Competition

  • June 08, 2020

    FTC, States Fight Shkreli Bid To Delay Antitrust Suit Discovery

    The Federal Trade Commission and a coalition of states have pushed back against a motion by "Pharma Bro" Martin Shkreli, Vyera Pharmaceuticals, and Phoenixus AG to delay discovery in an antitrust case against them, claiming the former executive and the companies he led failed to show good cause for doing so.

  • June 08, 2020

    Nursing Homes Must Give Records In Pa. Hospital Merger Row

    A Philadelphia-area group of nursing homes will have to answer a subpoena for records relating to whether it competes with the Albert Einstein Healthcare Network and Thomas Jefferson University Hospitals, after a federal judge ruled they were relevant to the Federal Trade Commission's opposition to the merger between Einstein and Jefferson.

  • June 08, 2020

    AbbVie Beats Antitrust Challenge To Humira 'Patent Thicket'

    Humira buyers have alleged neither an antitrust violation nor an antitrust injury in their novel lawsuit claiming AbbVie built a "patent thicket" around its immunosuppressant drug Humira to block cheaper biosimilars from coming onto the market, an Illinois federal judge ruled Monday.

  • June 08, 2020

    Door Makers Partially Settle Unprecedented Antitrust Fight

    Door makers Jeld-Wen Inc. and Steves and Sons Inc. have settled part of their yearslong antitrust dispute, which yielded a first-of-its-kind divestiture order in private litigation between rival companies, according to filings in Virginia federal court.

  • June 08, 2020

    EU Approves Elanco's $7.6B Bayer Animal Biz Buy

    Europe's antitrust enforcer on Monday approved Elanco Animal Health's planned $7.6 billion purchase of Bayer AG's animal health division after the Indiana-based company agreed to sell several products to ease competitive concerns.

  • June 08, 2020

    Quanta Can't Duck $438M Price-Fixing Judgment

    Quanta Storage bet the house and lost when it opted to go to trial over claims it was part of an international scheme to fix the price of CD drives and is now stuck with the $438 million verdict against it, the Fifth Circuit said.

  • June 08, 2020

    Spirit Tells DC Circ. FAA Favoring United At Newark

    Spirit Airlines Inc. has told the D.C. Circuit that the Federal Aviation Administration is playing favorites by spurning the budget carrier's bid to snap up newly available slots at Newark Liberty International Airport in order to protect United Airlines Inc.'s stronghold at its primary hub.

  • June 08, 2020

    £220M NHS Suit Over Drug Patent Heads To Supreme Court

    The U.K.'s top court on Monday agreed to hear the National Health Service's £220 million ($280 million) lawsuit against an international pharmaceutical company accused of blocking sales of a generic drug for high blood pressure despite allegedly knowing its branded, patented medication was invalid.

  • June 08, 2020

    8th Circ. Won't Budge On Decision Backing Minn. Grid Law

    The Eighth Circuit on Monday stood by its ruling that a Minnesota law giving in-state electric transmission companies a right of first refusal before out-of-state companies can build new lines doesn't violate the U.S. Constitution's dormant commerce clause.

  • June 05, 2020

    Google, Others Warn Justices About Jury Setting FRAND Rate

    Google and other tech leaders have told the U.S. Supreme Court the Federal Circuit was wrong to find that a jury must determine what constitutes a reasonable royalty rate for Ericsson's standard-essential patents and that the ruling threatens the vital role judges play in resolving licensing disputes.

  • June 05, 2020

    NCAA Athlete Case Part Of Social Justice Push, Atty Says

    A recent Ninth Circuit decision striking down NCAA rules limiting education-related benefits for athletes could pave the way for more substantial changes to college sports amid a broader push for racial "fairness and justice" in America, one of the lead attorneys in the case told Law360.

  • June 05, 2020

    Calif. Couple Ducks DMV School Monopoly Claims, For Now

    A married couple accused of creating hundreds of nearly identical online traffic schools in a bid to flush out rivals can't be accused of colluding to curb competition because they're husband and wife, a California federal court has ruled.

  • June 05, 2020

    Ex-Juul Worker Says 'Terrorizing' NDA Blocks Whistleblowing

    A former manager at Juul Labs Inc. has sued the electronic cigarette maker in California federal court, claiming the company uses the "terrorizing effect" of non-disclosure agreements to tamp down whistleblowing just like traditional cigarette companies have done in the past.

  • June 05, 2020

    Mich. Fed. Judge Stepping Down To Battle 'Treatable Cancer'

    A Michigan federal judge disclosed in a farewell letter Thursday to the attorneys in one of her cases that she's stepping down, at least temporarily, for cancer treatment after 38 years on the state and federal bench.

  • June 05, 2020

    ED Treatment Maker Nears Deal With Rival In Contract Spat

    The maker of a shockwave treatment for erectile dysfunction told a Florida federal court on Friday that it is on the cusp of settling a contract dispute with a California medical clinic that launched a competing product.

  • June 05, 2020

    Trucking Cos. Say No-Poach Deals Meant To Deter Legal Rows

    Trucking companies looking to shut down allegations of a no-poach conspiracy said the drivers behind the case are missing the "straightforward and logical explanation" for why they didn't hire each other's employees — to protect themselves from legal infighting.

  • June 05, 2020

    Attys Bag Over $1M From $2.5M McCormick Slack-Fill Deal

    A D.C. federal judge on Friday awarded roughly $1.1 million in attorney fees and expenses as part of a $2.5 million settlement to resolve a consumer class action alleging McCormick & Co. Inc. underfilled pepper sold in grinders and tins.

  • June 05, 2020

    Europe Accuses UK Of Straying From Brexit Promises

    The European Union said Friday that Brexit trade negotiations remain stalled after four rounds of talks because the U.K. has strayed from pledges agreed to in 2019 that set out general terms for future relations.

  • June 04, 2020

    Without Stay, Tuna Giants Say They Face Antitrust Pile-On

    The world's biggest tuna companies face "being pecked to death by ducks" if the Ninth Circuit doesn't stop a price-fixing suit against the three tuna giants from moving forward while they challenge class certification, they told the court.

  • June 04, 2020

    Invisalign Maker Says Judge Botched Antitrust Analysis

    The company behind popular teeth-straightening technology Invisalign urged a Delaware federal court Wednesday to reject a judge's recommendation that it face a rival's allegations of an anti-competitive scheme to take over the market for clear aligners and the intraoral scanners used to make them.

  • June 04, 2020

    Cboe Can't Stop Doc Request Over VIX Manipulation

    An Illinois federal judge has rejected a bid from the Chicago Board Options Exchange to quash subpoenas from investors trying to uncover traders involved in alleged manipulation of the exchange's volatility index.

  • June 04, 2020

    Oklahoma Insurance Dept. Wants To Regulate PBMs ASAP

    The Oklahoma Insurance Department wants to start regulating pharmacy benefit managers as soon as possible, urging a federal judge to deny a PBM lobby's attempt to block a state law that targets the industry's allegedly unfair reimbursement practices.

  • June 04, 2020

    EU High Court Told To Uphold €94M Pay-For-Delay Fine

    Danish pharmaceutical company Lundbeck shouldn't be allowed to upend a nearly €94 million fine that helped cement pay-for-delay penalties under European Union competition law, an adviser to the block's highest court recommended Thursday.

  • June 04, 2020

    Albertsons Sued Over COVID-19 Toilet Paper Price-Gouging

    Grocery giant Albertsons has been exploiting consumers amid the coronavirus pandemic by drastically increasing prices for high-demand items like toilet paper and medical supplies, in violation of Golden State law, according to a proposed class action filed in California federal court.

  • June 04, 2020

    Titan Of The Plaintiffs Bar: Robins Kaplan's K. Craig Wildfang

    It was 1994, and K. Craig Wildfang was poring over recordings of Nasdaq traders chatting on the phone about doing drugs and having affairs when he landed on what he was hoping to find: market makers admitting they were fixing stock prices.

Expert Analysis

  • 6 Antitrust Considerations For Companies During Pandemic

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    While antitrust laws have not changed in response to the COVID-19 crisis, the risk of crossing the antitrust line has increased substantially, say Jay Levine and Allen Carter at Porter Wright.

  • Series

    Judging A Book: Richardson Reviews 'Criminal Dissent'

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    In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalog every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • Suppliers Should Prep For Price Discrimination Claim Surge

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    As customers increasingly ask for extended payment terms due to pandemic-related financial hardship, suppliers should implement policies that comport with the Robinson-Patman Act to avoid price discrimination claims and lawsuits by bankrupt customers seeking large damage awards, say Colin Kass and David Munkittrick at Proskauer.

  • A Proposed Technology-Assisted Review Framework

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    Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

  • What To Expect From FTC's Big Tech Merger Review

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    The Federal Trade Commission's recent request for information on nonreportable acquisitions completed by Alphabet, Amazon, Apple, Facebook and Microsoft during the past 10 years presents challenges and opportunities for all acquisitive companies, say Raymond Jacobsen and Jonathan Ende at McDermott.

  • Best Practices For Food And Beverage Pricing Right Now

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    With increased demand and production costs due to supply chain disruptions during the pandemic, food and beverage companies should make several key evaluations to deal with the economic pressures without running afoul of federal and state price-gouging enforcement, say Katie Gates Calderon and Elizabeth Fessler at Shook Hardy.

  • Rebuttal

    Interlocutory Appeals In MDLs Would Burden Litigants, Courts

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    A Law360 guest article earlier this month suggested amending the Federal Rules of Civil Procedure to allow appeals of interlocutory orders in multidistrict litigation, but this would hurt litigants, diminish the ability of MDL judges to manage their dockets, and clog the courts, says Brian Devine at Seeger Salvas.

  • How Lawyers Can Find Equanimity In Crisis

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    Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • A Look Back At Recession's Effect On Merger Challenges

    Excerpt from Lexis Practice Advisor
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    Making reasonable guesses as to why merger investigations and challenges by the U.S. Department of Justice and Federal Trade Commission stayed fairly steady during the Great Recession provides some clues as to what may happen in the COVID-19-related economic downturn, says Tim Haney at Lexis Practice Advisor.

  • Opinion

    Courts Should Look To 3 Bar Exam Alternatives During Crisis

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    While the pandemic delays bar exams, jurisdictions should adopt other ways to license new lawyers, as sticking to the status quo would abdicate our profession’s responsibility to meet the public’s legal needs, say law professors Deborah Jones Merritt, Marsha Griggs and Patricia Salkin.

  • The Road Back To Business As Usual: 12 Steps For Cos.

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    It is not too early for in-house counsel, compliance personnel and senior management to start planning for the end of the pandemic, and lessons from previous crises can guide management of the various enforcement and litigation risks in the new normal, say attorneys at White & Case.

  • Virtual Mediation A Viable Option For Class Action Litigants

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    While stay-at-home orders remain in place, virtual class mediation can provide timely answers to important questions, such as whether a case can be settled and how the pandemic has changed the litigation landscape for the parties, says Niki Mendoza at Phillips ADR.

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • 7th Circ. Ruling Solidifies Circuit Split On Antitrust Standing

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    In Marion Healthcare v. Becton Dickinson, the Seventh Circuit last month held the so-called co-conspirator exception applies beyond vertical price-fixing conspiracies when it comes to antitrust standing for indirect purchasers — solidifying a circuit split that may soon be addressed by the U.S. Supreme Court, say William Reiss and Noelle Feigenbaum at Robins Kaplan.

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