Competition

  • 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.

  • June 04, 2020

    Hungary Doesn't Have To Halt Tobacco Tax, ECJ Rules

    The European Court of Justice ruled in favor of Hungary on Thursday in its appeal of a European Union executive order to suspend the country's progressive tax on tobacco products, annulling that 2015 decision.

  • June 04, 2020

    Vegas Dailies Turn Longtime Pact Into High-Stakes Staredown

    One of the most curious commercial arrangements between competing newspapers in the country is at risk of crumbling, as one Las Vegas daily looks to get out of the agreement with its rival and the other says that move could force it to fold.

  • June 04, 2020

    DOJ Clears Schwab Acquisition Of TD Ameritrade

    The Justice Department has cleared Charles Schwab's proposed $26 billion acquisition of TD Ameritrade, the low-cost brokerage and financial advisory announced Thursday, six months after the companies disclosed that the DOJ had launched an in-depth review of the deal.

  • June 04, 2020

    UK Pharma Exec Barred After Admitting To Drug Supply Plot

    A drug industry executive agreed not to act as a director for any U.K. company for five years after admitting to his role in a scheme among drugmakers to share out supply of a lucrative antidepressant, the British competition watchdog said Thursday.

  • June 03, 2020

    No Cert. For End-Payors In Niaspan Pay-For-Delay MDL

    A Pennsylvania federal judge declined Tuesday to certify a class of end-payor plaintiffs in their suit alleging improper pay-for-delay settlements between AbbVie and Teva Pharmaceuticals Industries aimed at barring generic forms of Niaspan, finding they failed to establish the ascertainability, predominance, or superiority requirements.

  • June 03, 2020

    Ex-Bumble Bee CEO Fights Feds' 10-Year Sentence Bid

    Former Bumble Bee CEO Chris Lischewski urged a California federal judge Wednesday to reject prosecutors' request for a 10-year prison sentence for his role in fixing the price of tuna, arguing that there was no evidence he led the conspiracy, obstructed justice or caused losses and that he should get no more than 10 months.

  • June 03, 2020

    Manatt Failed Promise To Sue Under Armour, Suit Says

    Manatt Phelps & Phillips LLP was hired to pursue a false advertising and antitrust lawsuit against Under Armour, only to demand more money and ultimately abandon its client, according to a breach of contract and fraudulent inducement lawsuit filed Wednesday in New York federal court.

  • June 03, 2020

    Gilead Can't Shake New HIV Antitrust Complaint, Court Told

    Pharmaceutical giants accused of working together to block generic competition for blockbuster HIV treatments are using their latest motion to dismiss to rehash arguments the California federal court has already dealt with, the proposed class said Tuesday.

  • June 03, 2020

    Pharmacy Chain Says It Can Rep Class If Lead Is DQ'd

    A Midwest pharmacy chain said Tuesday that it's ready to fill in as head of a direct purchaser class accusing Actavis and Shire of illegally delaying the sale of a generic version of Shire's ADHD medication Intuniv if the pharmaceutical companies manage to decertify the class's current named plaintiff.

  • June 03, 2020

    Pilgrim's Pride CEO, Other Execs Charged With Fixing Prices

    The Justice Department on Wednesday said four executives, including the president and CEO of Pilgrim's Pride, have been indicted over a scheme to fix prices and rig bids for chickens sold to grocery stores and restaurants.

  • June 03, 2020

    Wash. Lodges 1st State Suit Over Tuna Price-Fixing

    Washington state sued StarKist, parent company Dongwon Industries and former Bumble Bee Foods CEO Christopher Lischewski on Tuesday, accusing them of taking part in a decadelong price-fixing scheme that caused U.S. canned tuna prices to rise despite decreasing demand.

  • June 03, 2020

    App Makers Urge Justices To Let Judges Set FRAND Rates

    An association of app makers has called on the U.S. Supreme Court to unravel a Federal Circuit decision that found juries get to decide what constitutes a fair and reasonable royalty rate for standard-essential patents, arguing the ruling muddies FRAND rules.

  • June 02, 2020

    Volvo, Jaguar Take Shippers To Court Over Cartel Damages

    Volvo and Jaguar are going after a host of shipping companies they say hurt their bottom line by overcharging for the price of roll-on, roll-off cargo services, the U.K. Competition Appeal Tribunal said on Tuesday.

  • June 02, 2020

    Telescope Buyer Hits Celestron With $350M Antitrust Suit

    An amateur astronomer has leveled a $350 million antitrust lawsuit accusing California-based telescope maker Celestron of illegally teaming up with a rival to pad prices, a conspiracy claim that has already won over a federal jury and saddled industry players with millions in damages.

  • June 02, 2020

    9th Circ. Told Axon Must Go Through FTC Before Courts

    The Federal Trade Commission urged the Ninth Circuit on Monday to reject police body camera and nonlethal weapon maker Axon Enterprise's constitutional challenge to the agency's in-house merger challenge process, arguing that such arguments most go through the FTC first.

  • June 02, 2020

    Europe's Antitrust Enforcer Homes In On Digital Services

    Europe's antitrust enforcer is moving ahead with plans to upgrade its toolbox for taking on competition problems in digital markets, on Tuesday proposing and asking for input on potential changes to the law aimed at companies with dominant positions as well as digital platforms more generally.

  • June 02, 2020

    Calif. Dental Board Says SmileDirect Claims Still Not Straight

    SmileDirectClub didn't learn the lesson it should have when a California federal court dismissed the first iteration of its antitrust suit because the new version has all the same issues, according to the state dental board.

  • June 02, 2020

    JPMorgan, Barclays To Pay Mexican Bond Investors $20.7M

    JPMorgan Chase and Barclays PLC will pay a combined $20.7 million in what bondholders call "icebreaker" settlements of claims that the banks participated in a sweeping conspiracy to rig Mexican government bond prices, according to court filings.

  • June 02, 2020

    Grid Cos. Fight Revamped FERC Transmission Rate Reviews

    Midwestern electric transmission owners who had their investor returns slashed after the Federal Energy Regulatory Commission revised its formula for determining whether such returns are just and reasonable petitioned the D.C. Circuit on Monday to review the agency's orders containing the policy shift.

  • June 02, 2020

    Teva Can't Escape Infringement Claim In Inhaler Patent Suit

    A London judge on Tuesday rejected Teva's bid to block an infringement claim brought by an Italian pharmaceutical company after Teva challenged its lung disease drug patents, rejecting the generic drugmaker's arguments that disclosure for the claim would be anti-competitive.

  • June 02, 2020

    UK Watchdog Gears Up For Closer Look At Vehicle Parts Deal

    The UK's competition regulator said it would refer two rival commercial vehicle and trailer parts makers for a Phase 2 investigation if the companies did not address concerns that the merger will harm competition.

  • June 01, 2020

    Sheppard Mullin Sanctioned In $47M Telescope Antitrust Fight

    A California federal judge on Monday sanctioned a Chinese telescope maker and its former counsel at Sheppard Mullin for misrepresenting its oversight of document production during post-trial discovery following a $47 million antitrust judgment.

  • June 01, 2020

    DOJ Tries Again To Nix Ruling On $360M Sabre-Farelogix Deal

    The U.S. Department of Justice is continuing to press the Third Circuit to undo a lower court rejection of its challenge to Sabre's planned $360 million Farelogix purchase, blasting the airline booking firms' contention that it improperly coordinated with U.K. antitrust enforcers to stop the deal.

Expert Analysis

  • Antitrust Tools For Dealmakers Preparing For Better Times

    Author Photo

    When the U.S. economy inevitably returns to health, a number of antitrust rules already on the books can facilitate rapid investment in distressed companies, minority interest acquisitions and other securities sales without government delay, say Harry Robins and David Brenneman at Morgan Lewis.

  • How COVID-19 Might Uproot Centuries Of Litigation Traditions

    Author Photo

    Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

  • Price-Gouging Or Normal Market Functioning Amid COVID-19?

    Author Photo

    Economic analysis of supply chain interruptions, capacity constraints, increased supplier bargaining power, increased search costs, and costs for new entrants — which can drive price elevation in emergencies like COVID-19 — can help disentangle normal market functioning from price-gouging, say Mary Beth Savio and Timothy Snail at Charles River Associates.

  • Consider Legal Ramifications Before Recording Video Calls

    Author Photo

    Given the ease with which videoconference participants can unwittingly risk civil and criminal liability by unlawfully recording calls, attorneys should be mindful of — and clients may appreciate prospective advice on — state consent laws and the various meeting platforms' consent features, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

  • Opinion

    Breaking Up Big Tech Is Not Necessary For Accountability

    Author Photo

    Authorizing the Federal Trade Commission or a new digital authority to police dominant tech platforms pursuant to a new legal standard outside of antitrust can protect independent retailers, websites and app providers without the drastic measure of breaking up big tech, says Hal Singer of Econ One.

  • A New Breed Of Antitrust Challenges To FDA's Orange Book

    Author Photo

    ​​​​​​​Two recent federal antitrust rulings concerning Orange Book entries' improper overextension of branded drug exclusivity reflect the challenges courts face in resolving controversies the U.S. Food and Drug Administration has ducked, says Benjamin Greenblum at Williams & Connolly.

  • 3 Tips For Deposing Difficult Witnesses Remotely

    Author Photo

    Taking a deposition of an uncooperative witness is one task made immeasurably more difficult during the current pandemic, and certain deposition styles that may be extremely forceful in person may have limited effectiveness over videoconference, says Qian Julie Wang at Robins Kaplan.

  • Defense Industry Lessons From UTC-Raytheon Deal Review

    Author Photo

    The U.S. Department of Justice Antitrust Division’s recent challenge to the United Technologies-Raytheon merger is the first aerospace and defense industry review since draft vertical merger guidelines were released in January, and provides a look at how the guidelines' principles and theories may be applied, say Jon Dubrow and Anthony Ferrara at McDermott.  

  • How Courts Are Shaping Disclosure Of 3rd-Party MDL Funding

    Author Photo

    Despite the lack of regulations requiring the disclosure of litigation financing in the multidistrict litigation context, recent orders demonstrate a court’s ability to craft disclosure obligations to ensure counsel’s compliance with ethical duties, say Stephanie Spangler at Norris McLaughlin and Dai Wai Chin Feman at Parabellum Capital.

  • Opinion

    Cos. Should Not Illegally Profit From Our Pandemic Pain

    Author Photo

    Some opportunistic companies have started to take advantage of consumers and workers during the COVID-19 crisis, so lawyers must remain vigilant — and mindful of state consumer protection and labor statutes — to guard against unscrupulous profiteering, says attorney Daniel Karon.

  • Opinion

    New Jersey's Plan For 2020 Law Grads Is Brilliant

    Author Photo

    The New Jersey Supreme Court's much-needed order allowing this year's law school graduates to practice prior to being admitted should be adopted in New York — and developed further even after the pandemic ceases, says attorney Dmitriy Shakhnevich.

  • New Insights On Resale Price Maintenance In China

    Author Photo

    The most recent resale price maintenance violation cases in China indicate that companies under investigation should take a more proactive approach and organize detailed rebuttal evidence materials to fully evaluate competitive impact, say attorneys at Tian Yuan Law Firm.

  • Managing E-Discovery Providers In Times Of Crisis

    Author Photo

    Retention of e-discovery providers usually involves considerable time and several layers of approval, but practicalities during the current emergency have proven that law firms must have the acuity to make smart but quick game-time decisions, says Shannon Capone Kirk at Ropes & Gray.

  • Witness Preparation Tips For Your Next Video Deposition

    Author Photo

    Just like in a normal deposition, remind your witness that testimony provided via videoconference may be used in a courtroom, so they must be mindful of everything they say or don’t say, the space they are in, and their attire, say Adam Bloomberg and Merrie Jo Pitera at Litigation Insights.

  • How 3rd Parties Can Best Limit Fraud Liability Amid COVID-19

    Author Photo

    COVID-19 enforcement activity raises the specter of liability for innocent third parties, but companies can take steps to reduce the risk of unwittingly facilitating fraud or price-gouging and demonstrate good-faith compliance to regulators, say Robyn Crowther and Ashwin Ram at Steptoe & Johnson.

Can't find the article you're looking for? Click here to search the Competition archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!