More than four years after the U.S. Supreme Court's landmark pay-for-delay ruling, litigation over the pharmaceutical patent settlements continues to steam ahead, but Federal Trade Commission Chairman Maureen Ohlhausen indicated the antitrust enforcer's crackdown might have at last turned the corner as the number of potentially problematic deals dropped. Here's a cheat sheet of major pay-for-delay suits to watch in 2018.
A former Fiat Chrysler executive pled guilty to several counts in Michigan federal court Monday stemming from his alleged role in a scheme to pay off a onetime United Automobile Workers vice president and his wife with more than $1.5 million in cash and gifts, prosecutors announced.
A Missouri federal judge on Monday ended a suit claiming that Express Scripts Inc. illegally kicked a pharmacy out of its network, finding there wasn’t evidence the benefits manager had anti-competitive motivations for determining the pharmacy violated the terms of their contract.
The D.C. federal judge overseeing the government's challenge to AT&T Inc.'s proposed $85 billion purchase of Time Warner Inc. ordered the U.S. Department of Justice on Monday to ask several third parties for permission to turn over information they provided in past merger investigations.
Various state organizations and the American Public Power Association deluged the U.S. Supreme Court with amicus briefs Monday, supporting a Phoenix-area utility seeking immunity from a Tesla unit’s antitrust suit and raising concerns about respect for state sovereignty.
The American Cable Association urged the Federal Communications Commission to examine the recently expired conditions on Comcast's purchase of NBCUniversal and implement new rules to deter the anti-competitive impacts of AT&T’s $85.4 billion pending merger with Time Warner.
A Florida federal court on Monday granted Cox Enterprises Inc.'s motion to compel arbitration in a suit brought by Citi Cars Inc., a bankrupt used car dealership that claims the conglomerate used a monopoly on the wholesale vehicle market to inflate its price points.
The Justice Department on Sunday urged a Michigan federal court not to pause an antitrust case against a Michigan hospital that it says agreed with other hospitals not to advertise in each other's territories, after the company said it needs more time to explore a settlement.
Food distribution giants US Foods Inc. and Sysco Corp. have joined the canned tuna price-fixing fray with separate complaints in Illinois and Texas federal courts accusing seafood companies of conspiring to raise prices on the tuna they spent “hundreds of millions” to purchase.
The competition team at Gibson Dunn & Crutcher LLP scored important wins for clients including Uber Technologies and Foxconn in high-stakes antitrust litigation last year, while also helping steer several major mergers through regulatory clearances, earning a place among Law360's Practice Groups of the Year.
The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues.
The Federal Trade Commission is looking for additional information from Broadcom Ltd. as part of an antitrust review process into its ongoing attempt to take over Qualcomm Inc., the semiconductor technology company said in a statement Friday.
The Federal Trade Commission on Friday signed off on a $3.3 billion deal that would let 7-Eleven's parent company acquire nearly 1,100 gas stations from Sunoco LP on the condition that nearly 60 stores stay with or move to Sunoco.
The head of the U.S. Department of Justice's antitrust division and the Federal Trade Commission's acting chairman both said Friday that competition enforcers have a role to play in helping protect intellectual property rights in order to encourage innovation, but warned against going to far.
Two media organizations have launched a challenge to the Federal Communications Commission’s deregulation of its broadcast media ownership rules, telling the Third Circuit that the agency slashed important diversity safeguards without ample justification.
The U.S. Department of Justice's antitrust chief said Friday that the division has a handful of criminal cases in the works over agreements by companies not to hire each other's workers, signaling that a focus of the Obama administration is continuing.
Morgan Lewis & Bockius LLP’s antitrust attorneys have reeled in a number of trophy-sized victories over the past year, winning dismissal of multidistrict and class action litigation against major corporations like Shell, Uber and Comcast to earn the group a spot among Law360’s Competition Practice Groups of the Year.
Global financial services giant HSBC Holdings PLC on Thursday agreed to pay $101.5 million as part of a deferred prosecution agreement filed in New York federal court to settle claims it defrauded two clients in a multimillion-dollar scheme to manipulate currency exchanges.
In a case that could delineate what counts as gun-jumping under European Union merger law, an adviser to the bloc's highest court wrote Thursday that companies should be allowed to take certain preparatory steps to move ahead with their deals before receiving antitrust clearance.
The European Commission has announced that it is investigating Poland’s low flat-rate sales tax for shipyards operating within the nation's borders, saying the policy is possibly flouting European Union state aid rules by giving a selective advantage to companies in the country.
Outpatient surgical center Marion HealthCare LLC on Wednesday hit back at claims that it improperly filed confidential information in its Illinois antitrust suit against Southern Illinois Healthcare, blaming the hospital chain for the accidental disclosure of contract information.
In December, three of the Trump administration’s judicial nominees were forced to withdraw after serious bipartisan concerns arose about their qualifications. What lessons can potential nominees learn from these high-profile failures? Having previously served on the White House vetting team during the Obama administration, I can offer three important points, says Arun Rao, executive vice president of Investigative Group International.
While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.
Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.
A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.
Given the incentives to organize vertically, California cannabis regulators will need to identify and challenge harmful vertical integration, but allow efficiency-improving integration in cannabis markets and revise regulations to reduce inefficiencies, says Georgina Moreno of Econ One Research Inc.
While the U.S. has a long history of class action litigation, there are still many unknowns in the U.K. as to what the courts are looking for in order to certify a class. The recent filing of a lawsuit against Google will hopefully provide guidance on whether private group consumer redress will be successful on the other side of the Atlantic, says Lauren McGeever of Epiq Systems Inc.
The U.S. Department of Justice has appealed the Utah federal court's surprising ruling in Kemp & Associates that the customer allocation charges did not describe per se illegal conduct. But if the Tenth Circuit shares the district court's discomfort with criminal prosecution in the obscure "heir location services" industry, it could spell trouble for the invulnerability of the per se rule, says Mary Strimel of McDermott Will & Emery LLP.
Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.
Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.
Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.