Competition

  • 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.

  • March 2, 2017

    Animators' $100M No-Poach Deal Nears OK, But Fees Up In Air

    A California federal judge said Thursday she'll preliminarily approve a $100 million settlement by Walt Disney, Pixar and Lucasfilm to end class action claims they illegally conspired with other major studios not to hire one other's animators, but poured cold water on talk of a $42.25 million fee for the animators' attorneys.

  • March 2, 2017

    Truck Makers To Face Antitrust Damages Action In Germany

    A German transportation and logistics industry association said Wednesday that it has tapped Hausfeld LLP to head up a lawsuit seeking damages from truck producers who were fined a record €2.93 billion (then $3.23 billion) by regulators for participating in a price-fixing cartel.

  • March 2, 2017

    Ex-Va. AG Joins Cozen O'Connor's DC Office

    The former Virginia attorney general and current finance chairman of the state’s Republican Party joined Cozen O'Connor’s state attorneys general practice as a shareholder in its Washington, D.C., office, the firm announced.

  • March 2, 2017

    AMA Tells DOJ Don't Settle $54B Cigna-Anthem Merger Case

    The American Medical Association urged the Department of Justice to stand by a D.C. federal judge’s decision to block the $54 billion combination of health insurance providers Anthem and Cigna, saying in a recent letter it is alarmed that a settlement could be on the table given the change in leadership at the DOJ.

  • March 2, 2017

    9th Circ. Won't Rethink Sony Win On $4M Antitrust Deal

    The Ninth Circuit said Thursday it will not reconsider a September ruling that reversed a lower court’s order in favor of HannStar Display in a suit by Sony to enforce a $4.1 million deal the two had negotiated to resolve price-fixing claims over liquid crystal displays.

  • March 2, 2017

    Credit Card Swipe Fee Battles Destined For Appeal Showdown

    The endgame for the waves of antitrust swipe fee damages claims filed against MasterCard Inc. and Visa Inc. in the U.K. could well be in sight, with two recent conflicting first-instance judgments seemingly destined for the Court of Appeal to deliver a definitive answer on whether the fees breached competition law or not.

  • March 2, 2017

    Panasonic Grounded Rivals' In-Flight Software, Suit Says

    A developer of in-flight entertainment software on Wednesday sued Panasonic in a New York federal court, alleging that the company stifled competition for in-flight media by selectively doling out access to its software code and even sabotaging its own hardware to muscle rivals out of the market.

  • March 2, 2017

    Challenge To FTC Authority Belongs In Calif., Agency Says

    The U.S. Federal Trade Commission on Thursday asked a Pennsylvania federal court to dismiss a lawsuit by Watson Laboratories and Allergan challenging its authority to bring lawsuits over past behavior, saying the companies should raise the objection in an ongoing pay-for-delay case in California.

  • March 2, 2017

    Koch Docs Not Relevant In Antitrust Suit, Oxbow Says

    Oxbow Carbon & Minerals LLC asked a D.C. federal court on Wednesday to deny a bid by Union Pacific and BNSF to force Oxbow’s CEO William Koch to produce files in an anti-competitive conduct case, arguing the railroads could not demonstrate that the requested documents would not simply duplicate information already being handed over.

  • March 1, 2017

    20 More States Join Generic Drug-Pricing Antitrust Action

    Forty states are now bringing antitrust claims against six generic-drug makers including Heritage, Mylan and Teva, alleging they conspired to fix the prices of an antibiotic and a diabetes medication, according to an amended complaint filed in Connecticut federal court Wednesday.

  • March 1, 2017

    8th Circ. Says Food Giants Can't Arbitrate Antitrust Row

    The Eighth Circuit affirmed a lower court ruling in favor of retail grocers accusing wholesalers SuperValu Inc. and C&S Wholesale Grocers Inc. of conspiring to hike prices, ruling Wednesday that the wholesalers cannot compel arbitration because they don’t have a close enough relationship to allow enforcement of the agreement.

Expert Analysis

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Asset Swap Transactions In The Antitrust Crosshairs

    Meytal McCoy

    While companies may think they are in the antitrust clear with asset swap transactions, two recent divestiture orders make clear that regulators will apply the same rigorous antitrust analysis in such deals as they would in a traditional merger or acquisition, says Meytal McCoy of Mayer Brown LLP.

  • Pay-To-Play Lessons From This Week's SEC Settlements

    Charles Borden

    The U.S. Securities and Exchange Commission’s settlements with 10 investment advisory firms relating to violations of the SEC’s pay-to-play rule may be a preview of things to come. Although none of the 10 cases announced Tuesday involved a major penalty, the real economic cost of the violations is likely to be much higher, say attorneys with Allen & Overy LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • No Anti-Competitive Intent, No Treble Damages: A Proposal

    Veronica Lewis

    Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.

  • The Implications Of Insureds' Illegal Conduct

    Deepa T. Sutherland

    Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.