Competition

  • February 9, 2017

    Ex-Rabobank Trader, Libor Suit Witness Seeks Time Served

    A former Rabobank trader who admitted to taking part in a scheme to fix Libor rates asked a New York federal court on Wednesday to sentence him to time served, arguing he should avoid further jail time after bolstering the government’s case against other traders as a witness.

  • February 9, 2017

    Ex-DC Judge Named Special Master In Airline Price-Fix MDL

    The D.C. federal court Thursday appointed a retired judge as special master to oversee discovery in multidistrict litigation alleging American Airlines, Southwest Airlines, Delta and United colluded to limit domestic flight capacity and hike prices.

  • February 9, 2017

    Traders Say 2nd Circ. Order Supports Their Oil Price Claim

    A group of derivatives traders accusing two Royal Dutch Shell PLC affiliates of market manipulation told a New York federal judge on Wednesday that a recent Second Circuit order supports their arguments that they had substantiated their case sufficiently to overcome a motion to dismiss.

  • February 9, 2017

    Feds Fight DirecTV Dismissal Bid Over Dodgers Info-Sharing

    The U.S. Department of Justice pushed back in California federal court Wednesday against a bid by DirecTV and AT&T to dodge an antitrust suit over carriage of the Los Angeles Dodgers' official broadcast partner, saying prosecutors had adequately alleged that they exchanged sensitive information on negotiations with rivals.

  • February 8, 2017

    Judge Says Immig. Ban Delays UK Trip for Bailed HSBC Exec

    A New York federal judge said on Wednesday he was holding off allowing a senior HSBC Holdings PLC executive accused of running a currency manipulation scheme involving a $3.5 billion foreign exchange transaction to return to England to await trial because the United Kingdom may eventually join the countries subject to the president’s immigration ban.

  • February 8, 2017

    What To Watch As FTC Opens New Front On Generic Delays

    The Federal Trade Commission’s first-of-its-kind lawsuit alleging abuse of the U.S. Food and Drug Administration’s citizen petition process will shed light on when drugmaker efforts to delay generic competition cross a blurry line between free speech and obstruction, experts say.

  • February 8, 2017

    Matsuo, Exec Plead Guilty In DOJ Capacitor Price-Fix Suit

    Matsuo Electric Co. Ltd. and one of its executives have admitted to their roles in a conspiracy to fix prices for circuit board components known as electrolytic capacitors, marking the first time an individual has pled guilty in the ongoing antitrust investigation, federal prosecutors said Wednesday.

  • February 8, 2017

    Calif. Property Investors Ask For New Bid-Rigging Trial

    Three real estate investors convicted for their role in a scheme to rig bids at public foreclosure auctions asked a California federal judge Wednesday for a new trial, saying pretrial motions had limited their defense and prosecutors had flouted instructions not to refer to homeowners or banks as “victims.”

  • February 8, 2017

    Songwriters Say DOJ Must Face Antitrust Licensing Pact Suit

    Songwriters who sued the U.S. Department of Justice over the agency’s recent changes to the decades-old antitrust consent agreements that govern how American music is licensed urged a D.C. federal court on Tuesday to keep their suit alive.

  • February 8, 2017

    CenturyLink, Level 3 Tout Public Benefits In $34B Tie-Up

    CenturyLink and Level 3 Communications hit back Tuesday at public comments submitted to the Federal Communications Commission questioning the public interest benefits in their proposed $34 billion merger, saying the deal will enhance competition in the enterprise services market without causing harm.

  • February 8, 2017

    Senate OKs Sessions As Trump's Attorney General

    Sen. Jeff Sessions, R-Ala., will serve as the next U.S. attorney general after Senate Republicans voted through President Donald Trump's pick for the nation's top prosecutor on Wednesday despite weeks of Democratic opposition.

  • February 8, 2017

    $54B Anthem-Cigna Merger Spiked By Judge

    A District of Columbia federal judge on Wednesday forbade health insurance giants Anthem and Cigna from proceeding with a proposed $54 billion combination, agreeing with the government that the industry's largest-ever merger would create an unlawful concentration of market power.

  • February 8, 2017

    FTC, Valeant See Eye-To-Eye On Paragon Divestiture

    The U.S. Federal Trade Commission signed off on a settlement with Valeant Pharmaceuticals International Inc. over its 2015 purchase of a contact lens manufacturer, finding on Wednesday that the Canadian pharmaceutical company’s divestiture remedied the agency’s claims.

  • February 8, 2017

    US Intervenes In Blood Pressure Drug Antitrust Suit

    A New York federal judge on Wednesday granted the U.S. government’s request to intervene in a proposed class action alleging that drugmakers conspired to substantially jack up the price of generic blood pressure medication propranolol, after the U.S. said the case could interfere with a criminal investigation.

  • February 8, 2017

    Teva Sub Says It Should Also Be Cut From FTC Androgel Suit

    Teva subsidiary Actavis Holdco Inc. told a Georgia federal court Tuesday the government's dismissal of Par Pharmaceuticals Inc. supports its own bid to exit a lawsuit by the U.S. Federal Trade Commission alleging pharmaceutical companies illegally conspired to delay generic competition for AndroGel.

  • February 8, 2017

    Pharma Rep Avoids Prison For Lying To Feds Over Kickbacks

    A former sales representative for two pharmaceutical companies was sentenced to community confinement and house arrest on Wednesday for lying to federal investigators who were looking into kickbacks to health care providers and patient privacy violations.

  • February 8, 2017

    15 Arrested In South Korean GM Jobs-For-Cash Probe

    Dozens of union officials and executives at General Motors Co.'s South Korean unit have been charged in connection with an alleged scheme to take bribes in exchange for supply contracts and jobs, with 15 people having been arrested, prosecutors said.

  • February 8, 2017

    Medtronic Bone Mill Antitrust Suit Barred, 10th Circ. Says

    The Tenth Circuit on Tuesday affirmed a win by Medtronic Inc. in a suit by Lenox MacLaren Surgical Corp. accusing the company of abusing a surgical bone mill supply contract to monopolize the market for the devices, saying Lenox had already sued a related company over the allegations.

  • February 8, 2017

    1st Circ. To Size Up Antitrust Shield In Enoxaparin Row

    The First Circuit on Thursday will consider whether a lower court correctly held that drugmaker Momenta was immune from a suit from rival Amphastar over a generic anticoagulant in a case that could redefine the limits of a decades-old doctrine shielding free speech from antitrust claims.

  • February 8, 2017

    Dow, DuPont Offer Concessions To EU For Planned Merger

    Chemical giants DuPont and The Dow Chemical Co. submitted proposed remedies to competition regulators in Europe on Tuesday for their planned $130 billion merger, offering to sell a portion of Dow’s acid copolymers and ionomers business and a portion of DuPont's crop protection business.

Expert Analysis

  • 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

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    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.

  • A Record FCPA Year For Pharma

    Melissa L. Jampol

    Teva's Foreign Corrupt Practices Act settlement last month — the largest-ever FCPA resolution involving a pharmaceutical company — was the capstone to a year of many significant FCPA settlements and resolutions with drug companies. This year, it is likely that enforcement will change given the new administration, say Melissa Jampol and Elena Quattrone of Epstein Becker & Green PC.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • What To Expect From China’s Anti-Monopoly Law This Year

    Huang Wei

    In 2016, the development of China’s Anti-Monopoly Law was fruitful in all respects, including guideline drafting, public enforcement and litigation. We have nine predictions for 2017, say Huang Wei and Rebecca Yin of Tian Yuan Law Firm.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Future FCC Leadership Could Mean Big Changes For TCPA

    David N. Anthony

    Litigation involving the Telephone Consumer Protection Act has become one of the leading types of consumer lawsuits in the U.S. However, the election of Donald Trump as president may prove to be a watershed moment for the TCPA, with the Federal Communications Commission's leadership switching to a majority of Republican appointees including a sharp critic of the FCC’s past handling of the TCPA, say attorneys at Troutman Sanders LLP.

  • Top 8 ITC Developments Of 2016

    David Scannell

    Looking ahead, it seems likely that the U.S. International Trade Commission will designate more cases for early disposition under the 100-day program, as the program gained increased popularity and visibility in 2016, say David Scannell and Daniel Muino of Morrison & Foerster LLP.