Competition

  • May 27, 2020

    Titan Of The Plaintiffs Bar: Berger Montague's Eric L. Cramer

    The chairman of Philly-based Berger Montague was in California to represent direct buyers accusing capacitor manufacturers of a price-fixing conspiracy when a San Francisco federal court decided to suspend all jury proceedings following the coronavirus outbreak.

  • May 27, 2020

    Taiwan Antitrust Agency Clears Mylan, Pfizer Unit Deal

    Taiwan's antitrust agency cleared pharmaceutical company Mylan's merger with Upjohn, a current Pfizer division that sells generics and off-patent drugs like Viagra, Lipitor and Xanax.

  • May 27, 2020

    All-Star Gym Hits Cheerleading Org. With Antitrust Suit

    A California competitive cheerleading gym filed a class action suit against sport giant Varsity Brands LLC and the sport's governing body, U.S. All Star Federation Inc. (USASF), on Tuesday, claiming the two entities worked together to monopolize the all-star cheer competition and apparel market.

  • May 27, 2020

    $750M Namenda Deal OK'd But 21% Atty Fee Request In Doubt

    A Manhattan federal judge on Wednesday approved a landmark $750 million settlement over allegations that an Allergan PLC subsidiary thwarted generic competition for its Alzheimer's drug Namenda, but cast doubt on awarding $157 million in attorney fees, calling the figure "astronomically large."

  • May 27, 2020

    NatWest Ducks Libor-Rigging Case After Missed Deadline

    A trust for the owners of a luxury travel business cannot fight NatWest for more than £8 million ($9.8 million) over an interest rate scandal that rocked British lenders, as a judge said Wednesday that the lawsuit had been filed 13 days late.

  • May 26, 2020

    Pfizer, Mylan Can't Quickly Appeal EpiPen RICO Class Cert.

    EpiPen manufacturer Pfizer and distributor Mylan cannot immediately appeal a Kansas federal judge's certification of a nationwide class under the Racketeer Influenced and Corrupt Organizations Act in multidistrict litigation over the price of the emergency allergy treatment, the Tenth Circuit ruled Tuesday, finding the district court's conclusions "well-supported."

  • May 26, 2020

    Latest Deals In Libor Suit Boost Lenders' Recovery To $35M

    A Manhattan federal judge signed off Tuesday on settlements worth $4 million between lenders who accuse a group of global banks of rigging Libor and three of the defendant banks, JPMorgan Chase, Bank of America and UBS, bringing the lenders' total recovery to $35 million.

  • May 26, 2020

    Shkreli, Vyera Look To Duck Monopolization Claims

    Martin Shkreli and a company that the incarcerated former pharmaceutical executive founded have urged a New York federal court to toss allegations from state and federal enforcers that they monopolized the market for a drug used to treat potentially fatal parasitic infections.

  • May 26, 2020

    Tyson Asks To Be Named Victor In Antitrust Suit

    Tyson Chicken is asking to be declared the winner in a battle with a flock of chicken farmers who have accused the company of flouting antitrust laws by using a secretive tournament-style process to decide who gets paid what.

  • May 26, 2020

    Ryanair Challenges Lufthansa's €9B Bailout Package

    Ryanair said it would challenge the German government's decision to bail out Lufthansa for €9 billion, or $9.8 billion, saying Tuesday the move would "further strengthen Lufthansa's monopoly-like grip on the German air travel market."

  • May 26, 2020

    Mallinckrodt Wants More Cuts To Seizure Drug Price Suit

    Mallinckrodt has asked a California federal judge to cut more antitrust claims from Humana's $700 million price-gouging lawsuit over an infant seizure syndrome treatment, claiming the insurer yet again defined the market too narrowly.

  • May 26, 2020

    Investors Seek To Wrap $95M Deal On Bond Price-Fix Claims

    Investors accusing Bank of America, Deutsche Bank and HSBC of rigging the market for bonds issued by foreign governments are urging a New York federal court to approve a proposed allocation of the $95.5 million in settlements reached with the banks over the proposed class action.    

  • May 26, 2020

    EU Probe Puts Air Canada's Transat Deal In Holding Pattern

    European regulators are putting Air Canada's $544 million deal to acquire Transat under a microscope because the two airlines fly many of the same routes between Canada and Europe, leading to worries that merging them could reduce competition for transatlantic air travel.

  • May 26, 2020

    EU Approves Dutch Plan To Bolster Trade Credit Insurance

    The European Commission has signed off on plans by the Netherlands to guarantee trade credit insurance to offer protection against a wave of company insolvencies as COVID-19 lockdowns begin to ease.

  • May 26, 2020

    Daimler, Shipper Settle Vehicle Cartel Dispute In UK

    Daimler has settled its claims accusing the European arm of Tokyo-based shipper NYK of participating in a plot to fix the price of cargo services for vehicles, a conspiracy the automaker said has cost it $187 million in damages.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Ex-Bumble Bee CEO Set For June In-Person Sentencing

    A California federal judge outlined new coronavirus-related courtroom protocols on Friday for when he holds an in-person sentencing for Bumble Bee's former CEO next month, saying plexiglass barriers are going up in the courtroom, the hearing will be limited to 10 attendees and all must take elevators individually and wear masks.

  • May 22, 2020

    COVID-19 IP Catch-Up: Courts Divided On Getting IP To Trial

    Intellectual property proceedings impacted by the COVID-19 pandemic have been pressing along on different timelines throughout the country, with live oral arguments resumed for a case in Michigan, trials further delayed in California and witnesses allowed to stay home in New York. The Federal Circuit, taking the state-by-state unpredictability into account, has called off in-person arguments indefinitely. 

  • 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.

Expert Analysis

  • A Musical Solution For Negotiating Wireless FRAND Rates

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    As adopters of wireless standard-compliant technology and standard-essential patent owners navigate 5G connectivity, coupled with ongoing litigation on fair, reasonable and nondiscriminatory licensing terms, they should take a cue from the music industry on a transparent two-part solution to rate-setting, says John LeRoy at Brooks Kushman.

  • Virtual Caucuses Can Improve The Mediation Process

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    Both during the current crisis and in the future, integrating virtual, private caucuses between the mediator and each party into the mediation timetable would create an overall superior process, says mediator Marc Isserles at JAMS.

  • Antitrust Pitfalls For Suppliers In A Constrained Market

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    Suppliers compelled to make hard decisions concerning product allocation during the pandemic must take precautions because these constrained supply conditions could create market power and restrict a supplier's lawful alternatives, say attorneys at Akerman.

  • What All Attorneys Can Learn From Female Rainmakers

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    Soon lawyers may find an unrecognizable competitive landscape in which most firms will be vulnerable — if they don't rapidly start upgrading their client development tactics to ones like those used by female rainmakers, says marketing consultant Craig Levinson, who recently interviewed Jennifer Trock, Desiree Moore and Debra Fischer about their secrets to success.

  • A Tale Of Two Antitrust Leniency Programs: Hong Kong Vs. US

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    The Hong Kong Competition Commission recently announced sweeping changes that make its antitrust leniency program in some ways more progressive than the U.S. program, offering greater protection to both companies and individuals that obtain leniency, say attorneys at Reed Smith.

  • High Court Booking.com Case Highlights Stale TM Test

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    In Monday's oral arguments for the U.S. Supreme Court Booking.com case, the justices' struggle over whether adding ".com" to a generic term renders the term a protectable trademark suggests that the tests for determining genericism were not designed to work flawlessly in the internet context, say attorneys at Arnold & Porter.

  • 4 Takeaways From 3rd Circ. Classwide Antitrust Injury Ruling

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    The Third Circuit's recent holding in the Lamictal class action — that every plaintiff must be able to show antitrust injury through evidence common to the class — has several important implications for parties litigating the predominance requirement, say attorneys at V&E.

  • The 1st COVID-19 Prosecutions Under Defense Production Act

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    Based on two complaints recently filed by prosecutors in the Eastern District of New York, it is not clear how the government believes the Defense Production Act's use of the phrase "prevailing market prices" should be understood, says Dylan Smith at Freeborn & Peters.

  • Promoting Lawyer Well-Being Is More Essential Than Ever

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    As the COVID-19 pandemic profoundly tests the overall well-being of lawyers, firms with behavioral health programs can leverage or adapt many existing resources to respond to the crisis, while firms without formal programs can find little ways to make a big difference, says Krista Larson, director of employee well-being at Morgan Lewis.

  • Cos. Must Prep For Potential Federal Price-Gouging Regs

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    As Congress considers several bills to address gaps in state price-gouging laws, businesses not currently subject to regulation should anticipate liability and take measures to deter, detect, avoid and respond to enforcement, say attorneys at ​​​​​​​Buchanan Ingersoll.

  • Remote Depositions Bring Ethics Considerations For Lawyers

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    Utilizing virtual litigation technologies and participating in remote depositions require attorneys to beware of inadvertently violating their ethical obligations, including the principal duty to provide competent representation, say attorneys at Troutman Sanders.

  • Sellers, Anticipate Novel Calif. Price-Gouging Class Actions

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    Because the California price-gouging statute could create massive liability amid the pandemic and is amenable to class treatment, platforms and retailers throughout the supply chain should take steps now, including documentation and proactive communication, to minimize their risk, say Chris Wheeler and David Hofmayer at Farella Braun.

  • Early Pandemic-Related Shifts We're Seeing In Legal Finance

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    As law firms chart their paths forward during these unsettled times, litigation funders are already observing changes in the types of products firms are seeking, such as an increase in one-off case funding requests, says Eric Blinderman at Therium.

  • Opinion

    The Death Of The LSAT

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    Over the last year, the LSAT has been anything but unflappable — it has not been the objective, standardized law school entrance exam it's supposed to be, say soon-to-be law student Elliot Fuchs and attorney Saul Bienenfeld.

  • Examining Startup Investors' Thoughts On Big Tech's Power

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    At a recent workshop, the U.S. Department of Justice hoped to learn from the venture capital community about disruptive innovation and whether large tech companies' dominance is too great, and the tensions between consumer welfare, pricing, large business interests and competition were apparent throughout, says Jennifer Oliver at MoginRubin.

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