Competition

  • July 10, 2017

    US Merger Investigations Continue To Drag On, Study Finds

    Significant merger enforcement investigations in the U.S. continued their recent trend of taking longer to reach an end, increasing to an average of more than one year, while enforcement activity dropped off slightly in the first half of 2017, according to a report released Monday.

  • July 10, 2017

    News Cos. Want Antitrust Pass To Confront Google, Facebook

    A trade association representing news organizations such as The New York Times, the Washington Post and the Wall Street Journal on Monday asked Congress to grant an antitrust exemption to allow publishers to collectively negotiate with Google Inc. and Facebook Inc. over the display of online news content.

  • July 7, 2017

    FanDuel, DraftKings Can’t Send Merger Challenge To Boston

    A D.C. federal judge on Friday refused to transfer the Federal Trade Commission’s challenge of a proposed tie-up between DraftKings Inc. and FanDuel Inc., rejecting the daily fantasy sports operators’ arguments that it would be easier to send the spat to Boston.

  • July 7, 2017

    Broker Who Copped Plea In $131M Stock Scam Gets 1.5 Years

    A Florida stockbroker who pled guilty to securities fraud last year for helping pump up the value of LED lighting company ForceField Energy Inc. in a scam that allegedly cost investors $131 million was sentenced to 18 months in prison by a New York federal judge on Friday.

  • July 7, 2017

    Tough EU Benchmarking Rules To Test Compliance Teams

    British regulators are gearing up to implement a sweeping new European Union law designed to restore faith in financial benchmarks following multiple high-profile scandals, and attorneys say the untested regime will put compliance units under enormous pressure.

  • July 7, 2017

    Apotex, Ranbaxy End Pay-For-Delay Suit Over Narcolepsy Med

    A Pennsylvania federal judge on Friday ended Canadian pharmaceutical company Apotex’s pay-for-delay suit accusing generic-drug maker Ranbaxy of violating antitrust laws by accepting a settlement with Cephalon that improperly delayed generic alternatives to the narcolepsy medication Provigil from entry into the market.

  • July 7, 2017

    FMC Offers Antitrust Fixes In Aid Of DuPont-Dow Merger

    Chemical company FMC Corp. on Thursday offered the European Union antitrust fixes for its $1.6 billion asset swap with DuPont Co., addressing concerns about the deal after the EU and the United States cleared with conditions a $130 billion merger of DuPont and Dow Chemical Co. that hinges on the FMC-DuPont swap.

  • July 7, 2017

    Sen. Wants Info On Admin Meddling In AT&T-Time Warner Deal

    The top Democrat on the Senate panel that oversees antitrust matters demanded answers on Friday over a report that White House advisers have considered using the government’s review of AT&T’s proposed $85 billion acquisition of Time Warner to put pressure on administration adversary CNN.

  • July 7, 2017

    National Food, Indirect Buyers Settle In Egg Price-Fix MDL

    National Food Corp. and indirect purchasers on Thursday told a Pennsylvania federal court they had resolved allegations that the company participated in a price-fixing conspiracy among egg producers and asked that the claims be dismissed.

  • July 7, 2017

    9th Circ. Won’t Pause SolarCity Antitrust Ruling

    The Ninth Circuit on Thursday ruled that rooftop solar firm SolarCity Corp.’s antitrust lawsuit against an Arizona utility can move forward, rejecting the utility’s argument that the case should be paused as the utility appeals the denial of its state-action immunity to the U.S. Supreme Court.

  • July 7, 2017

    Antitrust Watchdog Drives Final Nail In ICE-Trayport Tie-Up

    The U.K.’s antitrust enforcer on Friday issued a final decision in demanding that Intercontinental Exchange Inc. unwind a commercial agreement it forged with a trading software subsidiary that the global exchange giant was ordered to sell off, saying the contract could impede the sale of the unit.

  • July 7, 2017

    The Biggest Competition Cases Of 2017 So Far

    In the first half of 2017, the U.S. Department of Justice continued its winning streak in merger challenges, circuit courts ruled in pay-for-delay cases, and the Ninth Circuit revived litigation accusing Apple of abuse of dominance. Here, Law360 reviews some of the biggest decisions in competition litigation so far this year.

  • July 7, 2017

    Marsh, Aon Among Brokers Targeted In EU Antitrust Probe

    Wright Insurance Brokers, Marsh Ltd. and Aon PLC all said on Friday that they have been visited in Ireland by European Commission officials investigating whether firms have breached competition rules.

  • July 6, 2017

    Qualcomm Lobs New Claims At Apple In IP Suit, ITC Action

    Qualcomm Inc. fired two shots Thursday in a war with Apple Inc. over the patents it says are crucial to the iPhone’s function, lodging a patent infringement suit in California federal court and vowing to follow up with a complaint at the U.S. International Trade Commission.

  • July 6, 2017

    Robins Kaplan Brings On Ex-Pearson Simon Antitrust Pro

    Robins Kaplan LLP has added a longtime antitrust pro in Silicon Valley from Pearson Simon & Warshaw LLP who’s built a career representing consumers, investors and college athletes in class actions and other high-stakes trials.

  • July 6, 2017

    US Gov't Seeks To Intervene In Apple's €13B EU Tax Case

    The U.S. government is planning on intervening in Apple Inc.'s lawsuit challenging an approximately €13 billion ($14.85 billion) tax bill in Ireland ordered by the European Union’s competition watchdog, a source familiar with the case said Thursday.

  • July 6, 2017

    EU Court Says €220M In French Aid To Shipper Was Illegal

    A European Union court on Thursday upheld a 2013 decision by the bloc’s antitrust watchdog finding that French shipping company Société Nationale Corse-Méditerrané owed €220 million to the French state because it received unlawful aid when the formerly state-run company privatized in 2006.

  • July 6, 2017

    EU Accuses GE, Others Of Filing Misleading Info On Mergers

    The European Commission sent complaints to General Electric, Canon and Germany's Merck on Thursday, accusing the companies of violating European merger rules by providing incorrect information or jumping the gun.

  • July 6, 2017

    Namenda Wholesalers Fire Back At Teva's Bid To DQ Expert

    Drug wholesalers denounced Teva Pharmaceuticals USA’s attempt to disqualify one of its former executives as an expert in their antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment, telling a New York federal judge Wednesday that nonparty Teva could provide no evidence its confidential information would be compromised.

  • July 6, 2017

    GSK Says Patent Deal Relevant To Abbott HIV Drug Suit

    GlaxoSmithKline told a North Carolina federal judge Wednesday that it should be allowed to argue in its lawsuit accusing Abbott Laboratories of violating a license agreement by raising the price of an HIV drug that Abbott undervalued some GSK patents in a reciprocal deal.

Expert Analysis

  • The Stakes Are High For Those Caught In No-Poach Probes

    Elizabeth Prewitt

    The U.S. Department of Justice is reportedly examining whether Barclays breached antitrust laws by agreeing not to hire JPMorgan Chase employees. Reports that no formal investigation has yet been launched will only go so far in comforting the banks and individuals involved, given the DOJ’s recently announced intent to pursue certain no-poaching agreements criminally, say attorneys with Hughes Hubbard & Reed LLP.

  • Roundup

    FERC At 40

    FERC_315x315.jpg

    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Antitrust And Misuse Considerations Following Lexmark

    James Kobak

    Since the U.S. Supreme Court's recent Lexmark decision held contractual limitations to be outside the scope of a patentee’s rights under the patent law, restrictions on sales of patented objects will be subject to unfair competition, antitrust and patent misuse law, says James Kobak, general counsel of Hughes Hubbard & Reed LLP.

  • Series

    FERC At 40: How It Became An Enforcement Agency

    David Applebaum

    Following the Western energy crisis of 2000-2001, the Federal Energy Regulatory Commission transformed itself into a robust enforcement agency. In the coming years, FERC has an opportunity to ensure that its important efforts to deter conduct in violation of federal law do not overregulate or unnecessarily increase market participants’ costs, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • What DOJ Investigation Means For Generic Drug Plaintiffs

    Jason Dubner

    Last month, over 80 named plaintiffs whose antitrust claims were consolidated in Philadelphia learned that discovery in their cases will be stayed until August pending a U.S. Department of Justice investigation into the generic pharmaceutical industry. Despite the delay, plaintiffs can use the next several months productively to strengthen their cases, say attorneys with Butler Rubin Saltarelli & Boyd and Adams Holcomb LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • What's New About Germany's Merger Control Regime

    Thomas Schürrle

    Recent changes to German merger control review should not result in dramatic changes because they merely expand the pre-existing thresholds. However, the amendment is an important step toward adapting the German competition law to the challenges of the digital economy, say attorneys with Debevoise & Plimpton LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • FCC And Congress May Reshape The Media Landscape

    Rebekah Goodheart

    In the near future, actions taken by Congress and the Federal Communications Commission are likely to pave the way for greater media consolidation without violating the commission's media ownership rules. As a result, the media landscape is likely to look different in a few years from now, say Rebekah Goodheart and Samuel Jacobson of Jenner & Block LLP.