Competition

  • June 29, 2020

    Endo Investors Seek Cert. After Losing Price-Fixing Claims

    Endo International investors want a Pennsylvania federal judge to sign off on their bid to become a full-fledged class action, telling the court their claims the drugmaker artificially inflated stock prices are perfectly suited for the legal vehicle.

  • June 29, 2020

    Antitrust 'Leniency' Incentive Saved, With Lingering Criticisms

    Companies looking to report criminal antitrust activity briefly lost a key incentive to come forward last week, only for lawmakers days later to do away with a "sunset" provision that had been left untouched for years, yet some experts caution there are still shortcomings in the "leniency" program for would-be targets of probes.

  • June 29, 2020

    Open Internet Group Pushes 'Roadmap' To Probe Google

    A public interest group is pressing the U.S. Department of Justice and state attorneys general to examine Google's dominance among search engines, giving them a potential "roadmap" to probe what the advocates characterized as monopoly conduct.

  • June 29, 2020

    UK Watchdog Fines Instrument Cos. For Blocking Discounts

    The U.K.'s antitrust regulator fined two musical instrument companies a total of £5.5 million (about $6.7 million) on Monday for engaging in a practice that sets a minimum price for their products on the online retail market.

  • June 29, 2020

    EU Watchdog Seeks Input On How To Define Markets

    European competition regulators are casting a wide net for stakeholder input on how to potentially redefine market boundaries, an initiative that could change antitrust enforcers' calculus as they decide whether to put up roadblocks to a merger.

  • June 29, 2020

    Calif. Senate Advances Health Care Competition Bill

    A California bill that aims to crack down on anti-competitive behavior and over-consolidation within the state's health care system cleared the state's Senate on Friday, earning praise from California Attorney General Xavier Becerra.

  • June 26, 2020

    DOJ Probes Heightened Woes That Shaped Pot Industry

    A recent whistleblower complaint about the U.S. Department of Justice's handling of cannabis company mergers has thrown a spotlight on the immense regulatory costs such companies face and raised questions about how much government actions contributed to the broader downturn in the cannabis industry last year.

  • June 26, 2020

    DOJ Cheers Congress' Renewal Of Antitrust Leniency Perks

    The Justice Department on Friday applauded passage of bills in the House and Senate to reauthorize a key component of the Antitrust Division's leniency program that sunset earlier in the week.

  • June 26, 2020

    FTC Clears Eldorado's $8.6B Caesars Deal With Fixes

    The Federal Trade Commission on Friday cleared Eldorado Resorts' planned $8.58 billion cash-and-stock purchase of Caesars Entertainment, provided the casino operators unload three properties to cure competitive concerns.

  • June 26, 2020

    UK Worries Taboola, Outbrain Tie-Up Could Hurt Publishers

    British competition authorities said Friday they want some concessions to ease antitrust worries before they let online content marketer Taboola gobble up rival Outbrain, saying the deal could hurt publishers.

  • June 26, 2020

    9th Circ. Won't Save LG, Samsung Workers' Antitrust Suit

    A group of LG and Samsung workers has failed to persuade the Ninth Circuit to breathe new life into their claims that the mobile tech giants used no-poach deals to stand in the way of labor competition.

  • June 26, 2020

    Investors Can Grill HSBC On 2018 Forex Deal, Judge Says

    A New York federal judge will allow a proposed class of investors accusing several big banks of rigging benchmark foreign exchange rates to question HSBC about its 2018 deal with the U.S. Department of Justice that resolved similar claims of forex market manipulation.

  • June 26, 2020

    COVID-19 IP Catch-Up: Mask Sales & Remote Source Codes

    A Texas federal judge authorized a novel way of reviewing source code during the pandemic, mask makers are still bringing trademark suits, and patent litigation between drugmakers in New York is finally ready to go to trial. Here are some recent intellectual property updates tied to the outbreak that you may have missed.

  • June 26, 2020

    Surescripts Says Pharmacies' Antitrust Claims Too Indirect

    The e-prescription service Surescripts LLC told an Illinois federal judge Friday that pharmacies don't have standing to claim it built a monopoly in the industry because they haven't contracted with it directly.

  • June 26, 2020

    EU Signs Off On Italy's $8.5B Tax Relief Plan

    European Union antitrust officials on Friday approved the Italian government's €7.6 billion ($8.5 billion) package of tax relief measures designed to ease the financial constraints on companies affected by the novel coronavirus pandemic.

  • June 26, 2020

    Qualcomm Wants Investor Suit Over Broadcom Deal Nixed

    Qualcomm Inc. asked a California federal judge Thursday to dismiss a proposed class action that claims the company misled investors about a possible takeover, calling shareholders' arguments a "distraction" that doesn't make the case that the company lied to or misled them.

  • June 26, 2020

    Calif. AG Blasts Sutter's Bid To Delay $575M Deal Amid Virus

    California's attorney general has urged a state court not to postpone final approval for Sutter Health's $575 million antitrust settlement, arguing that any COVID-19 impacts on the hospital system can be assessed after the deal is cleared.

  • June 26, 2020

    Texas Justices End Air Ambulance Co.'s Insurance Fee Fight

    The Texas Supreme Court on Friday reinstated a decision in favor of Texas Mutual Insurance Co. in a dispute over reimbursements with an air ambulance company, finding that the state's workers' compensation reimbursement schedule is not preempted by federal law because it regulates the "business of insurance," not air carriers.

  • June 26, 2020

    Snubbed CRT Buyers Can't Delay Deals' Approval

    A California federal judge has refused to delay the approval of more than $500 million worth of price-fixing settlements between certain groups of cathode ray tube buyers and electronics companies, rejecting a request from CRT buyers who were excluded from the settlement class.

  • June 26, 2020

    Data Scraper Asks High Court To Leave LinkedIn Ruling Alone

    Data analytics startup hiQ Labs Inc. has urged the U.S. Supreme Court not to review a Ninth Circuit ruling that made way for the startup to scrape LinkedIn's publicly available information in order to resell it, arguing that the appeals court's reading of the Computer Fraud and Abuse Act to exclude viewing and gathering public information is correct.

  • June 25, 2020

    Cities May Seek Statewide UCL Relief, Calif. Justices Say

    The California Supreme Court ruled Thursday that city and county prosecutors can seek statewide relief for Unfair Competition Law violations, even if the conduct occurs outside their jurisdiction, reversing a lower court decision in a case alleging Teva, AbbVie and other drugmakers conspired to delay generic competition.

  • June 25, 2020

    5th Circ. Won't Revive Suit Against Allergy Advocacy Group

    A Fifth Circuit panel has refused to revive a remote allergy treatment provider's suit accusing a patient advocacy group of participating in an anti-competitive scheme to squeeze it out of the market, finding the case lacks evidence of a conspiracy.

  • June 25, 2020

    AbbVie, FTC Tussle Over High Court's View On Disgorgement

    AbbVie and the Federal Trade Commission are both pointing to a U.S. Supreme Court decision this week on securities fraud to boost their arguments in the Third Circuit over a $448 million disgorgement order against the drugmaker.

  • June 25, 2020

    EU Greenlights €6B German Aid To Lift Lufthansa

    The EU's competition watchdog on Thursday approved a €6 billion ($6.74 billion) aid package from the German government to pour capital into Lufthansa's parent company in response to COVID-19.

  • June 25, 2020

    House OKs Extension For Expired Antitrust Leniency Perks

    The U.S. House of Representatives on Thursday passed a bill seeking to permanently extend a recently expired program that can reduce damages in private cases for companies that receive leniency from the U.S. Department of Justice in criminal antitrust investigations.

Expert Analysis

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Chilling Tech M&A Could Hurt Competition

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    Mergers and acquisitions contribute substantially to Big Tech's ability to be nimble, enter new spaces and create competition, which is important to keep in mind as antitrust agencies and politicians consider policies that may deter M&A, says Sergei Zaslavsky at O'Melveny.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

  • Libra, Fedcoin Could Competitively Threaten Payment System

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    Libra's apparent decision to move forward with its launch, along with the Federal Reserve's potential development of Fedcoin, might result in a reshaping of the global payments system that could raise possible anti-competitive concerns, says Marc Martos-Vila at Econ One.

  • 11 Keys To Success At Remote Mediation

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    Attorneys should accept that remote mediation may be their only current option for resolving a dispute and take steps to obtain a fantastic outcome for their clients, including making sure the right people attend the remote mediation and beginning the session with an apology, says Eric Meyer at FisherBroyles.

  • FDA Opens Useful Dialogue On Orange Book Patent Listings

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    The U.S. Food and Drug Administration's recent request for comment on Orange Book patent listing requirements acknowledges the increasing complexity and interrelatedness of drug product technologies and is a step in the right direction toward clarifying these issues for the pharmaceutical industry, say attorneys at Cooley.

  • Health Mergers May Face Antitrust Hurdles Amid Pandemic

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    Some health care providers may see mergers with other health systems as the only way to remain viable during COVID-19, but federal agencies are maintaining strict standards for antitrust review, and interplay with bankruptcy laws could create further complications, say Kevin Hahm and Matthew Jenkins at Hunton.

  • Pandemic Could Bring Student Exodus From Legal Profession

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    A recent survey shows that law and prelaw students have serious concerns about the quality and value of remotely provided legal education, and rapid action from the legal community is necessary to prevent promising young people from leaving in favor of other professions, says Mehran Ebadolahi at TestMax.

  • The Privilege Implications Of Using Online Collaboration Tools

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    While few courts have addressed the attorney-client privilege or work-product doctrine in the context of online collaboration tools, existing case law supports five best practices as organizations increasingly use these tools in the COVID-19 era, say Christopher Campbell and Marcus Sandifer at DLA Piper.

  • Highlights From OECD Roundtable On Data Rights In Antitrust

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    Last week, the Organization for Economic Cooperation and Development held an off-the-record roundtable on consumer data rights and competition. Pauline Tang at Axinn reviews the publicly available presentations from the OECD secretariat, the United States, European Union, United Kingdom and Japan.

  • Calif. High Court Could Limit DA Enforcement Actions

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    The California Supreme Court's upcoming decision in Abbott Laboratories v. Superior Court could have far-reaching implications for local district attorneys' enforcement of claims under the Unfair Competition Law and for companies that defend against UCL actions, says Patrick Burns at Hanson Bridgett.

  • The Compliance Risks Facing Companies That Use Chat Apps

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    With expanded remote work practices, it is now more important than ever for companies to implement data retention policies that address ephemeral messaging platforms such as Snapchat and WhatsApp, as this technology may be used to facilitate unlawful conduct and spoliation of evidence, say attorneys at K&L Gates.

  • Confronting Mental Distress In The Legal Profession

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    Even before the pandemic, troubling data about mental distress among lawyers pointed to a profession in crisis, but addressing the challenge requires a better understanding of the causes, says Jonathan Prokup at Cigna Corp.

  • Highlights From OECD Roundtable On Killer Acquisitions

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    Last week, the Organization for Economic Cooperation and Development held an off-the-record roundtable on startups, killer acquisitions and merger control. Angelina Whitfield at Axinn reviews some of the public statements made by speakers concerning regulators' mechanisms for assessing competitive harm from these transactions.

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