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Competition

  • May 17, 2019

    Group Questions T-Mobile's Lifeline Pledge, Drawbacks

    In a letter to the Federal Communications Commission Thursday, an Oklahoma phone company expressed doubt that T-Mobile would maintain a commitment to the Lifeline program for low-income consumers, citing the company’s track record of limited participation.

  • May 17, 2019

    UK Truck Cartel Class Cert. Paused Amid Mastercard Appeal

    The U.K.’s competition tribunal pumped the brakes Friday on a class certification bid against Daimler and other truck manufacturers accused of a price-fixing cartel, preferring to wait at least until the country’s high court decides whether to take up Mastercard’s appeal of a decision significantly lowering the certification bar.

  • May 17, 2019

    BMW Blasts EU’s Emissions Tech Cartel Case

    BMW AG’s chief executive on Thursday blasted a European Union investigation alleging that it colluded with other German car makers to keep new emissions technology off the market for several years, calling the claims unfounded.

  • May 17, 2019

    Citi, JPM Get Nod For $182.5M Euribor Settlement Payout

    A Manhattan federal judge on Friday approved a $182.5 million settlement between JPMorgan Chase & Co., Citigroup and investors who accuse the two megabanks of rigging a key euro rate, signing off also on a roughly $36 million haul for plaintiffs' firms that brought the antitrust class action.

  • May 17, 2019

    No Delay For CVS-Aetna Deal Review

    The U.S. Department of Justice deal clearing the CVS-Aetna merger remains bound for review with live witness testimony in early June after a D.C. federal judge rejected CVS Health Corp.'s bid to delay the first-of-its-kind review by more than a month.

  • May 17, 2019

    House Passes Bill To Lower Drug Prices, Bolster ACA

    The U.S. House of Representatives passed legislation on Thursday that aims to lower prescription drug costs, including a bill that would ban pay-for-delay settlements to keep generic drugs off the market, as well as measures to strengthen the Affordable Care Act.

  • May 17, 2019

    DOJ Antitrust Chief To Appear For Fed. Circ. Oral Args

    The U.S. Department of Justice's top antitrust official is set to appear for Federal Circuit oral arguments in an appeal by Capital One Financial Corp. on claims accusing Intellectual Ventures I LLC of monopolizing the banking technology market.

  • May 17, 2019

    EU Forex Rigging Case Opens The Door To Litigation Wave

    The expansion of U.S. plaintiffs firms into Europe means that five major banks fined €1.07 billion ($1.2 billion) Thursday for rigging the multitrillion-dollar foreign exchange market may be about to face a wave of costly follow-on claims in the region.

  • May 17, 2019

    Zetia Buyers Demand Info On Generics In Pay-For-Delay Suit

    Generic-drug maker Zydus needs to cough up details on its generic version of Zetia, buyers of the cholesterol medication told a Virginia federal court, as they contend that information may bolster their pay-for-delay case against Merck and Glenmark.

  • May 17, 2019

    Italy's Antitrust Watchdog Looks Into Google App Dominance

    The Italian Competition Authority said Friday it has opened an investigation into Google Inc. over allegations it is abusing its dominant market position in the smart-device sector.

  • May 16, 2019

    CDC's HIV Prevention Patents Invalid, Gilead CEO Tells House

    Gilead believes that Centers for Disease Control and Prevention patents that went toward its blockbuster HIV prevention and treatment medication Truvada are invalid and can't be used to make the company lower the drug's cost, the company’s CEO told the U.S. House of Representatives on Thursday.

  • May 16, 2019

    United, Humana Say Classes Can't Carve Up Generic Awards

    United Healthcare and Humana want the Pennsylvania federal court overseeing sprawling multidistrict litigation over generic drug prices to refuse to grant an order that would set aside part of any money the health care companies might win for the main class.

  • May 16, 2019

    Blood Clot Drug Buyers Must Redo Class Cert. Bid

    Nashville's general hospital has one week to amend a proposed class of Lovenox buyers after a Tennessee federal judge rejected a last-minute tweak to the class definition in a lawsuit accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • May 16, 2019

    Canada Says National Wireless Giants May Need More Rivals

    Canada is mulling a controversial regulatory change under which its major wireless players would share their networks with smaller operators, and the country’s antitrust authority advised Thursday that the move might drum up competition and lower prices, but also come with serious drawbacks.

  • May 16, 2019

    Jiffy Lube Worker Wants No-Poach Case Kept In Pa.

    A former Jiffy Lube worker explained to a Pennsylvania federal court that he filed his suit challenging no-poach provisions in the company's franchise agreements in the district where the pacts prevented him from both "coming and going" and that the case should not be transferred to Texas.

  • May 16, 2019

    Halting Anti-Competitive Conduct Not Enough, Vestager Says

    The European Union's top antitrust official suggested Thursday that the bloc's enforcers need to do more than just stop anti-competitive behavior in fast-moving digital markets, arguing for more proactive authority that can force companies to actually shore up the competition they allegedly undermined.

  • May 16, 2019

    Pa. Justices Cast Doubt On Highmark-UPMC Deal Extension

    Pennsylvania’s highest court seemed unwilling Thursday to indefinitely extend a state-brokered consent decree to require the University of Pittsburgh Medical Center to provide ongoing in-network access to Highmark Inc. insurance holders.

  • May 16, 2019

    Fla. Security Cos. Look To Ditch No-Poach Conspiracy Suit

    The owners of multiple private security guard companies and their attorneys fought back Wednesday against a proposed class action accusing them of running a no-poaching conspiracy to suppress security guard wages, arguing the suit is trying to transform uncontroversial noncompete agreements into a federal antitrust case.

  • May 16, 2019

    State AGs Want In On CVS-Aetna Deal Review

    Attorneys general from California, Florida and three other states that helped the U.S. Department of Justice craft a deal clearing the CVS and Aetna merger want time to defend the agreement amid the deal's unusual review process playing out in D.C. federal court.

  • May 16, 2019

    EU Fines 5 Banks €1.07B For Rigging FX Trades

    Five major banks including Royal Bank of Scotland and Barclays have been fined more than €1 billion ($1.2 billion) for allegedly colluding in the trade of large sums in foreign-exchange markets, the European Commission announced Thursday.

Expert Analysis

  • A Potential New Fight Over FTC's 13(b) Authority

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    On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • Opinion

    Oil Cartel Bill's Passage Is Long Overdue

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    The No Oil Producing and Exporting Cartels Act has been reintroduced in Congress, and the oil market conditions that spurred this needed legislation in 2000 are just as widespread today — but so are the inaccurate criticisms of this bill, says attorney Seth Bloom, who drafted the original version of NOPEC.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Examining The Evidence On VIX Manipulation

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    An ongoing multidistrict litigation alleges manipulation of the formula used to determine the settlement price for derivatives based on the Chicago Board Options Exchange’s volatility index. But a review of trading data reveals how reasons other than manipulation can explain trading activity on any given day, say consultants with Analysis Group.

  • High Court Clarifies Standards For Antitrust Claims

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    The primary practical implication of the U.S. Supreme Court's ruling Monday in Apple v. Pepper is that the court's Illinois Brick precedent remains an obstacle to federal antitrust claims for damages, but that its scope arguably has been limited, say attorneys at Skadden.

  • What Fed. Circ. False Ad Ruling Means For Section 337 Claims

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    Though the Federal Circuit's decision in Amarin v. U.S. International Trade Commission mandates careful drafting of Food, Drug and Cosmetics Act-related Section 337 claims under the Tariff Act, it arguably leaves the door open for creative litigants to raise claims for less common "unfair acts," say attorneys at Ropes & Gray.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • What Gov't Outsourcing Ruling Means For Investigations

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    A New York federal court's recent decision in U.S. v. Connolly is a warning to prosecutors against outsourcing their investigations to companies and outside counsel, but it should also be used by companies to determine the framework for internal investigations, says Rachel Maimin of Lowenstein Sandler.