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Competition

  • June 11, 2019

    FTC Wants More Info On $4.8B Roche Buy Of Swiss Gene Co.

    The Federal Trade Commission wants more information before it decides whether to sign off on Swiss pharmaceutical company Roche’s $4.8 billion plan to buy gene therapy company Spark Therapeutics.

  • June 11, 2019

    Ex-Deutsche Banker Helped Rig Euribor For Profit, SFO Says

    A former Deutsche Bank trader conspired with other bankers to rig key benchmark interest rates to rip off the bank's trading partners by gaining a dishonest edge on huge financial deals, Serious Fraud Office prosecutors told a London jury on Tuesday.

  • June 10, 2019

    What To Expect In Media Ownership Arguments At 3rd Circ.

    The Federal Communications Commission will defend the most recent relaxation of its media ownership rules at the Third Circuit on Tuesday, squaring off against public interest advocates who say the agency pared back needed safeguards and brushed off ideas to promote diversity in the broadcast business.

  • June 10, 2019

    Firms Seek $1.1M In Fees For Deal On Comcast Set-Top Boxes

    Begley Carlin & Mandio LLP, NastLaw LLC and Wexler Wallace LLP urged a federal court in Philadelphia on Friday to approve $1.1 million in fees on top of a $15.5 million class action settlement between Comcast and subscribers who claim the company unlawfully forced them to rent set-top boxes from the cable company.

  • June 10, 2019

    Toshiba, Canon To Pay $5M For Merger Clearance Violation

    Canon and Toshiba agreed to pay $2.5 million each to settle U.S. Department of Justice allegations that they skirted their obligation to notify U.S. antitrust enforcers before Canon acquired Toshiba Medical Systems in 2016 for about $6 billion, the DOJ said on Monday.

  • June 10, 2019

    Raytheon, UTC Claim 'Very Little Overlap' For Antitrust

    Executives from Raytheon and United Technologies expressed confidence Monday that their massive all-stock merger will obtain regulatory approval early next year, arguing the companies' aviation and defense businesses are "complementary" rather than competitive, and thus pose little antitrust concern.

  • June 10, 2019

    Swipe Fee Counsel Seek $604M In Fees, Final Settlement OK

    A class of merchants that sued Visa, Mastercard and a group of banks over card swipe fees has asked a Brooklyn federal judge to put her stamp of approval on a "historic" multibillion-dollar settlement and to approve a $604 million fee award.

  • June 10, 2019

    High Court Won't Review Atty Fees Fight In Noncompete Suit

    The U.S. Supreme Court turned away a bid from former Kelly Services employees on Monday to review a Sixth Circuit decision preventing a jury from deciding whether they had to cover attorney fees the company incurred in a dispute over their noncompete agreements.

  • June 10, 2019

    Thermo Fisher Drops $925M Gatan Deal Under UK Pressure

    Microscope supplier Thermo Fisher Scientific Inc. on Monday said it is no longer pursuing a purchase of California-based competitor Gatan Inc. after Britain’s antitrust authority said it may block the proposed $925 million deal due to concerns over competition.

  • June 10, 2019

    Snap Investors Lob New Class Cert. Bid In Suit Over IPO

    Investors alleging Snapchat parent Snap Inc. misrepresented user growth and engagement in documents related to its initial public offering urged a California federal court on Friday to certify a class of investors, less than a year after they first sought class status in the suit.

  • June 10, 2019

    Ex-Deutsche Bank Exec Faces Euribor-Rigging Trial In London

    Prosecutors for the Serious Fraud Office are due to open their case Tuesday against a former Deutsche Bank director accused of conspiring to rig a key benchmark interest rate used to price trillions of dollars of securities. 

  • June 10, 2019

    Pension Trustees Must Seek Best Deal Under New CMA Rules

    Pension trustees must now shop around and run tenders when choosing consultants to manage the £1.6 trillion ($2 trillion) of retirement assets they hold, Britain’s antitrust watchdog said Monday, in the final stage of a shake-up of competition in the retirement advice sector.

  • June 7, 2019

    Power Generators Beat Energy Cost Antitrust Claims

    A Massachusetts federal court on Friday threw out a proposed class action brought by a small electricity reseller that alleged Eversource Energy and Avangrid Inc. had artificially inflated wholesale power prices, deciding the allegations improperly targeted rates set by the Federal Energy Regulatory Commission.

  • June 7, 2019

    Dental Suppliers Colluded To Avoid ‘Price War,’ FTC Says

    Federal Trade Commission staffers urged an agency administrative law judge Friday to impose a series of remedies on the U.S.’ three dominant dental suppliers, asserting in closing arguments that communications between their executives confirmed the firms colluded against buyers that pooled resources to negotiate lower prices.

  • June 7, 2019

    Meet The Top Attys In AbbVie's Antitrust Battle Royal

    Powerhouse plaintiffs lawyers and BigLaw brawlers are set for a rowdy antitrust battle over AbbVie’s alleged scheme to protect the market for its immunosuppressant Humira, the world’s best-selling drug, by cultivating an impenetrable “patent thicket” and engaging in devious horse-trading with biosimilar makers. Here, Law360 looks at the top attorneys who will shape the case's fate. 

  • June 7, 2019

    Janssen OK With Combining Zytiga Suits If They're Sent To NJ

    Janssen Biotech told a Virginia federal court that it's fine if several proposed classes want to combine their suits accusing the pharmaceutical company of delaying the entry of a generic version of its prostate cancer drug Zytiga, as long as the case gets moved to New Jersey.

  • June 7, 2019

    SF Taxi Group Can't Stop City's Airport Pickup Rules

    A California federal judge has denied taxi drivers' request to quash a regulation allowing only certain drivers to service passengers from San Francisco International Airport, rejecting claims of "economic protectionism."

  • June 7, 2019

    States Call For Unredacting Of Their Generic-Drug Pricing Suit

    The attorneys general of 44 states and Puerto Rico want a Pennsylvania federal judge to make public an unredacted version of their suit accusing major drugmakers of orchestrating a sprawling scheme to fix the price of generics, saying the suit’s subject matter was of "paramount public significance."

  • June 7, 2019

    Oncology Co. Wants Noncompete Suit Paused For Ch. 11 Fight

    21st Century Oncology Holdings Inc. asked a Florida federal court late Thursday to pause an antitrust suit by oncologists over noncompete agreements while a bankruptcy court considers the cancer treatment company's motion to enforce a Chapter 11 confirmation plan it says eclipses the oncologists' suit.

  • June 7, 2019

    DC Circ. Sides With Google, But Warns Immunity Has Limits

    The D.C. Circuit ruled Friday that Google and other tech giants are immune from a lawsuit that claimed they allowed “scam” retailers to appear in search results in an effort to boost ad revenue, but the court warned that such immunity is “not limitless.”

  • June 7, 2019

    Bankruptcy Tech Co.'s New Owner Kept Up Scam, Client Says

    A New Jersey software consulting company is suing the owners of a bankruptcy software provider, saying they maintained a conspiracy with their competitors to artificially inflate fees for using software and services in Chapter 7 bankruptcy cases.

  • June 7, 2019

    IBM Scraps Mainframe Deal With Deutsche Telekom

    Germany’s antitrust authority said Friday that IBM Deutschland has abandoned its plan to buy a mainframe service business from Deutsche Telekom AG after regulators found the combination could hurt competition in markets Europe-wide.

  • June 6, 2019

    AbbVie Development Partner Hits Back At $31M FTC Penalty

    A testosterone replacement therapy development partner of AbbVie Inc. told the Third Circuit late Wednesday that it should deny an appeal from the U.S. Federal Trade Commission seeking increased disgorgement of illegal profits in an anti-competition action because the company never received the royalties at issue in the case.

  • June 6, 2019

    Snoop Dogg-Backed Pot Co. Accused of Conning Credit Cards

    Eaze, a Snoop Dogg-backed cannabis delivery company, has been accused of conning unwitting banks and credit card companies into processing payments for pot products in a lawsuit filed in California state court by a competing delivery company.

  • June 6, 2019

    Takeda Bid To DQ Baker Botts 'Spurious At Best,' Judge Says

    A New Jersey federal judge isn't buying Takeda Pharmaceutical Co.'s argument that it believes it is entitled to attorney-client privilege from Baker Botts after the law firm represented the drugmaker's co-plaintiff in a previous patent case.

Expert Analysis

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Opinion

    Oil Cartel Bill's Passage Is Long Overdue

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    The No Oil Producing and Exporting Cartels Act has been reintroduced in Congress, and the oil market conditions that spurred this needed legislation in 2000 are just as widespread today — but so are the inaccurate criticisms of this bill, says attorney Seth Bloom, who drafted the original version of NOPEC.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Examining The Evidence On VIX Manipulation

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    An ongoing multidistrict litigation alleges manipulation of the formula used to determine the settlement price for derivatives based on the Chicago Board Options Exchange’s volatility index. But a review of trading data reveals how reasons other than manipulation can explain trading activity on any given day, say consultants with Analysis Group.

  • High Court Clarifies Standards For Antitrust Claims

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    The primary practical implication of the U.S. Supreme Court's ruling Monday in Apple v. Pepper is that the court's Illinois Brick precedent remains an obstacle to federal antitrust claims for damages, but that its scope arguably has been limited, say attorneys at Skadden.

  • What Fed. Circ. False Ad Ruling Means For Section 337 Claims

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    Though the Federal Circuit's decision in Amarin v. U.S. International Trade Commission mandates careful drafting of Food, Drug and Cosmetics Act-related Section 337 claims under the Tariff Act, it arguably leaves the door open for creative litigants to raise claims for less common "unfair acts," say attorneys at Ropes & Gray.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • What Gov't Outsourcing Ruling Means For Investigations

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    A New York federal court's recent decision in U.S. v. Connolly is a warning to prosecutors against outsourcing their investigations to companies and outside counsel, but it should also be used by companies to determine the framework for internal investigations, says Rachel Maimin of Lowenstein Sandler.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.

  • Rebuttal

    What HHS Questions About Negotiated-Rate Disclosure Mean

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    A recent Law360 guest article appears to conflate questions the U.S. Department of Health and Human Services asked about potential disclosure of payer-negotiated health care rates with an Affordable Care Act provision, and neglects to reference contemporary data on hospital price growth, says Melinda Hatton of the American Hospital Association.

  • Pitfalls To Avoid As Cannabis M&A Takes Off

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    Although 2019 is shaping up to be a banner year for mergers and acquisitions in the cannabis industry, parties must be mindful of the particular challenges of these deals, such as often contradictory regulatory regimes, significant stock price volatility and inflated valuation metrics, says John Bessonette of Kramer Levin.

  • 5 Myths In Legal Crisis Communications

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    Having worked at a boutique law firm, a crisis communications agency and in BigLaw, I have identified a number of common misconceptions across these disparate business models when it comes to crisis and litigation communications, says Robert Gemmill of Hogan Lovells.

  • Opinion

    Keep Increasing Pressure Against Noncompetes

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    Arguments made by defenders of noncompetes are based on old assumptions about labor markets that economists have begun to abandon, says Eric Posner of MoloLamken.

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