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Competition

  • June 3, 2019

    Hausfeld, Podhurst Picked To Lead Salmon Price-Fixing Suit

    A Florida federal judge on Monday approved a request by direct purchasers of farm-raised salmon to appoint Hausfeld LLP and Podhurst Orseck PA as lead counsel to litigate their consolidated class antitrust suit against various North Atlantic salmon farms accused of illegal price fixing.

  • June 3, 2019

    UK Watchdog Mulling New Rules For Tech Mergers

    The U.K.'s competition authority said Monday it is looking to refresh its strategy for reviewing mergers within the digital sector, including dominant tech platforms such as Amazon and Google, and is asking interested parties to weigh in.

  • June 3, 2019

    Feds Can Help Grow Rural Broadband, Cable Group Tells FTC

    Despite robust broadband service around the country generally, Washington could take some concrete steps to facilitate delivery in rural areas where service is still lacking, a trade group for small internet service providers told the Federal Trade Commission on Friday.

  • June 3, 2019

    Proposed Classes Ask To Combine Janssen Antitrust Suits

    Four proposed classes suing Janssen Biotech for allegedly using sham patent litigation to keep a generic version of its prostate cancer drug off the market want a Virginia federal court to consolidate their suits so they can team up against the pharmaceutical giant.

  • June 3, 2019

    Convicted Health Care Fraudster May See Probation Trimmed

    A Miami health care agency owner who served 54 months in prison for a $48 million Medicare fraud may get out of the last three months of his probation if he advances $1,500 he is due to pay the government during that period, a federal judge suggested Monday.

  • May 31, 2019

    Heritage Pharma Admits Price Fixing, Aids DOJ Probe

    Heritage Pharmaceuticals has admitted conspiring to fix prices for a diabetes drug and has given prosecutors “substantial and ongoing cooperation” to assist a long-running criminal investigation involving other generic-drug makers, the U.S. Department of Justice said Friday.

  • May 31, 2019

    FTC’s Phillips Warns Against Restrictive M&A Rules

    Federal Trade Commission member Noah Joshua Phillips warned Friday against “overly aggressive legislation and regulation” that would impair mergers and acquisitions, arguing in a New York City speech that corporate takeovers, buyouts and investor pressure can yield consumer benefits and should be “fostered,” not restricted.

  • May 31, 2019

    View Internet Competitors Broadly, Think Tank Urges FTC

    A conservative-leaning think tank is urging the Federal Trade Commission to define high-speed internet services more broadly for the purposes of developing competition policy, saying the government's approach to the sector must keep pace with technology developments.

  • May 31, 2019

    Sprint-T-Mobile Promises Still Fall Short, CWA Says

    The Communications Workers of America told the Federal Communications Commission on Friday that recent commitments by T-Mobile and Sprint to get their proposed merger approved do not go far enough, and would still result in less competition in the broadband services market and would not lower prices.

  • May 31, 2019

    Dental Implant Boards Beat Antitrust Certifications Suit

    An Illinois federal judge dismissed a suit accusing a group of dental boards of intentionally blocking a competitor from securing the right to hand out specialist oral implantology certifications, saying the complaint did not show enough evidence of conspiracy.

  • May 31, 2019

    Texas Justices Won't Hear Beer Distribution Rights Row

    A trio of Texas craft brewers couldn’t convince the Texas Supreme Court to hear their argument that a state law barring beer producers from selling regional distribution rights for their products is unconstitutional.

  • May 31, 2019

    Monthly Merger Review Snapshot

    The U.S. Department of Justice is scrutinizing Centene and WellCare’s $17 billion proposed merger between the government-focused health insurers, a majority of the Federal Communications Commission signaled support for Sprint and T-Mobile to join forces, and Germany's ThyssenKrupp abandoned a planned joint venture under European competition scrutiny.

  • May 31, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen two fraud victims sue Lloyds Bank over a banking scheme at HBOS, trustees of BT's pensions scheme sue Nationwide, and the Financial Conduct Authority face a lawsuit in connection with a convicted money lender. 

  • May 30, 2019

    DOJ Requires Divestitures In $6.8B Amcor-Bemis Tie-Up

    Amcor Ltd. will be required to divest three manufacturing facilities related to medical packing products and other assets in order to move forward with its $6.8 billion acquisition of Bemis Co., according to a proposed deal with the U.S. Department of Justice filed in D.C. federal court on Thursday.

  • May 30, 2019

    Uber Mum On Whether Calif. Agency Can Raise Its Rates

    Uber told a California federal judge on Thursday it's exempt from a state anti-competition law as a so-called transportation network company regulated by the California Public Utilities Commission, but couldn't offer a definitive answer when the judge asked whether the agency has the power to raise Uber's rates.

  • May 30, 2019

    AB InBev, Molson Slam DOJ's Support Of Suit's 'Last Crumbs'

    Anheuser-Busch InBev and Molson Coors Brewing Co. want the Seventh Circuit to reject the U.S. Department of Justice's partial support for a nixed antitrust suit accusing the companies of conspiring to shut down American beer exports to Ontario, Canada, arguing Tuesday the suit rests on blocked claims.

  • May 30, 2019

    Garuda Hit With $13M Australian Air Cargo Cartel Fine

    Australia’s competition enforcer said Thursday that Garuda Indonesia must pay AU$19 million ($13.1 million) for its part in a cartel to fix air freight shipping prices, bringing the total fines resulting from the watchdog’s investigation of the cartel up to AU$132.5 million.

  • May 30, 2019

    Tech Risks Rival 'Planes And Tanks,' Huawei Prosecutor Says

    U.S. Attorney Richard Donoghue, whose office is prosecuting Huawei for alleged sanctions violations, said Thursday that the Trump administration has a high awareness of the long-term national security risks posed by business transactions, and that in the technology sector the threat can rival "planes and tanks."

  • May 30, 2019

    Qualcomm Licensees Face Risk In Fighting Deals After Ruling

    Now that a judge has ruled that Qualcomm's patent licensing tactics violate antitrust law, can the company's licensees rely on the ruling to escape the terms of their deals pending an appeal? Attorneys say they have a shot, but they run the risk of antagonizing the chip giant.

  • May 30, 2019

    Small Broadcasters Urge FCC To Keep Ownership Controls

    Small radio stations pushed back on proposals by the Federal Communications Commission to loosen media ownership rules in filings posted Wednesday, saying that making those changes could push out independent operators as big companies gobble up more market share to compete with online outlets.

  • May 30, 2019

    Investors Give $10M Citigroup Forex Deal Another Shot

    Investors tried for a second time Wednesday to get their nearly $10 million settlement with Citigroup greenlighted in response to a New York federal court's request for more information on the deal to end claims that the bank participated in a scheme to rig foreign exchange markets.

  • May 30, 2019

    UK Likely To Oppose Merger Of Assistive Comms Tech Cos.

    The U.K.'s antitrust watchdog signaled likely opposition Thursday to an already finalized merger between two companies that supply assistive communications technologies for individuals with speech disabilities, based on fears that the combined entity will control an overwhelming market share, enabling it to raise prices.

  • May 30, 2019

    Oxbow, Union Pacific, BNSF Reach Deal In Antitrust Row

    Oxbow Carbon & Minerals LLC and railroad giants Union Pacific Railroad Co. and BNSF Railway Co. have agreed to dismiss three claims in an antitrust dispute that alleges the railroad companies conspired to fix shipping prices. 

  • May 30, 2019

    Ex-Rabobank Trader Sues Bank Over Costs Of US, UK Probes

    A former Rabobank trader whose conviction for rigging Libor was overturned has sued the lender in England for failing to cover him in connection with costs he ran up responding to investigations in the U.S. and Britain.

  • May 29, 2019

    Motherhood & Making Partner: The View From 2 BigLaw Moms

    In a Law360 original video, two BigLaw attorneys reflect on being mothers while trying to make partner in a culture that has made slow progress towards increasing female representation in the highest ranks.

Expert Analysis

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Biologic Manufacturers Should Expect Antitrust Scrutiny

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    Recently filed class actions against AbbVie and various biosimilar manufacturers, alleging that the U.S. Supreme Court's Actavis decision should be applied to supposedly anti-competitive biologic/biosimilar settlement agreements, indicate that the biologic space may be the next hotbed of pharmaceutical antitrust activity, say James Kovacs and Ankur Kapoor of Constantine Cannon.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • What We Heard At The FTC Hearings: Days 18 And 19

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    The 11th hearing in the Federal Trade Commission’s series on competition in the 21st century addressed cross-border cooperation. Rebecca Engrav and Jeremy Keeney of Perkins Coie offer some key takeaways.

  • Manufacturers Need To Mitigate Risk Of Price Bias Claims

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    A New Jersey federal court recently set the stage for a Robinson-Patman Act trial in Marjam v. Firestone, which may motivate more resellers to challenge manufacturers' unjustified disparate pricing strategies, say attorneys with K&L Gates.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • Opinion

    Amended EU Class Action Proposal Is A Loss For Consumers

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    The U.S. Chamber of Commerce is poised to neuter the European Commission's collective action proposal — intended to let EU consumers challenge corporate misconduct — with a series of debilitating amendments that the Council of the EU must fight back against, says Laura Antonini of the Consumer Education Foundation.

  • Opinion

    Don’t Discount Drug Discounting

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    The U.S. Department of Health and Human Services' proposal to lower drug prices by having discounts passed on to patients at the point of sale has been opposed by certain stakeholders in the current rebate system, but their argument is not properly grounded in antitrust law, says Kevin Arquit of Kasowitz.

  • New Insights On Applying Daubert At Class Certification

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    In Cole’s Wexford Hotel v. Highmark, a Pennsylvania federal court recently wrestled with the practical aspects of implementing the so-called Daubert standard for expert testimony at the class certification stage. There are three important takeaways from the court's holding, says William DeVinney of BakerHostetler.

  • Opinion

    Time For More Interlocutory Review Of MDL Court Decisions

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    Increasing the availability of appellate review for multidistrict litigation court decisions on an interlocutory basis could provide valuable guidance to MDL courts and increase their efficiency in resolving cases, says Douglas Smith of Kirkland & Ellis.

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 3

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    The American Bar Association’s antitrust meeting last week included many sessions addressing consumer protection. Attorneys with Perkins Coie share takeaways from some of the most interesting panels.

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