Competition

  • February 21, 2020

    Telescope Co. Wants Damages-Socked Rival To Keep Dealing

    A Chinese telescope maker should be required to keep dealing with its rivals on good terms after it was hit with nearly $50 million in damages for conspiring against them to divvy up the U.S. market, one of those competitors told a California federal court.

  • February 21, 2020

    Domino's Tells 6th Circ. No-Poach Claims Must Be Arbitrated

    Domino's Pizza has told the Sixth Circuit that a lower court was right to force a suit over no-poach provisions in its past franchise agreements into arbitration, saying the former driver's appeal has no support from the facts or the law.

  • February 21, 2020

    EU Fines Spanish Hotel Co. $7.2M Over Antitrust Violation

    The European Commission said Friday it has fined Spanish hotel group Melia Hotels International SA — Spain's largest hotel chain — €6.7 million ($7.2 million) for breaching European Union antitrust rules by restricting tour operators’ travel packages based on where consumers live.

  • February 21, 2020

    Calif. Consumers Seek To Stop 'Deeply Flawed' T-Mobile Deal

    A collection of California consumers who are challenging the $56 billion T-Mobile-Sprint merger want a court order that will stop the tie-up from moving forward while their suit plays out, calling a New York federal court’s decision declining to block the union “deeply flawed.”

  • February 21, 2020

    3rd Circ. Says J&J Must Face Walgreens, Kroger Antitrust Suit

    Walgreens and Kroger have earned another crack at proving Johnson & Johnson snuffed out competition for its arthritis treatment Remicade and hiked the drug’s price tag, as the Third Circuit disagreed with a lower court that a commercial contract barred the retailers’ federal antitrust claims.

  • February 21, 2020

    Rent-To-Own Stores Settle FTC Market-Splitting Charges

    The Federal Trade Commission said Friday that rent-to-own store operators Aaron's Inc., Buddy's Newco LLC and Rent-A-Center Inc. have agreed to stop using pacts that effectively divvied up geographic markets, but one commissioner called the outcome "clearly inadequate."

  • February 21, 2020

    FTC Member Says Dissents Show No ‘Rubber-Stamping’

    A member of the Federal Trade Commission’s vocal Democratic minority defended his dissents Friday as a sign not of a heavily divided agency but of an enforcer that doesn’t just sign off on actions without deliberation.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    Ireland To Appeal State Aid Ruling Against Fiat, Luxembourg

    Ireland is appealing a European Court of Justice decision from last year finding carmaker Fiat received illegal state aid from Luxembourg, saying the decision is relevant to an ongoing Irish case, an Irish government representative confirmed Friday.

  • February 21, 2020

    Cboe Investors Push For Appeal In VIX Manipulation Case

    Investors in the Chicago Board Options Exchange urged an Illinois federal judge to immediately enter final, and therefore appealable, judgment on an order ending claims over the alleged manipulation of the exchange's volatility index.

  • February 21, 2020

    DOJ Antitrust Division Still Eyeing Standards Orgs

    The U.S. Department of Justice continues to see little reason for antitrust enforcers to interfere in the exercise of patent rights, although the agency is still keeping a close eye on standard-development organizations, which a senior DOJ official said Friday may be manipulated to skew market forces.

  • February 20, 2020

    Piece Of Auto Dealer Data MDL Bound For Arbitration

    An Illinois federal judge hit the brakes Thursday on one piece of the antitrust multidistrict litigation against Reynolds and Reynolds Co. and CDK Global, holding that it’s up to an arbitrator to decide whether an automotive industry data technology company’s claims should be arbitrated.

  • February 20, 2020

    Apotex Suit Against Pfizer Unit Teed Up For State Court

    Apotex Corp. will get another chance to show that Hospira Inc. reneged on the pair’s exclusive drug supply agreement and instead formed a monopoly, as the New York federal judge who recently axed the bulk of Apotex’s allegations decided a state court should hear the remaining claims.

  • February 20, 2020

    Japan Electronics Co. Says Price-Fix Suit Must Be Arbitrated

    A Japanese electrical manufacturing company has urged a California federal court to force Flextronics International USA Inc. to arbitrate in Hong Kong its suit over an alleged price-fixing scheme related to inductors, an electrical component often used in radios.

  • February 20, 2020

    TransDigm Defeats Investor Suit Over Alleged Price-Gouging

    An Ohio federal judge ruled Wednesday that investors in TransDigm Group Inc. had fallen short in asserting securities claims against the aerospace manufacturing company for allegedly inflating profits by gouging the U.S. government.

  • February 20, 2020

    Fla. Blue Cross Defends Exclusivity Rules At 11th Circ.

    Blue Cross Blue Shield of Florida has told the Eleventh Circuit that its rules barring agents from selling competing insurance policies are exempt from federal antitrust law, despite contentions from rival Oscar Insurance Co. and the U.S. Department of Justice.

  • February 20, 2020

    Alcon Can't Clear New Contact Lens Price-Fixing Claims

    A Florida judge refused to let Alcon escape antitrust claims that were added last year to multidistrict litigation over price-fixing, finding that the Swiss optics giant would have to face the newer accusation that it caused a discount lens reseller to lose sales and goodwill.

  • February 20, 2020

    Rival Says Allergan Muscle Toner Not As Strong As Claimed

    The makers of the Emsculpt electric muscle toning device sued Allergan Inc. in Delaware federal court on Thursday, saying Allergan's claims that its competing device is 50% stronger than Emsculpt don't match up with its real performance.

  • February 20, 2020

    9th Circ. Won't Revive RICO Suit Over Atty Referral Scheme

    A Ninth Circuit panel has found that a lower court did not err when it tossed an attorney's racketeering lawsuit against a group of competing lawyers, saying Robert Ozeran was not a direct victim of the group’s alleged multimillion-dollar workers' compensation insurance referral scheme.

  • February 20, 2020

    Patients Can't Revive RICO Claims Against Insulin Makers

    Diabetes patients fell short Thursday in their renewed bid to pursue Racketeer Influenced and Corrupt Organizations Act claims against Novo Nordisk, Sanofi-Aventis and Eli Lilly and Co. for allegedly causing them to overpay for insulin medication after a New Jersey federal judge said the consumers could not seek an injunction under the statute.

  • February 20, 2020

    NCAA Spars With Players Over Calif. Pay Law At 9th Circ.

    The NCAA and college athletes battling to expand a ruling banning some compensation restrictions have offered opposing takes at the Ninth Circuit on the effect that a new California law permitting athlete endorsement deals in the state has on their dispute.

  • February 20, 2020

    Dish's Ergen Hints DirecTV Deal May Again Be On Table

    Although his company is a linchpin in the still-pending merger of Sprint and T-Mobile, Dish Network co-founder Charlie Ergen is already musing about another potential deal — a tie-up with rival satellite company DirecTV.

  • February 20, 2020

    Cozen O'Conner Can Get Paid In Fight Over Antitrust Suit Fee

    The Seventh Circuit held Thursday that Cozen O'Connor is entitled to a share of a $4.2 million settlement and upheld multiple sanctions against an attorney the firm once represented after he "took a frivolous legal position and turned it into a multiyear litigation rife with delays and misconduct."

  • February 20, 2020

    Davis Polk, Skadden Guide $13B Morgan Stanley-E-Trade Deal

    Morgan Stanley, counseled by Davis Polk, has agreed to buy Skadden-advised financial services company E-Trade for roughly $13 billion, the companies said Thursday, in a deal that stands to fortify Morgan Stanley’s position as a leading wealth management business.

  • February 19, 2020

    Liqui-Box Will Divest To Get DOJ Blessing On $585M Merger

    The U.S. Department of Justice revealed Wednesday it has agreed to bless Liqui-Box Inc.’s $585 million pick-up of a London-based plastics business, provided the latter sells off several of its bag-in-box product lines within the United States.

Expert Analysis

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • FDA-FTC Biosimilar Push Clarifies Antitrust Stance

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    Recent collaboration between the U.S. Food and Drug Administration and Federal Trade Commission signals the FDA's commitment to addressing anti-competitive behavior in the biosimilar market, while recent draft guidance from the agency highlights considerations for companies developing promotional materials that involve reference products, say Kellie Combs and Deborah Cho of Ropes & Gray.

  • Peloton Suit Shows Sync Licensing Is Next Copyright Horizon

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    A New York federal court's recent decision that the publishers' refusal to license music did not violate antitrust law in Downtown Music Publishing v. Peloton demonstrates that innovators cannot rely on a blanket public performance license and that copyright law is in need of reform, says Sekou Campbell of Culhane Meadows.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Trends In Recent FCPA And Cartel Cases Against Execs

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    The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

  • Recent Cases Defy Conventional Merger Control Wisdom

    Excerpt from Lexis Practice Advisor
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    In the decades since the passage of the Hart-Scott-Rodino Act and Tunney Act, four mergers and acquisitions antitrust practice trends have endured, but there are several recent counterexamples — including a New York federal court's approval of the T-Mobile-Sprint merger this week, says Tim Haney of Lexis Practice Advisor.

  • The Deal Maker's Guide To The New CFIUS Framework

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    Now that new national security regulations governing cross-border investment and acquisitions are in effect, attorneys at MoFo identify the key questions deal makers should be asking to assess whether they must, or should, notify the Committee on Foreign Investment in the United States of a transaction.

  • T-Mobile/Sprint Ruling Elevates Tech Market Merger Analysis

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    A New York federal court’s recent refusal to block the merger of Sprint and T-Mobile provides a compelling case for considering the dynamism of high-tech markets and demonstrates a sophisticated understanding of the nuances and limitations of empirical economic analysis, says Jeffrey Eisenach of NERA Economic Consulting.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • USPTO, DOJ Downplay Essential Patents' Licensing Terms

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    A recent policy statement from the U.S. Patent and Trademark Office and the U.S. Department of Justice's Antitrust Division appears to largely stem from the mistaken view that standard-essential patents licensed on fair, reasonable and nondiscriminatory terms are no different from any other kind of patent or intellectual property, say Jay Jurata and Emily Luken of Orrick.

  • Del. M&A Ruling Shows High Bar For Determining Controllers

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    The Delaware Chancery Court recently rejected a stockholder challenge to the merger of Essendant and Staples, demonstrating that the court will consider a minority stockholder as a controller only when it actually exercises control over a company's business affairs, say attorneys at Fried Frank.

  • The Dollars And Sense Of Antitrust Class Certification: Part 1

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    Justin Cohen and Kim Papini of Wilson Sonsini break down the legal standards for class certification in pharmaceutical antitrust cases and discuss the economic theories used to support or oppose certification in recent cases. 

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