Competition

  • July 26, 2019

    AARP Backs Up FTC At 3rd Circ. In AbbVie Antitrust Suit

    AARP called on the Third Circuit Friday to knock down the argument from AbbVie Inc. and an affiliate that a district court was not permitted to hit them with a $448 million penalty in an antitrust suit from the Federal Trade Commission over AbbVie’s AndroGel testosterone replacement drug.

  • July 26, 2019

    Sprint, T-Mobile Must Cough Up More Merger Docs, States Say

    States suing to halt Sprint and T-Mobile’s plan to merge into a $56 billion telecom giant asked a New York federal court to force the companies to hand over documents, including recent communications related to their negotiations with the U.S. Department of Justice, the Federal Communications Commission and Dish Network Corp.

  • July 26, 2019

    ADP Wins Bid To Enforce Noncompetes For Ex-Sales Workers

    ADP LLC has demonstrated a "legitimate business interest" in seeking to enforce its restrictive covenant agreements with six former, high-performing sales employees, but certain provisions must be narrowed to avoid being overly burdensome for the ex-workers, a New Jersey state appellate panel said Friday in a published opinion.

  • July 26, 2019

    16 Big Banks Want Opt-Outs' Forex-Rigging Suit Dismissed

    A group of 16 major international banks have asked a New York federal judge to dismiss a sprawling lawsuit from nearly 1,300 investment firms and government entities who’ve opted out of class action settlements over alleged forex rigging.

  • July 26, 2019

    AGs Fire Back After Pharma Bid To End Price-Fixing Claims

    A coalition of 47 state attorneys general said Thursday that generic-drug manufacturers made "threadbare" and "irrelevant" arguments in their request for a Pennsylvania federal judge to dismiss state law claims in multidistrict litigation that alleges price-fixing among the drugmakers.

  • July 26, 2019

    Sprint, T-Mobile Get DOJ Nod But No Respite From State Suit

    The U.S. Department of Justice ended months of speculation Friday when it cleared T-Mobile and Sprint’s $56 billion merger, while sparking what’s likely to be a tumultuous battle of wills with the state attorneys general who have sued to block the tie-up and vowed to fight on. 

  • July 25, 2019

    Raiders Beat Oakland's Suit Over NFL Team's Move, For Now

    A California federal judge on Thursday threw out a suit over the NFL allowing the Raiders team to move from Oakland to Las Vegas, finding the city has not plausibly alleged it was harmed by the NFL policy and structure that paved the way for the move.

  • July 25, 2019

    Judge Floats 'Hot Tubbing' For Capacitors Antitrust Litigation

    A California federal judge overseeing an international capacitor price-fixing lawsuit told parties on Thursday that the complex litigation offers a good test ground for "hot tubbing," a novel litigation technique whereby experts from both sides sit together in the witness or jury box and jointly present evidence and answer questions.

  • July 25, 2019

    Ex-Bear Stearns, Scotia Trader Admits To Spoofing Scheme

    A former Bear Stearns and Scotia Capital precious metals trader admitted Thursday to U.S. Commodity Futures Trading Commission findings that he engaged in a pattern of spoofing over a nearly decade-long period, settling the regulator’s case the same day he pled guilty to a related criminal charge in New York federal court.

  • July 25, 2019

    Prosthetic Maker Urges FTC To Reverse ALJ Acquisition Block

    A leading prosthetics manufacturer urged the Federal Trade Commission in oral arguments Thursday to upend the findings of an agency administrative law judge and permit the acquisition of a smaller rival it argued never served as a viable alternative supplier for microprocessor-driven knees.

  • July 25, 2019

    Rep. Wants More Answers From Tech Platforms After Hearing

    Rep. David Cicilline, D-R.I., Chairman of the House Antitrust Subcommittee, sent letters to Facebook, Amazon and Google asking for more clarity on questions that were asked during a hearing last week about technology platforms and market power, after he was dissatisfied with answers the companies gave.

  • July 25, 2019

    3rd Circ. Urged To Recant $600 Million Antitrust Trial Revival

    A headphone maker says the Third Circuit should reconsider its decision to reopen a rival’s $600 million antitrust suit against it, saying the ruling effectively blocks judges from using stipulations to keep complex cases focused.

  • July 25, 2019

    Banc Of Calif. Ex-CEO Hits Fraudster Galanis With $65M Suit

    The former CEO of the Banc of California filed a $65 million racketeering lawsuit on Wednesday claiming that his businesses and reputation have suffered from a smear campaign led by convicted fraudster Jason Galanis.

  • July 25, 2019

    Australia Clears $1.6B Car Dealership Tie-Up With Sale

    Australia's competition enforcer on Thursday cleared the planned AU$2.3 billion ($1.6 billion) merger of the two biggest car dealership owners in the country after one of the companies agreed to sell locations in an area where they overlap.

  • July 25, 2019

    USA Cricket Says Jilted Competitor Is Just A Sore Loser

    USA Cricket wants a Colorado federal judge to toss a suit that alleges it conspired to deny another American cricket group's bid to run a professional league in the country, calling the plaintiffs a "disgruntled losing bidder.   

  • July 25, 2019

    CMA Accuses Pharmas Of Divvying Market For UTI Treatment

    A pair of British drugmakers and a wholesaler may have cut into antitrust laws with a yearslong deal to carve up the market for an antibiotic that treats urinary tract infections, the Competition and Markets Authority said Thursday.

  • July 25, 2019

    Sens. Reintroduce Bipartisan Antitrust Whistleblower Bill

    Senators from across the political aisle on Wednesday reintroduced legislation protecting whistleblowers who provide information to the U.S. Department of Justice related to criminal antitrust violations.

  • July 25, 2019

    UK Raises Antitrust Concerns Over Radio Merger

    The U.K.’s antitrust watchdog on Wednesday threatened to intensify scrutiny of Bauer Media UK’s recent string of local radio purchases unless the company addresses the danger the consolidation could pose to local radio stations’ access to national advertisers.

  • July 25, 2019

    Ireland Gets Extension To Wind Down Crisis-Era 'Bad Bank'

    The European Commission said Thursday that it has signed off a request from Irish authorities under European state aid rules to extend the tenure of the country’s “bad bank” until 2025.

  • July 25, 2019

    Top UK Court To Hear Mastercard Appeal In Antitrust Action

    Britain's Supreme Court agreed on Thursday to hear Mastercard's appeal in a proposed £14 billion ($17.5 billion) antitrust lawsuit, allowing the credit card giant to challenge an earlier decision that revived the landmark consumer class action over its swipe fees.

  • July 24, 2019

    4 Takeaways From Facebook's Historic $5B Privacy Settlement

    Facebook's $5 billion deal with the Federal Trade Commission creates unprecedented layers of privacy oversight, but also grants the company a liability shield for past misdeeds. Here, Law360 breaks down key takeaways from an arrangement that highlights a split on how aggressively U.S. regulators should police tech giants on privacy.

  • July 24, 2019

    FTC Fights La. Appraisers' Bid For Court Hearing

    The Federal Trade Commission pushed back against the Louisiana Real Estate Appraisers Board's bid for a court hearing on its challenge to an enforcement action targeting its fee-setting rules, saying the court should first decide if it has jurisdiction over the case.

  • July 24, 2019

    Deals Rumor Mill: Charter Communications, WeWork, SDIC

    Charter Communications has reportedly offered to buy telecom assets from T-Mobile and Sprint, WeWork could hit the public market sooner than expected, and SDIC Power Holdings is said to have tapped banks to help it go public.

  • July 24, 2019

    BB&T, SunTrust Dodge Diatribes At Merger Hearing

    SunTrust and BB&T came before the full House Financial Services Committee Wednesday ready to field questions about their $66 billion merger, but the inquiries about whether they were socialists and if they consider immigration officials Nazis were probably less expected.

  • July 24, 2019

    Groupon Fights Sanction Bid In Skydiving Antitrust Suit

    Groupon Inc. has urged a Nevada federal court to reject a sanctions bid from a Las Vegas skydiving operator accusing the company of monopolizing the market and infringing its intellectual property, rebutting claims that evidence has been destroyed and insisting it doesn’t exist.

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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