Competition

  • April 10, 2017

    BOE Vows To Release Libor Docs After SFO Cases Wrap

    The Bank of England said Monday that it will publish material relating to investigations into the manipulation of a key global interest rate benchmark once it is able, after a secret recording reportedly emerged that allegedly implicates the central bank in the Libor rigging scandal.

  • April 7, 2017

    Taxation With Representation: Cravath, Jones Day, Weil, Paul

    In this week’s Taxation With Representation, British American Tobacco and Qualcomm Inc. cleared regulatory hurdles for acquisitions valued at $49 billion and $37.7 billion, respectively, and 7-Eleven inked a deal to pick up a portfolio of stores from Sunoco LP for $3.3 billion.

  • April 7, 2017

    BCBS Fires Back At Reconsideration Bid In Antitrust MDL

    Blue Cross Blue Shield of Alabama fought back Thursday after subscribers suing it for price-fixing sought to undo a federal judge’s ruling that trimmed their claims against the insurer, saying the subscribers were just rehashing arguments that had already been rejected in the ruling itself. 

  • April 7, 2017

    Samsung Must Face Antitrust Claim In WiLAN Patent Case

    A federal judge has rejected Samsung's bid to dismiss antitrust allegations that it funds "sham" infringement litigation by a unit of major patent licensing firm WiLAN against Kingston Technology Co. Inc. and others that threaten Samsung's dominant position in the computer chip market.

  • April 7, 2017

    JPML Sends Generic Drug Price-Fixing Suits To Pennsylvania

    The Judicial Panel on Multidistrict Litigation on Thursday said the Eastern District of Pennsylvania is the best place to consolidate lawsuits accusing Mylan, Sandoz Inc. and other pharmaceutical companies of fixing prices on generic drugs, and expanded the case to include eight products instead of only two.

  • April 7, 2017

    German Electricity Reserve Plans Spark EU State Aid Probe

    The European Commission said on Friday it has begun investigating whether Germany’s plans to create an electricity capacity reserve violate the EU’s state aid rules, expressing concern that the plan would hamper competition and doubts that it is even necessary.

  • April 7, 2017

    Costco Rivals Denied Class Status In 5-Hour Energy Suit

    A California federal magistrate judge refused Friday to certify a class of wholesalers claiming the maker of 5-Hour Energy drinks gave Costco illegal price breaks, saying price discrimination suits are not the best candidates for class actions.

  • April 7, 2017

    Teva, Others Must Face Blood Pressure Drug Antitrust Suit

    Teva, Mylan, Heritage Pharmaceuticals and other generic-drug manufacturers can't dodge antitrust claims accusing them of conspiring to massively increase the price of propranolol hydrochloride, a generic blood pressure medication, a New York federal judge said Thursday.

  • April 7, 2017

    Illegal Wiretaps Taint Foreclosure Bid-Rig Evidence, Court Told

    Five men charged with rigging foreclosure auctions asked a California federal court Thursday to suppress all evidence the U.S. Department of Justice collected after conducting wiretaps later found to be unconstitutional, saying the illegal recordings were intertwined with the rest of the investigation.

  • April 7, 2017

    Ex-UBS Trader Hayes To Cite Latest Libor Trial For Appeal

    Former Citigroup Inc. and UBS AG banker Tom Hayes, the first trader to be convicted for rigging a key global interest rate benchmark, plans to argue that developments in a separate trial support his case for an appeal, his lawyer said Friday.

  • April 7, 2017

    Murdoch's Fox Gets EU OK To Buy Sky As UK Review Lingers

    The European Union’s competition authority on Friday cleared 21st Century Fox Inc.’s $14.4 billion takeover of Sky plc without conditions, saying it did not foresee any antitrust concerns arising from the transaction in Europe.

  • April 6, 2017

    McDermott Nabs Litigation Partner In Dallas From DLA Piper

    McDermott Will & Emery continues to grow its global litigation practice group with the hiring of a former DLA Piper managing partner who has extensive experience handling complex commercial disputes with an emphasis in recent years on antitrust work and healthcare and life sciences companies.

  • April 6, 2017

    Qualcomm Antitrust Suits Consolidated Without Apple

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday consolidated more than two dozen antitrust lawsuits in the Northern District of California that allege Qualcomm fixed the price of microchips used in cellphones, but left Apple Inc.’s antitrust suit against the company in the Southern District to avoid complications.

  • April 6, 2017

    Ex-Soccer Brass Rip RICO Overreach In FIFA Bribery Case

    The five remaining former soccer officials headed for a fall trial over the U.S. Department of Justice's FIFA corruption charges on Thursday asked a Brooklyn federal judge to sever their cases from one another, citing a spillover risk and criticizing the government's use of the Racketeer Influenced and Corrupt Organizations Act.

  • April 6, 2017

    Celebrex Buyers Seek Class Cert. In Pfizer Antitrust Suit

    Purchasers of popular painkiller Celebrex on Wednesday asked a Virginia federal court to certify as a class action its suit against Pfizer accusing the drug giant of using fraudulent patents to delay generic-drug competition and maintain supracompetitive prices for the drug.

  • April 6, 2017

    Asus Likely To Face Via’s Claim It Stole USB IP At Trial

    A California federal judge told Via Technologies Inc. on Thursday that she’s inclined to let it go to trial with allegations rival chipmaker Asustek Computer Inc. stole its valuable intellectual property covering USB 3.0 technology, saying during a hearing that a jury should decide if Via waited too long to file suit.

  • April 6, 2017

    Rep. Floats Bill To Boost Broadcast Ownership Diversity

    Rep. G.K. Butterfield, D-N.C., has introduced a bill at the Federal Communications Commission, seeking to aid new minority- and women-owned broadcast stations with several changes to increase the diversity of broadcast station ownership.

  • April 6, 2017

    Blue Cross Unit Not Covered In Antitrust MDL, Insurer Says

    Allied World asked a Hawaii federal court Wednesday to declare that the insurer need not cover the state’s Blue Cross plan for damages in an antitrust multidistrict litigation, saying this is not the first time the plan has faced claims of colluding to maximize profits.

  • April 6, 2017

    Mylan, Sandoz, Taro Accused Of Fixing OCD Drug Price

    Mylan Inc., Sandoz Inc. and Taro Pharmaceuticals USA Inc. conspired to fix the price of generic clomipramine hydrochloride, a medication used to treat obsessive compulsive disorder, the Philadelphia Federation of Teachers Health and Welfare Fund alleged in a proposed class action Thursday in Pennsylvania federal court.

  • April 6, 2017

    Doctors Lose 11th Circ. Appeal To Join BCBS Antitrust Suit

    The Eleventh Circuit on Wednesday agreed with a Florida federal court that three doctors can’t join an antitrust class action against Blue Cross and Blue Shield of Alabama because they gave up their right to do so when settling a racketeering suit with similar claims against the insurer in 2007.

Expert Analysis

  • A Deeper Dive Into Merger Remedies

    Steven A. Tenn

    A recent Federal Trade Commission study concludes that merger remedies generally have been successful, with “failures” representing only 17 percent of the 50 remedy orders considered. Interpreting this finding requires an understanding of the methodology used in the FTC’s study, and its benefits and limitations, says Steven Tenn, a former FTC economist now with Charles River Associates.

  • Debating Anti-Rebate And Inducement Laws In Washington

    Shawn Hanson

    Last month, the Washington state Senate introduced a bill that would amend its anti-rebate and inducement laws to allow insurers to offer free goods and services. Supporters argue that Washington is the only state in the country to force consumers to pay for technology that is free everywhere else, while opponents have expressed concern for fair competition, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Individual Defense In The Shadow Of Corporate Guilty Pleas

    Jessica K. Nall

    Corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But whether their corporate employer pleads guilty or pursues an alternative resolution, there are other factors at play that can make a bigger difference to the eventual outcome for individuals, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Preparing For DOJ's International Investigations

    Lara Kroop Delamarre

    It is not unreasonable to fear a possible investigation by the U.S. Department of Justice regardless of the nationality, location or business of a company or individual. The DOJ not only has the determination and resources to pursue white collar cases worldwide, but it has the benefit of increasing international cooperation, says Lara Kroop Delamarre of Cohen & Gresser LLP.

  • Bank M&A Lessons From 2016 Regulatory Approvals

    Robert C. Azarow

    A review of last year's regulatory orders approving bank mergers reveals common themes. For example, compliance history remained an essential element of the regulatory analysis for buyers of all sizes, and fair lending was one of the hottest compliance issues in connection with the merger approval process, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • FERC Could See Substantial Changes Under President Trump

    John Estes.jpg

    The Federal Energy Regulatory Commission oversees electric utilities and gas pipelines that account for about 4 percent of the U.S. gross national product. So the impact of FERC policy shifts can be significant. Under the Trump administration, FERC could revisit its stances on market manipulation, net metering and other key issues, say John Estes III and Timothy Mastrogiacomo of Skadden Arps Slate Meagher & Flom LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.