Competition

  • June 04, 2020

    Titan Of The Plaintiffs Bar: Robins Kaplan's K. Craig Wildfang

    It was 1994, and K. Craig Wildfang was poring over recordings of Nasdaq traders chatting on the phone about doing drugs and having affairs when he landed on what he was hoping to find: market makers admitting they were fixing stock prices.

  • June 04, 2020

    Hungary Doesn't Have To Halt Tobacco Tax, ECJ Rules

    The European Court of Justice ruled in favor of Hungary on Thursday in its appeal of a European Union executive order to suspend the country's progressive tax on tobacco products, annulling that 2015 decision.

  • June 04, 2020

    Vegas Dailies Turn Longtime Pact Into High-Stakes Staredown

    One of the most curious commercial arrangements between competing newspapers in the country is at risk of crumbling, as one Las Vegas daily looks to get out of the agreement with its rival and the other says that move could force it to fold.

  • June 04, 2020

    DOJ Clears Schwab Acquisition Of TD Ameritrade

    The Justice Department has cleared Charles Schwab's proposed $26 billion acquisition of TD Ameritrade, the low-cost brokerage and financial advisory announced Thursday, six months after the companies disclosed that the DOJ had launched an in-depth review of the deal.

  • June 04, 2020

    UK Pharma Exec Barred After Admitting To Drug Supply Plot

    A drug industry executive agreed not to act as a director for any U.K. company for five years after admitting to his role in a scheme among drugmakers to share out supply of a lucrative antidepressant, the British competition watchdog said Thursday.

  • June 03, 2020

    No Cert. For End-Payors In Niaspan Pay-For-Delay MDL

    A Pennsylvania federal judge declined Tuesday to certify a class of end-payor plaintiffs in their suit alleging improper pay-for-delay settlements between AbbVie and Teva Pharmaceuticals Industries aimed at barring generic forms of Niaspan, finding they failed to establish the ascertainability, predominance, or superiority requirements.

  • June 03, 2020

    Ex-Bumble Bee CEO Fights Feds' 10-Year Sentence Bid

    Former Bumble Bee CEO Chris Lischewski urged a California federal judge Wednesday to reject prosecutors' request for a 10-year prison sentence for his role in fixing the price of tuna, arguing that there was no evidence he led the conspiracy, obstructed justice or caused losses and that he should get no more than 10 months.

  • June 03, 2020

    Manatt Failed Promise To Sue Under Armour, Suit Says

    Manatt Phelps & Phillips LLP was hired to pursue a false advertising and antitrust lawsuit against Under Armour, only to demand more money and ultimately abandon its client, according to a breach of contract and fraudulent inducement lawsuit filed Wednesday in New York federal court.

  • June 03, 2020

    Gilead Can't Shake New HIV Antitrust Complaint, Court Told

    Pharmaceutical giants accused of working together to block generic competition for blockbuster HIV treatments are using their latest motion to dismiss to rehash arguments the California federal court has already dealt with, the proposed class said Tuesday.

  • June 03, 2020

    Pharmacy Chain Says It Can Rep Class If Lead Is DQ'd

    A Midwest pharmacy chain said Tuesday that it's ready to fill in as head of a direct purchaser class accusing Actavis and Shire of illegally delaying the sale of a generic version of Shire's ADHD medication Intuniv if the pharmaceutical companies manage to decertify the class's current named plaintiff.

  • June 03, 2020

    Pilgrim's Pride CEO, Other Execs Charged With Fixing Prices

    The Justice Department on Wednesday said four executives, including the president and CEO of Pilgrim's Pride, have been indicted over a scheme to fix prices and rig bids for chickens sold to grocery stores and restaurants.

  • June 03, 2020

    Wash. Lodges 1st State Suit Over Tuna Price-Fixing

    Washington state sued StarKist, parent company Dongwon Industries and former Bumble Bee Foods CEO Christopher Lischewski on Tuesday, accusing them of taking part in a decadelong price-fixing scheme that caused U.S. canned tuna prices to rise despite decreasing demand.

  • June 03, 2020

    App Makers Urge Justices To Let Judges Set FRAND Rates

    An association of app makers has called on the U.S. Supreme Court to unravel a Federal Circuit decision that found juries get to decide what constitutes a fair and reasonable royalty rate for standard-essential patents, arguing the ruling muddies FRAND rules.

  • June 02, 2020

    Volvo, Jaguar Take Shippers To Court Over Cartel Damages

    Volvo and Jaguar are going after a host of shipping companies they say hurt their bottom line by overcharging for the price of roll-on, roll-off cargo services, the U.K. Competition Appeal Tribunal said on Tuesday.

  • June 02, 2020

    Telescope Buyer Hits Celestron With $350M Antitrust Suit

    An amateur astronomer has leveled a $350 million antitrust lawsuit accusing California-based telescope maker Celestron of illegally teaming up with a rival to pad prices, a conspiracy claim that has already won over a federal jury and saddled industry players with millions in damages.

  • June 02, 2020

    9th Circ. Told Axon Must Go Through FTC Before Courts

    The Federal Trade Commission urged the Ninth Circuit on Monday to reject police body camera and nonlethal weapon maker Axon Enterprise's constitutional challenge to the agency's in-house merger challenge process, arguing that such arguments most go through the FTC first.

  • June 02, 2020

    Europe's Antitrust Enforcer Homes In On Digital Services

    Europe's antitrust enforcer is moving ahead with plans to upgrade its toolbox for taking on competition problems in digital markets, on Tuesday proposing and asking for input on potential changes to the law aimed at companies with dominant positions as well as digital platforms more generally.

  • June 02, 2020

    Calif. Dental Board Says SmileDirect Claims Still Not Straight

    SmileDirectClub didn't learn the lesson it should have when a California federal court dismissed the first iteration of its antitrust suit because the new version has all the same issues, according to the state dental board.

  • June 02, 2020

    JPMorgan, Barclays To Pay Mexican Bond Investors $20.7M

    JPMorgan Chase and Barclays PLC will pay a combined $20.7 million in what bondholders call "icebreaker" settlements of claims that the banks participated in a sweeping conspiracy to rig Mexican government bond prices, according to court filings.

  • June 02, 2020

    Grid Cos. Fight Revamped FERC Transmission Rate Reviews

    Midwestern electric transmission owners who had their investor returns slashed after the Federal Energy Regulatory Commission revised its formula for determining whether such returns are just and reasonable petitioned the D.C. Circuit on Monday to review the agency's orders containing the policy shift.

  • June 02, 2020

    Teva Can't Escape Infringement Claim In Inhaler Patent Suit

    A London judge on Tuesday rejected Teva's bid to block an infringement claim brought by an Italian pharmaceutical company after Teva challenged its lung disease drug patents, rejecting the generic drugmaker's arguments that disclosure for the claim would be anti-competitive.

  • June 02, 2020

    UK Watchdog Gears Up For Closer Look At Vehicle Parts Deal

    The UK's competition regulator said it would refer two rival commercial vehicle and trailer parts makers for a Phase 2 investigation if the companies did not address concerns that the merger will harm competition.

  • June 01, 2020

    Sheppard Mullin Sanctioned In $47M Telescope Antitrust Fight

    A California federal judge on Monday sanctioned a Chinese telescope maker and its former counsel at Sheppard Mullin for misrepresenting its oversight of document production during post-trial discovery following a $47 million antitrust judgment.

  • June 01, 2020

    DOJ Tries Again To Nix Ruling On $360M Sabre-Farelogix Deal

    The U.S. Department of Justice is continuing to press the Third Circuit to undo a lower court rejection of its challenge to Sabre's planned $360 million Farelogix purchase, blasting the airline booking firms' contention that it improperly coordinated with U.K. antitrust enforcers to stop the deal.

  • June 01, 2020

    5th Circ. Told Texas Power Grid Law Is Unconstitutional

    A new Texas law that only allows incumbent transmission companies to build new power lines is an example of "blatant discrimination by statute" and should be struck down as unconstitutional, an attorney for a NextEra Energy Inc. unit told the Fifth Circuit on Monday.

Expert Analysis

  • How Courts Are Shaping Disclosure Of 3rd-Party MDL Funding

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    Despite the lack of regulations requiring the disclosure of litigation financing in the multidistrict litigation context, recent orders demonstrate a court’s ability to craft disclosure obligations to ensure counsel’s compliance with ethical duties, say Stephanie Spangler at Norris McLaughlin and Dai Wai Chin Feman at Parabellum Capital.

  • Opinion

    Cos. Should Not Illegally Profit From Our Pandemic Pain

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    Some opportunistic companies have started to take advantage of consumers and workers during the COVID-19 crisis, so lawyers must remain vigilant — and mindful of state consumer protection and labor statutes — to guard against unscrupulous profiteering, says attorney Daniel Karon.

  • Opinion

    New Jersey's Plan For 2020 Law Grads Is Brilliant

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    The New Jersey Supreme Court's much-needed order allowing this year's law school graduates to practice prior to being admitted should be adopted in New York — and developed further even after the pandemic ceases, says attorney Dmitriy Shakhnevich.

  • New Insights On Resale Price Maintenance In China

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    The most recent resale price maintenance violation cases in China indicate that companies under investigation should take a more proactive approach and organize detailed rebuttal evidence materials to fully evaluate competitive impact, say attorneys at Tian Yuan Law Firm.

  • Managing E-Discovery Providers In Times Of Crisis

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    Retention of e-discovery providers usually involves considerable time and several layers of approval, but practicalities during the current emergency have proven that law firms must have the acuity to make smart but quick game-time decisions, says Shannon Capone Kirk at Ropes & Gray.

  • Witness Preparation Tips For Your Next Video Deposition

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    Just like in a normal deposition, remind your witness that testimony provided via videoconference may be used in a courtroom, so they must be mindful of everything they say or don’t say, the space they are in, and their attire, say Adam Bloomberg and Merrie Jo Pitera at Litigation Insights.

  • How 3rd Parties Can Best Limit Fraud Liability Amid COVID-19

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    COVID-19 enforcement activity raises the specter of liability for innocent third parties, but companies can take steps to reduce the risk of unwittingly facilitating fraud or price-gouging and demonstrate good-faith compliance to regulators, say Robyn Crowther and Ashwin Ram at Steptoe & Johnson.

  • Rebuttal

    In Defense Of Virtual Mediation

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    A recent Law360 guest article highlighted reluctance among some in the legal community to embrace video mediation, but when assessing the concerns, it quickly becomes clear that the disinclination is not rooted in any firm rationale, says Michael Willemin at Wigdor.

  • Opinion

    MDLs Need A New Path To Interlocutory Appeals

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    The rules governing appeals were developed before modern multidistrict litigation case management was invented and were not designed to bring important MDL decisions to the attention of appellate courts in a reasonable and timely fashion — so reform is needed, says attorney Tim Pratt.

  • A Call To Action For The Coming Insurance Litigation Siege

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    Anticipating an onslaught of insurance litigation over coronavirus business interruption claims, G. Andrew Lundberg at Burford Capital paints a picture of what cooperation could look like among lawyers, courts, legislatures, regulators, insurers and policyholders dealing with this once-in-a-generation stress on the nation's judicial resources.

  • How A Small Law Firm Adapts To Remote Work

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    Stay-at-home orders mean small firms like mine — six lawyers and 14 staff members — suddenly need to make rapid changes, but the initial shock has turned into excitement about this opportunity to improve old processes, says David Kwartler at Kwartler Manus.

  • Opinion

    Don't Just Delay The Bar Exam — Cancel It Forever

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    The bar exam tells us nothing about whether a law student will be a competent lawyer, and now that exams have been delayed due to COVID-19, it's a good time to reevaluate why we have it in the first place, says Brian Tannebaum at Bast Amron.

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • How Sellers Can Avoid Price-Gouging For 'Essential' Cannabis

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    With the nascent cannabis industry unexpectedly being labeled "essential" and experiencing a sudden surge in consumer demand, dispensaries and operators must be careful to avoid triggering violations of state-specific price-gouging laws, say Joshua Mandell and Evelina Gentry at Akerman.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

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