nasal spray Flonase despite the state not actively opting out of a 2013 class action settlement.
The patent lawsuits filed by AbbVie Inc. and Besins Healthcare Inc. over generic testosterone replacement treatments were “anti-competitive weapons” used to delay competition for the brand-name drug AndroGel, an attorney for the Federal Trade Commission said Wednesday while opening the bench trial in the agency’s antitrust suit in Pennsylvania federal court.
The Federal Trade Commission has recommended Alaska repeal laws that require health care providers to seek state approval for expansion efforts, with agency staff telling the state Senate Tuesday the laws hurt competition.
President Donald Trump’s nominees to sit on the Federal Trade Commission told a Senate committee that, if confirmed, they would focus on assessing the agency’s merger review policy, high health care costs and new competition and consumer protection concerns arising from big data and advancing technology.
The U.S. Department of Justice told a Maryland federal judge Tuesday that it has tapped an independent compliance monitor for Norwegian shipping company Hoegh Autoliners AS, which was hit with a $21 million criminal fine last year for conspiring to fix prices for shipping cars and trucks.
Tesla told a Michigan federal judge Tuesday that the Michigan Automobile Dealers Association shouldn’t be allowed to hide evidence about its lobbying efforts supporting a 2014 state ban on car manufacturers selling vehicles directly to consumers, a law the electric car maker insists was an “anti-Tesla” amendment.
The widow of a former United Automobile Workers vice president pled guilty to filing false tax returns in Michigan federal court Tuesday, an offense stemming from $1.5 million in bribes her husband accepted from Fiat Chrysler during collective bargaining negotiations between the company and the union.
Boehringer Ingelheim and Teva Pharmaceutical urged a Connecticut federal judge Monday to ignore objections raised by Humana to a $54 million settlement reached with a proposed class of indirect Aggrenox buyers over allegations the drug companies blocked generic alternatives to the stroke-prevention medication from hitting the market.
The painter known as the “Art Bastard” hit the art establishment with a $100 million proposed class action Tuesday, accusing The Met and four other New York City museums of conspiring to artificially raise prices for some galleries’ work and restricting access to the market.
The European Commission on Tuesday signed off on Discovery Communications Inc.’s contested $14.6 billion buyout of Scripps Network Interactive Inc. after the media companies made concessions about a Polish TV channel to assuage antitrust concerns.
A group of consumers urged a California federal judge Tuesday to certify a class of iPhone buyers who allege Apple violated antitrust laws by locking them into voice and data plans with AT&T, while Apple countered that the consumers are “trying to bluff their way through class certification.”
The European Union's competition watchdog said Tuesday that it is opening an investigation into Apple Inc.'s planned purchase of music recognition service Shazam Entertainment Ltd., even though the transaction didn't reach the bloc's minimum thresholds, after several countries asked for the deal to be reviewed.
Cigna and others cannot challenge an arbitral decision forcing them to attend a hearing in a dispute over a $25 million class settlement's distribution because the arbitration is still happening, a health care providers group told the Eleventh Circuit on Monday.
Direct purchaser plaintiffs asked a Michigan federal judge Monday to reject KYB Corp.'s bid to toss or force into arbitration a complaint alleging KYB conspired with other manufacturers to fix prices on auto parts, specifically shock absorbers, saying they’re not parties to KYB’s limited warranty.
Automobile parts supplier Continental Automotive Electronics LLC has agreed to pay nearly $4 million to car buyers to settle antitrust claims related to a sprawling multidistrict litigation over an alleged auto parts price-fixing scheme, according to a proposed agreement filed in Michigan federal court on Monday.
The National Football League and the NFL Players Association on Monday filed motions to dismiss "frivolous" antitrust claims brought by a sports agent who was decertified for failing to meet a three-year signing rule, telling a Massachusetts federal court the rule stems from a collective bargaining agreement that is exempt from scrutiny.
A Morgan Lewis & Bockius LLP partner focused on antitrust and intellectual property matters has been tapped to fill a magistrate judgeship in the Northern District of California, the court said Monday, making him at least the third intellectual property litigator chosen for the Silicon Valley-area job in two years.
German drug and chemical maker Bayer AG on Friday sent Europe's antitrust enforcers a new set of commitments aimed at curing competitive concerns raised by its planned $63.5 billion buyout of U.S. agrochemical company Monsanto Co.
Last week, the Organization for Economic Cooperation and Development held a roundtable on extraterritorial remedies, including on global portfolio-wide remedies in antitrust patent licensing cases. Koren Wong-Ervin, director of IP and competition policy at Qualcomm Inc., reviews some of the public statements made by speakers at the off-the-record event.
The recent conviction of former HSBC foreign exchange executive Mark Johnson has shocked market participants and could lead to a reduction in liquidity for block trades in the foreign exchange and other over-the-counter markets, say members of The Brattle Group and AGN Advisory.
Federal Communications Commission Chairman Ajit Pai bills his recent net neutrality proposal as a “repeal” of the 2015 rules, but it really just imposes his own version of net neutrality through impenetrable and ultimately ineffectual disclosures that both harm providers and confuse users, says Doug Hass, general counsel at Lifeway Foods Inc.
Five competition-related authorities recently issued another “top-level design" for promoting implementation of China’s Fair Competition Review System, which should contribute to achieving the Chinese government's goals of regulating the activities of government agencies and maintaining fair competition in markets, say Shelley Zhang and David Goldstein of Orrick Herrington & Sutcliffe LLP.
In 2007, the VITA Standards Organization made history — and stirred up a lot of controversy — by adopting a patent policy that mandates “ex ante” royalty rate disclosures. I recently spoke to Ray Alderman, who conceived of and pushed the new policy through implementation, about the factors that have made the policy a success over the last 10 years, says Anne Layne-Farrar of Charles River Associates.
In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.
The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.
Given the potential of certain "anti-generics" strategies to stymie competition, antitrust scrutiny likely will only intensify. The ramifications for pharmaceutical companies, consumers, payors and sovereign entities could be significant as courts consider these burgeoning strategies, say Miriam Vishio and Nicholas Cheolas of Zelle LLP.
Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.
In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.