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Competition

  • January 21, 2019

    UK Gov't Won't Rule Out No-Deal Brexit, May Insists

    Prime Minister Theresa May said Monday that her government will not rule out leaving the European Union without a deal and will not seek an extension of the March 29 departure date, despite continued parliamentary resistance to her draft withdrawal agreement.

  • January 18, 2019

    Qualcomm Exec Says Google, FTC Deal Was Royalties Model

    A Qualcomm executive took the stand Friday during a California federal bench trial over the Federal Trade Commission's allegations the company's "no license, no chips" practice violates antitrust laws, testifying that it modeled its standard-essential patent process after Google's 2013 consent decree with the FTC.

  • January 18, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen former Rabobank trader Anthony Conti sue his old employer, ArcelorMittal take Essar’s investment manager to court months after acquiring its steel business, and the managing director of AlixPartners sue a prominent Irish businessman and a British property tycoon. Here, Law360 looks at those and other new claims in the U.K.

  • January 18, 2019

    Movie Studios Call VidAngel's Fair Use Bid 'Utter Nonsense'

    Disney and a half dozen other movie studios urged a California federal judge Friday to find that streaming service VidAngel can't rely on fair use principles to defend its practice of distributing family-friendly edits of their films online, calling VidAngel's defense against their infringement claims "utter nonsense."

  • January 18, 2019

    White & Case Adds Former Justice Dept. Head, Gaming GC

    White & Case LLP has beefed up it governance, disputes, sanctions and antitrust practices with the addition of an O'Melveny & Myers LLP former partner whose varied career includes being a presidential appointee supervising all Justice Department financial prosecutions and serving as general counsel to two different public gaming companies.

  • January 18, 2019

    UnitedHealth Sues Generic-Drug Makers For Price-Fixing

    Health insurance giant United HealthCare Services Inc. has slapped a host of generic-drug makers with a sprawling lawsuit in Minnesota federal court alleging they conspired to hike prices on a range of medications and saying “collusion in the generic pharmaceutical industry is well established at this point.”

  • January 18, 2019

    'Art Bastard' Drops $100M Cartel Case Against NYC Museums

    The so-called Art Bastard who sued prominent New York City museums claiming the “corporate museum cartel" kept him and others out of the high-end art market has decided to drop his $100 million antitrust suit against the Metropolitan Museum of Art and four others.

  • January 18, 2019

    Forex Suit $300M Fee Objector Slams Class’ Appeal Bond Bid

    The lone objector to $300 million in attorneys' fees granted in relation to $2.3 billion in settlements with banks over alleged benchmarking rate rigging in the foreign exchange markets has hit back at an investor class’ bid to require a $1.4 million bond while he appeals the award, telling a New York federal judge Friday that the request is unnecessary and burdensome.

  • January 18, 2019

    8th Circ. Finds Cracks In Appeal Of Attys' Fees In Safelite Spat

    The Eighth Circuit said on Thursday that lawyers for Minnesota auto glass vendor Safelite deserved the nearly $1 million in attorneys' fees and costs awarded by a district court in the company's suit against the state's former commissioner of commerce over an alleged smear campaign intended to run it out of business.

  • January 18, 2019

    Canada's Liquor Market Needs Private Players: Watchdog

    Canada’s interim competition commissioner chimed in amid British Columbia’s review of its liquor policy to champion a proposal that would let more private distributors compete in the industry, telling the province’s attorney general in a letter that the stale rules favoring government players stifle innovation and bump up prices.

  • January 18, 2019

    CDK Dodges Late Discovery Request In Antitrust Suit

    An Illinois federal judge shut down a discovery request made by companies accusing CDK Global LLC of conspiring with a rival to monopolize the market for car dealership data, saying that deadlines set by court orders are important.

  • January 18, 2019

    High Court Asked To Hear Multicity Airfare Price-Fixing Ruling

    Travel agents and consumers have asked the U.S. Supreme Court to review a Ninth Circuit decision shutting down their antitrust suit alleging American Airlines, Delta, United and others conspired to fix prices on multicity flights, saying courts are substantially chilling private antitrust enforcement by tossing valid cases.

  • January 18, 2019

    Judge Orders Blue Cross Attys To Shape Up In Antitrust MDL

    The Alabama federal judge overseeing sweeping antitrust litigation against the Blue Cross Blue Shield network has said he can no longer wait for the insurance giant’s army of lawyers to marshal themselves into a more manageable group, ordering a dozen attorneys into a "Council of Twelve" to streamline a leadership plan.

  • January 18, 2019

    Door Maker Looks To Move Antitrust Suit Out Of Virginia

    Masonite Corp. has asked a Virginia federal court to transfer a case accusing it and fellow door maker Jeld-Wen Inc. of a price-fixing conspiracy, arguing the proceeding has no connection to the district and complaining that the plaintiffs were engaging in "flagrant forum shopping."

  • January 18, 2019

    Solvay Sheds Nylon Plants Over EU's BASF Antitrust Worries

    Chemical giant BASF and Solvay SA have agreed to sell four nylon factories in three countries to help allay the European Union’s antitrust concerns about the sale of Solvay’s nylon business to BASF, which now has the green light.

  • January 18, 2019

    Competition Group Of The Year: Arnold & Porter

    The competition and antitrust team at Arnold & Porter worked on two of last year’s largest mergers, Bayer’s purchase of Monsanto and AT&T’s blockbuster deal for Time Warner, while also scoring big wins on conduct matters for other clients, earning the team a spot among Law360's Competition Groups of the Year.

  • January 18, 2019

    Trader Slams Prosecution's 'Nonsense' Claim In Euribor Trial

    A trader accused of illegally rigging a key interest rate benchmark did not act dishonestly when he submitted rates to benefit bankers’ trading positions, his attorney told a London jury on Friday, saying it is “nonsense” to suggest he flooded the market with cash to bolster huge financial trades.

  • January 17, 2019

    Spectrum Adds Shutdown To Deal Clock, Others Could Follow

    With the partial government shutdown in its fourth week, Spectrum Pharmaceuticals Inc. and Acrotech Biopharma LLC incorporated protection against the delay of required regulatory approvals into Thursday's announced contract for a drug portfolio sale, a move other dealmakers will likely follow even after the shutdown ends.

  • January 17, 2019

    Qualcomm Requests More Time In Apple Patent Fees Trial

    Qualcomm needs an extra day before the jury to defend itself against Apple's allegations that it has been overcharging for patent licensing fees, the chipmaker told a California federal judge Wednesday.

  • January 17, 2019

    Insulin Patients Impacted By Drug-Pricing Scheme, Court Told

    A class of diabetes patients alleging the three top insulin manufacturers colluded to drive up medicine prices for the uninsured and underinsured told a New Jersey federal judge Thursday they have standing to file a racketeering claim because they're the only ones in the supply chain injured by the practice.

Expert Analysis

  • The US Biosimilars Patent Litigation Outlook For 2019

    Joshua Whitehill

    After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • CFIUS During The Shutdown: What It Means For Deals

    Michael Leiter

    With no clear end in sight to the government shutdown — including the shutdown of a majority of the Committee on Foreign Investment in the United States — global companies, strategic investors and their outside counsel must carefully consider the ongoing impact on deals at all stages, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • A Closer Look At CFTC's Loss In Market Manipulation Case

    Michael Brooks

    While the New York federal court's decision in U.S. Commodity Futures Trading Commission v. Wilson may embolden defendants in CFTC and Federal Energy Regulatory Commission enforcement matters, the circumstances surrounding it should continue to serve as a caution to market participants, say Michael Brooks and Robert Pease of Bracewell LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Rebuttal

    Door Maker Case Is A Boon To Private Antitrust Litigants

    Jamie Miller

    A recent Law360 guest article argued that the Virginia federal court's decision in Steves and Sons v. Jeld-Wen casts doubt on the value of pre-merger clearance. But the ruling raises a much more important issue — a private plaintiff had to do what the U.S. Department of Justice wouldn’t, says Jamie Miller of the Alioto Law Firm.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.