It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.
Sinclair Broadcast Group Inc. pleaded with FCC Chairman Ajit Pai to postpone sending its proposed acquisition of Tribune Media Co. to an administrative law judge, saying the agency blindsided it with the suggestion that Sinclair had not been candid about three planned divestitures, emails released Monday show.
The holding company for the Chicago Board Options Exchange was hit with another proposed antitrust class action Monday over alleged manipulation of the exchange's volatility index, with a trading firm accusing the CBOE in Illinois federal court of looking the other way as a group of financial firms stoked uncertainty among other investors.
The U.S. Department of Justice has requested additional information about a planned $11 billion merger between rail products and services firm Wabtec Corp. and General Electric Co.’s transportation unit, according to financial disclosures released Tuesday.
A veteran antitrust enforcer with a background prosecuting complex, international price-fixing schemes has left the U.S. Department of Justice to join Winston & Strawn LLP, the firm announced recently.
Investors who bought a bankrupt Minnesota iron ore mine last year lost their right to about a third of the company's original mining area late Monday, under a Delaware bankruptcy court ruling that the company’s hold ended with a missed Chapter 11 plan deadline.
The U.K. government outlined plans Tuesday to strengthen its ability to review foreign investments for national security concerns, making it the latest country to seek to curb inbound deals targeting sensitive industries like technology.
T-Mobile is lobbying the Federal Communications Commission for assurances that its proposed merger with Sprint won’t keep it from bidding in wireless spectrum auctions under agency rules prohibiting joint-bidding arrangements between companies, according to an ex parte filing Monday.
Amadeus IT Group SA has agreed to settle a putative antitrust class action accusing it of colluding with other ticket distribution giants to negotiate advantageous contracts with major airlines that triggered higher airfares, according to a Monday filing in New York federal court.
Six-figure student debt is fast becoming the norm for newly minted attorneys, a reality that's taking a toll on everything from job hunting to psychological well-being.
An upcoming forum aimed at galvanizing biosimilar sales will seek fresh ideas for thwarting anti-competitive practices and streamlining approvals, the U.S. Food and Drug Administration said Tuesday.
European Union antitrust authorities on Tuesday announced roughly $130 million in combined fines spread across four electronics manufacturers based in Taiwan, Japan and the Netherlands accused of forbidding their online retailers from offering wares below specific prices.
The U.K. will remain bound by the European Union's laws and regulatory framework until the Brexit transition period elapses at the end of 2020, according to the proposed EU Withdrawal Agreement published by the government on Tuesday.
Britain's payments regulator opened a wide-ranging investigation Tuesday into the country's £691 billion ($907 billion) card industry amid signs of limited competition, including digging into why European Union rules capping interchange fees haven't led to savings for all merchants.
Indirect purchasers urged a Pennsylvania federal court on Friday to grant final approval to a $1.25 million settlement with a trio of manufacturers in long-running multidistrict litigation over price-fixing allegations centering on domestic drywall, just months after the court initially refused to give preliminary approval to the same deal.
Wilhelmsen Maritime Services AS said that it has abandoned its planned purchase of Drew Marine Group Inc. after the Federal Trade Commission won a preliminary injunction from a D.C. federal court preventing the $400 million deal from moving ahead.
The Federal Trade Commission said in Pennsylvania federal court that it will be asking the Third Circuit to revive nixed parts of an antitrust lawsuit against AbbVie Inc. and its partner even after the agency won a $448 million penalty against the drugmakers, plus interest, over alleged sham AndroGel patent lawsuits.
Smartphone consumers continued their push in California federal court to block Qualcomm’s attempt to force Apple to only import iPhones with Qualcomm's chipsets, pointing out in a recent multidistrict antitrust litigation filing that the chipmaker’s own experts have conceded that such a move would hurt competition and innovation.
Long hours. Financial stress. Unpredictable clients. These lawyers say they've found their calling.
European Union antitrust authorities said Monday they have opened “an in-depth investigation” into potential anti-competitive harms posed by the more-than-$5 billion merger between the world’s largest suppliers of a key data encryption tool through France-based Thales’ planned purchase of Netherlands-based Gemalto.
Crowley Maritime Corp. can’t use new documents to reopen a $2.5 million insurance claim that was denied years ago for the legal bills of an executive accused of antitrust violations, an AIG unit told the Eleventh Circuit on Friday, urging the appeals court to affirm a lower court’s ruling.
The Serious Fraud Office has landed another mixed result in its prosecution of several former Barclays and Deutsche Bank traders for manipulating Euribor, the latest in the white collar specialist's latest effort to hold individuals accountable for rigging key benchmark interest rates. Here, Law360 looks at the highlights of the SFO's long-running campaign.
A D.C. federal judge has rejected the U.S. Department of Justice’s arguments that AT&T’s planned purchase of Time Warner would hurt competition and drive up consumer costs, dealing a major blow to the government’s first court challenge of a vertical merger in decades. Here, Law360 looks at how we got here, the key issues and highlights of the case.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
"Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.
Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.
The anticipated legalization of sports betting in over 20 states is expected to add billions of dollars to U.S. gambling revenue. At the same time, mergers and acquisitions in the industry have attracted the Federal Trade Commission's attention, and questions regarding the economics of gambling must be addressed, says Roland Eisenhuth of Epsilon Economics LLC.
As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.
The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.
Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.
Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.
The releases of highly effective, highly priced drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. The Federal Circuit's decision this month in AIDS Healthcare Foundation v. Gilead demonstrates how choosing the wrong venue for your patent challenge can doom it before it even starts, says Nicholas Landau of Bradley Arant Boult Cummings LLP.
Four challenges often arise in modeling wages for pay discrimination cases, and modeling wages across multiple firms in a no-poaching context further complicates matters, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.