Competition

  • May 5, 2017

    Anthem Appeals $54B Cigna Merger Case To Supreme Court

    In a last-ditch effort to save its troubled $54 billion merger with Cigna Corp., Anthem Inc. on Friday asked the U.S. Supreme Court to review a circuit court ruling siding with the government in its challenge to the deal.

  • May 4, 2017

    News Corp. Lobbies FCC To Lift Ownership Restrictions

    News Corp. has urged the Federal Communications Commission to reconsider a decision that kept in place rules barring companies from owning newspapers and broadcast stations in the same market, saying current media dynamics show the rules no longer “promote the public interest.”

  • May 4, 2017

    Home Depot’s Paint Price-Fixing Suit Needs Another Coat

    A California federal judge said during a hearing Thursday she’ll toss Home Depot’s lawsuit accusing DuPont and other chemical makers of fixing the price of a key paint ingredient, but said she would allow the retailer to amend its allegations to flesh out details of the alleged conspiracy and its purchases.

  • May 4, 2017

    Steptoe & Johnson Picks Up Former FCC GC

    Steptoe & Johnson LLP on Thursday said that a former general counsel of the Federal Communications Commission and deputy assistant attorney general for litigation in the U.S. Department of Justice’s Antitrust Division has joined the firm in its Washington, D.C., office.

  • May 4, 2017

    Aussie Antitrust Agency Questions Billboard Co. Merger

    The merger of the two largest billboard advertising companies in Australia hit a bump Thursday as the country’s competition authority said the transaction could substantially reduce competition in the market.

  • May 4, 2017

    Forest Blasts Bid For Namenda Patent Litigation Docs

    Forest Laboratories LLC on Wednesday shot back against a proposed class of drug wholesalers' attempt to get certain documents in an antitrust suit alleging the drugmaker blocked generic versions of its Alzheimer’s drug Namenda, saying the motion in New York federal court was “premature.”

  • May 4, 2017

    Ring.com Seeks Fast Trial In IP Battle With ADT

    Video doorbell and home connectivity venture Ring.com asked a Delaware vice chancellor late Wednesday to order an expedited trial, instead of a quick injunction hearing, on allegations that Ring wrongly acquired intellectual property and assets claimed by ADT Holdings Inc.

  • May 4, 2017

    EU Urged To Probe Gilead, Novartis, Roche, Aspen Pricing

    European and Italian consumer organizations Wednesday urged the European Commission to investigate whether Gilead, Novartis, Roche and Aspen, four drug companies that Italy and the U.S. have accused of anticompetitive practices, are ripping off the European Union.

  • May 4, 2017

    Amazon Settles Antitrust Case In EU With E-Book Fixes

    Amazon.com Inc. can no longer require electronic book publishers in Europe to offer the company terms that are as good as or better than those given to competitors under a decision adopted by the European Union’s antitrust regulator Thursday.

  • May 3, 2017

    Mylan Won't Appeal 3rd Circ. Loss On Doryx Generic

    Generic-drug maker Mylan Pharmaceuticals Inc. won’t be appealing the Third Circuit’s decision affirming a Pennsylvania federal court’s dismissal of the company's antitrust suit alleging Warner Chilcott restrained competition for acne medication Doryx, as the deadline for petitioning the U.S. Supreme Court has passed.

  • May 3, 2017

    Generic-Drug Makers Want 40-State Price-Fix Suit Dropped

    Six generic-drug makers accused of conspiring to fix the prices of an antibiotic and a diabetes medication have asked a Connecticut federal court to toss the suit now joined by 40 states, saying the complaint contains a multitude of legal flaws.

  • May 3, 2017

    Waymo Calls Uber's OttoMotto Buy A Tech-Theft Conspiracy

    Alphabet Inc. subsidiary Waymo asked a California federal judge Wednesday to block Uber from developing self-driving car technology, saying it conspired with a former Waymo engineer, agreeing to buy his company OttoMotto months before it was even formed — and before he left Waymo with 14,000 allegedly stolen documents in tow.

  • May 3, 2017

    ATM, Health Mergers Face In-Depth Probes In UK

    Universal Health Services’ £377 million ($485 million) purchase of the adult services division of Cambian Group will undergo an in-depth merger investigation, and Cardtronics’ purchase of rival ATM provider DirectCash Payments could likewise face phase 2 proceedings, the U.K.’s antitrust regulator said Wednesday.

  • May 3, 2017

    Wash., NM AGs Investigating Eli Lilly's Insulin Pricing

    The attorneys general of New Mexico and Washington are investigating the pricing of insulin made by Eli Lilly & Co. following a series of allegations that the drugmaker conspired with other pharmaceutical companies and pharmacy benefit managers to drive up prices, Lilly said in a securities filing Monday.

  • May 3, 2017

    Cumulus Moves Closer To Radio Ad Monopoly Suit Win

    An Oregon federal judge on Tuesday recommended throwing out remaining breach of contract and tort claims in a lawsuit by talk radio networks accusing Cumulus Media Inc. and others of monopolizing a national radio advertising bundling market, saying their latest complaint is nearly identical to previous versions.

  • May 3, 2017

    Lender, CME Trader Classes Seek Cert. In Rate-Rigging MDL

    Two proposed classes of U.S. lenders and of traders on the Chicago Mercantile Exchange have urged a New York federal judge for certification regarding an alleged conspiracy by big banks to rig the London Interbank Offered Rate.

  • May 3, 2017

    FTC Chair To Focus On Real Harms Over Speculative Ones

    President Donald Trump’s temporary choice to lead the Federal Trade Commission vowed to focus the agency’s antitrust and consumer protection enforcement on cases in which business activity has led to actual and substantial harm, suggesting on Wednesday an end to the old days of intervening in markets based on “speculative” harms.

  • May 3, 2017

    DOJ Raids Perrigo In Generic Drug Price-Fixing Probe

    Generic-drug maker Perrigo Co. PLC said late Tuesday that the U.S. Department of Justice has carried out search warrants at its corporate offices, making the company the latest to be swept up in the agency’s ongoing probe of pricing in the industry.

  • May 3, 2017

    Express Scripts Seeks Quick Win In Pharmacy Antitrust Suit

    Pharmacy benefit manager Express Scripts Inc. asked a Missouri federal judge on Tuesday to dismiss a suit brought by a Manhattan pharmacy that alleged it suffered “catastrophic financial harm” from the company’s conspiracy, along with CVS Health Corp., to remove independent pharmacies from the mail-order prescription market.

  • May 2, 2017

    Sidley Austin Snags Ex-FTC Chair Tim Muris From Kirkland

    Sidley Austin LLP said Monday that it has added a former chairman of the Federal Trade Commission to its antitrust and competition practice from Kirkland & Ellis LLP, bringing on an attorney with extensive experience working on all aspects of antitrust enforcement and consumer protection.

Expert Analysis

  • Initial Lessons From The Anthem-Cigna M&A Lawsuits

    Jonathan Corsico

    Merger agreement provisions such as breakup fees, termination fees, reverse breakup fees, reverse termination fees and closing failure fees are easily misunderstood, as evidenced by the recent competing suits between Anthem and Cigna. The confusion stems, in part, because these fees take a wide range of forms and serve a wide range of functions, say attorneys with Gibson Dunn & Crutcher LLP.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.

  • Why FTC V. Qualcomm Follow-On Suits Are Worth Watching

    Jason A. Levine

    Even if Qualcomm settles with the Federal Trade Commission or the FTC votes to withdraw the complaint based on the views of new commissioners, Qualcomm still faces the prospect of massive liability to consumers claiming injury. The antitrust and securities class actions that have been filed starkly illustrate the risk that government enforcement action creates for companies, say attorneys with Vinson & Elkins LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Big Settlement Shows FERC's Pursuit Of Market 'Gaming'

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    In a recent settlement with the Federal Energy Regulatory Commission, energy supplier GDF Suez paid the largest penalty levied by the agency in almost four years. This reflects FERC’s pursuit of “gaming” of wholesale electric markets through strategies that technically comply with rules, but are allegedly inconsistent with their purpose, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • 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.