Competition

  • May 22, 2020

    FTC Attys Talk COVID-19's Impact On Hospital M&A Oversight

    Hospitals reeling from COVID-19's financial body blow might pursue consolidation to regain their balance, but pocketbook pain will need to be serious to have any chance of offsetting competition concerns, top Federal Trade Commission attorneys told Law360 in an exclusive interview.  

  • May 22, 2020

    Pfizer, Ranbaxy Sued Over Delay Of Generic Lipitor

    Pfizer Inc. and Ranbaxy Inc. were hit Friday with a proposed class action alleging drug wholesalers overpaid billions of dollars for the high-cholesterol medicine Lipitor because of a purported pay-for-delay scheme to stifle generic competition.

  • May 22, 2020

    Ex-GE Workers Accused Of Forgery In Angola Energy Deals

    Former General Electric employees are accused of forging and Photoshopping documents related to energy contracts in Angola and undermining a local business partner's $1.1 billion government contracts as part of a cover-up, according to a complaint filed in New York federal court.

  • May 22, 2020

    Brewer Says It Fixed Case Against AB InBev, Molson

    A Wisconsin brewery says it's prepared a new antitrust complaint accusing Anheuser-Busch InBev and Molson Coors of restricting American beer exports to Ontario, Canada, that establishes direct connections between the defendants and the alleged collusion, a missing element that caused the previous complaint to get tossed in April.

  • May 22, 2020

    Virus Set To Extend Already Growing Merger Times

    The uncertainty of getting a merger vetted by antitrust authorities while COVID-19 ravages markets means companies will likely be giving themselves even more time to complete the deal, a cushion that one study indicates has already been growing to compensate for lengthening investigations.

  • May 22, 2020

    SEC Actions Point To 'Hyperfocus' On Disclosure Issues

    The U.S. Securities and Exchange Commission is clamping down on investment advisers and broker-dealers with wide-ranging initiatives and settlements that highlight a "hyperfocus" on disclosure issues, showing the regulator is determined to improve the ways firms communicate with clients, attorneys say.

  • May 22, 2020

    Philly Hospital Fights Bid To Quash Subpoena In Merger Case

    Albert Einstein Healthcare Network has told a Pennsylvania federal court that it needs documents from an area nursing home operator to show they compete against each other as it tries to fend off a merger challenge from the Federal Trade Commission and the state.

  • May 22, 2020

    Ex-DOJ Enforcer Pozen Joins Clifford Chance Global Leaders

    A year after joining Clifford Chance to co-lead the firm's global antitrust practice, former Justice Department antitrust chief Sharis Pozen has been appointed for a two-year term on the firm's global leadership team.

  • May 22, 2020

    9th Circ. Urged To Undo Buyers' Cert. In Tuna Antitrust Fight

    The Washington Legal Foundation is backing a petition by the country's three largest tuna producers to vacate the certification of a consumer price-fixing class, telling the Ninth Circuit that a district judge erroneously allowed three separate classes of buyers to "manufacture" claims that they all suffered the same injuries.

  • May 22, 2020

    Instagram Promises To Purge Fake Reviews Amid UK Scrutiny

    Instagram has become the latest online platform to promise to take down fake and misleading product reviews in response to an ongoing British investigation that has already garnered cooperation from Facebook and eBay.

  • May 22, 2020

    Surescripts Can't Take FTC Monopoly Case To DC Circ. Yet

    Electronic prescription service Surescripts won't get the chance to have the D.C. Circuit answer two questions it says are vital to get sorted before the Federal Trade Commission's case accusing it of illegally maintaining a monopoly can move forward.

  • May 22, 2020

    NCAA Amateurism Under Fire As 9th Circ. Opens Door To Pay

    A recent Ninth Circuit ruling allowing colleges to provide athletes with more education-related benefits could set the stage for future litigation seeking to further loosen limits on compensation, as the NCAA moves forward with its own reforms.

  • May 22, 2020

    Try Again On Swipe Fee Limitation Dispute, Tribunal Told

    An appeals court ruled on Friday that the question of whether a retailer waited too long to sue Mastercard over its swipe fees has to go to trial, concluding that the facts require digging into before a decision on whether to toll the deadline.

  • May 21, 2020

    9th Circ. Ruling Threatens Online Filters, Justices Told

    The U.S. Supreme Court should review a Ninth Circuit decision that could undermine protections for online content filters, the Electronic Frontier Foundation said in an amicus brief Thursday. 

  • May 21, 2020

    Gray Urges Justices To Rein In 3rd Circ. On Media Ownership

    Gray Television has urged the U.S. Supreme Court to uphold the FCC's most recent media ownership deregulation and called for the justices to reverse the Third Circuit stance that the agency has not justified relaxing the long-standing limits on broadcast station ownership.

  • May 21, 2020

    CRT Makers Don't Want $542M In Deals Paused For Appeals

    Electronics makers gunning to finalize $542 million worth of price-fixing deals with cathode ray tube buyers have pressed a California federal court to forge ahead with the approval process even though appeals over the settlements are underway.

  • May 21, 2020

    Judge Finds Invisalign Maker Can't Dodge Monopoly Claims

    A Delaware federal judge has recommended the maker of popular teeth-straightening technology Invisalign should not escape a rival's antitrust suit alleging the company orchestrated an anti-competitive scheme to take over the market for clear aligners and the intraoral scanners used to make them.

  • May 21, 2020

    Drug Buyers' Retooled $34M Celgene Deal Wins Initial OK

    A New Jersey federal judge has given the preliminary green light to a $34 million deal between drug buyers and Bristol-Myers Squibb unit Celgene over allegations the drugmaker illegally monopolized a pair of cancer treatments.

  • May 21, 2020

    Contractor Says Financing Co. Helped Clients Skip Payments

    A Florida remodeling company that performs energy-efficient home improvements said that an outfit certified by the government to finance the projects has an unfair policy that allows customers to skip out on paying contractors, according to a proposed class action filed Wednesday in California.

  • May 21, 2020

    Tenneco Hit With Exhaust System Price-Fixing Suit

    A group of automotive dealerships has accused Tenneco Inc. and another car part maker of engaging in a conspiracy to raise prices of vehicle exhaust systems, according to a lawsuit filed in Michigan federal court Wednesday.

  • May 21, 2020

    Insulation Deal Crumbles Under Pressure From UK Watchdog

    Irish construction supply giant Kingspan Group has abandoned plans to snap up a rival's insulation business under mounting scrutiny from British competition authorities, the watchdog revealed Thursday.

  • May 20, 2020

    $34M MDL Fee Bid Needs 'Complete Reanalysis,' Judge Says

    A California federal judge told class counsel Wednesday she's going to do a "complete reanalysis" of their renewed bid for $34 million in fees for resolving battery price-fixing claims against Sony and others after the Ninth Circuit vacated her prior approval.

  • May 20, 2020

    Stoel Rives Snags Business Litigator From Perkins Coie

    Stoel Rives LLP has added an experienced commercial and antitrust litigator from Perkins Coie LLP to its San Francisco and Southern California offices, the firm has announced.

  • May 20, 2020

    Ga. Board Faces 11th Circ.'s 'Real Doubts' In SmileDirect Fight

    Georgia's dental board faced an at-times contentious Eleventh Circuit panel in oral arguments Wednesday as it fought to assert immunity for its members facing a SmileDirectClub lawsuit over a state rule that restricts the company's teledentistry business.

  • May 20, 2020

    Indicted Generic-Drug Exec Wants Case Tried In New York

    A former top pharmaceutical executive facing price-fixing charges from the U.S. Department of Justice has requested that the case be moved from Pennsylvania to New York federal court.

Expert Analysis

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Identifying Antitrust 'Safety Zones' During The Pandemic

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    Following the antitrust agencies' recent joint statement on the COVID-19 crisis, Kelly Lear Nordby and Michael McDonald at Berkeley Research Group outline the types of competitor collaborations and information exchanges that the agencies will not challenge — known as "safety zones" — and present a stylized example of possible competitive effects of a collaboration among competitors.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Highlights From The Virtual Antitrust Spring Meeting: Part 3

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    At the sessions of the American Bar Association's Antitrust Law Spring Meeting focused on consumer protection and privacy, coronavirus-related issues were top of mind for panelists, say attorneys at Perkins Coie.

  • COVID-19 Merger Moratorium Could Hamper Vital Innovation

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    The proposed Pandemic Anti-Monopoly Act's broad ban on M&A activity could stifle growth and innovations crucial for navigating the current health and economic crisis, thereby harming the very businesses, workers and consumers it aims to protect, say analysts at NERA and Tanisha James at Cooley.

  • Pandemic Presents Teamwork Test For Law Firms

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    To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

  • Highlights From The Virtual Antitrust Spring Meeting: Part 2

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    Attorneys at Perkins Coie break down the important issues discussed during the American Bar Association Antitrust Law Spring Meeting's sessions on merger enforcement in the technology and life sciences industries.

  • Opinion

    ITC Comcast Patent Ruling Shouldn't Be Overturned

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    Following the U.S. International Trade Commission's carefully determined ruling that Comcast stole TiVo intellectual property, Comcast may be hoping for a public interest exception from the ITC or an overruling from President Donald Trump — but the company is unlikely to succeed on either front, says David Balto, a former policy director at the Federal Trade Commission.

  • Minimizing Damages In Gov't Procurement Antitrust Cases

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    The U.S. Department of Justice has been employing an underutilized statute to seek treble civil damages in antitrust prosecutions involving government procurement, but there are ways companies can minimize the damages, says Juan Arteaga at Crowell & Moring.

  • 8 Tips For Retaining An Expert During COVID-19 And Beyond

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    Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

  • Highlights From The Virtual Antitrust Spring Meeting: Part 1

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    Comments made by representatives from federal and state antitrust agencies at the virtual sessions of the American Bar Association's 68th Antitrust Law Spring Meeting signal current and future enforcement priorities, say attorneys at Perkins Coie.

  • What It's Like To Move From Army JAG To BigLaw

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    Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • Takeaways From China's Antitrust Probe Of Music Industry

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    While China's competition authority recently suspended its investigation into the digital music industry, it is clearly strengthening its scrutiny of exclusive arrangements, say attorneys at Tian Yuan Law Firm.

  • Adapting Defense Strategy To Twombly Plausibility Standard

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    Very few litigators have altered the manner in which they practice since the U.S. Supreme Court adopted the new "plausibility" standard in Twombly and Iqbal, but providing courts with materials that can shine light on the plausibility of the purported facts in the complaint can lead to a successful motion to dismiss, say attorneys at Hunton.

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