Competition

  • July 20, 2017

    Namenda Buyers' Experts Should Stay, Judge Says

    A New York magistrate judge on Thursday recommended allowing the testimony of two experts in an antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment.

  • July 20, 2017

    FTC Approves Baxter $625M Claris Buy With Antitrust Fixes

    The Federal Trade Commission gave its seal of approval Thursday to medical products company Baxter International Inc.’s $625 million purchase of Claris Lifesciences Ltd.’s injectables business, on the condition that Baxter and Claris leave the market for a pair of pharmaceutical products.

  • July 20, 2017

    Sabre Asks 2nd Circ. To Ax $15M US Airways Antitrust Win

    Travel booking company Sabre on Wednesday asked the Second Circuit to overturn a $15 million jury verdict awarded to US Airways in the airline’s antitrust suit over Sabre’s contract terms, saying the decision did not heed the appeals court’s holding in a case involving merchant rules imposed by American Express.

  • July 20, 2017

    Flextronics, Samsung Settle Battery Price-Fixing Claims

    A California federal judge on Tuesday granted Flextronics’ bid to withdraw its price-fixing claims against Samsung SDI and a U.S. affiliate after the trio reached a deal in antitrust litigation over alleged price-fixing for lithium-ion batteries.

  • July 20, 2017

    FTC Names Shearman Atty As Latest Competition Unit Head

    Just two weeks after acting Federal Trade Commission Chairman Maureen K. Ohlhausen picked her third new acting director of the agency’s bureau of competition, she announced on Thursday that she had selected someone else to temporarily lead the bureau, this time naming a Shearman & Sterling LLP partner.

  • July 19, 2017

    IPhone Makers Fight Qualcomm Injunction Bid In Royalty Suit

    IPhone manufacturers including Foxconn Corp. and Wistron Corp. urged a California federal judge Tuesday to deny Qualcomm Inc.’s bid for an injunction requiring them to make royalty payments during the chipmaker’s licensing dispute with Apple, saying it would hinder the resolution of antitrust and enforceability concerns related to the deals.

  • July 19, 2017

    5 More AGs Bring Price-Fixing Suit Against Drugmakers

    Arkansas, Missouri, New Mexico, West Virginia and Washington, D.C., have joined more than 40 states in suing several major drug companies, including Heritage, Mylan and Teva, in Connecticut federal court for allegedly fixing the prices of a generic antibiotic and a diabetes medication.

  • July 19, 2017

    Brazil Watchdog Takes Alleged Tech Cartel Cos. To Tribunal

    Brazil’s antitrust watchdog said Tuesday it had urged an administrative tribunal to find that Sharp, a Hitachi unit and three other companies had colluded with a wider group that fixed the prices of thin film transistors, a key component of laptops and monitors.

  • July 19, 2017

    Panasonic, Others Fixed Auto Switch Prices, Buyers Say

    A group of Japanese companies including Panasonic Corp. and Mitsuba Corp. took part in a conspiracy to fix prices for switches used in automobiles, according to a proposed class action filed Tuesday in Michigan federal court.

  • July 19, 2017

    Fintech Co. Wins Court-Ordered Access To Swap Servicer

    Financial technology firm trueEX LLC won a preliminary injunction on Tuesday from a New York federal court granting it access to the interest rate swap trading network of MarkitSERV Ltd. while an antitrust lawsuit between the pair plays out.

  • July 19, 2017

    2nd Circ. Nixes Libor Convictions Over Forced Testimony

    The Second Circuit on Wednesday overturned the convictions of two former Rabobank employees charged with manipulating the London Interbank Offered Rate, saying the case relied on compelled testimony, which cannot be used in U.S. criminal cases even when legally compelled by foreign authorities.

  • July 18, 2017

    Teva Employees Say Co. Hid DOJ Antitrust, Bribery Probe

    A Teva Pharmaceutical employee holding American depositary shares through a company program launched a proposed class action against the generic-drug maker in Ohio federal court Monday, saying his employer had concealed probes into price fixing and the payment of bribes to foreign government officials.

  • July 18, 2017

    Career FTC Economist Gets Nod To Run Bureau

    The Federal Trade Commission's Bureau of Economics director Ginger Zhe Jin is leaving the watchdog to head back to University of Maryland after a sabbatical and has named Michael G. Vita as the bureau’s acting director in her stead, the agency announced Tuesday.

  • July 18, 2017

    Apple Pulled Into Qualcomm Royalty Row With IPhone Makers

    Foxconn and other iPhone manufacturers on Monday brought in Apple Inc. as another defendant in Qualcomm Inc.’s suit seeking royalty payments from them for its cellular technology license agreements in California federal court, saying they had been caught in the middle of a sprawling patent and antitrust dispute between the two tech giants.

  • July 18, 2017

    Waste Co. Deal Block Shows Pitfalls Of Failing Firm Defense

    Last month, a Delaware federal judge spiked the $367 million merger of rival nuclear waste processing companies that had been challenged by the U.S. Department of Justice, and her recently unsealed opinion underscores the inherent difficulty in raising the so-called failing firm defense to salvage a transaction.

  • July 18, 2017

    Class Attys Seek $20M In Fees In Merck Pay-For-Delay MDL

    Attorneys representing direct purchasers of potassium supplements on Monday asked for a third of the $60.2 million settlement ending claims Merck & Co. Inc. and Upsher-Smith Laboratories Inc. engaged in a pay-for-delay scheme, saying a $20 million share was fair compensation after more than 16 years of litigating the landmark case.

  • July 18, 2017

    Music Downloaders Denied Class Cert. In Price-Fixing MDL

    A Manhattan federal judge on Tuesday dealt a blow to consumers who claim that Sony BMG Music Entertainment and other record labels conspired to fix the price of music downloads, denying their bids to create a nationwide class to block alleged antitrust violations and damages classes across nine states.

  • July 18, 2017

    Scouts Say 9th Circ. Minor Leaguer Ruling Doesn't Apply

    Major League Baseball scouts on Monday disputed the relevance of a recent Ninth Circuit holding dismissing minor league ballplayers’ wage claims under a long-held baseball antitrust exemption, telling the Second Circuit that despite similarities in their claims, that ruling has nothing to do with baseball scouts since scouts are not involved in the business of baseball.

  • July 17, 2017

    EU Approves Priceline's $550M Buy Of Online Travel Rival

    The European Union’s antitrust regulator said Monday it has unconditionally approved U.S. online travel company The Priceline Group’s $550 million acquisition of its rival Momondo Group under the EU’s merger regulation, concluding that the deal will raise no competition concerns in the European Economic Area.

  • July 17, 2017

    UFC Blasts Emergency Doc Bid In Fighters’ Antitrust Suit

    The UFC urged a Nevada federal court Friday to reject a bid by mixed martial arts fighters to force the production of purportedly privileged documents in an antitrust suit against the organization, arguing it has already reviewed thousands of documents at the fighters’ request.

Expert Analysis

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Proposal To Remedy Horizontal Shareholding Is Flawed

    Elaine Buckberg

    Several recent studies claim to show that competition is adversely affected when institutional investors hold significant shares in multiple firms within a “concentrated” industry. Following on this research, Eric Posner, Fiona Scott Morton and E. Glen Weyl have proposed a remedy that is a costly and disruptive way to change asset manager behavior, say members of The Brattle Group Inc.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • The Walgreens-Rite Aid Combination: Act 2

    Randy Gordon

    The recent recasting of the proposed Walgreens-Rite Aid merger as a partial acquisition shows that it’s possible to achieve business goals through alternative means. That is, antitrust problems that often bedevil large-scale mergers can be elided through the use of less ambitious plans, says Randy Gordon, chairman of the antitrust and trade regulation group at Gardere Wynne Sewell LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • Morrison's Impact On Commodity Exchange Act Claims

    Karen Hoffman Lent

    The Southern District of New York's recent decision in North Sea Brent Crude Oil Futures Litigation, together with the Second Circuit's decision in Loginovskaya, makes clear that Morrison presents a daunting obstacle to private Commodity Exchange Act claims that involve some element of foreign conduct, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.