Competition

  • May 28, 2020

    Express Scripts Loses Bid To Probe Emails In Antitrust Case

    Express Scripts Inc. may not use an "overbroad" discovery request to dig through years of emails belonging to a consultant for an Illinois city that filed a proposed class action over drugmaker Mallinckrodt's purported scheme to drive up the cost of a hormone treatment, an Illinois federal judge has ruled.

  • May 28, 2020

    Constellation Revises Gallo $1B Deal Again To Placate FTC

    Constellation Brands said Thursday it has removed yet another alcohol brand from the menu of its partial portfolio sale to E. & J. Gallo Winery to address Federal Trade Commission antitrust concerns, revising a deal that was once valued at $1.7 billion down to just over $1 billion.

  • May 28, 2020

    Feds Say Virus No Basis For Ex-Bumble Bee CEO To Skip Jail

    Prosecutors who secured the price-fixing conviction of former Bumble Bee CEO Chris Lischewski have panned the 59-year-old's assertion that jail time presents a threat to his life during the coronavirus pandemic, arguing he's not in a high-risk category and deserves no special treatment. 

  • May 28, 2020

    Pharma Cos. Slam Cert. Bid In Diabetes Drug Price-Fixing Suit

    A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers that claims the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.

  • May 28, 2020

    DOJ Clears Satellite Cos. Merger With Conditions

    Global electronic components maker Communications and Power Industries LLC clinched U.S. Department of Justice approval Thursday to acquire a business unit of General Dynamics Corp., as long as the California-based company sells its satellite business subsidiary.

  • May 28, 2020

    EU Court Unblocks £10B Hutchison-O2 Deal

    In a move that could have major implications for how EU antitrust enforcers assess mergers, a General Court of the European Union panel on Thursday annulled the European Commission's decision to block CK Hutchison Holdings Ltd.'s planned £10.25 billion acquisition of Telefonica SA's O2.

  • May 28, 2020

    Poultry Cos. Say Crisis Response First, Price-Fix Depos Later

    Chicken producers facing allegations of a sweeping price-fixing conspiracy have pushed back on poultry buyers' bid to get some depositions back underway, arguing they can't adequately prepare witnesses while straining to brace a food supply chain rocked by the pandemic.

  • May 28, 2020

    Anadarko Can't Duck Wyoming Landowners' Antitrust Suit Yet

    Anadarko Petroleum Corp. hasn't mounted a strong enough case to convince a Wyoming federal court to dismiss claims that the company has been collecting drilling permits it doesn't intend to use in order to keep others from profiting off certain swaths of land.

  • May 28, 2020

    FDA Asks Full DC Circ. To Undo Eagle's Orphan Drug Win

    The U.S. Food and Drug Administration urged the full D.C. Circuit Wednesday to reconsider a panel's ruling that multiple manufacturers of a drug that treats the same rare medical condition are entitled to marketing exclusivity, arguing the decision giving Eagle Pharmaceuticals exclusivity over its blood cancer drug Bendeka is erroneous.

  • May 28, 2020

    Truck Biz Wants Price-Fix Suits Against Oil Cos. Linked

    A trucking company accusing two oil-trading firms of fixing gas prices is asking a California federal judge to tie three more recently filed but similar suits to its own complaint, saying the proposed class actions belong together.

  • May 28, 2020

    EU Waives Fix For Takeda's £46B Shire Deal

    Europe's competition watchdog said Thursday that Takeda Pharmaceutical Co. Ltd. will not have to sell a biologic drug it agreed to shed for approval of its £46 billion ($56.7 billion) purchase of Shire PLC because changes in circumstances have made it unnecessary.

  • May 28, 2020

    Titan Of The Plaintiffs Bar: Cohen Milstein's Daniel A. Small

    Daniel A. Small, known today as one of the country's most respected litigators in antitrust class actions, never took an antitrust course in law school. In fact, Small had no intention of becoming a lawyer at all when he was starting his career. After earning his history degree, he took a gig teaching middle schoolers at a New York boarding school.

  • May 28, 2020

    Calif. Law Firm Hits Google With Antitrust Suit Over Ads

    California law firm and two other businesses filed a class action against Google and its parent company, Alphabet Inc., on Wednesday, claiming the companies had established a monopoly in online display advertising.

  • May 27, 2020

    Non-Medical Faculty Launch Own Duke No-Poach Suit

    The same attorneys who signed a $54.5 million settlement with Duke University over its alleged deal not to poach University of North Carolina medical school faculty filed a new proposed class action against Duke on Wednesday alleging that the schools' no-poach arrangement covered non-medical faculty as well.

  • May 27, 2020

    Tech Giants Beat Conservatives' Free Speech Suit At DC Circ.

    The D.C. Circuit on Wednesday affirmed the dismissal of a conservative group's $1.5 billion lawsuit accusing Twitter, Facebook, Apple and Alphabet's Google of violating the First Amendment and antitrust statutes by censoring conservative content, finding the suit fails to state a claim on all fronts.

  • May 27, 2020

    Judge Won't Fast-Track Vegas Sun's Antitrust Row With Rival

    A Nevada federal court on Tuesday rejected a bid from the Las Vegas Sun to fast-track its suit accusing rival daily newspaper the Review-Journal and billionaire owner Sheldon Adelson of trying to monopolize the local newspaper market and snuff out an alternative voice in the city.

  • May 27, 2020

    'Apocalyptic' Virus Merger Args Won't Work, FTC Official Says

    The head of the Federal Trade Commission's competition bureau warned merging parties on Wednesday that "failing firm" defenses of otherwise anti-competitive transactions will continue to fall on skeptical ears amid the COVID-19 pandemic and its economic fallout.

  • May 27, 2020

    CRT Buyers Hit Back At Bid To Stop $577M Deals At 9th Circ.

    Cathode ray tube buyers are coming out swinging against a "contorted and baseless" challenge to $576.8 million in price-fixing settlements they have cut with manufacturers, telling the Ninth Circuit it can't touch the matter until the deals have been finalized.

  • May 27, 2020

    Convicted Ex-Bumble Bee CEO Dodges Civil Suit For Now

    A California federal judge on Tuesday tossed a Kansas wholesale distributor's canned tuna price-fixing claims against convicted former Bumble Bee Foods CEO Chris Lischewski, saying the suit doesn't sufficiently connect his actions to the filing jurisdiction, but would allow the distributor to try again in another court.

  • May 27, 2020

    Titan Of The Plaintiffs Bar: Berger Montague's Eric L. Cramer

    The chairman of Philly-based Berger Montague was in California to represent direct buyers accusing capacitor manufacturers of a price-fixing conspiracy when a San Francisco federal court decided to suspend all jury proceedings following the coronavirus outbreak.

  • May 27, 2020

    Taiwan Antitrust Agency Clears Mylan, Pfizer Unit Deal

    Taiwan's antitrust agency cleared pharmaceutical company Mylan's merger with Upjohn, a current Pfizer division that sells generics and off-patent drugs like Viagra, Lipitor and Xanax.

  • May 27, 2020

    All-Star Gym Hits Cheerleading Org. With Antitrust Suit

    A California competitive cheerleading gym filed a class action suit against sport giant Varsity Brands LLC and the sport's governing body, U.S. All Star Federation Inc. (USASF), on Tuesday, claiming the two entities worked together to monopolize the all-star cheer competition and apparel market.

  • May 27, 2020

    $750M Namenda Deal OK'd But 21% Atty Fee Request In Doubt

    A Manhattan federal judge on Wednesday approved a landmark $750 million settlement over allegations that an Allergan PLC subsidiary thwarted generic competition for its Alzheimer's drug Namenda, but cast doubt on awarding $157 million in attorney fees, calling the figure "astronomically large."

  • May 27, 2020

    NatWest Ducks Libor-Rigging Case After Missed Deadline

    A trust for the owners of a luxury travel business cannot fight NatWest for more than £8 million ($9.8 million) over an interest rate scandal that rocked British lenders, as a judge said Wednesday that the lawsuit had been filed 13 days late.

  • May 26, 2020

    Pfizer, Mylan Can't Quickly Appeal EpiPen RICO Class Cert.

    EpiPen manufacturer Pfizer and distributor Mylan cannot immediately appeal a Kansas federal judge's certification of a nationwide class under the Racketeer Influenced and Corrupt Organizations Act in multidistrict litigation over the price of the emergency allergy treatment, the Tenth Circuit ruled Tuesday, finding the district court's conclusions "well-supported."

Expert Analysis

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Risk Management Concepts For Public-Private Crisis Projects

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    As businesses new to public-private partnerships consider coronavirus-related disaster relief contracts, there are a number of issues general counsel and chief risk officers for these companies should consider that need not be a serious burden on operations, says Jordan Strauss at Kroll.

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    Google's Fair Use Defense At High Court Is Disingenuous

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    Because strong copyright protection does not hinder interoperability, Google’s argument in its U.S. Supreme Court case against Oracle that all application programming interfaces are subject to fair use should not prevail, says James Skyles at Skyles Law Group.

  • How CFTC's Agricultural Enforcement May Evolve Amid Crisis

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    The U.S. Commodity Futures Trading Commission recently singled out agricultural commodities market manipulation as an area of focus, potentially representing a return to the agency’s core mission that could shape enforcement during the current crisis, say attorneys at Latham.

  • 5 Things To Expect In Vertical Merger Reviews

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    Based on their experience working on the CVS Health-Aetna merger, Rani Habash at Dechert and Steven Tenn and Omar Farooque at Charles River Associates provide insight into how the antitrust agencies are likely to assess vertical issues in proposed transactions.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • A Vertical Challenge May Have Fared Better In Sabre Merger

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    A vertical challenge may have been the U.S. Department of Justice's best chance to block the Sabre-Farelogix merger — subsequently blocked by an adverse United Kingdom ruling — as well as an opportunity to test its new vertical merger draft guidelines, say James Fishkin and Dennis Schmelzer at Dechert.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Gov't Amicus Efforts Show Antitrust Policy Via Advocacy

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    Under President Donald Trump, the U.S. Department of Justice's Antitrust Division has filed an increasing number of amicus briefs in an effort to influence antitrust law, revealing enforcement priorities and policy positions even where they don't persuade courts, say attorneys at McDermott.

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