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Competition

  • May 25, 2018

    Monopoly Argument Falls Short In Bid For New Fla. Hospice

    A Florida appeals court ruled Friday that despite the presence of a regional monopoly in hospice services in and around Sarasota County, the state's health administrative agency acted within its legal rights when it denied a certificate of need application for a new provider based on other factors.

  • May 25, 2018

    Securus Looking To Buy Major Prison Calling Rival

    The private equity firm that owns prominent prison-phone operator Securus Technologies Inc. may be acquiring one of its dominant competitors from TKC Holdings Inc., recent documents filed with several state public utility commissions indicated.

  • May 25, 2018

    Magistrate Won't Stay Discovery In TIKD's Antitrust Suit

    A Florida magistrate judge said Friday he could not halt discovery in the $11.4 million antitrust suit filed by traffic ticket services startup TIKD against the Florida Bar and a traffic ticket law firm, as he feared doing so would step on the toes of the presiding judge.

  • May 25, 2018

    Paint Recycler Rebuts Sanctions Bid In Antitrust Row

     A defunct San Francisco-area paint recycler pushed back at attempts to sanction the company for its antitrust suit against a nonprofit paint industry outfit that does similar work, telling a California federal judge that it has plenty of evidence to back its claims.

  • May 25, 2018

    BCBS Wants Instant Appeal Of Per Se Ruling In Antitrust MDL

    Blue Cross Blue Shield insurers urged an Alabama federal judge on Thursday to allow for an immediate appeal of a ruling that found they have to face the strict per se standard, which presumes that an alleged plot to divvy up geographic markets by the insurance plans was unlawful.

  • May 25, 2018

    Sinclair Withheld Info On Divestitures, Cable Group Says

    The American Cable Association slammed Sinclair Broadcasting Group for withholding information regarding its plan to divest several broadcast stations in order to bring its proposed merger with Tribune Media Inc. into compliance with media ownership rules, urging the Federal Communications Commission on Thursday to demand more information from the company.

  • May 25, 2018

    Reed Smith Nabs Ex-Steptoe Partner To Chair Antitrust Group

    Reed Smith has bolstered its regulatory enforcement group by snagging a partner from Steptoe & Johnson to help lead its antitrust practice out of its Washington, D.C., office.

  • May 25, 2018

    Buyers Can't Bar Testimony In Teva Pay-For-Delay Suit

    A Pennsylvania federal judge has cleared Teva Pharmaceuticals Industries Ltd. to use deposition testimony in an antitrust class action over an alleged pay-for-delay scheme for generic versions of cholesterol drug Niaspan, ruling that the pharmaceutical giant had not weaponized information protected by attorney-client privilege.

  • May 25, 2018

    EU Says Irish Credit Union Wind Up Scheme Passes Muster

    The European Commission on Friday renewed an Irish scheme that helps to wind up member-owned financial cooperatives in an orderly way, saying it is in line with European Union state aid rules.

  • May 24, 2018

    Kobre & Kim Adds To Recent Crop Of Ex-Gov't Attys

    Kobre & Kim continues to bring in former government attorneys with a penchant for cross-border work — including five recent hires with experience at the U.S. Department of Justice and the Commodity Futures Trading Commission, the firm announced on Thursday.

  • May 24, 2018

    Teledentistry Co. Hits Ga. Dentistry Board With Antitrust Suit

    Teledentistry company Smile Direct Club LLC has slapped Georgia’s Board of Dentistry with a lawsuit in Georgia federal court accusing it of impermissibly restricting trade through a recently passed rule that requires a licensed dentist to supervise digital scans used to fit orthodontic aligners for straightening crooked teeth.

  • May 24, 2018

    Cable Group Sounds Alarm Over Possible Comcast-Fox Deal

    A group representing cable providers cried foul Wednesday at Comcast’s bid to buy 21st Century Fox assets already promised to Walt Disney Co., warning that the deal could doubly hurt the market now that prior conditions on Comcast’s acquisition of NBCU have expired.

  • May 24, 2018

    FTC Can't Get Access To Qualcomm's Internal Patent Ratings

    The Federal Trade Commission won’t be able to get access to Qualcomm’s internal patent database because the ratings there are subject to attorney-client privilege, a California federal judge said, dealing a blow to the agency’s litigation over the chipmaker’s patent-licensing practices.

  • May 24, 2018

    Maritime Co. Tries To Revive $2.5M Antitrust Defense Fight

    Crowley Maritime Corp. urged the Eleventh Circuit to revive the shipping company's lawsuit to force an AIG unit to cover the $2.5 million that Crowley shelled out to defend a subsidiary's former executive against antitrust allegations, asserting Thursday that it provided timely notice of the claim to the insurer.

  • May 24, 2018

    Procaps Hits Carlton Fields With $15M Malpractice Suit

    Procaps SA has brought a $15 million malpractice suit against Carlton Fields in Florida state court, accusing the firm of encouraging it to bring a disastrous antitrust suit against its former partner and not disclosing that the Colombian drugmaker could be left on the hook for attorneys’ fees if it lost.

  • May 24, 2018

    FCC Urged To Extend Comment Period On Wireline Co. Rules

    The Federal Communications Commission has received more than a dozen requests as of Thursday from state-level regulators and consumer and industry advocates for more time to weigh in on a bid by legacy wireline companies to escape Clinton-era rules requiring them to share their networks with upstart competitors.

  • May 24, 2018

    EU Hits Gazprom With Antitrust Conditions

    The European Union's antitrust enforcer said Thursday that after a six-year investigation it has imposed various conditions on Gazprom over concerns the Russian state-owned gas giant abused its dominance of central and eastern European gas markets.

  • May 24, 2018

    Beijing Blasts Canada For Blocking Sale Of Construction Co.

    China's foreign ministry pushed back Thursday against Canada's decision to block a Chinese buyer's CA$1.51 billion ($1.16 billion) takeover of construction company Aecon Group Inc., suggesting that the move was motivated by politics and not national security concerns and calling for a fair playing field for foreign investors.

  • May 23, 2018

    Objectors Chafe At 18% Fee Request In $2.3B Forex Deal

    Major questions still dog the path to final approval of a $2.3 billion settlement of forex-rate-rigging claims by 15 major banks, a hearing Wednesday revealed, as a New York federal judge asked plaintiffs’ counsel for more data to support an 18 percent fee request and delved into the proper treatment of ERISA claims.

  • May 23, 2018

    4 Things Keeping Telecom Attorneys Up At Night

    From staggering megamergers to the rise of artificial intelligence, telecom attorneys have some pretty complicated legal matters on their minds heading into the second half of 2018. Here’s a look at what’s keeping some communications experts up at night.

Expert Analysis

  • A Wish For Nonexistent Cheap Drugs Is Not Standing To Sue

    Nicholas Landau

    The releases of highly effective, highly priced drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. The Federal Circuit's decision this month in AIDS Healthcare Foundation v. Gilead demonstrates how choosing the wrong venue for your patent challenge can doom it before it even starts, says Nicholas Landau of Bradley Arant Boult Cummings LLP.

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 2

    Stephen Bronars

    Four challenges often arise in modeling wages for pay discrimination cases, and modeling wages across multiple firms in a no-poaching context further complicates matters, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • ​A Wage-Analysis Primer For Antitrust Attorneys: Part 1

    Stephen Bronars

    As the U.S. Department of Justice's Antitrust Division attempts to prosecute no-poach and wage-fixing agreements, the wage analyses that are frequently used in employment discrimination cases will become increasingly relevant in the antitrust arena, say Stephen Bronars and Deborah Foster of Edgeworth Economics LLC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • FDA Notices Show Agency Is All In On Tobacco Regulation

    Paul Cicelski

    In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.

  • Criminal Antitrust Enforcement Has A New Leader

    Tara Reinhart

    For the first time in many years, the deputy assistant attorney general for criminal enforcement at the U.S. Department of Justice Antitrust Division will come from outside the Antitrust Division. The appointment of Richard A. Powers is important because he could stay in the role well beyond this administration, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.