Competition

  • February 6, 2017

    Syringe Co. Asks Justices To Review $340M Antitrust Reversal

    Syringe maker Retractable Technologies Inc. has urged the U.S. Supreme Court to review the reversal of a $340 million award for antitrust and false advertising claims against rival Becton Dickinson & Co., saying false commercial speech is anti-competitive.

  • February 6, 2017

    Calif. AG Sues Allergan, Watson Over Pay-For-Delay Scheme

    California’s attorney general on Friday became the latest party to file suit over an alleged Lidoderm pain relief patch pay-for-delay scheme, accusing Watson Pharmaceuticals Inc. in California federal court of colluding with its competitors and fixing the price of the generic version of the drug.

  • February 6, 2017

    Investors Sue Over Lilly's $960M Buy Of Migraine Drug Co.

    About two weeks after Eli Lilly & Co. announced it was buying migraine treatment developer CoLucid Pharmaceuticals Inc. for $960 million, a CoLucid investor sued Friday in Massachusetts federal court, alleging the two blocked out competing offers and provided a proposed class of investors a subpar share of the deal.

  • February 6, 2017

    1-800 Contacts' Defenses Fail In FTC Ad Compact Action

    The U.S. Federal Trade Commission has ruled against two of 1-800 Contacts' defenses in an administrative proceeding over allegations the company made illegal agreements with rivals to eliminate competition for internet search advertising.

  • February 6, 2017

    City Will Boost UK In Post-Brexit EU Trade Talks, May Says

    British Prime Minister Theresa May seized on the City of London as a key bargaining chip for future Brexit talks on Monday after Germany acknowledged that its importance as Europe's largest financial center means the European Union would be accommodative in a future trade deal.

  • February 6, 2017

    SEC Slaps Tyson With Subpoena Over Chicken Quota Suits

    Tyson Foods Inc. told shareholders on Monday that the U.S. Securities and Exchange Commission has hit it with a subpoena over allegations raised in class action lawsuits that the company conspired with other producers of broiler chickens to limit production and goose their profits.

  • February 6, 2017

    NCAA, Conferences Reach $209M Deal In Grant-In-Aid MDL

    The NCAA and 11 conferences sued by student-athletes in antitrust suits contesting caps on scholarships have reached a $208.7 million deal to settle monetary claims in the multidistrict litigation, according to documents filed Friday in a California federal court.

  • February 3, 2017

    Mylan Inks $96.5M Pay-For-Delay Deal With Cephalon Buyers

    Mylan Pharmaceuticals Inc. has agreed to pay $96.5 million to settle with direct purchasers in pay-for-delay litigation over Cephalon’s narcolepsy drug Provigil, according to a court filing in Pennsylvania federal court.

  • February 3, 2017

    New FCC Kills Review Of AT&T, Verizon Free Data Services

    The newly GOP-controlled Federal Communications Commission gutted some of the last “midnight” efforts of its Democratic predecessor Friday, including with the retraction of a probe into Verizon and AT&T zero-rating plans, in a series of moves blasted by the FCC's sole remaining Democrat as “take out the trash day.”

  • February 3, 2017

    10th Circ. Won't Revive Gas Co.'s Pipeline Antitrust Suit

    The Tenth Circuit on Friday shot down a natural gas company seeking to revive its antitrust suit against three other gas companies that allegedly cut it out of a competitive area in Colorado, finding the company lacked standing.

  • February 3, 2017

    Wrigley Rooftops Urge 7th Circ. To Revive Chicago Cubs Case

    A group of Wrigley Field-area rooftop owners accusing the Chicago Cubs of monopolizing game views by reneging on a deal not to obstruct stadium sight lines on Thursday asked the Seventh Circuit to allow them to file a revised complaint, arguing that the lower court misinterpreted both the contract and the baseball antitrust exemption.

  • February 3, 2017

    Pa. Appeals Court Again Axes Kaplin Stewart Docs Order

    A Pennsylvania appeals court on Friday upended, for the second time, an order requiring Kaplin Stewart Meloff Reiter & Stein PC to turn over potentially privileged communications with a developer it represented in an antitrust suit accusing a rival of improperly blocking a project in suburban Philadelphia.

  • February 3, 2017

    Express Scripts Loses Quick Win Bid In Antitrust Suit

    A Missouri federal judge on Friday denied a bid by Express Scripts Inc. for summary judgment in an antitrust suit accusing it of muscling compounding pharmacies out of the market, saying it was not clear the company had a contractual right to cut some of the pharmacies from its network.

  • February 3, 2017

    FCC Chair Tees Up Small-Business Rule Relief For Feb. Vote

    Federal Communications Commission Chairman Ajit Pai moved forward Thursday with his plan to exempt even more internet service providers from stepped-up transparency requirements, listing the proposed exemption vote on the tentative agenda for the FCC's meeting later this month.

  • February 3, 2017

    Spain Opens Antitrust Proceedings Against Drugmaker Aspen

    Spain’s markets and competition commission has started a disciplinary proceeding against Aspen Pharmacare Holdings Ltd. and two of its affiliates for allegedly causing a deliberate drug shortage in an effort to charge excessive prices for the drugs that were available, the commission announced Friday.

  • February 3, 2017

    RBS To Pay $85M CFTC Fine Over ISDAfix Manipulation

    The Royal Bank of Scotland will pay an $85 million penalty to settle allegations that its traders manipulated the ISDAfix benchmark rate over a period of five years to benefit the bank’s derivatives positions, the U.S. Commodity Futures Trading Commission announced Friday.

  • February 3, 2017

    UK Enforcement Chief Warns Antitrust Probes Won't Slow

    The Competition and Markets Authority quadrupled its number of enforcement decisions in 2016 and sent total fines skyrocketing, and that growth isn't stopping anytime soon, the U.K. watchdog's enforcement chief told Law360 in an exclusive interview.

  • February 3, 2017

    Ohlhausen Calls For Reins On FTC Enforcement

    The newly appointed acting chair of the U.S. Federal Trade Commission on Friday continued to lay out her business-friendly vision for the agency, saying it should intervene in the markets only when necessary.

  • February 3, 2017

    Algorithms May Test Antitrust Law's Reach, CMA Chair Warns

    Though U.S. and U.K. competition watchdogs have not hesitated to tackle online price-fixing using algorithms, the increasing sophistication of algorithmic decision-making could ultimately test the limits of antitrust enforcement, the chairman of the British Competition and Markets Authority warned Friday.

  • February 3, 2017

    Facebook Data Antitrust Case Not Overreach, Enforcer Says

    Germany’s antitrust investigation into whether Facebook Inc. has abused its dominance by violating data protection rules is “nothing experimental,” the head of the country’s watchdog said Friday, despite ongoing debate about how competition law should apply to big data.

Expert Analysis

  • Do Not Expect Lax Financial Enforcement Under Trump

    Stephen Kuperberg

    Anyone contracting with the federal government, receiving federal funds, or otherwise in a position that could fall under a federal financial enforcement mandate would be best served to be on alert. There are at least three reasons to believe that enforcement will continue unabated — and even expand — under the incoming administration, says Stephen Kuperberg, a former federal prosecutor.

  • What We Learned About Patent Remedies In 2016

    Jean Dassie

    It was a busy year for patent remedies. The U.S. Supreme Court decided cases on willfulness and design patent damages, and the Federal Circuit made law on willfulness, enhancement, attorney fees, antitrust damages, preissuance patent damages, and laches, says Jean Dassie of Andrews Kurth Kenyon LLP.

  • 2016 Highlights From Indirect Purchaser Class Actions

    Christopher T. Micheletti

    While there were no major U.S. Supreme Court decisions that impacted indirect purchaser cases in 2016, and only a few circuit court decisions, some notable rulings shed light on strategies related to class certification, Article III and antitrust standing, settlement objectors, and other indirect purchaser-related issues, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Mediating E-Discovery Disputes Can Save Time And Money

    Daniel Garrie

    A primary driver of increasing litigation costs is the explosion of electronic discovery in recent years. Electronic data is not only increasing dramatically in volume, it is also growing in complexity. One way parties can save time and money is to use a neutral, technically skilled mediator, to ensure that e-discovery is both robust and cost-effective, says Daniel Garrie of JAMS.

  • Takeaways From China's Antitrust Case Against Medtronic

    Huang Wei

    Medtronic is the first antitrust case against a medical equipment firm in China being enforced by the National Development and Reform Commission rather than by agencies at provincial level. It offers helpful insights into the NDRC’s enforcement approaches, say attorneys with Tian Yuan Law Firm.

  • Reigniting The Debate Over Student-Athletes As Employees

    Shar Bahmani

    The 2017 College Football Bowl season has begun. However, the battle on the gridiron is not the only struggle college student-athletes currently face, as a recent memorandum from the National Labor Relations Board appears to have resparked the debate over whether student-athletes are “employees” under the National Labor Relations Act, says Shar Bahmani of Squire Patton Boggs.

  • State AGs May Turn Up Enforcement Under Trump

    Joseph W. Jacquot

    With the incoming Trump administration, regulatory and enforcement priorities will likely change, but if federal agencies scale back their consumer protection efforts, attorneys general can be expected to pick up the slack, says Joseph W. Jacquot of Foley & Lardner LLP.

  • Building Momentum For The Pay Equity Movement In BigLaw

    Stephanie A. Scharf

    A decade’s worth of multiple bar association initiatives, conferences, corporate law summits, detailed research reports and opinion pieces on the pay gap has seemingly fallen on the deaf ears of BigLaw. However, recent events presage substantial movement toward pay equity in law firms, say Stephanie Scharf of Scharf Banks Marmor LLC, Michele Coleman Mayes, general counsel for the New York Public Library, and Wendi Lazar of Outten & Golden LLP.

  • Are You Prepared For A 'Post-Fact' Jury?

    Ross Laguzza

    The media has been full of stories lately about the death of facts and the rise of “fake news.” It is reasonable to wonder if people sitting on juries will be able to function appropriately in this post-fact world, says Ross Laguzza of R&D Strategic Solutions LLC.

  • FERC's Enforcement Appetite Makes Compliance Key

    Robert Fallon

    The Federal Energy Regulatory Commission has energy market manipulation schemes in its crosshairs, and is stepping up enforcement efforts against entities and individual actors alike. Now more than ever, a good compliance program that prevents, identifies and mitigates risk can translate into money saved — and maybe even jail time avoided — in the event that problems arise down the road, say attorneys from Cozen O’Connor.