Competition

  • May 08, 2020

    Apotex Seeks To Revive Hospira Unfair Competition Fight

    Apotex Corp. is asking the Second Circuit to step in and save its suit accusing Hospira of unfair competition by reneging on a promise to keep supplying Apotex with a generic antibiotic that it helped create.

  • May 08, 2020

    DC Judge Skeptical Of Hospital Price Transparency Rule

    A D.C. federal judge on Thursday questioned whether federal health regulators went further than Congress intended and the Constitution allows with a rule requiring hospitals to disclose all their standard charges for patient care, including negotiated rates with insurers.

  • May 07, 2020

    Japanese Electronics Suppliers Want Out Of Antitrust Suit

    Japanese electronics suppliers that have been accused of fixing the price of a common electronics component are asking a California court to toss the allegations, saying the claims are implausible or must be resolved in arbitration.

  • May 07, 2020

    Calif. Court Opts To Tie Together 8 Juul Antitrust Suits

    Eight lawsuits accusing Juul Labs of striking an anti-competitive deal that saw a rival wind down its e-cigarette business in exchange for an ownership stake in the vaping giant were related to each other Thursday by a California federal judge.

  • May 07, 2020

    High Court Urged To Let Judges, Not Juries, Set FRAND Rate

    The Federal Circuit misinterpreted the Constitution when finding that juries get to decide the royalty rate for licenses of standard-essential patents in cases where patent owners violate certain licensing commitments, TCL has told the U.S. Supreme Court as part of a dispute with Ericsson.

  • May 07, 2020

    House Antitrust Chief Aims To End Tech Probe By Late Spring

    Rep. David Cicilline, head of the U.S. House's antitrust subcommittee, said Thursday the congressional investigation into large tech companies is progressing despite challenges from the COVID-19 pandemic and that he expects to issue a report in the coming weeks.

  • May 07, 2020

    Apotex To Pay $24M Criminal Fine In DOJ Price-Fixing Case

    Canadian drugmaker Apotex Corp. will pay a $24 million criminal penalty to resolve felony allegations that it conspired to jack up the price of a popular cholesterol drug, the U.S. Department of Justice announced Thursday.

  • May 07, 2020

    No Privilege Shield For Firm Consultant, Express Scripts Says

    Communications between a benefits consultant and lawyers for an Illinois city in a drug price suit aren't protected by work-product privilege because he was never hired as an expert in the case, Express Scripts Inc. has told an Illinois federal court.

  • May 07, 2020

    5th Circ. OKs Speedy Appeal Of HP's $439M Disk Drive Win

    A Fifth Circuit battle over HP's $438.7 million price-fixing judgment against a Quanta Computer subsidiary was put on the fast-track Thursday, a day after the panel refused to put the award on ice while the appeal played out.

  • May 07, 2020

    Left-Out CRT Buyers Want $542M Deal Paused For Appeal

    Cathode ray tube buyers from dozens of states who were excluded from a $542 million price-fixing settlement with six electronics makers want a California federal judge to put the deal on ice until they have a chance to mount a Ninth Circuit challenge.

  • May 07, 2020

    Trucking Co. Accuses Oil Traders Of Rigging Calif. Gas Market

    Oil traders Vitol Inc. and SK Trading International Co. Ltd. took advantage of millions of California drivers through a scheme to artificially inflate gas prices after a refinery accident, a trucking company alleges in a proposed class action in California federal court.

  • May 06, 2020

    Alexion Nears $25M Settlement With SEC To End FCPA Probe

    Alexion Pharmaceuticals Inc. has reached a preliminary agreement under which it would pay less than $25 million to end the U.S. Securities and Exchange Commission's investigation into possible violations of the Foreign Corrupt Practices Act, the company said in an SEC filing Wednesday.

  • May 06, 2020

    Sinclair To Pay $48M To End FCC Probe Of Axed Tribune Deal

    Sinclair Broadcast Group Inc. has agreed to pay a record $48 million civil penalty to end a Federal Communications Commission investigation into its behavior during its now-scrapped merger with Tribune Media Co., the FCC announced Wednesday.

  • May 06, 2020

    Zetia Buyers Blast Merck's 'Unhinged' Bid To Eject Class Rep

    A proposed class of drug buyers is coming out swinging after the second of two "desperate efforts" to unseat its lead plaintiff in a suit accusing Merck and Glenmark Pharmaceuticals of teaming up to keep a generic version of the cholesterol drug Zetia off the market.

  • May 06, 2020

    Under Armour Hit With Antitrust Suit Over Activewear Tech

    Under Armour is facing an antitrust suit in Pennsylvania federal court by the manufacturer of a textile spray that promotes athletes' recovery for allegedly "strong-arming" other companies from doing work with the business.

  • May 06, 2020

    HTC, Ericsson Tangle At 5th Circ. Over How To Value Patents

    HTC urged a Fifth Circuit panel during oral arguments Wednesday to overturn a jury's finding that Ericsson offered the handset maker fair terms on licenses for standard essential patents covering cellular technology, saying the jury was not properly instructed on how to value patents.

  • May 06, 2020

    Australia Can't Halt Pacific National's $132M Rail Terminal Buy

    Australia's antitrust watchdog has lost its court battle to block Pacific National's AU$205 million ($132 million) pickup of a Brisbane rail terminal, as a top Australian court found Wednesday that the regulator's competition concerns were too speculative. 

  • May 06, 2020

    FTC's Phillips Blasts Dems' Calls For COVID-19 Mergers Ban

    As some Congressional Democrats pile on arguments that most mergers should be blocked during the COVID-19 pandemic, Republicans on the Federal Trade Commission are arguing that fears of predatory transactions are at best misplaced and overblown.

  • May 06, 2020

    Restasis Buyers Win Cert. Battle In Allergan Monopoly Case

    Health care plans, welfare funds and other buyers of Allergan's extremely successful dry eye treatment Restasis have won class certification in the sweeping litigation accusing the drugmaker of illegally keeping generic rivals on the sidelines, with three firms tapped to head up their legal team.

  • May 06, 2020

    UK Watchdog Orders Unraveling Of £90M Sports Fashion Deal

    Britain's competition enforcer has stepped in to break up the completed £90 million ($112 million) union of leading U.K. athletic fashion retailer JD Sports and an up-and-coming former rival after deciding that their marriage would mean bad news for consumers.

  • May 06, 2020

    London Hotels Sue Visa, Mastercard Over Swipe Fees

    A group of businesses including London hotels Montcalm, Shaftesbury and Park Grand Paddington have launched new claims against Visa and Mastercard over swipe fees that they allegedly overpaid on over the past six years.

  • May 05, 2020

    Medical Supplier Gets Early OK For $35M Investor Settlement

    Medical supplier Henry Schein Inc. gained initial approval in New York federal court on Tuesday for a $35 million settlement to end an investor class action accusing the company of hiding an anti-competitive scheme that ended up cratering its stock price.

  • May 05, 2020

    AbbVie Gets FTC Clearance For $63B Allergan Buy

    Drugmaker AbbVie Inc. received antitrust clearance from the Federal Trade Commission for its planned $63 billion buyout of pharmaceutical giant Allergan PLC, the companies announced Tuesday.

  • May 05, 2020

    New HIV Antitrust Complaint, Same Problems, Gilead Says

    Gilead Sciences, Bristol-Myers Squibb Co. and Janssen Pharmaceuticals urged a California federal judge Monday to toss newly rejiggered parts of an antitrust complaint alleging that they conspired to block competition for blockbuster HIV treatments, arguing that none of the failings that doomed part of the original complaint has been fixed.

  • May 05, 2020

    Las Vegas Sun's Antitrust Suit Against Adelson Heating Up

    A Nevada federal court has rejected a bid from billionaire Sheldon Adelson and the Las Vegas Review-Journal to pause discovery in a suit accusing them of trying to snuff out the paper's more liberal rival, the Las Vegas Sun.

Expert Analysis

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • And Now A Word From The Panel: Spotlight On MDL Venue

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    With travel plans on hold in this country and around the world, and changing venues being the norm of the day, it's a good time to consider the topic of venue for multidistrict litigation proceedings, says Alan Rothman at Sidley.

  • DOJ And States Creatively Respond To Fraud Amid COVID-19

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    The U.S. Department of Justice and various states are addressing coronavirus-related fraud ranging from price gouging to fake charities, medical fraud and cybercrime in innovative ways, including by prosecuting under civil law to work around the current absence of grand juries, say attorneys at Winston & Strawn.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • Opinion

    Fortress Patent Fight Shows Abusive Litigation Hurts Startups

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    Intel and Apple’s lawsuit against Fortress in a California federal court is illustrative for startups in revealing how investment-backed patent assertion entities draw resources away from innovation and toward litigating meritless cases, says Abby Rives of Engine.

  • BigLaw Leaders Must Prepare For COVID-19 Economic Fallout

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    The financial impact of COVID-19 is already starting to ripple through law firms in the form of diminished demand and time entry. A few lessons from the 2008 financial crisis and some new ideas can help firm leaders navigate the storm, says Peter Zeughauser at Zeughauser Group.

  • 3 Ways Leaders Can Improve Remote Work For Lawyers

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    Remote working doesn’t work when people feel they must apologize for or hide it, and lawyers often feel that way — even in unavoidable, disaster-related scenarios like we see with the pandemic today, says David Pierce at Axiom.

  • Tips For Online Mediation In The Age Of Social Distancing

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    While mediating via an internet conferencing platform during the COVID-19 crisis, remember that visual interactions are of vital importance. A simple phrase can be transformed into a sincere inquiry, a shocked response or a sarcastic put-down depending upon how we visually convey that message, says mediator Sidney Kanazawa at ARC.

  • Antitrust Considerations For Collaboration During COVID-19

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    As businesses confront supply and demand disruptions amid COVID-19, the private sector can coordinate its responses consistent with the antitrust laws by following certain best practices, despite sometimes conflicting public sector guidance, says Jon Roellke at Morgan Lewis.

  • New US Policy On SEP Remedies Restores Critical Balance

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    The new joint U.S. Department of Justice-U.S. Patent and Trademark Office policy on standard-essential patents, clarifying that injunctions are available in accordance with general remedies law, helps restore a power balance between technology innovators and users, and realigns U.S. patent law with other jurisdictions, say attorneys at McKool Smith.

  • Tracking The DOJ’s Threefold Response To COVID-19

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    As the U.S. Department of Justice deploys responsive measures to COVID-19 — including a crackdown on price gouging, protections for federal inmates, and telework implementation for its own employees — we should all consider how they will affect individuals and companies worldwide, say attorneys at Eversheds Sutherland.

  • A Work-From-Home Tech Checklist For Law Firms

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    With law firms across the country implementing policies to ensure the safety of attorneys and staff and prevent the spread of coronavirus, Andrew Russell at Shaw Keller shares some tips for firms, particularly smaller firms, that may be transitioning to remote work now or in the coming days.

  • 7 Keys To Keeping Your Firm Inclusive In The Coronavirus Era

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    Many law firms are quickly adopting remote working policies during the coronavirus pandemic to keep their employees safe while providing a high level of client service, but it's also important to continue fostering diversity, equity and inclusion, says Yusuf Zakir, director of diversity and inclusion at Holland & Knight.

  • China's Review Of Vertical Mergers Is Instructive For US

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    The U.S. — with its increased focus on vertical mergers reflected in recent agency guidelines — should look to China's antitrust authorities, who have long been regulating vertical mergers, assessing two key concerns, say attorneys at Tian Yuan Law Firm.

  • 10 Ways To Continue Biz Development During Coronavirus

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    As lawyers find their typical interactions with clients, prospects and referral sources abruptly postponed or canceled due to COVID-19, there are sanitary and safe business development and marketing opportunities to consider, says Jonathan Fitzgarrald at Equinox Strategy Partners.

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