Competition

  • January 3, 2017

    Boehringer, Sanofi Close Deal As FTC Orders Divestitures

    German pharmaceutical company Boehringer Ingelheim GmbH and French pharmaceutical company Sanofi SA on Monday announced that they have closed their €23 billion ($25.2 billion) asset swap, days after the Federal Trade Commission ordered Boehringer to divest five of its animal health products to fix competition problems with the deal.

  • January 3, 2017

    Korea Fines Qualcomm $854M For Strings-Attached Licensing

    Qualcomm Inc. must pay an $854 million fine for forcing mobile phone makers to pay royalties on broad patents covering modem chipsets and for tying licensing agreements to chip supply numbers, the Korea Fair Trade Commission has ruled.

  • January 3, 2017

    Abbott To Wrap Up $25B St. Jude Buy With FTC's Approval

    U.S.-based global health care giant Abbott Laboratories is set to close its $25 billion cash-and-stock acquisition of St. Jude Medical Inc. on Wednesday now that it has agreed to divest two medical device businesses to settle Federal Trade Commission competition concerns.

  • January 3, 2017

    FTC Wants Endo's Challenge To Its Litigation Power Nixed

    The U.S. Federal Trade Commission has asked a Pennsylvania federal court to dismiss a suit by Endo Pharmaceuticals Inc. seeking a ruling on the agency's authority to file lawsuits over behavior that occurred in the past, saying several courts have rejected similar attempts to hamper the FTC’s power.

  • January 3, 2017

    LSE Sells French Clearing Unit In Bid To Win Merger Approval

    The London Stock Exchange Group Plc announced Tuesday it agreed to sell the French subsidiary of its securities clearing business for €510 million ($531 million) to rival Euronext NV, in a move designed to allay regulators’ antitrust concerns over the firm’s proposed mega-merger with Deutsche Börse AG.

  • January 2, 2017

    Life Sciences Cases To Watch In 2017

    Life sciences litigators are closely watching several cases that promise to clarify a range of issues, from the approval process for biosimilars to what's considered anti-competitive behavior and where patent infringement cases may be filed — as well as what constitutes infringement. Here's a look at some of the highest-profile cases on deck for 2017.

  • January 2, 2017

    5 Big UK Financial Services Cases To Watch In 2017

    For the U.K. financial services industry, this year may very well mark the point that the five-year cloud cast by the benchmark-rate rigging scandal begins to disperse. But as Britain’s banks finally look to move on from a crisis that resulted in jail time and billions of dollars in fines, they face the new shadow cast by the country’s looming exit from the European Union.

  • January 2, 2017

    Illinois Cases To Watch In 2017

    Illinois garnered national attention for several cases before Prairie State federal judges in 2016, but 2017 promises several rulings that bring the impact closer to home.

  • January 2, 2017

    Transportation Cases To Watch In 2017

    Railroads’ appellate challenge to the Surface Transportation Board’s new on-time performance rule and worker misclassification suits targeting commercial truckers, delivery giants and ride-hailing companies are among the court battles transportation lawyers will keep a close eye on in 2017. Here's a breakdown of some of the high-profile cases they will be tracking closely.

  • January 2, 2017

    Merger Reviews To Watch In 2017

    After eight years of the Obama administration's tough approach to merger review, some of 2016's biggest transactions now await approval as the antitrust agencies are set to transition to new leadership under President-elect Donald Trump. Here's a look at the merger reviews and challenges to watch.

  • December 22, 2016

    Feds Push Through Record FCPA Week With Teva Case

    The U.S. government has closed out a record year in Foreign Corrupt Practices Act enforcement, following Wednesday’s massive Odebrecht deal with a huge FCPA penalty against Teva, the largest ever against a pharmaceutical company, and experts said the spate of cases this week is no coincidence as officials look to secure their legacies.

  • December 22, 2016

    Mushroom Buyers Button Up Class Cert. In Price-Fixing MDL

    A Pennsylvania federal judge has granted class certification to a group of mushroom purchasers who accuse growers and sellers of the fungi of a price-fixing conspiracy, according to an opinion unsealed Thursday in the long-running multidistrict litigation.

  • December 22, 2016

    Rural Broadband Group Urges Caution In Next-Gen TV Rollout

    A trade group representing rural pay-TV providers urged the Federal Communications Commission Wednesday to take a cautious approach as it mulls new rules to advance “Next Generation” TV broadcasting, requesting the commission issue a notice of inquiry prior to any rulemaking.

  • December 22, 2016

    Merger Will Cut Costs, Boost Quality, Anthem Expert Says

    After combining with Cigna Corp. in a $54 billion merger, Anthem Inc. will be able to reduce medical costs and offer enrollees more attractive health insurance products, Anthem’s expert economist argued in D.C. federal court Thursday, defending the industry’s largest-ever tie-up from the Department of Justice’s antitrust challenge.

  • December 22, 2016

    Technicolor Settles CRT Price-Fixing Suit With Sears, Kmart

    Technicolor SA has reached a settlement with Sears and Kmart in a lawsuit in multidistrict litigation in California federal court alleging that it and other manufacturers participated in a conspiracy to fix the price of cathode ray tubes used in television sets and computer monitors, according to court documents.

  • December 22, 2016

    Tenet Board Faces Shareholder Suit Over $513M FCA Case

    A pension system shareholder in Tenet Healthcare Corp. has claimed in a Texas state court derivative suit that Tenet’s board members shirked their fiduciary duties by not stopping a kickback scheme that led to a $513 million False Claims Act settlement.

  • December 22, 2016

    Bio-Rad Can't Block Ex-GC's Evidence In Retaliation Trial

    A California federal judge has rejected Bio-Rad Laboratories Inc.'s bid to block its former general counsel's evidence as privileged information in the attorney's lawsuit claiming the company fired him for raising concerns about its Foreign Corrupt Practices Act compliance in China, saying whistleblower laws permit the disclosures.

  • December 22, 2016

    9 Blue Cross Plans Lose Bids To Escape Antitrust MDL

    An Alabama federal judge on Wednesday smacked down efforts by Blue Cross Blue Shield plans to escape multidistrict litigation alleging a vast price-fixing conspiracy, finding that the insurers have sufficient business ties to the geographic area in question.

  • December 22, 2016

    ITC Will Take Another Look At US Steel's Antitrust Claims

    The U.S. International Trade Commission has decided to review an administrative law judge’s decision to toss the antitrust component of United States Steel Corp.’s sweeping Section 337 case against Chinese steel producers.

  • December 22, 2016

    Property Co. Eyes Appeal In Landmark RBS Libor Swap Case

    Counsel for Property Alliance Group confirmed Thursday it is considering whether to appeal after losing its landmark, £30 million ($37 million) suit in London’s High Court against Royal Bank of Scotland PLC for misselling interest rate swaps between 2004 and 2008.

Expert Analysis

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • Merger Control Update: It Ain't Over Till It's Over

    James W. Lowe

    Two recent enforcement actions — Valeant in the U.S. and Altice in France — are reminders that there are antitrust risks to be addressed after the deal is signed and even after it has closed, say attorneys with WilmerHale.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Beyond Bean Counting: How Legal Can Add True Value

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    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • FTC Study On Patent Assertion Entities Is Incomplete

    Justin Daniels

    The Federal Trade Commission said the purpose of its study on the activities of patent assertion entities in the U.S. was to examine their impact on innovation and competition. But unfortunately this important goal was not even close to achieved, says Justin Daniels of Burford Capital LLC.

  • Post-Election Thoughts On Antitrust

    Pete Levitas

    President-elect Donald Trump has not outlined a formal antitrust policy agenda. However, the announcement that former Federal Trade Commissioner Joshua Wright will be leading the transition team effort for the FTC suggests that the administration may be at least considering a more traditional Republican approach to antitrust, says Pete Levitas of Arnold & Porter LLP.

  • A Quick Guide To Depositions In Japan

    Lauren Randell

    The primary reason depositions in Japan can be more complicated than elsewhere is that depositions for use in U.S. litigation can only be taken in three conference rooms in the entire country, says Lauren Randell of BuckleySandler LLP.

  • OPINION: The US Supreme Court In 2017

    James Brosnahan

    The ideologue’s main problem is believing in conformity of thought. They will now search for true believers, but fortunately very few judges harbor the dark, conservative uniformity desired. If they do find one, the Senate will not confirm, says James Brosnahan, a senior trial counsel with Morrison & Foerster LLP.

  • FTC's Unusual Settlement For Minn. Physician-Practice Merger

    Danyll W. Foix

    The Federal Trade Commission’s proposed settlement of its challenge of CentraCare Health’s acquisition of St. Cloud Medical Group is premised on a unique combination of the acquirer’s promise to give financial assistance to potential new entrants and the reliance on the “failing firm” defense that infrequently is accepted by government enforcers, says Danyll Foix of BakerHostetler.

  • A Primer On The Presidential Appointee Vetting Process

    Robert K. Kelner

    With the election over, the process of selecting individuals to fill the next administration’s key appointed positions is quickly shifting into high gear. For those who are called to serve in such positions, the process entails extensive vetting of professional credentials and a host of personal background check issues, say attorneys with Covington & Burling LLP.