Competition

  • July 30, 2019

    La. Appraisers Board Gets FTC Proceeding Paused

    The Louisiana Real Estate Appraisers Board has won its bid in Louisiana federal court to pause an in-house antitrust enforcement case by the Federal Trade Commission over the board’s rules governing fees it charges appraisal management companies.

  • July 30, 2019

    Advocacy Groups Seek To Stop McGraw-Hill, Cengage Merger

    A host of student groups, advocacy groups and law professors are urging the U.S. Department of Justice to block the planned merger of education publishers McGraw-Hill and Cengage Learning, saying the deal would stifle competition in the market for textbooks and harm students.

  • July 30, 2019

    Investors Get OK For $10.9M Forex Deal With Citigroup, MUFG

    A New York federal judge gave investors the go-ahead on Monday for their $10 million settlement with Citigroup and a smaller deal with MUFG Bank Ltd. that would resolve claims that the banks participated in a scheme to rig foreign exchange markets.

  • July 30, 2019

    Uber's Quick Win Bid Is 'A Farce,' Boston Cab Cos. Say

    A group of Boston-area cab companies slammed Uber Technologies Inc. for a “frivolous” bid to get a federal judge to reconsider tossing its motion for a midtrial win in an unfair pricing suit, saying late Monday that Uber repackaged previously failed arguments and that new Uber documents are but "a farce."

  • July 30, 2019

    Fate Of CVS-Aetna Deal In The Hands Of Judge

    CVS’ planned $69 billion purchase of Aetna hangs in the balance following a series of extraordinary court hearings pitting the companies, and the Justice Department, against a combative federal judge and several interest groups opposed to the deal.

  • July 29, 2019

    Nuveen Exec Says He Puffed Up Attacks On Preston Hollow

    A top Nuveen LLC municipal markets manager acknowledged during a Delaware Chancery Court antitrust trial Monday over allegedly damaging claims he and others shared about Preston Hollow Capital LLC that he may have exaggerated the finance company's business dealings to lenders. 

  • July 29, 2019

    NHK Spring To Pay $28.5M Penalty For Hard Disk Price Fixing

    Japanese manufacturer NHK Spring Co. Ltd. on Monday copped to fixing prices for suspension assemblies used in hard disk drives, part of a “global conspiracy” for which the company has agreed to pay a $28.5 million criminal fine, the U.S. Department of Justice said in a statement.

  • July 29, 2019

    Generic Lamictal Buyers Defend Class Cert. At 3rd Circ.

    Drug wholesalers have urged the Third Circuit to keep their class certification intact in a case alleging GlaxoSmithKline and Teva Pharmaceuticals’ deal to delay generic versions of Lamictal harmed buyers of the mood stabilizer, citing the drugmakers’ admissions that prices would have been lower had more generics been available.

  • July 29, 2019

    Oilfield Co. Sues Ex-VP Who Went To Work For Competitor

    An oilfield chemical company has filed a lawsuit against its former senior vice president of sales and the company he now works for, alleging that they violated agreements by soliciting clients and employees and stealing proprietary information related to salt water disposal.

  • July 29, 2019

    Caesars Looks To Exit Antitrust Suit Over Search Terms

    Caesars urged a Texas federal court on Friday to dismiss it from TravelPass's suit accusing leading hotel chains of conspiring not to compete for search terms, arguing that the only alleged evidence connecting it to the scheme does not exist.

  • July 29, 2019

    Chemical Cos.' $7.9M Deal In Price-Fixing Suit Gets First Nod

    A New Jersey federal judge has given preliminary approval to a nearly $8 million settlement from three chemical companies seeking to end claims in multidistrict litigation that they have colluded to inflate the price of a water treatment chemical.

  • July 29, 2019

    3 Issues That Will Control The Coming Sprint/T-Mobile Battle

    The U.S. Department of Justice may have OK'd T-Mobile and Sprint's $56 billion merger last week, but that clearance has only drawn new battle lines for a coming clash with more than a dozen Democratic state attorneys general. Here, Law360 maps out those lines.

  • July 29, 2019

    3rd Circ. Grounds Antitrust Dispute Over Helicopter Helmets

    A government contractor that manufactures helicopter helmets wasn't able to convince the Third Circuit to revive its antitrust suit over misinformation spread about its products by a rival, as the panel concluded Monday that no direct harm could be traced back to the competitor's actions.

  • July 29, 2019

    EU Agency OKs Carlyle Energy Deal Worth Up To $4.8B

    The European Commission has cleared The Carlyle Group’s plan to buy a minority stake worth up to $4.8 billion in energy business Compañía Española de Petróleos SAU, a deal that was steered by Allen & Overy, Linklaters, Latham & Watkins and Ropes & Gray.

  • July 29, 2019

    Bayer Cornering Market On Pet Tick Meds, Antitrust Suit Says

    Bayer HealthCare is hatching illegal deals with retailers and distributors to keep generic tick and flea medications from encroaching on its territory and owes a generic pet medication maker $114 million for its trouble, a California federal court heard Friday.

  • July 29, 2019

    Lawmakers Push Bill To Simplify Biosimilar Patent Fights

    House lawmakers unveiled legislation Friday aimed at lowering prescription drug prices by streamlining the patent process for biosimilars to quickly enter the market.

  • July 29, 2019

    Leaked Email In Price-Fixing Case Is Privileged, Heritage Says

    Heritage Pharmaceuticals told a Pennsylvania federal court Friday that an email it turned over to Connecticut's attorney general that was later used in the sprawling generic drug price-fixing litigation is privileged and should have been treated as confidential.

  • July 29, 2019

    Teva, Endo Curb Pay-For-Delay Pacts In $70M Deal With Calif.

    Teva, Endo and a Japanese drugmaker will pay $70 million and put off inking pay-for-delay deals to end allegations that they illegally delayed cheaper alternatives to the narcolepsy drug Provigil and the pain treatment Lidoderm, California’s attorney general said Monday.

  • July 29, 2019

    Bearings Maker SKF Strikes $2.4M Deal In Price-Fixing MDL

    A group of auto dealers on Monday asked a Michigan federal judge to approve a proposed $2.4 million deal in sprawling multidistrict litigation claiming that an affiliate of a Swedish-based automotive bearings supplier engaged in an anti-competitive price-fixing scheme in the U.S.

  • July 29, 2019

    The Issues To Watch In UK Mastercard Class Action Appeal

    The U.K.'s highest court is set to offer critical guidance for the country's infant antitrust collective action regime in a £14 billion ($17.2 billion) suit against Mastercard in the long-running battle over its swipe fees. Here Law360 looks at the key issues to watch in the appeal.

  • July 29, 2019

    Barclays, JPMorgan Face UK Forex-Rigging Class Action

    Barclays and JPMorgan Chase are among five banks being sued in a U.K. antitrust court by investors over allegations that they manipulated the global foreign exchange market in a U.S.-style class action seeking more than £1 billion ($1.2 billion).

  • July 26, 2019

    Law360 Reveals The Global 20 Firms Of 2019

    What does it mean to be a global legal powerhouse? These firms have it figured out. Here, Law360 reveals its ninth annual ranking of the firms with the most international clout.

  • July 26, 2019

    Meet The Top Attys In Gilead's 'No Generics' Antitrust Rumble

    Lead lawyers are locked and loaded in an explosive antitrust case accusing Gilead Sciences of pocketing billions of dollars by monopolizing life-saving HIV medicines via a dark conspiracy with fellow drugmakers. Here, Law360 unpacks the allegations and introduces the hot-shot attorneys on both sides of the case.

  • July 26, 2019

    Sibor Price-Fixing Suit, Related $21M Settlement Tossed

    A New York federal court on Friday dismissed a suit accusing a slew of financial institutions of conspiring to fix interbank rates in the Singapore market, finding that the company behind the suit did not have the right to bring such claims and that a related $21 million settlement should be tossed.

  • July 26, 2019

    Opioid Seller Seeks To Lead Antitrust Class Despite Charges

    Pharmaceutical distributor Rochester Drug Co-Operative, which admitted to unlawful opioid sales earlier this year, argued in Boston federal court Friday that it is reformed and can dutifully serve as a class representative in an antitrust pay-for-delay suit over the sales of ADHD medication Intuniv.

Expert Analysis

  • It May Help To Oppose Discovery Stay In Parallel Proceedings

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    One piece of conventional wisdom for attorneys representing clients in parallel civil and criminal proceedings is to support motions by the government to stay discovery in the civil action pending resolution of the criminal case. However, we recently found that the orthodox approach isn’t always the right one, say attorneys with Buckley.

  • How To Identify And Deal With Narcissists In Law

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    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

  • Arbitration Questions To Consider In Patent License Disputes

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    Two recent federal court decisions help to clarify the arbitrability of disputes involving patent licenses, but there is still uncertainty over several details, says Thomas Creel of JAMS.

  • UK Antitrust Watchdog Proposals Would Bolster Enforcement

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    The U.K. Competition and Markets Authority's proposals for reshaping competition enforcement and consumer protection would shift the historical balance in U.K. competition policy, increasing regulatory burden on companies while weakening judicial scrutiny of CMA actions, says Bill Batchelor of Skadden.

  • 'Big Food' Takes Its Turn In The Price-Fixing Spotlight

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    The recent conspiracy suit filed against manufacturers of beef and farm-raised salmon is part of a trend that is likely only the beginning of antitrust attention in the food business, say Scott Wagner and Lori Lustrin of Bilzin Sumberg.

  • China May Soon See Variable Interest Entity M&A Review

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    Though the new Chinese anti-monopoly authority did not genuinely touch upon variable interest entity structures with the inclusion of the Tencent Mobility transaction in its first quarter approved merger filings, there is no material barrier to the authority’s review of filings involving VIE-structured companies, say Wei Huang and Chang Gao of Tian Yuan Law Firm.

  • HHS Rule Could Disrupt How Hospitals And Insurers Set Rates

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    Buried in the text of the U.S. Department of Health and Human Services' new proposed rule on health care information technology are potentially explosive questions about the publication of payer-negotiated rates for health care services, say attorneys at Brownstein Hyatt.

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

  • FDA's Risk Evaluation Guidance Brings Clarity, Not Solutions

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    New guidance from the U.S. Food and Drug Administration explains how the FDA determines when a drug needs a risk evaluation and mitigation strategy, but does not address any of the potential REMS abuses that Congress has shown interest in recently, say Elizabeth Crompton and Paul Dietze of Haynes and Boone.

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

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    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

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    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • What We Heard At The FTC Hearings: Day 22

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    The 13th hearing in the Federal Trade Commission’s series on competition in the 21st century focused on evaluating the FTC’s merger retrospective program. Jon B. Jacobs and Jeremy Keeney of Perkins Coie discuss some of the recurring themes, innovative concepts and key takeaways.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • What We Heard At The FTC Hearings: Days 20 And 21

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    The 12th hearing in the Federal Trade Commission’s series on competition in the 21st century reflected substantial evolution in the policy debate over consumer privacy regulation, say attorneys with Perkins Coie.

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