Competition

  • June 27, 2017

    Express Scripts Defends Privilege Log In Antitrust Suit

    Express Scripts Inc. urged a Missouri federal judge Monday to reject HM Compounding Services LLC’s request that it waive privilege for 6,500 documents in an antitrust suit alleging the pharmacy benefit manager pushed compounding pharmacies out of the market.

  • June 27, 2017

    EU Fines Google A Record €2.4B Over Search Practices

    The European Union’s antitrust regulator on Tuesday imposed a record €2.4 billion ($2.7 billion) fine on Google over allegations that the tech giant violated the bloc’s antitrust laws by steering users toward its own comparison-shopping service in searches.

  • June 26, 2017

    9th Circ. Keeps MLB Antitrust Immunity, But Fight Continues

    Minor league baseball players struck out Monday in the Ninth Circuit with claims that Major League Baseball unlawfully colludes to restrict their pay, yet plaintiffs’ attorneys plan to fight on, possibly setting the stage for U.S. Supreme Court review of the sport's nearly century-old antitrust exemption.

  • June 26, 2017

    The Supreme Court Term By The Numbers

    Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.

  • June 26, 2017

    The Firms That Won Big At The Supreme Court

    One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.

  • June 26, 2017

    IP Cases Led The Pack In High Court Amicus Briefs

    Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.

  • June 26, 2017

    Customers Seek Early Win In AMR-US Airways Merger Dispute

    A group of travel agents and customers with long-running antitrust claims against American Airlines parent company AMR Corp. over its acquisition of US Airways asked a New York bankruptcy judge Friday to award them a pretrial judgment and unwind the airline tie-up based on U.S. Supreme Court precedent.

  • June 26, 2017

    Docs Win Class Cert. In Botox Price-Inflation Action

    A California federal judge on Monday certified a class of doctors accusing Allergan Inc. of inflating the price of Botox by inking an agreement with a Korean competitor that prevented it from bringing a rival product into the U.S.

  • June 26, 2017

    Couche-Tard Wins FTC OK On $4.4B CST Buy With Store Sales

    Canada’s retail and convenience store operator Alimentation Couche-Tard Inc. on Monday won approval from the Federal Trade Commission for its $4.4 billion plan to acquire CST Brands Inc. with an agreement to sell 70 stations in the U.S. to ease the agency’s antitrust concerns.

  • June 26, 2017

    The Biggest Telecom Cases So Far In 2017

    The focus for telecommunications so far this year has mostly been on the newly Republican-led Federal Communications Commission and not courtroom drama, but courts have also already made decisions related to net neutrality and the limits of FCC authority. Here are the top telecom cases so far in 2017.

  • June 26, 2017

    UK Won't Probe IBA-Mallinckrodt Deal Under Revised Rules

    The U.K.’s competition authority on Monday said that it won’t conduct an in-depth investigation of radiopharmaceuticals products maker IBA Molecular’s $690 million purchase of Irish drugmaker Mallinckrodt PLC’s nuclear imaging business, after finding the market too small under newly adopted rules.

  • June 26, 2017

    9th Circ. Stands Behind CAFA Ruling In Visa Antitrust Suit

    The Ninth Circuit on Friday said it would not reconsider its May decision in an antitrust suit against Visa finding that once a suit has been removed to federal court, a proposed class can’t change it to sidestep the Class Action Fairness Act and send it back to state court.

  • June 26, 2017

    Friendly Regs Make UK Top Fintech Adopter, EY Finds

    London is leading the developed world when it comes to consumer adoption of financial technology services, a survey by Ernst & Young revealed on Monday, with the supportive regulatory environment cited as the central factor.

  • June 26, 2017

    Plaintiffs Bar Perspective: Susman Godfrey's Matthew Berry

    Cases are typically decided based on a relatively small number of key issues. It is critical not only to identify those key issues at the outset of the case, but to also plot a strategy for getting them resolved in your favor, says Matthew Berry of Susman Godfrey LLP.

  • June 26, 2017

    9th Circ. Upholds Baseball Antitrust Exemption In Wage Suit

    The Ninth Circuit on Monday rejected a lawsuit by minor league baseball players alleging Major League Baseball colluded to fix minor leaguers’ wages, again upholding a nearly 100-year-old judicially created exemption for the business of baseball from antitrust scrutiny and handing the league a major win.

  • June 26, 2017

    High Court Wants SG's Take On Vitamin C Price-Fix Dispute

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on whether it should hear an appeal of a September Second Circuit decision that wiped out a $147 million judgment in an antitrust class action accusing two Chinese companies of fixing prices on vitamin C.

  • June 26, 2017

    EU OKs €4.8B State Aid To Wind Down 2 Failing Italian Banks

    The European Commission approved on Sunday plans by the Italian government to wind down two struggling banks which had been declared likely to fail after they repeatedly violated capital requirements.

  • June 23, 2017

    8th Circ. Changes Course, Revives Propane Antitrust Dispute

    On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.

  • June 23, 2017

    DOJ Must Show Heir-Tracker Co. Hurt Competition

    A Utah federal judge on Thursday found the government must prove a Utah company that tracks down lost and unknown heirs actually harmed competition with an alleged antitrust conspiracy to allocate customers within the industry.

  • June 23, 2017

    Brazil Antitrust Agency Probes Alleged Medical Supply Cartel

    Brazil's antitrust regulator on Thursday said it has launched two sets of administrative proceedings against several companies, individuals and industry associations for allegedly fixing prices of orthoses, prostheses and special medical supplies.

Expert Analysis

  • The Efficiencies Defense: What Would High Court Do?

    Joe Miller

    Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Merger Notification In China And The Statute Of Limitations

    Wei Huang

    There are two approaches to Chinese law regarding failure to declare concentration — one is that businesses will no longer face anti-monopoly risk after two years, and the other is that they could still face risk after two years. As seen in the recent Cummins case, China's Ministry of Commerce clearly prefers the latter, say attorneys with Tian Yuan Law Firm.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 2

    Enzo Marasà

    U.S.-based companies distributing their products online or setting up e-retail platforms in the EU must pay particular attention to how they select online distribution partners, as well as what type of sales restrictions they impose or agree to, if they want to avoid legal trouble, says Enzo Marasà of Portolano Cavallo.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 1

    Enzo Marasà

    U.S.-based manufacturers and retailers who want to sell in the EU face legal challenges in selecting and controlling their distribution networks, particularly with regard to online sales. All stakeholders must understand the restrictions imposed by Article 101 of the Treaty on the Functioning of the European Union, which prohibits anti-competitive agreements, says Enzo Marasà of Portolano Cavallo.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • Problems In Proposed Changes To Vietnam's Competition Law

    Koren Wong-Ervin

    There are troubling provisions in proposed amendments to the Competition Law of the Socialist Republic of Vietnam. The approach to abuse of dominance is contrary to the teachings from modern economics, says Koren Wong-Ervin, director of the Global Antitrust Institute at George Mason University.

  • Uber On The Brink

    Thomas Dickerson

    As the Second and Ninth Circuits will soon decide on the enforceability of Uber’s mandatory arbitration clauses and class action and class arbitration waivers in its driver contracts, and as its "Greyball" software is now the subject of a U.S. Department of Justice inquiry, the company's very existence may be at stake, says Thomas Dickerson of Herzfeld & Rubin PC.