Competition

  • August 18, 2017

    Banks Shake Singapore Rate-Rigging Claims, For Now

    A New York federal judge on Friday partially dismissed a suit alleging more than 20 major worldwide banking institutions rigged Singapore’s benchmark interest rates, saying the investors who brought the case didn’t specifically link all defendants to the alleged conspiracy while giving them time to file a new complaint.

  • August 18, 2017

    Surgery Supply Cos. Slam Bid For Cert in Antitrust Suit

    Two surgery supply companies have urged the U.S. Supreme Court to deny certiorari to a specialized sutures company’s challenge to an antitrust decision over “bundled” sales of surgery products, saying the suture company’s claim of a circuit split and of an anti-competitive market for its goods are both erroneous.

  • August 18, 2017

    Apotex Can't Join Nearly Done Orphan Drug Suit, Eagle Says

    Apotex Inc. waited until litigation over the U.S. Food and Drug Administration's denial of orphan drug exclusivity for Eagle Pharmaceuticals Inc.'s chemotherapy injection Bendeka was nearly over before saying it needed to be involved to protect its in-process generic, Eagle said Thursday, urging the D.C. federal court to keep its competitor out of the suit.

  • August 18, 2017

    Uber Asks 3rd Circ. Not To Revive Philly Cab Antitrust Suit

    The Philadelphia Taxi Association should not get its antitrust suit against Uber reinstated because its alleged injuries are the result of an increase, rather than a decrease in competition, Uber told the Third Circuit on Friday.

  • August 18, 2017

    UK OKs Heineken's $393M Punch Taverns Buy With Pub Sales

    The U.K.’s Competition and Markets Authority on Friday assented to Heineken NV’s £305 million ($393 million) deal to purchase some 1,900 pubs owned by Punch Taverns PLC, saying that the brewer’s plan to sell pubs in 33 locations throughout the country alleviated its competitive concerns about the transaction.

  • August 18, 2017

    Auto Bearings Supplier Ends Price-Fixing Claims For $3.2M

    A Japan-based automotive bearings supplier reached a $3.23 million agreement Thursday in Michigan federal court to settle claims in multidistrict litigation that it participated in a price-fixing scheme with manufacturers in the U.S., Japan and Germany.

  • August 18, 2017

    BMI Asks 2nd Circ. To Uphold Fractional Licensing Win

    There is no support for the government's position that a decades-old antitrust consent decree prohibits Broadcast Music Inc. from issuing fractional licenses for music performance rights and a lower court's rejection of that interpretation should be upheld, BMI told the Second Circuit on Thursday.

  • August 17, 2017

    Deutsche Bank, BofA Pay $65.5M To Settle In Bond-Fix Suit

    Bank of America NA and Deutsche Bank AG have agreed to pay a collective $65.5 million to settle with investors over a purported scheme to rig the SSA bond market, according to settlement proposals filed Thursday.

  • August 17, 2017

    Patheon Gets $18.5M Fees After Prevailing In Antitrust Row

    A Florida federal judge granted pharmaceutical manufacturer Patheon Inc.'s request Thursday for $18.5 million in attorneys' fees and defense costs related to former joint venture partner Procaps SA's $255 million antitrust suit, which the court said was “especially unpleasant and nasty.”

  • August 17, 2017

    UK Forex Traders Want More Detail On Antitrust Charges

    Three British former “cartel” foreign exchange traders fighting charges of conspiring to fix the price of U.S. dollars and euros in the foreign currency exchange spot market are clamoring for more detail on the charges, telling a New York judge that prosecutors haven’t even said what trades were unlawful.

  • August 17, 2017

    Mylan, Pfizer Escape Suit Over EpiPen Pricing

    An EpiPen direct purchaser’s decision to drop a proposed class action, alleging pharmaceutical companies including Mylan Inc. and Pfizer Inc. stifled competition in an effort to drive up prices for their potentially lifesaving allergy treatment, was approved in a New Jersey federal court on Tuesday.

  • August 17, 2017

    Former FTC Litigator Joins Constantine’s Antitrust Practice

    Constantine Cannon LLP has nabbed a former Federal Trade Commission Bureau of Competition trial lawyer to join the firm's antitrust practice as a partner in its Washington, D.C., and San Francisco offices, where he will represent health care, pharmaceutical, retail and technology clients.

  • August 17, 2017

    Wellbutrin Buyers Didn’t Show Harm By GSK, 3rd Circ. Says

    The Third Circuit on Thursday revealed the reasoning behind its decision earlier this month to affirm a win for GlaxoSmithKline PLC in litigation accusing it of stifling generic competition for Wellbutrin XL, saying the purchasers who brought the suit did not show they were injured by GSK.

  • August 17, 2017

    FTC Pushes To Protect Informants In Qualcomm Antitrust Suit

    The Federal Trade Commission on Wednesday provided a California federal judge with a privilege log in support of the agency’s argument that it shouldn’t have to reveal its informants in its antitrust suit accusing Qualcomm Inc. of unfair patent licensing practices, as well as a supplemental letter from the European Commission director-general for competition.

  • August 17, 2017

    JPMorgan’s $22M Swiss Franc Libor Deal Gets Preliminary OK

    A New York federal judge on Wednesday approved a $22 million “ice-breaker” settlement between JPMorgan Chase & Co. and a class of investors who accuse banks of rigging the market for derivatives tied to the Swiss franc London Interbank Offered Rate, a deal that the plaintiffs hope will strengthen their case against other defendants.

  • August 17, 2017

    Sanofi Blew Whistle On Mylan's EpiPen Rebate Woes: Feds

    Mylan will pay $465 million to resolve allegations that it ripped off the government by underpaying rebates for the EpiPen, federal authorities said Thursday, revealing for the first time that competitor Sanofi first blew the whistle in a False Claims Act suit.

  • August 17, 2017

    Pension Funds Say Banks Blocked Stock Loan Competition

    A group of public pension funds on Thursday sued Bank of America Corp., JPMorgan Chase & Co., Goldman Sachs Group Inc. and two other big banks alleging that they colluded to prevent modernization of the $1.7 trillion stock loan market to prevent losing out on massive fees.

  • August 17, 2017

    Haldex Investors Back Buyout As Antitrust Hurdles Loom

    Investors of Swiss brake company Haldex voted Thursday in favor of German rival Knorr-Bremse pressing forward with its 5.52 billion Swedish kronor ($680.5 million) buyout, after Haldex’s board pulled its support for the deal amid concerns antitrust regulators will block it.

  • August 17, 2017

    Uber Scores 2nd Circ. Win In Price-Fix Arbitration Dispute

    The Second Circuit on Thursday threw out a decision by U.S. District Judge Jed S. Rakoff that Uber could not force a customer to arbitrate price-fixing accusations against the company, saying rider Spencer Meyer was given adequate notice of Uber's terms when he signed up for the ride-sharing service.

  • August 16, 2017

    Calif. Urges Judge To Block Valero Energy Terminal Deal

    The state of California asked a federal judge at a hearing Wednesday for a preliminary injunction blocking Valero Energy Corp. from buying two petroleum terminals, saying it would hurt competition and raise fuel prices, while Valero warned that granting the request would kill the deal.

Expert Analysis

  • Obama's Overlooked Antitrust Legacy

    Kelsey Shannon

    There is an Obama antitrust legacy of aggressive enforcement, particularly on mergers, but this legacy is mostly ignored. The antitrust bar should care about this oversight, says Kelsey Shannon of the Lynn Law Firm.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

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    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Antitrust Complaints About Giant Companies Are Not New

    Steven Cernak

    According to many publications, a handful of companies are getting too big, and maybe we need to change the antitrust laws. What these commentaries never seem to acknowledge is that the U.S. economy has seen these kinds of supposedly unassailable behemoths in the past — and survived, says Steven Cernak of Schiff Hardin LLP.