It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.
The federal agencies responsible for national security reviews of broadcast transactions involving foreign ownership want more time to scrutinize the T-Mobile and Sprint megamerger, according to a filing posted Friday asking the Federal Communications Commission to hold off on its own evaluation.
The Federal Trade Commission on Thursday told a Georgia federal court that several pharmaceutical companies aren't entitled to a second chance to escape from a nearly decade-old antitrust suit alleging they conspired to keep a generic version of the testosterone drug AndroGel off the market, because such a "turducken task" would entail litigating patent validity.
A U.S. Department of Justice official has urged corporations looking to acquire a company with possible Foreign Corrupt Practices Act risks to take advantage of the DOJ's FCPA opinion procedure — but attorneys working in the space say that's not always an option.
A U.K. tribunal on Wednesday refused to pause the U.K. competition authority's review of a case accusing Pfizer and Flynn Pharma of charging the National Health Service excessive and unfair prices for an anti-epilepsy drug, ordering the watchdog to take another look as both sides consider appeals.
Axinn Veltrop & Harkrider announced Thursday it has brought on former Skadden Arps Slate Meagher & Flom LLP counsel Tiffany Rider as a partner with the firm’s antitrust group in Washington, D.C.
Missouri Attorney General Josh Hawley has slapped Google Inc. with a new investigative subpoena seeking records of the tech giant's business practices after European Union regulators fined the company a record $5.1 billion last week for antitrust violations.
Despite several lead counsel applications flooding the docket in multidistrict litigation over alleged Chicago Board Options Exchange's volatility index manipulation, the proposed teams at Quinn Emanuel Urquhart & Sullivan LLP and Robbins Geller Rudman & Dowd LLP as well as Kessler Topaz Meltzer & Check LLP and Scott & Scott LLP emerged Wednesday as the favorites to lead the MDL’s litigation with extra support on the docket.
A New York federal judge dismissed Bank of America Corp., Barclays Bank PLC and three other major banks Wednesday from multidistrict litigation over an alleged conspiracy to fix the price of silver, saying the investors haven't demonstrated that the banks' manipulation of the silver market would necessarily cause them to pay different prices.
A Federal Trade Commission attorney took issue Thursday with proffered testimony from Tronox Ltd.’s CEO challenging the agency’s reasons for trying to freeze a $2.4 billion purchase of Saudi-owned chemical mining company Cristal, arguing in D.C. federal court the FTC is simply doing its job combating potential anti-competitive harm.
The European Commission on Thursday said France can invest in a €112 million ($130 million) tidal energy project after finding the facility, a pilot program designed to test tidal technology, will promote expansion of renewable energy sources.
Flextronics International USA Inc. on Wednesday in California federal court sued two Japanese resistor manufacturers, accusing them of conspiring in an elaborate price-fixing scheme that drove up the price of the electronic components.
Royal Bank of Scotland PLC has won a final victory over Property Alliance Group in a landmark battle over the alleged misselling of derivatives after Britain’s highest court refused to review the dismissal of the property company's £30 million ($39 million) suit.
California-based Qualcomm on Thursday ended its planned acquisition of NXP Semiconductors nearly two years after inking the $44 billion deal, once it became clear the tie-up would not be approved in China.
Democrats on a House subcommittee pressed the full Federal Communications Commission Wednesday on whether the agency would shield the proposed Sinclair-Tribune merger from political influence as an internal judge reviews the transaction.
Danish insulin maker Novo Nordisk A/S on Wednesday urged a New Jersey federal judge to dismiss a proposed class action accusing it of misleading investors about its financial sustainability amid U.S. market pressures, arguing that the suing investors haven't pointed to any specific misrepresentations knowingly made by company executives.
A European Union advocate general Wednesday urged the EU’s top court to overturn awards made to five companies over excessive delays to their antitrust appeals, saying the companies were to blame for costs they incurred while awaiting judgment in the cases.
The Federal Communications Commission’s Media Bureau is seeking information on the state of competition for the delivery of audio programming via radio, satellite, podcasts and other delivery methods as it looks to compile a report required under a provision of legislation passed this year to reauthorize the FCC.
An adviser to the European Union's highest court said Wednesday that a 2013 decision from the bloc's competition enforcer that dashed United Parcel Service Inc.’s proposed $6.8 billion merger with TNT Express NV was properly annulled on procedural grounds.
A Washington federal judge has refused to come to an early conclusion on whether two health care providers accused of price-fixing reimbursement rates are actually a single entity excused from certain antitrust laws, saying a jury must decide whether they are separate or not.
Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.
The Serious Fraud Office has landed another mixed result in its prosecution of several former Barclays and Deutsche Bank traders for manipulating Euribor, the latest in the white collar specialist's latest effort to hold individuals accountable for rigging key benchmark interest rates. Here, Law360 looks at the highlights of the SFO's long-running campaign.
A D.C. federal judge has rejected the U.S. Department of Justice’s arguments that AT&T’s planned purchase of Time Warner would hurt competition and drive up consumer costs, dealing a major blow to the government’s first court challenge of a vertical merger in decades. Here, Law360 looks at how we got here, the key issues and highlights of the case.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.
Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.
Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.
The releases of highly effective, highly priced drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. The Federal Circuit's decision this month in AIDS Healthcare Foundation v. Gilead demonstrates how choosing the wrong venue for your patent challenge can doom it before it even starts, says Nicholas Landau of Bradley Arant Boult Cummings LLP.
Four challenges often arise in modeling wages for pay discrimination cases, and modeling wages across multiple firms in a no-poaching context further complicates matters, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.
As the U.S. Department of Justice's Antitrust Division attempts to prosecute no-poach and wage-fixing agreements, the wage analyses that are frequently used in employment discrimination cases will become increasingly relevant in the antitrust arena, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.
For the first time in many years, the deputy assistant attorney general for criminal enforcement at the U.S. Department of Justice Antitrust Division will come from outside the Antitrust Division. The appointment of Richard A. Powers is important because he could stay in the role well beyond this administration, say attorneys with Skadden Arps Slate Meagher & Flom LLP.
Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.