Competition

  • February 7, 2018

    EU Clears Slew Of Electricity Schemes Under State Aid Rules

    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.

  • February 7, 2018

    Clyburn Calls Out FCC For Alleged Anti-Competitive Bent

    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.”

  • February 7, 2018

    3rd Circ. Denies GSK Rehearing Bid In Flonase Antitrust Suit

    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.

  • February 7, 2018

    AbbVie Filed Patent Suits To Delay Competition, Court Told

    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.

  • February 7, 2018

    FTC Again Urges Alaska To Nix Restrictive Health Care Laws

    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.

  • February 7, 2018

    FTC Nominees Focused On Mergers, Tech, Health Care

    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.

  • February 7, 2018

    DOJ Taps Compliance Monitor In Hoegh Price-Fixing Deal

    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.

  • February 7, 2018

    Tesla Demands Dealer Docs In Mich. Direct Auto Sales Fight

    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.

  • February 6, 2018

    Former UAW VP's Widow Admits To Tax Fraud In Chrysler Con

    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.

  • February 6, 2018

    Boehringer, Teva Fight Humana's Bid To Block Aggrenox Deal

    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.

  • February 6, 2018

    ‘Art Bastard’ Hits NYC Museums With $100M Antitrust Suit

    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.

  • February 6, 2018

    EU OKs $14.6B Discovery-Scripps Merger With Concessions

    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.

  • February 6, 2018

    IPhone Buyers 'Trying To Bluff' Through Cert. Bid, Apple Says

    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.”

  • February 6, 2018

    EU Opens Probe Into Apple's Purchase Of Shazam

    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.

  • February 6, 2018

    Docs Call Cigna's 11th Circ. Appeal Over $25M Deal Premature

    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.

  • February 6, 2018

    Buyers Fight Arbitration Bid In Auto Parts Price-Fixing MDL

    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.

  • February 6, 2018

    Auto Parts Co. Settles Car Buyers' Antitrust Claims For $4M

    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.

  • February 6, 2018

    NFL, Union Try To Nix Agent’s 'Frivolous' Antitrust Claims

    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.

  • February 5, 2018

    Morgan Lewis IP Partner Lands San Francisco Magistrate Job

    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.

  • February 5, 2018

    Bayer Offers Commitments To EU For $63.5B Monsanto Buy

    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.

Expert Analysis

  • Warnings Against Global Patent Licensing Remedies

    Koren Wong-Ervin

    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 Johnson Conviction And Fallout For Forex Market

    Paul Hinton

    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.

  • Opinion

    Leave The Never-Was-Neutral Net Alone

    Doug Hass

    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.

  • Putting China’s Fair Competition Review System Into Action

    Shelley Zhang

    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.

  • Ex Ante Rate Disclosure In Tech Standards, A Decade Later

    Anne Layne-Farrar

    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.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    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.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    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.

  • The Latest Trends In Drug Monopolies

    Miriam Vishio

    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.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    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.

  • And Now A Word From The Panel: 5 MDL Lessons

    Alan Rothman

    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.