Competition

  • July 24, 2019

    EU's 1st Fine In 16 Years Shows Predatory Pricing Challenges

    It takes a lot to successfully accuse a company of predatory pricing, but European Union competition officials expressed confidence that they'd met that burden last week when fining Qualcomm €242 million ($272 million) in the first EU penalty of its kind in 16 years.

  • July 24, 2019

    India Antitrust Agency Rejects Studio Complaint On Theaters

    The Competition Commission of India found no collusion among some of the country’s major movie theater companies, rejecting a film studio’s accusations over allegedly late payments and shorted revenue sharing and advertising income Wednesday. 

  • July 24, 2019

    DOJ Probes Delay Cement Antitrust Suit Another 6 Months

    An antitrust suit accusing cement and concrete producers of creating cartels will be kept in stasis for another six months under a Georgia federal judge's order, after the U.S. Department of Justice said it still needed time for "closely related" criminal probes.

  • July 24, 2019

    Celgene To Pay $55M Over Cancer Drug Monopoly Claims

    Celgene Corp. on Wednesday agreed to cut a check for $55 million to end a proposed class action alleging a sweeping scheme to monopolize the market for two cancer drugs that have racked up tens of billions of dollars in sales.

  • July 24, 2019

    1st Circ. Says FERC 'A Big Problem' For $3.6B Utilities Suit

    The First Circuit suggested during oral arguments Wednesday that consumers who claim Eversource Energy and Avangrid Inc. drove up electricity prices by $3.6 billion may have a "big problem" with a doctrine that leaves accepted rates up to the Federal Energy Regulatory Commission rather than the courts.

  • July 23, 2019

    DOJ Makes Antitrust Probe Of Big Tech Companies Official

    The U.S. Department of Justice acknowledged Tuesday that it has opened a formal investigation into market-leading online platforms to determine whether they carried out anti-competitive practices to gain market power, escalating a growing tension with the industry and confirming media reports of a government probe.

  • July 23, 2019

    BakerHostetler Adds FTC Vet, Antitrust Pro From Cooley

    BakerHostetler said Tuesday it has hired a former Federal Trade Commission official and Cooley LLP antitrust partner whose practice focuses on obtaining clearance for mergers and acquisitions across a range of industries.

  • July 23, 2019

    Banks' Atty Bets 'Daughter's College Tuition' In Price-Fix Suit

    Defense counsel for a group of major banks facing a bond price-fixing lawsuit told a Manhattan federal court on Tuesday that he was so confident in his dismissal bid that he’s willing to put his child’s education on the line.

  • July 23, 2019

    Samsung, Intel Can Intervene In Qualcomm 9th Circ. Appeal

    The Ninth Circuit on Tuesday said it would allow Samsung, Intel, Ericsson and MediaTek to intervene in Qualcomm’s fight against a California district court’s ruling that the chipmaker's decades-long "no license, no chips" business practice violates federal antitrust laws.

  • July 23, 2019

    Trinity Sues Anesthesia Provider Over Noncompete Clauses

    Trinity Health Corp. on Tuesday sued its exclusive anesthesia provider in Michigan federal court, saying the company is violating an agreement by enforcing noncompetes and preventing its anesthesiologists from stepping in to provide patient services amid a rate dispute.

  • July 23, 2019

    AIG Sinks Maritime Co.'s Bid To Revive $2.5M Coverage Fight

    The Eleventh Circuit on Tuesday affirmed that an AIG unit is not obligated to cover the $2.5 million that Crowley Maritime Corp. shelled out to defend a subsidiary's former executive against antitrust allegations, agreeing with a lower court that Crowley failed to provide the insurer timely notice of the claim.

  • July 23, 2019

    FTC Clears Chemical Maker Deal On Same Conditions As EU

    Seven months after European Union antitrust officials cleared Quaker Chemical Corp.’s $1.4 billion pickup of another Pennsylvania-based chemical company, the Federal Trade Commission said Tuesday that it too was approving the deal based on conditions that appear to closely mirror the divestiture required by the EU.

  • July 23, 2019

    EpiPen Buyers Target Mylan CEO After Teva Disclosures

    Consumers are demanding another deposition of Mylan’s CEO as part of multidistrict litigation over skyrocketing EpiPen prices, citing allegedly incriminating documents produced by Teva Pharmaceuticals in recent weeks.

  • July 23, 2019

    Swipe Fee Counsel Knocks Hotel Brands' Plan For $6B Deal

    The legal team that helped merchants secure a multibillion-dollar swipe fee settlement with Visa Inc., Mastercard Inc. and a group of banks told a New York federal judge that it doesn't think hotel brands planning to opt out of the deal should be able to make that decision for their franchisees as well.

  • July 23, 2019

    1-800 Contacts Seeks Info On Eyeglass Buys In Antitrust Case

    Contact lens wearers at the forefront of a proposed antitrust class action against 1-800 Contacts, Walgreens and Vision Direct must hand over details on how often they switch to eyeglasses, the retailers argued Monday, insisting this information is key to determining whether they're fit to lead the class.

  • July 23, 2019

    Quad Abandons $1.4B LSC Buy Under Pressure From DOJ

    Printing and marketing firm Quad/Graphics Inc. will be shelling out $45 million to break its agreement to buy rival LSC Communications Inc. after the U.S. Department of Justice pushed back on the $1.4 billion acquisition.

  • July 22, 2019

    Hollywood Agents Call WGA Packaging Suit A 'Power Grab'

    The lawsuit that the TV writers’ union filed against talent agencies in California state court is a “naked attempt at a power grab,” one of the agencies said, arguing that the practice of packaging that unions are now railing against is “indisputably” legal and has benefited writers for years.

  • July 22, 2019

    FTC Asks 3rd Circ. To Revive Claims In AbbVie Antitrust Case

    The Federal Trade Commission has urged the Third Circuit to revive pay-for-delay claims in the agency's antitrust suit against AbbVie Inc. and an affiliate, calling the lower court's decision to nix the claims "a fundamental error that reverberated throughout this case."

  • July 22, 2019

    Telecoms Want Less Info Sharing In Sprint, T-Mobile Case

    Comcast, AT&T and others are asking a New York federal judge to clamp down on which lawyers can get their confidential information as Sprint and T-Mobile try to fend off a state suit to block the planned $56 billion merger of the mobile service providers.

  • July 22, 2019

    Excluded CRT Buyers Want $577M Deals Formally Nixed

    It’s time to formally vacate a $576.8 million bundle of price-fixing settlements with Toshiba, Panasonic and other cathode ray tube manufacturers, according to indirect CRT buyers initially excluded from the deal who sought Friday to ensure a seat at the new negotiating table.

  • July 22, 2019

    Conn. Denies Leaking Heritage Doc In Generic-Drug Case

    Connecticut's attorney general, one of several state AGs suing generic-drug companies alleging that they fixed prices, is defending the decision to refer in the complaint to an email suggesting Heritage Pharmaceuticals and other firms tried to obstruct a congressional probe into the generic-drug industry.

  • July 22, 2019

    PayCargo Accuses Competitor Of Stealing Trade Secrets

    PayCargo, the creator of a web-based payment and settlement platform for the shipping  industry, has alleged in Georgia federal court that a rival attempted to steal PayCargo's trade secrets and monopolize the payment sector.

  • July 22, 2019

    EU Approves €172M In State Aid For Postal Service

    The European Union's competition enforcer said Monday that it has approved €171.7 million ($193.5 million) in compensation that Italy agreed to pay Poste Italiane for distributing certain newspapers and other publications at a reduced cost.

  • July 22, 2019

    Ericsson Says It Needs In On Qualcomm's 9th Circ. Appeal

    Ericsson is seeking permission from the Ninth Circuit to intervene in Qualcomm’s patent licensing appeal so it can quickly file a motion to seal its royalty rates and other private business information by July 29.

  • July 19, 2019

    Texas Nurses Told To Go It Alone Or Drop Antitrust Suit

    A Texas federal judge has ordered San Antonio registered nurses to either drop their proposed class action or individually pursue antitrust claims that three area hospital systems colluded to suppress staffers' salaries.

Expert Analysis

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 2

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    The American Bar Association’s antitrust meeting last week covered important merger issues, including international merger control, vertical merger enforcement and concentrated common ownership, say attorneys with Perkins Coie.

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 1

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    The American Bar Association’s antitrust meeting last week featured several sessions with representatives from federal and state antitrust enforcement agencies, and provided signals regarding current and future priorities, say attorneys with Perkins Coie.

  • 3 Things To Expect After NCAA Student-Athlete Pay Decision

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    A California federal court recently found that the NCAA's limits on amounts members can pay student-athletes violate federal antitrust law. John Richard Carrigan of Ogletree discusses the opinion and its potential impact.

  • Brexit Risk-Disclosure Considerations For US Reporting Cos.

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    Following recent remarks on Brexit by officials from the U.S. Securities and Exchange Commission and the U.K.'s Financial Conduct Authority, attorneys with Norton Rose Fulbright discuss the potential operational, financial and accounting risks posed by different Brexit scenarios that boards and audit committees should discuss in company disclosures.

  • A Potential Antitrust Pitfall For Amateur Sports Organizations

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    A recently filed suit in the Northern District of Illinois — Reapers Hockey Association v. Amateur Hockey Association Illinois — is a reminder of the complex precedent regarding antitrust exemptions for some, but not all, regulations of amateur sports, say David Hanselman and Joshua Eastby of McDermott Will & Emery LLP.

  • What We Heard At The FTC Hearings: Day 17

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    The latest hearing in the Federal Trade Commission’s series on competition in the 21st century addressed broadband markets. Marc Martin and Michael Sherling of Perkins Coie LLP discuss recurring themes, innovative concepts and other observations from the panels.

  • Legislative Fix For Post-Libor Issues Seems Improbable

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    Because the Libor rate for short-term loans will soon be gone, the U.S. Alternative Reference Rates Committee may seek to amend contracts wholesale through legislation. However, this solution would face serious political and legal obstacles, says Anne Beaumont of Friedman Kaplan Seiler & Adelman LLP.

  • Opinion

    Bill Against Forced Arbitration Is A Step In The Right Direction

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    Workers and consumers should not be forced into arbitration as a condition of working for or doing business with a company, and the recently introduced Forced Arbitration Injustice Repeal Act represents the first federal effort to rein in this practice, says Michael Maguire of the American Board of Trial Advocates.

  • And Now A Word From The Panel: An MDL Denial

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    In its recent denial of a motion to create a multidistrict proceeding in response to a “no-poach” clause in a company’s franchise agreements, the Judicial Panel on Multidistrict Litigation emphasized that there must be both “disputed” factual issues and “significant discovery" to justify an MDL, says Alan Rothman of Arnold & Porter.

  • Open-Source Software Raises Unique Antitrust Questions

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    The U.S. Department of Justice's review of the IBM-Red Hat deal is a reminder of potential anti-competitive concerns for participants in open-source software platforms, in mergers and acquisitions and beyond, say attorneys with Baker Botts LLP.

  • Setting The Record Straight On Women In Court Reporting

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    Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

  • Opinion

    Limiting Supreme Court's Size Is Not Enough

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    The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

  • Collective Redress In The EU: Past, Present And Future

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    Legislative processes harmonizing collective redress throughout the European Union have accelerated, leading to a proposed requirement that all member states establish collective action mechanisms, but some worry that the directive lacks sufficient guarantees against abusive litigation, say Philippe Métais and Elodie Valette of White & Case LLP.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

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