Competition

  • May 29, 2020

    DOJ, Doormaker Defend Private Tie-Up Challenges At 4th Circ.

    The importance of private litigants to U.S. antitrust enforcement was a significant part of oral arguments on Friday, as the U.S. Department of Justice and a doormaker urged the Fourth Circuit not to upend a first-of-its-kind divestiture order against a rival company.

  • May 29, 2020

    Monthly Merger Review Snapshot

    Deals in the airline bookings and textbook industries crumbled last month amid scrutiny from authorities in the U.S. and U.K., while enforcers cleared a slew of deals with conditions across a range of other sectors. Here's a look at the major merger review developments from May.

  • May 29, 2020

    Pharma Suppliers Appeal CMA Action Over UK Market Rig

    A pharmaceutical company and a former pharma executive have appealed the fines imposed on them by the UK's antitrust regulator for allegedly rigging the drug market's supply of an antidepressant drug.

  • May 29, 2020

    Pet Products Maker Accused of Monopolizing Online Market

    Pet products maker Ceva Animal Health LLC was hit with an antitrust lawsuit from a former distributor, which claimed the company wrongfully obtained more than 75 percent of the online market for pheromone-based pet behavior products by intentionally damaging pet store sales and undercutting its erstwhile partner for online sales.

  • May 29, 2020

    Investors' Forex-Rigging Claims Against Banks Narrowed

    Hundreds of investors accusing banks of plotting to manipulate foreign exchange rates can move ahead with the bulk of their antitrust suit, a New York federal judge has ruled, while also limiting the claims they are allowed to pursue.

  • May 29, 2020

    Lye Makers Want Out Of National Consolidated Antitrust Suit

    Lye makers who stand accused of working together to inflate the price of their caustic product have a laundry list of reasons they think the freshly consolidated antitrust suit against them dissolves under scrutiny.

  • May 29, 2020

    Farmers Want To Delay Peanut Price-Fix Trial Over COVID-19

    Farmers and companies suing three of the largest players in the U.S. peanut shelling industry are asking a Virginia federal judge to postpone the start of their mid-January price-fixing trial for at least four months, citing coronavirus-related discovery challenges and an overlap with another case.

  • May 28, 2020

    Express Scripts Loses Bid To Probe Emails In Antitrust Case

    Express Scripts Inc. may not use an "overbroad" discovery request to dig through years of emails belonging to a consultant for an Illinois city that filed a proposed class action over drugmaker Mallinckrodt's purported scheme to drive up the cost of a hormone treatment, an Illinois federal judge has ruled.

  • May 28, 2020

    Constellation Revises Gallo $1B Deal Again To Placate FTC

    Constellation Brands said Thursday it has removed yet another alcohol brand from the menu of its partial portfolio sale to E. & J. Gallo Winery to address Federal Trade Commission antitrust concerns, revising a deal that was once valued at $1.7 billion down to just over $1 billion.

  • May 28, 2020

    Feds Say Virus No Basis For Ex-Bumble Bee CEO To Skip Jail

    Prosecutors who secured the price-fixing conviction of former Bumble Bee CEO Chris Lischewski have panned the 59-year-old's assertion that jail time presents a threat to his life during the coronavirus pandemic, arguing he's not in a high-risk category and deserves no special treatment. 

  • May 28, 2020

    Pharma Cos. Slam Cert. Bid In Diabetes Drug Price-Fixing Suit

    A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers claiming the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.

  • May 28, 2020

    DOJ Clears Satellite Cos. Merger With Conditions

    Global electronic components maker Communications and Power Industries LLC clinched U.S. Department of Justice approval Thursday to acquire a business unit of General Dynamics Corp. for $175 million, as long as the California-based company sells its satellite business subsidiary.

  • May 28, 2020

    Poultry Cos. Say Crisis Response First, Price-Fix Depos Later

    Chicken producers facing allegations of a sweeping price-fixing conspiracy have pushed back on poultry buyers' bid to get some depositions back underway, arguing they can't adequately prepare witnesses while straining to brace a food supply chain rocked by the pandemic.

  • May 28, 2020

    Anadarko Can't Duck Wyoming Landowners' Antitrust Suit Yet

    Anadarko Petroleum Corp. hasn't mounted a strong enough case to convince a Wyoming federal court to dismiss claims that the company has been collecting drilling permits it doesn't intend to use in order to keep others from profiting off certain swaths of land.

  • May 28, 2020

    FDA Asks Full DC Circ. To Undo Eagle's Orphan Drug Win

    The U.S. Food and Drug Administration urged the full D.C. Circuit Wednesday to reconsider a panel's ruling that multiple manufacturers of a drug that treats the same rare medical condition are entitled to marketing exclusivity, arguing the decision giving Eagle Pharmaceuticals exclusivity over its blood cancer drug Bendeka is erroneous.

  • May 28, 2020

    Truck Biz Wants Price-Fix Suits Against Oil Cos. Linked

    A trucking company accusing two oil-trading firms of fixing gas prices is asking a California federal judge to tie three more recently filed but similar suits to its own complaint, saying the proposed class actions belong together.

  • May 28, 2020

    EU Waives Fix For Takeda's £46B Shire Deal

    Europe's competition watchdog said Thursday that Takeda Pharmaceutical Co. Ltd. will not have to sell a biologic drug it agreed to shed for approval of its £46 billion ($56.7 billion) purchase of Shire PLC because changes in circumstances have made it unnecessary.

  • May 28, 2020

    Titan Of The Plaintiffs Bar: Cohen Milstein's Daniel A. Small

    Daniel A. Small, known today as one of the country's most respected litigators in antitrust class actions, never took an antitrust course in law school. In fact, Small had no intention of becoming a lawyer at all when he was starting his career. After earning his history degree, he took a gig teaching middle schoolers at a New York boarding school.

  • May 28, 2020

    Calif. Law Firm Hits Google With Antitrust Suit Over Ads

    A California law firm and two other businesses filed a class action against Google and its parent company, Alphabet Inc., on Wednesday, claiming the companies had established a monopoly in online display advertising.

  • May 27, 2020

    Non-Medical Faculty Launch Own Duke No-Poach Suit

    The same attorneys who signed a $54.5 million settlement with Duke University over its alleged deal not to poach University of North Carolina medical school faculty filed a new proposed class action against Duke on Wednesday alleging that the schools' no-poach arrangement covered non-medical faculty as well.

  • May 27, 2020

    Tech Giants Beat Conservatives' Free Speech Suit At DC Circ.

    The D.C. Circuit on Wednesday affirmed the dismissal of a conservative group's $1.5 billion lawsuit accusing Twitter, Facebook, Apple and Alphabet's Google of violating the First Amendment and antitrust statutes by censoring conservative content, finding the suit fails to state a claim on all fronts.

  • May 27, 2020

    Judge Won't Fast-Track Vegas Sun's Antitrust Row With Rival

    A Nevada federal court on Tuesday rejected a bid from the Las Vegas Sun to fast-track its suit accusing rival daily newspaper the Review-Journal and billionaire owner Sheldon Adelson of trying to monopolize the local newspaper market and snuff out an alternative voice in the city.

  • May 27, 2020

    'Apocalyptic' Virus Merger Args Won't Work, FTC Official Says

    The head of the Federal Trade Commission's competition bureau warned merging parties on Wednesday that "failing firm" defenses of otherwise anti-competitive transactions will continue to fall on skeptical ears amid the COVID-19 pandemic and its economic fallout.

  • May 27, 2020

    CRT Buyers Hit Back At Bid To Stop $577M Deals At 9th Circ.

    Cathode ray tube buyers are coming out swinging against a "contorted and baseless" challenge to $576.8 million in price-fixing settlements they have cut with manufacturers, telling the Ninth Circuit it can't touch the matter until the deals have been finalized.

  • May 27, 2020

    Convicted Ex-Bumble Bee CEO Dodges Civil Suit For Now

    A California federal judge on Tuesday tossed a Kansas wholesale distributor's canned tuna price-fixing claims against convicted former Bumble Bee Foods CEO Chris Lischewski, saying the suit doesn't sufficiently connect his actions to the filing jurisdiction, but would allow the distributor to try again in another 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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