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Competition

  • May 23, 2019

    Boston Cabbies Say Uber Is Tainting Prospective Jury Pool

    Uber is trying to influence potential jurors by sending emails and running advertisements touting its safety, Boston-area taxi companies told a Massachusetts federal judge Wednesday, arguing Uber riders shouldn't serve as jurors if their suit over the ride-hailing service's pricing and other business practices goes to trial.

  • May 23, 2019

    EU Regulators Were OK To Clear VodafoneZiggo, Court Says

    The European Commission rightly cleared Vodafone and Liberty Global's creation of their VodafoneZiggo joint venture supplying mobile, internet and television service in the Netherlands, Europe's top appeals court ruled Thursday, rejecting a challenge to the clearance.

  • May 23, 2019

    FTC Says Likely Pay-For-Delay Deals Are Down

    The Federal Trade Commission said Thursday that despite an increase in the number of settlements between branded and generic-drug makers in 2016, fewer deals included the types of reverse payments that are likely to be anticompetitive.

  • May 23, 2019

    CMA Drafts Order Blocking Sainsbury's-Asda Deal

    The U.K.'s competition watchdog announced Thursday it plans to officially make a draft order blocking Sainsbury's planned £7.3 billion ($9.24 billion) acquisition of Walmart Inc. unit Asda, and is inviting comments on the draft until June 24.

  • May 23, 2019

    KLA-Tencor Didn't Engage In Patent Fraud, Fed. Circ. Affirms

    KLA-Tencor Corp. did not fraudulently obtain a semiconductor measurement system patent, the Federal Circuit affirmed Thursday, just one day after particularly no-nonsense oral arguments.

  • May 23, 2019

    House Dem Says DOJ Antitrust 'Prioritizing Side Projects'

    The head of the House of Representative's antitrust subcommittee has excoriated the chief of the Department of Justice's Antitrust Division for the DOJ's recently stepped-up amicus program, accusing it of aiding monopolists through court interventions rather than fighting them by bringing enforcement cases.

  • May 23, 2019

    2nd Circ. OKs $2.7M In Fees From BioScrip Investor Deal

    The Second Circuit on Thursday said Bernstein Litowitz Berger & Grossmann LLP could collect $2.7 million in attorney fees from a $10.9 million deal inked between BioScrip Inc. and shareholders who accused the specialty pharmacy of lying about fraud tied to Novartis AG's iron-reducing drug Exjade.

  • May 23, 2019

    DOJ Taking Closer Look At $17B Centene-WellCare Merger

    Centene and WellCare disclosed Thursday that the U.S. Department of Justice is seeking more details on the government-focused health insurers' planned $17 billion tie-up, pushing regulators’ review timeline back indefinitely.

  • May 23, 2019

    National Grid Sues Power Cable Cos. For £188M Over Cartel

    National Grid, Britain’s largest transmitter of electricity and gas, has added a further £40 million ($50.7 million) to losses it is claiming from a group of European power cable companies that were part of a cartel that rigged the market for over a decade.

  • May 23, 2019

    Rogue Directors Face Rise In Bans, Antitrust Watchdog Warns

    Crooked directors that break competition law through price fixing, bid rigging or market sharing are increasingly at risk of being banned from running companies, the U.K.’s antitrust watchdog said Wednesday.

  • May 23, 2019

    CMA Targets Pharma Sector Again With New Price-Plot Case

    Britain's competition watchdog accused four pharmaceutical companies on Thursday of illegally colluding to restrict the U.K.'s supply of an anti-nausea tablet, the authority's latest crackdown on plots to drive up the price of drugs for the National Health Service.

  • May 22, 2019

    Chancery Finds Ex-CEO In Contempt In Biopharma IP Suit

    A biopharmaceutical company physician-investor was ruled in contempt Wednesday for failing to maintain the Delaware Chancery Court-ordered status quo in a suit challenging his transfer of all intellectual property from a venture he directed to one he created and purportedly controlled.

  • May 22, 2019

    7 Takeaways From Qualcomm’s Stinging Defeat

    A California federal judge has taken Qualcomm to task for what she says are the chipmaker’s anti-competitive licensing practices. Here, Law360 breaks out some of the key findings from the decision requiring the company to fundamentally alter its business model, which had required smartphone makers to license patents at “unreasonably high royalty rates.”

  • May 22, 2019

    Qualcomm's Illegal Licensing Practices: How We Got Here

    A California federal judge ruled late Tuesday that Qualcomm’s patent licensing practices violate federal antitrust law, siding with the Federal Trade Commission in a decision that threatens to upend a core part of the chipmaker’s business. Here’s a step-by-step look at how we got to this point.

  • May 22, 2019

    'Smarmy' Behavior Not Exactly Fraud, Fed. Circ. Judge Says

    A Federal Circuit judge laid into attorneys Wednesday as she heard arguments in a patent fraud case, saying at one point that even though she was unsure alleged omissions in a patent application rose to the level of fraud, she had grounded her children for omitting less.

  • May 22, 2019

    GSK, Teva Urge 3rd Circ. To Nix Lamictal Class Cert.

    GlaxoSmithKline PLC and Teva Pharmaceuticals Ltd. urged the Third Circuit to decertify a class of drug wholesalers claiming the drugmakers colluded to delay generic competition for the mood stabilizer Lamictal, arguing Tuesday that common claims don’t predominate individual ones.

  • May 22, 2019

    Pharmas Want Verdict Axed To Settle IP, Antitrust Disputes

    Pharmaceutical companies Amphastar, Sandoz and Momenta told a Massachusetts federal court that they have resolved their sprawling antitrust and patent battles over generic blood thinners, as long as the court agrees to nix Amphastar’s win in the patent case.

  • May 22, 2019

    Amgen Says Rival Used Trade Secrets To Poach 14 Reps

    Amgen should be allowed to pursue its claim that rival biopharmaceutical company Karyopharm Therapeutics used its trade secrets to poach 14 of Amgen's top sales reps in a single day, an Amgen attorney told a state court judge Wednesday in Boston's Business Litigation Session.

  • May 22, 2019

    EU Raids French Grocery Store Operators In Cartel Probe

    European Union antitrust authorities said Wednesday that they’d carried out “unannounced inspections” at premises connected to two unidentified grocery companies suspected of noncompetitive conduct.

  • May 22, 2019

    French Antitrust Watchdog Fines Engineering Co. €900K

    France's antitrust regulator fined an energy and engineering consulting company €900,000 ($1 million) Wednesday for obstructing its investigation into possible competition violations in the technology, IT services and software publishing industries. 

  • May 22, 2019

    Qualcomm's 'No License, No Chips' Model Illegal, Judge Rules

    A California federal judge ruled Tuesday that Qualcomm's decadeslong "no license, no chips" business practice violates federal antitrust laws, handing the Federal Trade Commission a win and upending how the chipmaker negotiates standard-essential patent licenses covering smartphone technology.

  • May 21, 2019

    Tough T-Mobile Conditions Leave Many Open Questions

    FCC Chairman Ajit Pai said he drove a hard bargain to win a package of concessions from T-Mobile as part of the company's bid to acquire Sprint, but critics of the agreement say it doesn't go far enough to ward off the merger's possible harms.

  • May 21, 2019

    J&J Unit Hit With Antitrust Suit Over 'Sham' Zytiga Patent

    The city of Baltimore has filed a proposed class action antitrust case against the Johnson & Johnson unit that makes the prostate cancer drug Zytiga, alleging the company filed “sham” lawsuits against potential generic competitors over a patent it knew was invalid.

  • May 21, 2019

    3rd Circ. Will Hear FCC Broadcast Dereg Dispute In June

    The latest court fight over the Federal Communications Commission's effort to relax its media ownership rules will begin June 11, the Third Circuit said Tuesday.

  • May 21, 2019

    Older Calif. Gas Price-Fixing Claims Against BP, Exxon Barred

    Waiting to file a proposed class action may have cost California consumers after a federal judge ruled last week that their claims are subject to a four-year statute of limitations, slicing deep into allegations that BP, Exxon and other oil companies rigged Golden State gasoline prices.

Expert Analysis

  • 5 Mistakes Law Firms Make When Responding To RFPs

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    More and more corporations are now using requests for proposals to make data-driven decisions about which law firms to work with, so it is more important than ever for law firms to avoid common RFP mistakes, says Matthew Prinn of RFP Advisory Group.

  • Opinion

    Antitrust Merger Remedies Should Address Potential Ills

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    Last month, the D.C. Court of Appeals affirmed a decision not to block the AT&T/Time Warner merger, questioning why the Justice Department contested the merger in the first place. The policy lesson here is that heavy-handed enforcement risks undermining the very goals of antitrust, say Matthew Cantor and Ankur Kapoor of Constantine Cannon LLP.

  • Germany's Facebook Decision Likely Won't Be Influential

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    The German Federal Cartel Office's decision last month against Facebook — the first time a competition authority ruled on a privacy-related abuse of dominance — is based on specific German case law and reasoning that seems questionable from an antitrust policy perspective, say Sean-Paul Brankin and Evi Mattioli of Crowell & Moring LLP.

  • Guest Feature

    Leon Panetta In The Courtroom, Langley And Area 51

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    Over the course of his career, Leon Panetta has served as a U.S. representative, director of the CIA and secretary of defense. But before all that, he was a lawyer. Randy Maniloff of White and Williams LLP asked him about his legal background — and about little men from outer space.

  • Series

    Why I Became A Lawyer: Finding A Voice, And A New Home

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    My Fulbright scholarship project developed after I talked to my grandmother in the Philippines about the cost of her medication. Drugs developed in the U.S. and Europe are typically sold there for prices beyond the reach of many Filipinos. So I advocated for compulsory licensing for lifesaving medicines, says Melissa Martinez of McGuireWoods LLP.

  • FTC Task Force May Lead To Wider Enforcement In Tech

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    With last week's announcement of a Technology Task Force at the Federal Trade Commission, it is useful to review how the FTC and the U.S. Department of Justice's Antitrust Division have approached technology mergers in recent years, say attorneys with McDermott Will & Emery LLP.

  • Series

    Judging A Book: Willett Reviews 'Guilty Pleasures'

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    Professor Laura Little’s new book, "Guilty Pleasures: Comedy and Law in America," will make you laugh and make you think — and to a federal circuit judge who reads the Constitution for the articles, it is ... appealing, says Fifth Circuit Judge Don Willett.

  • Women In Law Need Equal Treatment, Not Affirmative Action

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    The sheer number of women entering the legal profession means gender equality is coming, one way or the other. This Women’s History Month, BigLaw firms should reflect on this with the understanding that they dismiss the flight of senior female attorneys from their ranks at their peril, says Tamara Kurtzman, founder of TMK Attorneys PC.

  • Rebuttal

    Visible Diversity Is A Sign Of Organizational Health

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    A recent Law360 guest article cautioned against the hazards that can stem from pursuing "optimal" diversity, but overlooks the value of paying attention to visible diversity, says Matt Lykken of Potomac Law Group PLLC.

  • Simple Secrets For Writing A Killer Brief

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    These days, the legal profession offers meager opportunity for oral argument, so we need to focus on being better, brighter, tighter writers. And the key to writing a better brief is grabbing your judge's attention with a persuasive, well-crafted story, says Daniel Karon of Karon LLC.

  • 3rd Circ. Limits Scope Of FTC Judicial Enforcement Authority

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    The Third Circuit's recent decision in Federal Trade Commission v. Shire will limit the FTC's ability to bring dated consumer protection and antitrust matters to federal court, say Spencer Eng and John Villafranco of Kelley Drye & Warren LLP.

  • Cross-Border Confidentiality And The Swaps Antitrust Case

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    A recent New York federal court decision in the Interest Rate Swaps Antitrust Litigation offers a potentially helpful guide to protecting the confidential materials of a foreign proceeding from disclosure and discovery in American courts, say Ana Reyes and Matthew Heins of Williams & Connolly LLP.

  • Takeaways From AT&T-Time Warner Merger Win

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    While the D.C. Circuit's decision this week in U.S. v. AT&T will not make it more or less difficult for the government to challenge future vertical transactions, the opinion discusses several important principles related to vertical merger enforcement, say Joel Grosberg and Matt Evola of McDermott Will & Emery LLP.

  • Weeding Out Meritless Claims In Multidistrict Litigation

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    As the number of multidistrict litigation proceedings has grown, critics have noted that a significant portion of cases filed in any MDL turn out — often at the settlement stage — to be unsupportable. The MDL process needs a mechanism to weed out nonmeritorious cases early on, say Max Heckendorn and Steven Swaney of Schiff Hardin LLP.

  • 3 Lessons From A Crypto Mock Trial

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    We recently hatched a plan to test whether litigators could get blockchain ledger entries into evidence under the existing Federal Rules of Evidence, and we found a federal judge willing to help us, say attorneys Justin Steffen, Andrew Hinkes, Lisa Braganca, Christopher Veatch, Kashan Pathan and Jimmie Zhang.

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