Competition

  • June 15, 2020

    $88M Cut From Requested $157.5M Atty Fee In Namenda Deal

    A Manhattan federal judge on Monday slashed nearly $88 million from a $157.5 million fee award requested by Garwin Gerstein & Fisher LLP and five other firms for guiding wholesalers of the Alzheimer's drug Namenda to a $750 million antitrust settlement with a unit of Allergan PLC.

  • June 15, 2020

    Justices Reject Traders' Commodity Exchange Act Dispute

    The U.S. Supreme Court on Monday refused to consider arguments by traders that their Commodity Exchange Act allegations against BP PLC and other energy companies were improperly thrown out as "entirely foreign" despite the transactions occurring on domestic exchanges.

  • June 15, 2020

    Mitsubishi Inks $4.2M Deal To End AC Price-Fix Suit

    Mitsubishi Heavy Industries will be paying $4.2 million to escape claims brought by a luxury motor home designer that it helped fix the price of vehicle air conditioner units, if a Michigan federal judge decides to bless the settlement.

  • June 15, 2020

    Amazon Says Jeff Bezos Is Willing To Testify Before Congress

    Amazon CEO Jeff Bezos is willing to testify before Congress in an antitrust probe into large tech companies, according to a letter from Amazon's counsel to the House Judiciary Committee.

  • June 15, 2020

    High Court Won't Hear Drug Price-Fixing Discovery Dispute

    The U.S. Supreme Court on Monday declined a request from generic-drug makers to review a discovery dispute between them and states attorneys general and drug buyers suing over an alleged industrywide conspiracy to fix generic-drug prices.

  • June 15, 2020

    High Court Takes Up Arbitration Carveout Question

    The U.S. Supreme Court agreed on Monday to consider whether a carveout in an arbitration agreement negates a provision allowing arbitrators to rule on their own jurisdiction, a question that has arisen in an antitrust dispute involving two dental equipment distributors.

  • June 15, 2020

    Truck Makers Hit Back At Balfour Beatty Cartel Suit

    Truck manufacturers fined €2.93 billion ($3.30 billion) for price-fixing of vehicles told a judge that they do not owe a British construction giant damages for inflated costs because the company's purchases were not affected by the scheme.

  • June 15, 2020

    Price-Fixing Estate Agent Execs Disqualified For 13 Yrs Total

    Britain's antitrust authority said on Monday that it has disqualified two estate agents for six and a half years each for taking part in an illegal cartel to fix the minimum price they charged for commission rates over seven years.

  • June 12, 2020

    4 Takeaways As AbbVie Crushes 'Patent Thicket' Litigation

    AbbVie's rapid and resounding defeat of high-profile antitrust litigation targeting a "patent thicket" guarding Humira, the world's best-selling drug, will help Big Pharma plant dense new jungles of intellectual property to block biosimilar makers that are already struggling to penetrate the lucrative biologics sector. Here are four takeaways to know.

  • June 12, 2020

    Teva's $25M Consumer Settlement Gets Green Light

    A Pennsylvania federal judge has given the final sign-off to a $25.25 million settlement between Teva and the state of California to pay back consumers who forked over too much for the narcolepsy drug Provigil because the drugmaker kept generic competitors at bay.

  • June 12, 2020

    EU's Virus Aid Still Evolving After Nearly $2.5T In Approvals

    European Union antitrust officials have already signed off on over €2.19 trillion ($2.47 trillion) in state aid measures proposed by member countries to combat the COVID-19 pandemic, and their approach continues to grow and evolve.

  • June 12, 2020

    Trump Will Appeal Emoluments Loss To Supreme Court

    President Donald Trump wants to put a hold on the emoluments lawsuit against him in Maryland federal court over his real estate business while he asks the U.S. Supreme Court to take up and dismiss the case.

  • June 12, 2020

    UK Probing Facebook's Recent Giphy Purchase

    U.K. antitrust enforcers have launched an investigation into Facebook Inc.'s recently completed purchase of Giphy Inc. and ordered the social media giant not to integrate the looping video company into the rest of its business until they're done.

  • June 12, 2020

    Sabre May Be Taxiing For Another Run At Airline Booking Biz

    Sabre is waging what at first blush appear to be pointless legal fights on both sides of the Atlantic over a merger it dropped last month, but the wrangling suggests the airline booking giant may pursue another shot at acquiring Farelogix, an innovative provider of similar services.

  • June 12, 2020

    FINRA Extends COVID-19 Remote Work And Deadline Relief

    The Financial Industry Regulatory Authority has issued a new rule allowing staff to continue serving documents electronically and giving oral arguments via videoconference — while upholding various COVID-19-related deadline extensions — until July 31 "in order to cope with the current pandemic conditions."

  • June 12, 2020

    UK Regulator Taking Closer Look At Vehicle Parts Merger

    The U.K.'s antitrust regulator on Friday referred two rival commercial vehicle and trailer parts makers for a Phase 2 investigation after having warned the companies it would proceed with the "in-depth investigation" if they did not address concerns the merger would harm competition.

  • June 12, 2020

    UK Roofing Firms Admit To Illegal Cartel, Face £11M In Fines

    Two British construction suppliers have admitted to taking part in an illegal cartel arrangement and could face up to £11 million ($13.8 million) in fines, the U.K. competition watchdog said Friday.

  • June 12, 2020

    UK Confirms It Will Not Seek Extension To Brexit Transition

    The U.K. formally confirmed on Friday that it will not seek an extension to the Brexit transition period with the European Union beyond December, giving the two sides just six months to reach agreement on their future trading relationship.

  • June 11, 2020

    PBMs Fight To Put Oklahoma Drug Reimbursement Law On Ice

    The Pharmaceutical Care Management Association has blasted the Oklahoma Insurance Department's push to enforce a statute regulating pharmacy benefit managers, urging a federal judge to block the law while the trade group's legal challenge to it unfolds.

  • June 11, 2020

    DOJ, FTC Get Time In 11th Circ. Dental Board Fight

    The U.S. Department of Justice and the Federal Trade Commission can argue in support of SmileDirectClub next month in an antitrust action against members of the Board of Dental Examiners of Alabama vying for immunity from the teeth-straightening company's suit, which alleges they're illegally attempting to shut it down.

  • June 11, 2020

    Will Antitrust Enforcers Take Bite Out Of $7.3B Grubhub Deal?

    Does creating the world's largest online food delivery company outside of China warrant extra antitrust scrutiny? Just Eat Takeaway.com NV and Grubhub Inc. are about to find out as they seek approval for Just Eat's planned $7.3 billion purchase.

  • June 11, 2020

    Chinese Telescope Execs Fight Contempt Bid After $50M Loss

    A Chinese telescope company's top brass urged a California federal judge Thursday to reject a rival's contempt bid for flouting an order to return $4.2 million the company smuggled out of the U.S. following a $50 million antitrust judgment, arguing the court doesn't have jurisdictional authority over the foreigners.

  • June 11, 2020

    Anheuser To Shed Hawaii Brewery To Placate Regulators

    Anheuser-Busch and the Craft Brew Alliance have agreed to divest the craft beer producer's Kona Brewing operations in Hawaii in order to address U.S. Department of Justice concerns about their pending merger.

  • June 11, 2020

    Trading Software Co. Wants 'Fanciful' Monopoly Suit Tossed

    A financial services and software provider has asked a Pennsylvania federal judge to dismiss a suit that makes "fanciful" monopolization claims over what's really a "garden-variety contract dispute."

  • June 11, 2020

    UK Ramps Up Pressure Over Viagogo's $4B StubHub Deal

    U.K. enforcers on Thursday gave Viagogo five days to offer a fix that would restore competition in the market for secondary ticketing services lost following its $4 billion purchase of StubHub this year, or else face a second phase review.

Expert Analysis

  • 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.

  • 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.

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