Despite COVID-19's economic fallout, antitrust agencies continue to insist they're sticking to their normal playbooks when reviewing mergers, but as more companies struggle to survive, merging parties are likely to rely more frequently on the "failing firm" defense to convince regulators that deals that enforcers might otherwise challenge should be permitted.
Express Scripts Inc. may not use an "overbroad" discovery request to dig through years of emails belonging to a consultant for an Illinois city that filed a proposed class action over drugmaker Mallinckrodt's purported scheme to drive up the cost of a hormone treatment, an Illinois federal judge has ruled.
Constellation Brands said Thursday it has removed yet another alcohol brand from the menu of its partial portfolio sale to E. & J. Gallo Winery to address Federal Trade Commission antitrust concerns, revising a deal that was once valued at $1.7 billion down to just over $1 billion.
Prosecutors who secured the price-fixing conviction of former Bumble Bee CEO Chris Lischewski have panned the 59-year-old's assertion that jail time presents a threat to his life during the coronavirus pandemic, arguing he's not in a high-risk category and deserves no special treatment.
A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers that claims the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.
Global electronic components maker Communications and Power Industries LLC clinched U.S. Department of Justice approval Thursday to acquire a business unit of General Dynamics Corp., as long as the California-based company sells its satellite business subsidiary.
In a move that could have major implications for how EU antitrust enforcers assess mergers, a General Court of the European Union panel on Thursday annulled the European Commission's decision to block CK Hutchison Holdings Ltd.'s planned £10.25 billion acquisition of Telefonica SA's O2.
Chicken producers facing allegations of a sweeping price-fixing conspiracy have pushed back on poultry buyers' bid to get some depositions back underway, arguing they can't adequately prepare witnesses while straining to brace a food supply chain rocked by the pandemic.
Anadarko Petroleum Corp. hasn't mounted a strong enough case to convince a Wyoming federal court to dismiss claims that the company has been collecting drilling permits it doesn't intend to use in order to keep others from profiting off certain swaths of land.
The U.S. Food and Drug Administration urged the full D.C. Circuit Wednesday to reconsider a panel's ruling that multiple manufacturers of a drug that treats the same rare medical condition are entitled to marketing exclusivity, arguing the decision giving Eagle Pharmaceuticals exclusivity over its blood cancer drug Bendeka is erroneous.
A trucking company accusing two oil-trading firms of fixing gas prices is asking a California federal judge to tie three more recently filed but similar suits to its own complaint, saying the proposed class actions belong together.
Europe's competition watchdog said Thursday that Takeda Pharmaceutical Co. Ltd. will not have to sell a biologic drug it agreed to shed for approval of its £46 billion ($56.7 billion) purchase of Shire PLC because changes in circumstances have made it unnecessary.
Daniel A. Small, known today as one of the country's most respected litigators in antitrust class actions, never took an antitrust course in law school. In fact, Small had no intention of becoming a lawyer at all when he was starting his career. After earning his history degree, he took a gig teaching middle schoolers at a New York boarding school.
California law firm and two other businesses filed a class action against Google and its parent company, Alphabet Inc., on Wednesday, claiming the companies had established a monopoly in online display advertising.
The same attorneys who signed a $54.5 million settlement with Duke University over its alleged deal not to poach University of North Carolina medical school faculty filed a new proposed class action against Duke on Wednesday alleging that the schools' no-poach arrangement covered non-medical faculty as well.
The D.C. Circuit on Wednesday affirmed the dismissal of a conservative group's $1.5 billion lawsuit accusing Twitter, Facebook, Apple and Alphabet's Google of violating the First Amendment and antitrust statutes by censoring conservative content, finding the suit fails to state a claim on all fronts.
A Nevada federal court on Tuesday rejected a bid from the Las Vegas Sun to fast-track its suit accusing rival daily newspaper the Review-Journal and billionaire owner Sheldon Adelson of trying to monopolize the local newspaper market and snuff out an alternative voice in the city.
The head of the Federal Trade Commission's competition bureau warned merging parties on Wednesday that "failing firm" defenses of otherwise anti-competitive transactions will continue to fall on skeptical ears amid the COVID-19 pandemic and its economic fallout.
Cathode ray tube buyers are coming out swinging against a "contorted and baseless" challenge to $576.8 million in price-fixing settlements they have cut with manufacturers, telling the Ninth Circuit it can't touch the matter until the deals have been finalized.
A California federal judge on Tuesday tossed a Kansas wholesale distributor's canned tuna price-fixing claims against convicted former Bumble Bee Foods CEO Chris Lischewski, saying the suit doesn't sufficiently connect his actions to the filing jurisdiction, but would allow the distributor to try again in another court.
The chairman of Philly-based Berger Montague was in California to represent direct buyers accusing capacitor manufacturers of a price-fixing conspiracy when a San Francisco federal court decided to suspend all jury proceedings following the coronavirus outbreak.
Taiwan's antitrust agency cleared pharmaceutical company Mylan's merger with Upjohn, a current Pfizer division that sells generics and off-patent drugs like Viagra, Lipitor and Xanax.
A California competitive cheerleading gym filed a class action suit against sport giant Varsity Brands LLC and the sport's governing body, U.S. All Star Federation Inc. (USASF), on Tuesday, claiming the two entities worked together to monopolize the all-star cheer competition and apparel market.
A Manhattan federal judge on Wednesday approved a landmark $750 million settlement over allegations that an Allergan PLC subsidiary thwarted generic competition for its Alzheimer's drug Namenda, but cast doubt on awarding $157 million in attorney fees, calling the figure "astronomically large."
A trust for the owners of a luxury travel business cannot fight NatWest for more than £8 million ($9.8 million) over an interest rate scandal that rocked British lenders, as a judge said Wednesday that the lawsuit had been filed 13 days late.
EpiPen manufacturer Pfizer and distributor Mylan cannot immediately appeal a Kansas federal judge's certification of a nationwide class under the Racketeer Influenced and Corrupt Organizations Act in multidistrict litigation over the price of the emergency allergy treatment, the Tenth Circuit ruled Tuesday, finding the district court's conclusions "well-supported."
Google, Facebook and other U.S. technology platforms are feeling the pressure from a groundswell of attention being paid to antitrust heading into 2020, and while some of the popular sentiment pushes the boundaries of conventional enforcement, more traditional concerns, like the pending merger of T-Mobile and Sprint, are also looming. Here, Law360 looks at key cases in antitrust for the new year.
U.S. antitrust enforcers have a lot on their plates in the new year, scrutinizing major technology platforms even as they weigh mergers involving massive companies not just in the online and privacy spaces but also in pharmaceuticals and investment brokerages.
Despite approving the U.S. Department of Justice deal clearing CVS Health’s purchase of Aetna, the presiding D.C. federal judge couldn’t resist a few parting shots at the agency after months of antagonism, and with a well-placed punctuation mark, the DOJ appears to have returned fire.
While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.
History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.
As businesses new to public-private partnerships consider coronavirus-related disaster relief contracts, there are a number of issues general counsel and chief risk officers for these companies should consider that need not be a serious burden on operations, says Jordan Strauss at Kroll.
Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.
Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.
Because strong copyright protection does not hinder interoperability, Google’s argument in its U.S. Supreme Court case against Oracle that all application programming interfaces are subject to fair use should not prevail, says James Skyles at Skyles Law Group.
The U.S. Commodity Futures Trading Commission recently singled out agricultural commodities market manipulation as an area of focus, potentially representing a return to the agency’s core mission that could shape enforcement during the current crisis, say attorneys at Latham.
Based on their experience working on the CVS Health-Aetna merger, Rani Habash at Dechert and Steven Tenn and Omar Farooque at Charles River Associates provide insight into how the antitrust agencies are likely to assess vertical issues in proposed transactions.
Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.
Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.
In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.
When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.
A vertical challenge may have been the U.S. Department of Justice's best chance to block the Sabre-Farelogix merger — subsequently blocked by an adverse United Kingdom ruling — as well as an opportunity to test its new vertical merger draft guidelines, say James Fishkin and Dennis Schmelzer at Dechert.
For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.
Under President Donald Trump, the U.S. Department of Justice's Antitrust Division has filed an increasing number of amicus briefs in an effort to influence antitrust law, revealing enforcement priorities and policy positions even where they don't persuade courts, say attorneys at McDermott.