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Competition

  • November 13, 2018

    Express Scripts, Pharmacy Drama Ends With Last-Minute Deal

    On the first day of trial for a whirlwind breach of contract case between HM Compounding Services LLC and Express Scripts Inc. that has involved attorneys running for the door and significant discovery misconduct, the outstanding claims quickly wrapped up and the parties told a Missouri federal judge Tuesday that they had settled the case.

  • November 13, 2018

    Teva Can’t Escape Suit Over Price-Hike Statements: Investors

    A proposed class of Teva Pharmaceutical Industries Ltd. shareholders urged a Connecticut federal court Monday to keep alive their allegations that the Israeli drugmaker falsely indicated that profit growth was driven by “fundamental business strategies” rather than at least 76 price hikes.

  • November 13, 2018

    Former Cinnabon Worker Keeps No-Poach Suit 'At Own Risk'

    A former Cinnabon worker can move forward with a proposed antitrust class action over the company's allegedly anticompetitive "no-poaching" agreements keeping franchises from hiring away the employees of their peers, but a Washington state federal judge signaled a tough road ahead by imposing a challenging burden of proof.

  • November 13, 2018

    Kirkland Lands EU Antitrust Expert From Freshfields

    Kirkland & Ellis LLP has nabbed a European Union law expert with experience guiding companies through mergers as a partner in its London office, the firm has announced.

  • November 13, 2018

    Sainsbury, Walmart Unit Say UK Merger Concerns Unfounded

    Grocery outlet Sainsbury and Walmart Inc.'s U.K. subsidiary have responded to criticisms that their proposed merger would harm competition, saying in a report made public Tuesday that it would instead lead to an increase in competition and lower prices for consumers.

  • November 13, 2018

    FERC Using Outdated Rate For Pipeline Fees, DC Circ. Hears

    The Federal Energy Regulatory Commission used outmoded data to compute the initial shipping rates for three major gas pipelines in the works, opening the door to overcharges down the road, two state utility regulators told the D.C. Circuit on Tuesday.

  • November 13, 2018

    Fla. Blue Cross Illegally Cornering ACA Market, Rival Says

    Blue Cross Blue Shield of Florida was hit with a suit on Tuesday claiming it has created an unlawful stranglehold on Affordable Care Act policies in the Sunshine State by having brokers agree not to carry policies from any other insurer.

  • November 13, 2018

    VW Investors Challenge Bid To Toss Antitrust Stock-Drop Suit

    Volkswagen AG shareholders have pushed back against the carmaker's bid to escape antitrust and securities fraud charges in a proposed class action, telling a New York federal court that they properly backed their argument that the German automaker engaged in illegal conduct.

  • November 13, 2018

    6 Broadcasters Settle With DOJ To Resolve Antitrust Probe

    The U.S. Department of Justice has reached a settlement with six broadcast television companies to resolve a complaint by the DOJ's Antitrust Division in D.C. federal court that the companies shared pricing information, the department announced Tuesday.

  • November 13, 2018

    UK Antitrust May Vary From EU ‘At The Margins’ Post-Brexit

    Many questions remain about how the United Kingdom will handle antitrust enforcement after it leaves the European Union, but a U.K. competition official said Tuesday that British authorities would likely hue closely to EU enforcement post-Brexit, but may differ in a few circumstances.

  • November 13, 2018

    Doormaker Flouting $185M Antitrust Verdict, Court Told

    A Virginia federal court must force a North Carolina-based doormaker to comply with a $185 million jury verdict finding it violated antitrust law, rival Steves and Sons Inc. argued Monday in its continued push to make the company lower its prices.

  • November 13, 2018

    Court Of Appeal Will Hear £14B Mastercard Class Action Bid

    An English appeals court ruled Tuesday that it could weigh whether a £14 billion ($18.1 billion) consumer antitrust suit against MasterCard Inc. can proceed as a class action, rejecting an attempt to limit the challenge to a procedural review. 

  • November 12, 2018

    NCAA Argues Fans ‘Overwhelmingly Oppose’ Paying Athletes

    The NCAA defended its rules limiting athlete compensation in a landmark antitrust California federal bench trial on Friday, arguing that college sports fans value amateurism and “overwhelmingly oppose” paying student athletes.

  • November 12, 2018

    UK Lawmakers Launch Probe Into 'Broken' Audit Market

    A fresh investigation is to be launched into the state of auditing in the U.K., the head of a parliamentary committee revealed on Monday, in the wake of a series of accounting scandals and corporate collapses that have “undermined public and investor confidence.”

  • November 9, 2018

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

    The last week has seen a pair of disputes involving asset manager CGrowth, another suit from private equity-linked firms taking on parties linked to Thailand's KPN Group and Kodak bring a competition case against Goldman, Glencore and others the film giant has accused of manipulating aluminum prices in the U.S. Here, Law360 looks at those and other new claims in the U.K.

  • November 9, 2018

    DOJ Weighs In At 7th Circ. On Comcast Ad Sales Row

    The U.S. Department of Justice on Thursday at the Seventh Circuit chimed in on a suit alleging that Comcast Corp. illegally monopolized the market for local television advertising, warning that refusing to deal with a competitor is an antitrust violation only in limited circumstances.

  • November 9, 2018

    Justices Urged To Review Checked-Bag Fee Collusion Claims

    A group of airline passengers has urged the U.S. Supreme Court to review claims that Delta Air Lines Inc. and AirTran Airways Inc. colluded to tack on fees for first-checked bags, after the allegations were rejected by the Eleventh Circuit.

  • November 9, 2018

    Express Scripts Rightfully Nixed Pharmacy Contract

    HM Compounding Services LLC clearly breached its contract with Express Scripts Inc. by refusing to collect copayments from customers, a Missouri federal judge has ruled, giving the pharmacy benefit manager a boost just days before trial.

  • November 9, 2018

    EU Seeks Comments On Disney Pay-TV Proposal

    The European Commission on Friday asked for comment on The Walt Disney Co.'s plan to address concerns over pay-TV contracts it has with Sky UK that prevent online viewers outside of the U.K. and Ireland from accessing the Disney content.

  • November 9, 2018

    BMW, Daimler Car-Share Merger Wins EU Approval

    German automakers BMW and Daimler were given the green light by the European Commission to merge their car-sharing, ride-hailing and other mobility services, provided they make concessions to allay the watchdog’s concerns about a potential monopoly in six cities.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • What We Heard At The FTC Hearings: Day 8

    Barry Reingold

    The fifth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed vertical mergers and the consumer welfare standard. Barry Reingold of Perkins Coie LLP offers some key takeaways.

  • DOJ's Yates Memo Has Little Effect On Antitrust Division

    Eric Meiring

    Since the Yates memo on individual accountability for corporate crimes was issued in 2015, the overall number of criminal antitrust cases is down significantly, and the prosecutions of Steppig, Maruyasu and Lischewski illustrate the policy's lack of lasting impact, say Eric Meiring and Brandon Duke of Winston & Strawn LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • Spotlight On Private Antitrust Enforcement At Seoul Forum

    James Robertson Martin

    At the 10th International Seoul Competition Forum, panelists discussed how private litigation can supplement public enforcement of antitrust laws, and explored how Korea, Hong Kong, China and Europe are all moving in the direction of U.S.-style private enforcement, but to varying degrees, says James Robertson Martin of Zelle LLP.

  • Watch For Antitrust Developments North Of The Border

    Mohsen Seddigh

    Next month, the Supreme Court of Canada will hear Godfrey v. Sony Corporation, which could be one of the most important antitrust cases to ever come before the court. The decision on "umbrella purchasers" will determine the viability of some future Canadian antitrust class actions, says Mohsen Seddigh of Sotos LLP.

  • What We Heard At The FTC Hearings: Days 6 And 7

    Eric Weiss

    The fourth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed innovation and intellectual property. Eric Weiss and Nick Hesterberg of Perkins Coie LLP offer some key takeaways.

  • With Conflicting Paths On FAA, High Court Likely To Take Both

    Scott Oswald

    Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.