Competition

  • January 17, 2020

    UK’s £106M Flybe Tax Break Could Be Illegal, Watchdog Says

    The U.K. government’s decision to bail out budget airline Flybe drew criticism Friday from a watchdog group, which questioned the deal’s legality, including deferral of a £106 million ($138 million) tax bill stemming from per-passenger duties.

  • January 17, 2020

    Travelers Needn't Defend KLA-Tencor In Patent Antitrust Row

    A California appeals court has ruled that Travelers doesn’t have to cover KLA-Tencor Corp.’s costs to successfully defend against a lawsuit alleging it sought to damage a rival’s business by fraudulently obtaining a patent for advanced semiconductor measurement systems.

  • January 17, 2020

    FTC Dings Hydrogen Peroxide Co.'s Canadian Divestiture Deal

    The Federal Trade Commission told a D.C. federal court Friday that an apparent divestiture agreement between Canada's competition enforcer and a hydrogen peroxide producer does not fix the problems raised by the United States' challenge of the company's $625 million merger.

  • January 17, 2020

    GE Settles Hospitals’ Anesthesia Machine Monopoly Suit

    General Electric can put another anesthesia machine servicing monopolization case behind it after cutting a confidential deal with a pair of health care providers in Massachusetts federal court.

  • January 17, 2020

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

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 16, 2020

    App Cos. Sue Facebook Over 'Brazen' Anti-Competitive Plot

    A handful of tech companies launched a proposed class action against Facebook on Thursday in California federal court, alleging the social media giant intentionally set out to destroy app developers it deemed as potential rivals in "the most brazen, willful anti-competitive scheme in a generation."

  • January 16, 2020

    Turkey And Chicken Price Suits Can't Flock Together, Cos. Say

    Perdue, Cargill and other turkey producers have said there's no reason antitrust allegations against them must be heard by the same judge overseeing a similar sprawling case over chicken prices.

  • January 16, 2020

    DOJ Clears Optometry Org To Expand Purchasing Power

    The U.S. Department of Justice's Antitrust Division signed off Wednesday on the American Optometric Association's plans to expand its group purchasing abilities to include lenses and other optometric products, saying that adequate safeguards have been put in place against anti-competitive harm.

  • January 16, 2020

    Gilead Hit With Another Antitrust Suit Over HIV Drugs

    Gilead Sciences Inc., already facing political pressure and lawsuits over alleged anti-competitive behavior, was hit Wednesday with a proposed class action accusing the pharmaceutical giant of conspiring with other drugmakers to block the use of generics in HIV treatment regimens.

  • January 16, 2020

    Tata Urges 7th Circ. To Toss $420M Trade Secrets Verdict

    Units of Indian superconglomerate Tata Group told the Seventh Circuit that they shouldn't have to pay more than $400 million in damages to Wisconsin-based Epic Systems Corp. for ripping off its health care software, saying Epic hadn't shown evidence of any compensable injury at trial.

  • January 16, 2020

    Qualcomm Seeks To Kill Investor Action Over FTC Case

    Qualcomm Inc. is once again gunning to shut down a stock-drop suit lodged in the wake of a U.S. antitrust enforcement action over its licensing strategy, arguing that newly assembled public documents prove the chipmaker disclosed its practices and their potential to expose the company to legal trouble.

  • January 16, 2020

    UK Moves To Disqualify Execs Over Construction Price-Fixing

    Britain’s antitrust watchdog said Thursday that it has started proceedings to disqualify two executives of a construction company that broke competition law by fixing its prices with two other businesses.

  • January 16, 2020

    BA Owner Accuses Flybe Of Breaching EU State Aid Rules

    The parent company of British Airways said Thursday it has complained to the European Union about a government deal to rescue troubled regional carrier Flybe, claiming it breaches state aid rules.

  • January 15, 2020

    ResMed Settles FCA Suits Over Referral Fraud For $39.5M

    A California-based medical equipment manufacturer will pay $39.5 million to resolve five False Claims Act lawsuits claiming it paid suppliers, sleep labs and health providers illegal kickbacks to sell more of its products for sleep disorders, the U.S. Department of Justice announced Wednesday.

  • January 15, 2020

    Sprint/T-Mobile Deal Will Lead To High Prices, Court Hears

    An attorney for a coalition of states challenging the merger of T-Mobile and Sprint on Wednesday made a final pitch to the New York federal judge, saying that consumers across the country risk paying billions of dollars more for wireless services if the proposed deal goes through.

  • January 15, 2020

    FTC Tells 3rd Circ. AbbVie Pay-For-Delay Case Axed Too Early

    The Federal Trade Commission urged the Third Circuit to revive the agency's antitrust claim that AbbVie paid off Teva Pharmaceuticals to delay Teva's generic version of the testosterone treatment AndroGel, saying at oral argument Wednesday that a lower court tossed the suit before the FTC had a chance to back it up.

  • January 15, 2020

    AmEx Wins Arbitration, Dismissal For Anti-Steering Suit

    Retailers still accusing American Express of violating antitrust law will have to pursue their allegations in arbitration, if at all, after a New York federal judge said Wednesday that merchants with card acceptance agreements are bound by an arbitration agreement while those without them have no case at all.

  • January 15, 2020

    Broadcasters Blast DOJ Stance In Music Rights Case

    The National Association of Broadcasters has called out the Justice Department for straying from its long-standing policies when it threw its weight behind a performance rights organization's claim that a coalition of buyers is breaking antitrust laws.

  • January 15, 2020

    Juror Podcast, Queries Can’t Upend Trader’s Guilty Verdict

    One juror discussed his time in the box on his podcast and another juror's colleagues and family reportedly researched the case during trial, but those actions weren't enough for a New York federal judge to vacate a verdict finding onetime JPMorgan forex trader Akshay Aiyer guilty of fixing currency prices.

  • January 15, 2020

    3rd Circ. Allows Reach Over Out-Of-State Parties In RICO Suit

    The Third Circuit ruled Tuesday that courts hearing racketeering cases can exercise jurisdiction over related but out-of-state parties, pulling the owners of several Delaware hotels back into a Pennsylvania-based lawsuit claiming that two former employees of a landscaping company ran a conspiracy to sabotage their own business.

  • January 15, 2020

    House Panel Eyes 4 Bills To Expand Media Diversity

    A panel of U.S. House lawmakers on Wednesday examined four bills aimed at increasing the media opportunities for women and people of color, with an emphasis on what more the FCC could do to measure diversity in the broadcast sector.

  • January 15, 2020

    Global Cartel Enforcers Shift Attention To Local Conspiracies

    Despite a rebound in penalties issued by U.S. and European enforcers last year, a report released Wednesday found that global criminal cartel fines are down over the past decade. But the downward trend may say more about where enforcers are focusing than it does about their level of activity.

  • January 15, 2020

    Final CFIUS Regs Ready New Era Of Inbound Deal Scrutiny

    Final regulations to overhaul the Committee on Foreign Investment in the United States offer special treatment to three countries and provide more guidance to investment funds while allowing for future adjustments on how the U.S. screens deals for national security concerns.

  • January 15, 2020

    EU Greenlights UK Chemical Co.'s $824M Omnova Buy

    Europe’s competition authority won’t stand in the way of Synthomer’s $824 million pickup of rival specialty chemical maker Omnova Solutions, after the U.K.-based company offered conditions that assuaged the watchdog’s concerns.

  • January 15, 2020

    SocGen Reaches Settlement In Libor-Rigging Suit

    Societe Generale SA has cut a deal to settle part of the massive Libor-rigging litigation investors have leveled against more than a dozen big banks, although no specifics on the agreement were provided.

Expert Analysis

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Where The Fight Over FTC's Enforcement Authority Stands

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    A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

  • Drug Pricing: What Happened In 2019, What To Watch In 2020

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    Last year saw a dizzying array of drug pricing actions and proposals from the White House, Congress and state governments, and this year the drug industry may face even greater pressure from groundbreaking changes to federal policy, among other developments, say Tom Bulleit and Scott Falin of Ropes & Gray.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • The Biggest Changes In China's Draft Anti-Monopoly Law

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    China's State Administration for Market Regulation recently published for public comment a draft for the revised Anti-Monopoly Law, which, if adopted, brings with it procedural and substantive changes that will likely have a significant impact on companies operating or investing in China, say Wei Huang and Fan Zhu of Tian Yuan.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • The Real Danger Of Outsourced Government Investigations

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    Following the New York federal court ruling last year in U.S. v. Connolly excoriating the government for effectively outsourcing an investigation, the concern over the rules of engagement with the government likely is misplaced. Instead, company counsel may want to focus on growing ethical pitfalls in internal investigations, say attorneys at Foley & Lardner.

  • 4 Simple Rules For Witness Note Taking

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    Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.