Competition

  • September 23, 2019

    House Dems Question Trump, DOJ On Car Emissions Probe

    House Democrats are launching a formal inquiry into whether the Justice Department’s antitrust arm has been politicized by the White House for use against automakers that struck a deal with deep-blue California over emissions standards for vehicles.

  • September 23, 2019

    NH AG Raises Red Flags Over Planned Hospital Merger

    New Hampshire’s attorney general is raising red flags about the planned purchase of a hospital system by the owner of Massachusetts General Hospital, saying the move could hurt competition in the Granite State and result in higher costs for health care.

  • September 23, 2019

    Loestrin Judge Assigns Antitrust Homework Before Hearing

    The Rhode Island federal judge handling Loestrin buyers' fraud and antitrust claims against drugmakers Warner Chilcott and Watson Pharmaceuticals directed both sides to answer questions related to the pharma companies' market power ahead of next week's potentially packed case hearing.

  • September 23, 2019

    Fla. Blue Cross Broker Exclusivity Gets Antitrust Immunity

    Rules by Blue Cross Blue Shield of Florida barring agents from selling other insurance lines are secure from a rival insurer's lawsuit, a federal judge has decided, holding that the exclusivity provisions are part of the "business of insurance," which triggers antitrust immunity.

  • September 23, 2019

    ATM Operators Seek Cert. In Visa, Mastercard Antitrust Suit

    A proposed class of ATM operators asked a D.C. federal judge for certification in their suit accusing Visa and Mastercard of violating antitrust laws by implementing ATM fee rules that jack up consumers' costs and limit ATM owners' earnings.

  • September 23, 2019

    3rd Circ. Halts FCC's Plan To Deregulate Media Ownership

    The Third Circuit on Monday ordered the Federal Communications Commission to wholly redo and better justify any changes to its media ownership rules, making sure that they are not at the expense of women and minorities seeking to gain a foothold in the industry.

  • September 20, 2019

    Ex-SocGen Exec Tells 2nd Circ. She's No Fugitive

    A former Societe Generale SA executive accused of rigging the Paris bank's submissions to the London Interbank Offered Rate asked the Second Circuit to throw out the case Friday, saying a lower court wrongly classified her as a fugitive.

  • September 20, 2019

    9th Circ. OK Of LinkedIn Data Scraping May Curb CFAA

    The Ninth Circuit has found that scraping information in bulk from public LinkedIn profiles likely does not breach the federal Computer Fraud and Abuse Act, in a closely watched ruling that could rein in the reach of the oft-challenged anti-hacking law.

  • September 20, 2019

    Tuna Cos. Look To Bar Testimony Over 'Racial Stereotypes'

    Canned-tuna giants StarKist and Chicken of the Sea urged a California federal judge to block class action price-fixing plaintiffs from using an expert witness who relies solely on "cultural and racial stereotypes" about Asians to blur the line between the companies and their corporate parents.

  • September 20, 2019

    Leading House Dem Wants Drug 'Hopping' Banned

    A top House Democrat has filed legislation aimed at cutting drug prices by outlawing a pharmaceutical industry practice known as “product hopping,” which pushes patients onto new, exclusively sold drugs when the companies’ patents on existing ones are set to expire.

  • September 20, 2019

    Buyers Win Class Cert. In Blood Clot Drug Monopoly Suit

    A Tennessee federal judge on Friday certified a class of thousands of Lovenox buyers in a suit from a Nashville hospital and a union health plan accusing Momenta and Sandoz of conspiring to monopolize the blood clot drug and its generic version.

  • September 20, 2019

    House Dems Pass Limits On Mandatory Arbitration Clauses

    Democrats in the U.S. House of Representatives, with support from just two Republicans, passed a bill on Friday that would invalidate mandatory arbitration clauses related to employment, consumer, antitrust and civil rights.

  • September 20, 2019

    Brewer Asks 7th Circ. To Revive Rest Of Ontario Beer Case

    A Wisconsin brewery has asked the Seventh Circuit for a rehearing after the court refused to revive pieces of its suit claiming Anheuser-Busch InBev and Molson Coors Brewing Co. conspired to restrict the flow of American beer exports to Ontario, Canada.

  • September 20, 2019

    What Attorneys Must Know About The Draft CFIUS Rules

    The draft rules for the overhaul of the Committee on Foreign Investment in the United States are finally out, providing more detail about the changes coming to the process for reviewing inbound transactions for potential national security concerns. Here, Law360 outlines the key clarifications provided by the proposed regulations.

  • September 20, 2019

    Drug Suppliers Admit To UK Market Fixing, Watchdog Says

    Two pharmaceutical companies admitted that they broke U.K. competition law when they agreed to fix the quantities and prices of the supply of an antidepressant drug, Britain’s antitrust regulator said Friday.

  • September 19, 2019

    EU Court Strikes Down Danish Bank State Aid Ruling

    Europe’s General Court on Thursday annulled a ruling by the European Commission over the repayment of financial help a Danish bank received from Denmark after the financial markets tanked a decade ago.

  • September 19, 2019

    Telecom Groups Warn Google Update Will Be Disruptive

    A group of telecommunications organizations sent a letter to congressional committees Thursday asking them to seek information from Google about a new internet browser protocol that the tech company plans to implement.

  • September 19, 2019

    DOJ Allowed Into 7th Circ. Arguments On Syringe Price-Fixing

    The U.S. Department of Justice will get a chance before the Seventh Circuit next week to argue that a lower court “misconstrued” the prohibition on indirect purchaser antitrust claims, with time allotted Wednesday alongside health care providers trying to revive their price-fixing allegations against Becton Dickinson & Co. and others.

  • September 19, 2019

    Brazil, Russia, Others Confront Competition In Digital Markets

    Four of the five emerging economic powers known as the BRICS countries — Brazil, Russia, India and South Africa — see themselves as generally well-positioned to deal with the challenges of antitrust enforcement in the digital age, but challenges remain, according to a new report from their competition enforcers.

  • September 19, 2019

    Youth Hockey Club Wants Top-Tier Status Before Next Season

    An Illinois youth hockey team seeking to be included in top tier competition renewed its call for a federal judge to quickly decide its case, saying if the judge doesn't act soon, the club will lose its chance to recruit players for the 2020-21 season.

  • September 20, 2019

    CORRECTED: 11th Circ. Says Cigna Can Enforce $25M Deal

    The Eleventh Circuit reversed and remanded a Florida district court's denial of Cigna Healthcare Inc.'s motion to enforce a $25 million settlement agreement after allegations that a group representing the class misappropriated part of its settlement with Cigna. Correction: A previous version of this article misstated which group was alleged to have misappropriated settlement money. The error has been corrected.

  • September 19, 2019

    Heinz Wants To Join Kraft, Break From Pa. Egg Antitrust Suit

    The former H.J. Heinz Co. wants to split from the other plaintiffs in Philadelphia-based multidistrict litigation over the alleged price-fixing of egg products so its claims can be tried alongside its new corporate partner, Kraft, in Chicago, according to a filing Wednesday in Pennsylvania federal court.

  • September 19, 2019

    Walgreens Settles Out Of 1-800 Contacts Antitrust Suit

    Walgreens and Vision Direct have reached a settlement in Utah federal court with contact lens buyers, leaving 1-800 Contacts as the last company left in a suit accusing retailers of suppressing competition in the online market for contact lenses.

  • September 19, 2019

    Advocates Worry Nexstar Approval Will Restrict FCC Access

    When the Federal Communications Commission gave its blessing Monday to the Nexstar-Tribune broadcast merger, the commission's 40-page order included an easy-to-overlook footnote that mostly disqualified an advocacy organization from lodging a formal deal challenge. As it turns out, advocates say this small aside could have a big impact on the public's ability to participate in future FCC proceedings.

  • September 19, 2019

    House Democrats Unveil Drug Pricing Bill Opposed By GOP

    House Democrats on Thursday announced legislation to lower prescription drug costs by making the federal government negotiate prices with pharmaceutical companies and letting consumers with employer-based health insurance pay the same rates as Medicare.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • CFIUS Risk Review Rules May Draw Attention To US Biotech

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    The Committee on Foreign Investment in the United States' critical technologies pilot program has had relatively minor impact on the U.S. biotech industry in the last year, but proposed rules unleashed by the Foreign Investment Risk Review Modernization Act will soon reshape the relationship between the government and the biotech industry, says Richard Matheny of Goodwin.

  • Perspectives

    Bill Limiting Forced Arbitration Is Critical To Real Justice

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    Real justice means having access to fair and independent courts, but that will only be a reality when Congress bans predispute, forced arbitration under federal law with the Forced Arbitration Injustice Repeal Act, which passed the House on Friday, says Patrice Simms at Earthjustice.

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    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • 8 Takeaways From CFIUS' Proposed Risk Review Rules

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    The Committee on Foreign Investment in the United States’ draft regulations implementing the Foreign Investment Risk Review Modernization Act seem to focus on specific national security concerns, as opposed to taking a broader approach, which means they are significantly more complex than the pre-FIRRMA regime, say Christian Davis and Thor Petersen of Akin Gump.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • SEPs In The Wake Of Qualcomm: 4 Enforcement Issues

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    As demonstrated by recent court decisions such as Federal Trade Commission v. Qualcomm, standard-essential patent infringement suits are hardly straightforward. But these cases as well as statements from government agencies reveal key factors that SEP holders should keep in mind when seeking to enforce their patents, say attorneys at Sterne Kessler.

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    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Henry Schein Case Illuminates Maze Of Arbitrability Questions

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    While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Third Point's FTC Fine Displays Antitrust Rule Quirk

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    Although the Federal Trade Commission determined Third Point inadvertently missed Hart-Scott-Rodino Act filings associated with its investments in newly merged DowDuPont, the FTC's enforcement action underscores the need for attention to compliance with the antitrust law, even when the trigger is another company's transaction, say attorneys at Arnold & Porter.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Crypto-Mining Pools, Chips May Prompt Antitrust Concerns

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    Cryptocurrency-mining company Bitmain's reported plans for an initial public offering have thrust the influence of mining pools and application-specific integrated circuits on the competitive landscape into the spotlight, raising questions over whether they promote mining centralization, says Marc Martos-Vila at Econ One Research.

  • Beyond $15B: What's At Stake In The Apple Irish Tax Appeal

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    On Tuesday, the EU General Court will hear an appeal to a European Commission decision ordering Apple to repay €14.3 billion in taxes and interest to Ireland. This case triggers important questions of a member country’s range of discretion in granting tax incentives to nonresident companies, says Joyce Beebe of Rice University.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.