Competition

  • January 19, 2017

    Walgreens To Pay $50M To Settle Feds' Kickback Claims

    Walgreen Co. will pay $50 million to settle allegations that it gave kickbacks to government health care beneficiaries who it enrolled in its Prescription Savings Club discount and incentives program, the U.S. Department of Justice said Thursday.

  • January 19, 2017

    BioScrip Investors Try To Save Suit After Targeting New Board

    BioScrip Inc. stockholder attorneys worked to rescue their corporate wrongdoing lawsuit against company directors in a hearing Thursday in the wake of an earlier, groundbreaking Chancery Court ruling that obliged them to amend their original action and target a different slate of directors.

  • January 19, 2017

    Kasowitz Snags Ex-Morgan Lewis White Collar Pro In LA

    Kasowitz Benson Torres & Friedman LLP has hired a former Morgan Lewis & Bockius LLP white collar partner and federal prosecutor who has tried dozens of cases, including the wiretapping case against Hollywood private investigator Anthony Pellicano, the firm said Wednesday.

  • January 19, 2017

    Antitrust Probes End After Apple Shelves Audiobook Deal

    European antitrust enforcers dropped investigations Thursday into claims that Apple and an Amazon unit's exclusive audiobook deal was hindering competition after the companies agreed to put an end to the arrangement.

  • January 19, 2017

    Small Pharmacies Lose Class Cert. In Caremark Antitrust Row

    A Pennsylvania federal district court on Wednesday denied certification to four class actions in multidistrict litigation brought by independent pharmacies who accused Caremark RX and other pharmacy benefit managers of suppressing competition by paying them less than chains for drug sales.

  • January 19, 2017

    FCC's Wheeler Touts Success Of E-Rate Program

    Efforts to modernize the Federal Communication Commission’s E-Rate program in 2014 have increased broadband and Wi-Fi connectivity in U.S. schools and libraries, outgoing FCC chair Tom Wheeler told Sen. Ed Markey, D-Mass., Wednesday.

  • January 19, 2017

    MasterCard Says Variety Kills Class Action Aims For £14B Suit

    A £14 billion ($17.2 billion) consumer antitrust suit against MasterCard over swipe fees shouldn't proceed as a class action because the estimated 46 million claims don't have enough in common, lawyers for the credit card company told a London tribunal Thursday.

  • January 19, 2017

    UK Financial Crime Crackdown Hints At US-Style Prosecution

    As the U.K. looks to toughen up on corporate economic crime, lawyers say enforcers are building on similar efforts to tackle bribery and tax evasion with an eye toward U.S.-style prosecutions.

  • January 18, 2017

    Yazaki Settles Car Parts Antitrust Claims For $212M

    Japanese automotive parts supplier Yazaki Corporation and Chiyoda Manufacturing Corporation agreed on Wednesday to pay $212 million and $1.15 million, respectively, to settle a lawsuit in Michigan federal court with purchasers of their products alleging the companies conspired to fix prices for in-car electronic systems.

  • January 18, 2017

    Bio-Rad’s Ex-GC Testifies CEO Resisted FCPA Investigation

    The former general counsel for Bio-Rad Laboratories Inc. took the stand in his retaliation suit accusing the life sciences company of firing him for reporting possible Foreign Corrupt Practices Act violations related to payments in China, testifying that Bio-Rad’s CEO resisted his attempts to investigate possible wrongdoing.

  • January 18, 2017

    Newark Beats Taxi, Limo Cos. Suit Over Uber Agreement

    The city of Newark on Wednesday beat a suit brought against it by a group of New Jersey taxicab and limousine companies over the city's agreement allowing Uber Technologies Inc. to operate outside of regulations that the taxi and limo companies must follow, after a federal judge dismissed the case.

  • January 18, 2017

    UK Watchdog Weighing MasterCard, VocaLink Deal Remedies

    The U.K.’s competition watchdog is weighing whether or not MasterCard and VocaLink’s offer to lower the cost to the Link ATM network of switching to an alternative payment infrastructure supplier is enough to alleviate its antitrust concerns surrounding the combination, according to a Wednesday statement.

  • January 18, 2017

    Duke Energy To Pay To Resolve Feds' 'Gun-Jumping' Claims

    Duke Energy Corp. has agreed to pay $600,000 in civil penalties to settle the U.S. Department of Justice’s allegations that it took control of a natural gas-fired power plant in Florida from Calpine Corp. before a mandatory waiting period for antitrust review had lapsed, the department announced on Wednesday.

  • January 18, 2017

    Merck Says K-Dur Buyers Can't Save Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have asked a New Jersey federal court to deal them a quick win in long-running pay-for-delay litigation over potassium supplement K-Dur, saying direct purchasers of the medication can’t prove the drug was a market unto itself and that they were wrongly edged out of that market.

  • January 18, 2017

    Med Device Co. Pays $14M Over Accounting, FCPA Violations

    Texas-based medical device company Orthofix International will pay $14 million in disgorgement and penalties and admit wrongdoing for improperly booking revenue and paying off Brazilian doctors to boost sales, the U.S. Securities and Exchange Commission said Wednesday.

  • January 18, 2017

    Del. Justices Kick Wal-Mart Investor Suit To Chancery

    The full Delaware Supreme Court on Wednesday criticized the lack of coordination between investors’ attorneys from two separate suits targeting an alleged Wal-Mart Mexico bribery scandal, ordering a lower court to contemplate whether one shareholder group’s rights were violated by the other’s case.

  • January 18, 2017

    3rd Circ. Rules Car Shippers Immune From Antitrust Suit

    The Third Circuit on Wednesday affirmed the dismissal of litigation accusing several international shipping companies of fixing prices for transporting vehicles, saying that the federal Shipping Act preempts state and federal antitrust claims.

  • January 18, 2017

    Qualcomm Slapped With Antitrust Class Action After FTC Suit

    A group of consumers hit Qualcomm Inc. with a proposed class action Wednesday alleging it has a monopoly on modem chipset technology that resulted in inflated retail prices for cell phones and other devices, closely following a Federal Trade Commission challenge to the company’s practices.

  • January 18, 2017

    Mallinckrodt Inks $100M Antitrust Deal With FTC, States

    Mallinckrodt PLC has agreed to pay $100 million to end accusations by the Federal Trade Commission and several states’ attorneys general that it acquired the U.S. rights to an infant seizure drug that competed with its own Acthar, allowing it to dramatically raise prices, the FTC said Wednesday.

  • January 18, 2017

    FERC Got Market Order Wrong, TransCanada Gas Unit Says

    The Federal Energy Regulatory Commission wrongly refused to let the U.S. natural gas storage unit of pipeline giant TransCanada Corp. charge market-based rates for its services, based on erroneous competition concerns, the unit told the D.C. Circuit on Tuesday.

Expert Analysis

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • No Anti-Competitive Intent, No Treble Damages: A Proposal

    Veronica Lewis

    Many lawmakers and academics have pushed to detreble antitrust damages in particular circumstances but have had limited success so far. Courts should step in by enforcing the Fifth Amendment’s due process clause to refuse to treble damages when a defendant lacked anti-competitive intent, say attorneys with Gibson Dunn & Crutcher LLP.

  • The Implications Of Insureds' Illegal Conduct

    Deepa T. Sutherland

    Laws against bribery and corruption, like the U.S. Foreign Corrupt Practices Act and U.K. Bribery Act, are growing increasingly tough, often applying in surprisingly broad circumstances. The laws' principles continue to be tested in court, but for now, insurers writing risks in foreign jurisdictions should adopt a proactive stance in vetting the practices of their local subsidiaries and insureds, say Deepa Sutherland and Hernán Cip... (continued)

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Why Anti-Corruption Due Diligence Is Important In M&A

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    When acquiring and investing in companies, it is critical to evaluate and mitigate the risk of both previous and future violations of the Foreign Corrupt Practices Act. Mark Mendelsohn and Peter Jaffe of Paul Weiss Rifkind Wharton & Garrison LLP discuss unique challenges for investors and essential considerations for mergers and acquisitions.

  • The Outlook For Hart-Scott-Rodino Under President Trump

    Jack Sidorov

    With the arrival of the Trump administration and the domestic and foreign policy shifts that may ensue, few eyes have looked at what changes may lie ahead with regard to Hart-Scott-Rodino antitrust premerger notification law and policy. Yet there are two reasons to believe that significant changes may be in store, says Jack Sidorov of Lowenstein Sandler LLP.

  • A Record FCPA Year For Pharma

    Melissa L. Jampol

    Teva's Foreign Corrupt Practices Act settlement last month — the largest-ever FCPA resolution involving a pharmaceutical company — was the capstone to a year of many significant FCPA settlements and resolutions with drug companies. This year, it is likely that enforcement will change given the new administration, say Melissa Jampol and Elena Quattrone of Epstein Becker & Green PC.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.