Competition

  • March 6, 2017

    11th Circ. Won’t Revive Conspiracy Suit Against Ex-Employer

    The Eleventh Circuit on Friday said that a restaurant linens salesman who alleged his former employer conspired to shut his new company out of the market and got him fired didn’t have standing to file an antitrust suit.

  • March 6, 2017

    Express Scripts Says Contracts Prevent Pharmacies' Suit

    Express Scripts Inc. has asked a Missouri federal judge to permanently end a lawsuit brought by six independent pharmacies, saying that contracts between the two sides prove that it owns the patient prescription information it allegedly used to steal the pharmacies’ customers.

  • March 6, 2017

    Justices Won't Tackle FERC's Ban On First-Refusal Rights

    The U.S. Supreme Court declined Monday to take up a challenge to the federal government’s assertion that federal rights of first refusal giving incumbent power transmission owners first crack at building new projects aren’t subject to legal protection because they’re collusive and anti-competitive.

  • March 6, 2017

    Pharmacy Targets Heritage, Mylan, Others Over Drug Prices

    Heritage Pharmaceuticals Inc., Allergan PLC, Mylan Inc. and several other drug companies were hit in Pennsylvania federal court with yet another potential class action alleging they rigged the prices of generic versions of the antibiotic doxycycline and heart medication digoxin.

  • March 6, 2017

    Deutsche Bank Set To Face Forex Rigging Suits In Europe

    A law firm steering a class action against Deutsche Bank AG in the U.S. over allegedly rigged foreign exchange trades said Monday it plans to file similar suits in Europe — and has already secured 40 parties that intend to make claims against the bank.

  • March 6, 2017

    Law360 Competition Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2017 Competition editorial advisory board.

  • March 6, 2017

    Ex-Barclays Libor Traders Lacked Training, Jury Told

    Lawyers for two former Barclays PLC traders charged with rigging the London Interbank Offered Rate told jurors at a London court on Monday that their clients acted in a way that was "so routine" at the bank they couldn’t have known it was wrong.

  • March 6, 2017

    CMA To Speed Up Market Probes After Deadline Failures

    The U.K.’s competition regulator announced plans on Monday to dramatically accelerate its market investigation procedures after twice struggling to meet the government’s more rigorous timetable in probes of the banking and energy industries.

  • March 3, 2017

    US Steel, Others Beat Indirect Buyers' Price-Fixing Suit

    Major steel producers including U.S. Steel and ArcelorMittal SA escaped antitrust claims from indirect purchasers alleging a price-fixing conspiracy in Illinois federal court on Friday, just weeks after the court finalized a $30 million settlement between three other defendant companies and their direct purchasers.

  • March 3, 2017

    MLS Kicks Off Season As Top US League Despite Challenges

    Major League Soccer kicked off its 22nd season on Friday, but its position in the top tier has been contested by two second-division leagues, raising antitrust concerns that are unique to the U.S. Soccer Federation and may not easily be resolved within the current structure, experts say.

  • March 3, 2017

    Consumers Seek Certification In Contact Lens Antitrust MDL

    Consumers in multidistrict litigation accusing major contact lens makers of conspiring to block price competition told a federal judge Friday that class certification is as proper now as it was in a similar MDL settled by the same defendants in 2001.

  • March 3, 2017

    Del. Justices Uphold Chancery Ax Of Qualcomm Antitrust Suit

    The Delaware Supreme Court on Friday upheld a Chancery Court decision from August that threw out claims saying Qualcomm Inc.'s board had faulty controls and ignored serious "red flags" that led to $2 billion worth of international regulatory actions and antitrust lawsuits.

  • March 3, 2017

    Sabre Blasts US Airways’ Bid To Expand $15M Antitrust Win

    Trip-planning giant Sabre slammed US Airways’ request for a declaratory ruling on top of its $15 million antitrust damages win, telling a New York federal court Friday the airline is simply rehashing a long-rejected claim in order to get a leg up in upcoming contract negotiations.

  • March 3, 2017

    Fox Stations Ask FCC To Allow NY Post Co-Ownership

    Fox Television Stations LLC has asked the Federal Communications Commission to allow the continued combined ownership of New York and New Jersey TV stations alongside the New York Post despite a local ownership limit, saying the FCC’s new leadership supports nixing the rule.

  • March 3, 2017

    Rural Group Urges FCC To Undo Charter-TWC Build Proviso

    NTCA -The Rural Broadband Association has asked the Federal Communications Commission to nix a condition in the approved Charter Communications Inc.-Time Warner Cable Inc. merger that forces build-out to some already-served areas, warning of wasting resources.

  • March 3, 2017

    High Court Asked To Clarify Biz Speech Antitrust Liability

    Several groups have asked the U.S. Supreme Court for guidance on whether false commercial speech is subject to antitrust scrutiny, supporting a syringe company’s bid to have the high court revive a $340 million award for antitrust damages against a rival.

  • March 3, 2017

    GSK Won't Produce Docs In Merck Antitrust Suit, Buyers Say

    The purchasers suing Merck & Co. Inc. for allegedly lying about the efficacy of its mumps inoculation in order to keep competitors from bringing their own versions of the vaccine told a Pennsylvania federal judge Thursday that GlaxoSmithKline, a third party in the suit, is not cooperating with discovery requests.

  • March 3, 2017

    UK Regulators Likely To Probe Fox's $14.4B Sky Takeover

    The U.K. government will likely investigate 21st Century Fox Inc.’s $14.4 billion takeover of Sky PLC to determine if the deal is in the public interest, after the companies filed for antitrust clearance for the deal with the European Union, a U.K. official said on Friday.

  • March 3, 2017

    UK Accuses Actavis Of Inking Deals To Prop Up Drug Prices

    The U.K.’s antitrust regulator on Friday alleged that Actavis signed illegal agreements with a rival to forestall competition and allow the drugmaker to sustain excessive pricing for hydrocortisone tablets charged to the National Health System.

  • March 3, 2017

    LSE Still Working Hard For Deutsche Börse Merger Approval

    The London Stock Exchange Group PLC is still pursuing approval for its planned £24 billion ($30.1 billion) merger with Deutsche Börse AG, with European regulators to decide on suggested revisions by April 3, LSE chief executive Xavier Rolet said Friday.

Expert Analysis

  • FCPA Expectations Under President Trump

    Roderick L. Thomas

    We are on the lookout for three signs that the Trump administration will enact changes in Foreign Corrupt Practices Act enforcement, say Roderick Thomas and Colin Cloherty of Wiley Rein LLP.

  • A Return To Republican Antitrust Policies For Pharma

    Seth Silber

    We expect the change in pharmaceutical antitrust enforcement from the Obama administration to the Trump administration will most likely resemble that of the Bush administration vis-a-vis the Clinton administration — a continued focus on enforcing antitrust laws, but a decrease in volume in exchange for enhanced attention on specific regulatory objectives, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • 10 Antitrust Trends And Developments To Watch This Year

    Howard Morse

    President Donald Trump’s competition policies are sure to top the headlines in 2017. We can expect renewed focus on the SMARTER Act, continued attention to the pharmaceutical industry, and hurdles for foreign investment in the U.S., say attorneys with Cooley LLP.

  • 1st Circ. Affirms Narrow Scope Of Federal Criminal Statutes

    Joshua S. Levy

    The First Circuit's decision last month in U.S. v. Tavares unexpectedly added real teeth to the “in furtherance of” requirement of the mail and wire fraud statutes, say Joshua Levy and Daniel Fine of Ropes & Gray LLP.

  • Competition In Music Licensing — DOJ Has More To Do

    Thomas M. Lenard

    The U.S. Department of Justice’s position on music licensing will — and is intended to — reinforce the current system of collective licensing of performance rights. Permitting partial withdrawal while also requiring full-work licensing would be a more pro-competitive policy, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • DOJ Narrows Paths To Immunity For Antitrust Crimes

    Elizabeth Prewitt

    The U.S. Department of Justice Antitrust Division’s leniency program is unique — no other DOJ component offers similar nonprosecution protections for corporations or individuals. Therefore, new guidance released this week limiting pathways to leniency could be seen as part of the outgoing Obama administration’s desire to render this program less of an outlier, say attorneys with Hughes Hubbard & Reed LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.