Competition

  • July 19, 2019

    Texas Nurses Told To Go It Alone Or Drop Antitrust Suit

    A Texas federal judge has ordered San Antonio registered nurses to either drop their proposed class action or individually pursue antitrust claims that three area hospital systems colluded to suppress staffers' salaries.

  • July 19, 2019

    Cancer Center Ch. 11 Reopened, But Not For Antitrust Fight

    A New York bankruptcy judge told cancer treatment center chain 21st Century Oncology he won’t reopen its Chapter 11 case for the purpose of quashing the antitrust claims of a group of its former doctors and the indemnification claims of its ex-CEO.

  • July 19, 2019

    DOJ Tries To Push CVS-Aetna Deal Past Court Review

    The U.S. Department of Justice on Friday urged a D.C. federal judge to sign off on its settlement clearing CVS' purchase of Aetna, trying to rein in the scope of the court's review but facing resistance from the bench during oral arguments.

  • July 19, 2019

    Endo Pharma To Pay $2.3M To 18 States In Lidoderm Deal

    Endo Pharmaceuticals Inc. has agreed to pay $2.3 million to 18 states in a deal reached Friday, the same day the states hit the pharmaceutical company with a suit alleging it entered into a reverse-payment agreement to obstruct generic competition to Lidoderm, a pain relief patch.

  • July 19, 2019

    $5.5M Mahle Behr AC Price-Fixing Deal Scores Tentative OK

    A Michigan federal judge on Friday tentatively approved Mahle Behr's $5.5 million deal to end proposed class claims it conspired to rig the prices of vehicle air conditioning systems in sprawling antitrust multidistrict litigation involving global auto parts manufacturers.

  • July 19, 2019

    'Conspiracy' Claim Can't Save Antitrust Case, 7th Circ. Told

    The Seventh Circuit should reject attempts to cut the legs off a rule blocking indirect purchasers from suing a manufacturer for antitrust violations, the Washington Legal Foundation told the court, which is considering antitrust claims from buyers of syringes and catheters who think they were forced to pay too much.

  • July 19, 2019

    Oakland Faces Skeptical Judge In NFL Suit Over Raiders Move

    A California federal judge struggled to see how an antitrust injury resulted from the National Football League allowing the Raiders team to move from Oakland to Las Vegas, but nonetheless granted on Friday the City of Oakland an opportunity to amend its complaint.

  • July 19, 2019

    UK Raises Antitrust Concerns Over $585M Plastics Deal

    The U.K.’s antitrust enforcer threatened Friday to subject a $585 million plastic packaging deal to extra merger scrutiny unless the companies propose adequate fixes for concerns over the reduction in the number of British liquid packaging suppliers the merger would cause.

  • July 19, 2019

    UK Antitrust Court Rules Against Rail Infrastructure Giant

    The U.K.'s Competition Appeal Tribunal handed a win to auditor Achilles Information Ltd. on Friday after the company accused Network Rail of changing its audit rules in a way that essentially excluded Achilles from providing auditing services.

  • July 19, 2019

    Qualcomm's Profitability No National Security Issue, FTC Says

    The Federal Trade Commission has fired back against efforts by Qualcomm and the U.S. Department of Justice to pause a blockbuster antitrust ruling forcing the chipmaker to retool its business model, arguing that reining in Qualcomm’s anti-competitive conduct outweighs any vague national security concerns the pair alluded to.

  • July 19, 2019

    The Legacy Justice Stevens Left On Antitrust

    The late Justice John Paul Stevens made use of his antitrust roots frequently during his tenure on the U.S. Supreme Court, penning more than two dozen majority opinions and dissents that helped shape modern antitrust law.

  • July 19, 2019

    Visa Settles Swipe Fee Suit With London Transport Operator

    London’s transit network has inked a settlement with Visa Inc. to end a lawsuit accusing the credit card giant of violating competition rules over its old interchange fees. 

  • July 19, 2019

    Credit Suisse Loses £239M Banker Bonus Tax Row

    Credit Suisse AG lost its attempt on Friday to claw back £239 million ($300 million) it paid on bankers' bonuses in the wake of the financial crisis after a London court ruled that Britain levied the tax fairly.

  • July 18, 2019

    Mitsubishi, Corning Get Judge's Nod In Auto Parts Cartel Deal

    A Michigan federal judge on Thursday granted preliminary approval to two agreements totaling roughly $10.5 million to resolve claims in proposed class actions by auto dealers against Mitsubishi, Corning Inc., and a Japanese subsidiary that they colluded with other manufacturers to fix prices on car parts sold to U.S. automakers.

  • July 18, 2019

    'Repealer' Cathode Ray Tube Buyers Oppose Separate Trials

    Indirect purchasers of television and computer component cathode ray tubes from nine states, who were excluded from a $576.8 million price-fixing settlement with Toshiba, Panasonic and LG, have urged a California federal court to throw out a bid from other buyers seeking two separate trials next year.

  • July 18, 2019

    G-7 Competition Authorities Reach Pact On Digital Markets

    Nations trying to keep competition in their countries on an even keel should shy away from overly rigid regulations of the digital sector, or they could end up holding back smaller competitors, the G-7 nations said Thursday.

  • July 18, 2019

    DOJ Clears Fiserv's $22B Acquisition Of First Data

    After seeking additional information last April, the U.S. Department of Justice has cleared financial services companies Fiserv Inc. and First Data Inc. to push on with their proposed $22 billion tie-up.

  • July 18, 2019

    Uber Leans On Mass. Official Blessing As Cabbie Trial Opens

    Uber Technologies Inc. told a Massachusetts federal judge Thursday that the fact it was allowed to operate without regulations defeats a $248 million suit by Boston-area cab companies accusing it of running an illegal, unregulated taxi service, as a trial began in a packed courtroom.

  • July 18, 2019

    Vodafone Wins EU Approval For Liberty Global Deal

    The European Union on Thursday approved Vodafone’s $22 billion purchase of Liberty Global’s cable networks in Germany and central Europe after the company offered concessions to ease competition concerns in May.

  • July 18, 2019

    DOJ Probing Waste Management's $4.9B Disposal Biz Buy

    The U.S. Department of Justice is scrutinizing Waste Management's planned $4.9 billion enterprise value purchase of solid waste collection and disposal company Advanced Disposal Services, the companies disclosed Thursday.

  • July 18, 2019

    EU Clears US Asset Manager's Acquisition Of Dutch Insurer

    The European Commission has approved U.S. asset manager Apollo Management LP’s acquisition of a Dutch insurer after concluding that the transaction would raise no competition concerns in Europe.

  • July 18, 2019

    Qualcomm Fined €242M For Predatory Pricing In EU

    The European Union's competition watchdog fined Qualcomm €242 million ($272 million) Thursday for abusing its dominance by selling chipsets below cost to force a rival chipmaker out of the market, the latest antitrust setback for the technology giant buffeted by enforcers around the world.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    How Justice Stevens Shaped Sports Law In 4 Cases

    The late Justice John Paul Stevens left a lasting impact on sports law over his 34 years on the U.S. Supreme Court, penning the majority decision in four cases that have fundamentally shaped how the sports industry is regulated today. Here, Law360 looks back on how those cases have affected sports leagues and the athletes that play in them.

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

Expert Analysis

  • 4 Things FTC Competition Bureau Looks For In White Papers

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    Most written advocacy to the Bureau of Competition is of an extremely high quality, but sometimes we notice that there’s some room for improvement, says Daniel Francis, an associate director at the Federal Trade Commission's Bureau of Competition.

  • Preinstitution Submissions May Limit Certain ITC Probes

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    Following recent rule changes, U.S. International Trade Commission determinations and decisions by the Federal Circuit, proposed respondents may be able to prevent or limit the scope of ITC Section 337 investigations if they act quickly using various types of preinstitution submissions, says Michael Doane of Miles & Stockbridge.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • 8 Key Elements Of An Effective Antitrust Compliance Program

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    Based on our reading of last week’s antitrust compliance guidance from the U.S. Department of Justice, there are several important factors that organizations should consider as they assess whether their current program is up to snuff, say Herbert Allen and Alexa DiCunzolo at Polsinelli.

  • The DOJ's Changing Expectations For Antitrust Compliance

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    Last week, the U.S. Department of Justice reversed its long-standing policy of insisting on guilty pleas for criminal violations of the antitrust laws from companies that do not otherwise qualify for leniency. This shift opens a new path to deferred prosecution agreements for companies with "effective" antitrust compliance programs, say Renata Hesse, Benjamin Walker and Nicholas Menillo at Sullivan & Cromwell.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Biosimilar Patent Litigation Bill Would Change BPCIA Strategy

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    If passed, the Affordable Prescriptions for Patients Act will limit the number of patents that can be raised in litigation under the Biologics Price Competition and Innovation Act, with significant repercussions for biosimilar applicants deciding whether to engage in a patent dance, say attorneys at Paul Hastings.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Misconceptions In The Debate About Noncompetes

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    The scope of noncompete abuses needs to be put in context, so policymakers can understand how widespread the problem actually is and how to properly tailor any legislation, says Russell Beck of Beck Reed.

  • China's Take On Take-Or-Pay, Most-Favored-Nation Clauses

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    The recent Eastman decision is the first time that China's anti-monopoly authority analyzed the competition problems of take-or-pay and most-favored-nation clauses, and provides some compliance reminders, say attorneys at Tian Yuan Law Firm.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.