Competition

  • May 23, 2017

    Apple, Nokia Deal Resolves Slew Of Video Patent Suits

    Apple and Nokia set aside their differences and reached a business deal to end sprawling patent litigation that accused the California-based iPhone maker of infringing 40 Nokia patents for video coding, compression and other technologies, the companies said Tuesday.

  • May 23, 2017

    High Court Asked To Review Car Shipping Price-Fix Dispute

    Truck and equipment dealers and other buyers of vehicles transported by maritime shipping companies on Tuesday asked the U.S. Supreme Court to overturn a Third Circuit ruling that shipping companies are immune from allegations of a conspiracy to stifle competition and fix prices for vehicle transportation.

  • May 23, 2017

    Cubs, Rooftop Owners Spar Over Stadium Views At 7th Circ.

    The Chicago Cubs and a group of Wrigley Field-area rooftop owners went before the Seventh Circuit on Tuesday to argue whether the baseball team broke a contract when it broke the owners' stadium sight lines in an alleged bid to monopolize game views.

  • May 23, 2017

    Rate-Swap Class Plaintiffs Paint Big-Dollar Damages Picture

    A Manhattan federal judge sought Tuesday to assess the size of a potential class action alleging a dozen megabanks including Goldman Sachs Group Inc. and Bank of America Corp. colluded to block startup trading platforms from entering the giant market for interest rate swaps, after a plaintiffs-side lawyer alluded to potential billion-dollar damages.

  • May 23, 2017

    DOJ Antitrust Division, FTC Propose Cutting Employees

    The U.S. Department of Justice’s antitrust division and the Federal Trade Commission on Tuesday recommended that their funding levels be kept mostly the same in fiscal year 2018 but proposed to reduce staffing following President Donald Trump’s request for government agencies to cut federal workers.

  • May 23, 2017

    Auto Parts Supplier Settles Price-Fixing Claims For $7.6M

    End payors on Monday asked a Michigan federal judge to approve a proposed $7.6 million deal to settle claims in multidistrict litigation that an automotive bearings supplier and its Swedish affiliates participated in a price-fixing scheme with manufacturers in the U.S., Japan and Germany.

  • May 23, 2017

    Judge Greenlights Merck's $60M Deal In Pay-For-Delay MDL

    A New Jersey federal judge on Tuesday gave his preliminary approval to a $60.2 million settlement among Merck & Co. Inc., Upsher-Smith Laboratories Inc. and direct purchasers of the potassium supplement K-Dur, which will end long-running multidistrict litigation accusing the drug companies of engaging in a pay-for-delay scheme.

  • May 23, 2017

    40 States Defend Power To Bring Generic-Drug Price-Fix Suit

    Forty states on Monday defended their lawsuit against six generic-drug manufacturers alleging they divided the market and fixed the price of an antibiotic and a diabetes treatment, saying they have the authority to seek an injunction and monetary relief under federal antitrust law.

  • May 23, 2017

    UK Watchdog Accuses Merck Of Arthritis Drug Scheme

    The U.K.'s Competition and Markets Authority provisionally found Tuesday that pharmaceutical company Merck Sharp & Dohme Ltd. has operated an anti-competitive discount scheme for its popular brand-name arthritis medicine Remicade in an attempt to keep rival generic drugs off the market.

  • May 22, 2017

    Damage Calculations Trimmed In Provigil Pay-For-Delay Row

    A Pennsylvania federal judge has agreed to trim damage calculations put forward by an expert for Apotex Inc. in a dispute over how it was impacted by generic Provigil pay-for-delay deals it is challenging in court, ruling that two of the three offered calculations that relied on questionable assumptions.

  • May 22, 2017

    Investors Ask To Keep Deutsche, JPMorgan Deals In NY

    The investors who sued several big financial institutions for allegedly rigging interbank loan rates asked a New York federal judge Monday to claim jurisdiction over their litigation with Deutsche Bank and JPMorgan, arguing the case’s dismissal and pending appeal has created difficulties in finalizing settlements with the banks.

  • May 22, 2017

    Sullivan & Cromwell Snags EU Antitrust Pro In Brussels

    Sullivan & Cromwell LLP announced Monday it brought on Brussels-based competition partner Michael Rosenthal, formerly of Wilson Sonsini Goodrich & Rosati PC, to expand its global antitrust practice in the home of the European Union’s antitrust watchdog.

  • May 22, 2017

    Concert Pharma Gets 2nd FTC Request Over Vertex Deal

    Massachusetts-based Concert Pharmaceuticals Inc. has received a second request for information from the Federal Trade Commission for the planned sale of its investigational cystic fibrosis treatment to Vertex Pharmaceuticals Inc. in a deal worth up to $250 million, the company said Monday.

  • May 22, 2017

    Buyers Want GSK, Teva To Cough Up Info In Lamictal Suit

    GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. have refused to hand over crucial information such as Teva’s financial forecasts in a potential class action by buyers alleging that the companies conspired to delay generic competition for epilepsy treatment Lamictal, counsel for purchasers of the drug told a New Jersey federal court on Friday.

  • May 22, 2017

    AIG Needn't Defend Carfax In $50M Antitrust Suit

    A New York judge has found an AIG unit does not have to defend Carfax against a $50 million suit alleging the company monopolized the vehicle history report market, saying references to defamation in the suit cannot get Carfax out from under an antitrust exclusion.

  • May 22, 2017

    Visa, Mastercard Beat Injunction Bid In ATM Antitrust Suit

    A D.C. federal court on Monday refused to block Visa and Mastercard from enforcing ATM fee rules that allegedly violate federal antitrust law, saying the National ATM Council failed to prove that the rules have caused the number of independent ATMs to decline.

  • May 22, 2017

    EU Antitrust Watchdog To Study Syndicated Loan Market

    The European Commission has decided to study competition in the loan syndication market in the U.K., Germany and four other European nations, citing the growing importance of the multi-lender offerings for leveraged buyouts and other large projects.

  • May 22, 2017

    UK Watchdog Launches Probe Into Car Parts Cos.' Merger

    The United Kingdom’s Competition and Markets Authority said Monday it is launching an independent in-depth investigation into Euro Car Parts’ acquisition of another car parts supplier, Andrew Page Ltd., after the former failed to address the government’s competition concerns.

  • May 22, 2017

    Facebook Eyes Settlement Of Virtual Cash Antitrust Suit

    Facebook Inc. and Social Ranger LLC have tentatively reached a settlement in a suit alleging the social media giant used anti-competitive practices to dominate the virtual currency services market in social gaming, and a Delaware federal judge on Friday paused the case so the companies could finalize a deal.

  • May 22, 2017

    High Court Won't Review La. Nursing Board Antitrust Suit

    The U.S. Supreme Court declined Monday to review a Fifth Circuit decision finding the Louisiana State Board of Nursing was immune from an antitrust suit by a former Grambling State University nursing student whose program was shut down.

Expert Analysis

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • The Efficiencies Defense: What Would High Court Do?

    Joe Miller

    Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Merger Notification In China And The Statute Of Limitations

    Wei Huang

    There are two approaches to Chinese law regarding failure to declare concentration — one is that businesses will no longer face anti-monopoly risk after two years, and the other is that they could still face risk after two years. As seen in the recent Cummins case, China's Ministry of Commerce clearly prefers the latter, say attorneys with Tian Yuan Law Firm.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 2

    Enzo Marasà

    U.S.-based companies distributing their products online or setting up e-retail platforms in the EU must pay particular attention to how they select online distribution partners, as well as what type of sales restrictions they impose or agree to, if they want to avoid legal trouble, says Enzo Marasà of Portolano Cavallo.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • What US Cos. Must Know About EU E-Commerce Rules: Part 1

    Enzo Marasà

    U.S.-based manufacturers and retailers who want to sell in the EU face legal challenges in selecting and controlling their distribution networks, particularly with regard to online sales. All stakeholders must understand the restrictions imposed by Article 101 of the Treaty on the Functioning of the European Union, which prohibits anti-competitive agreements, says Enzo Marasà of Portolano Cavallo.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • Problems In Proposed Changes To Vietnam's Competition Law

    Koren Wong-Ervin

    There are troubling provisions in proposed amendments to the Competition Law of the Socialist Republic of Vietnam. The approach to abuse of dominance is contrary to the teachings from modern economics, says Koren Wong-Ervin, director of the Global Antitrust Institute at George Mason University.