Competition

  • December 13, 2019

    Judge Asks If T-Mobile Will Be 'Maverick' Or 'One Of The Boys'

    A Manhattan federal judge on Friday quizzed T-Mobile's CEO John Legere on whether the company would retain its maverick spirit after a proposed merger with Sprint or join the conventional class of carriers like AT&T and Verizon.

  • December 13, 2019

    Fed. Circ.'s FRAND Decision Will Put Spotlight On Juries

    A recent Federal Circuit decision will likely give juries the lead role in determining licensing rates in disputes over standard-essential patents, taking many aspects of such cases out of the hands of judges in a change that could help patent owners secure bigger awards.

  • December 13, 2019

    Judge Hints At Rejecting FTC Bid To Block Chemical Deal

    A D.C. federal judge signaled Friday he was leaning toward letting the planned tie-up of two hydrogen peroxide producers go through following a Federal Trade Commission challenge, yet his decision is not expected until January.

  • December 13, 2019

    Dems Urge USPTO To Probe Allegations Against Gilead

    A coalition of Democratic senators has urged the U.S. Patent and Trademark Office to look into claims that Gilead Sciences Inc. delayed the development of a safer HIV drug to profit more from its blockbuster drug Truvada.

  • December 13, 2019

    McGraw-Cengage Deal Hits Stumbling Block In Australia

    Australia’s antitrust authority is seeking more details on the proposed marriage between higher education publishers McGraw-Hill and Cengage Learning, as regulators said Thursday the tie-up would narrow an already concentrated playing field.

  • December 13, 2019

    Ahern Rentals Accuses Newcomer Of Trade Secret Theft

    Longtime equipment rental company Ahern Rentals Inc. on Friday sued newcomer EquipmentShare.com Inc., alleging that it orchestrated a "nationwide raiding operation" by hiring its workers who would provide the rival with stolen confidential information about Ahern's trade secrets, including its pay scale and business strategies.

  • December 13, 2019

    Hard Drive Parts Makers Hit With Another Price-Fixing Suit

    Japanese-based NHK Spring Co., TDK Corp., several of their subsidiaries and other hard disk drive manufacturers are facing yet another proposed class action, this time from nine consumers who alleged the companies have engaged in a conspiracy to fix prices for the component.

  • December 13, 2019

    Chicago Exchanges Urge 7th Circ. To Uphold Antitrust Win

    Two Chicago exchanges urged the Seventh Circuit on Friday to uphold their pretrial win over claims that they conspired to block a competing outfit from entering the market, arguing the First Amendment protects their conduct in responding to related legislative inquiries.

  • December 13, 2019

    Electronics Cos. Fight Axed TV Part Buyers' Push To Join MDL

    Samsung, Panasonic and other electronics manufacturers caught up in lengthy litigation over the prices of certain TV and computer parts have fought back against certain purchasers' efforts to be included in ongoing settlement negotiations, arguing the push to join up comes far too late.

  • December 13, 2019

    Gallo, Constellation Remove Brands From Deal To Woo FTC

    A deal previously valued at $1.7 billion is now worth about $1.1 billion after Constellation Brands said Thursday that it has removed several alcohol brands from the menu of its partial portfolio sale to E. & J. Gallo to address Federal Trade Commission antitrust concerns.

  • December 13, 2019

    UK Watchdog To Probe Viagogo's $4B StubHub Deal

    The U.K.’s competition watchdog will be taking a closer look at Viagogo’s plan to pick up StubHub in a $4.05 billion deal that will morph the new company into a ticket reselling giant operating in more than 70 countries.

  • December 13, 2019

    After Brexit 'Gets Done' The Future Remains Hazy For The City

    Prime Minister Boris Johnson claimed a resounding victory Friday with his campaign to “get Brexit done,” but the British government faces an uphill climb to negotiate a new trade deal with the European Union before the transition period ends next year.

  • December 12, 2019

    Flashy T-Mobile CEO Touts 'Supercharged' Merger With Sprint

    T-Mobile CEO John Legere told a Manhattan federal court on Thursday that his company thrives on beating up on its rivals and that its merger with Sprint will benefit everyone, rebutting fears the deal will stifle competition.

  • December 12, 2019

    Full 4th Circ. Reveals Deep Divide In Trump Emoluments Case

    The Fourth Circuit appeared divided Thursday over how to rule on a suit by Maryland and the District of Columbia that’s demanding President Donald Trump relinquish ownership of his luxury hotel just a few blocks from the White House because he’s allegedly violating the U.S. Constitution's anti-corruption provision.

  • December 12, 2019

    DOJ Settles Antitrust Concerns Over College Recruitment

    The U.S. Department of Justice on Thursday entered into a settlement with the National Association for College Admission Counseling that resolves concerns about ethics rules enforcers found were anti-competitive.

  • December 12, 2019

    Three More Chicken Cos. Settle Price-Fix Suit For $13M

    Three poultry producers agreed to pay more than $13 million to settle price-fixing claims in antitrust litigation over chicken prices, with a group of buyers urging an Illinois federal judge Wednesday to sign off on the deal.

  • December 12, 2019

    Nokia Cell Tech Conspiracy Suit Moves To Texas

    A car parts supplier's suit accusing Nokia and other technology companies of inflating licensing rates for cellular connectivity technology will be moved to Texas after a California federal judge found Wednesday that most of the alleged conspiracy occurred in the Lone Star State.

  • December 12, 2019

    Australian Gov't To Beef Up Digital Platform Regulation

    Australia's government on Thursday released a road map of its plans to increase regulation of digital platforms, which include creating a new enforcement division and efforts to boost the bargaining power that media companies there have when dealing with large technology companies.

  • December 12, 2019

    PM Boris Johnson Wins Landslide In UK Election

    The Conservative Party won an overwhelming majority in Britain's general election early Friday as the Tories picked up dozens of seats, giving Prime Minister Boris Johnson the firepower he needs to push his Brexit agenda through Parliament.

  • December 12, 2019

    Brazil Fines IBM $14M For Closing Red Hat Deal Preapproval

    Brazilian antitrust authorities fined IBM Corp. 57 million Brazilian real (roughly $14 million) on Wednesday for closing its $34 billion purchase of open-source software developer Red Hat Inc. before officials could conclude their review.

  • December 12, 2019

    Germany Fines Steel Makers $718M For Price-Fixing

    Germany’s antitrust authority has levied fines totaling €646 million ($718 million) against Thyssenkrupp and two other steel manufacturers for colluding on price surcharges for steel products used in bridges, ships, boilers and pipelines.

  • December 12, 2019

    House Passes Democrats' Bill To Tamp Down Drug Prices

    The U.S. House of Representatives passed a major Democratic drug-pricing bill Thursday that would allow Medicare to negotiate lower prices, force drugmakers to include prices in television ads and cap out-of-pocket medication costs for seniors. 

  • December 12, 2019

    Not A Buyer? No Problem For Cartel Claims, EU Court Rules

    Local governments can recoup public loans from cartels even if they’re not directly involved in the market, Europe’s top court ruled in a major elevator antitrust dispute on Thursday, saying that it would be unfair if those institutions weren’t allowed to claim losses. 

  • December 12, 2019

    Calif. County DA Sharply Criticized In 2nd Circ.

    The Orange County, California, district attorney's office was grilled in the Second Circuit on Thursday after drugmakers who agreed to pay $54 million to settle claims in an antitrust dispute accused the county prosecutor of "frivolously" trying to block the nationwide deal.

  • December 12, 2019

    Pa. Jury Fries Egg Price-Fixing Conspiracy Claims

    A Pennsylvania federal jury on Thursday rejected claims that the nation’s second-largest egg producer conspired with two industry groups in an anti-competitive scheme to reduce the supply of egg-laying hens and inflate commodity prices for grocery stores.

Expert Analysis

  • Managing Financial Product Data In Antitrust Cases

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    The data considerations required in antitrust cases involving financial products are different than those for tangible products when it comes to economic analyses for class certification, liability and damages, say George Korenko and Matthew Milner at Edgeworth Economics.

  • Whistleblowers' Unique Role In DOJ's Anti-Collusion Efforts

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    The U.S. Department of Justice's recently formed Procurement Collusion Strike Force provides those uniquely positioned in government contracting to be aware of anti-competitive conspiracies an excellent opportunity to step forward under the False Claims Act, say David Caputo and Zachary Arbitman at Youman & Caputo.

  • Opinion

    Drug-Pricing Bill Threatens Robust Generics Industry

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    The Bringing Low-Cost Options and Competition while Keeping Incentives for New Generics Act, currently pending in the Senate, goes too far in undercutting first-to-file generic drug applicants’ 180-day marketing exclusivity period, which has been crucial for the phenomenal growth of the industry, say Chad Landmon and David Ludwig of Axinn.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • The Rise Of Patent Wars In Europe's Gene Therapy Space

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    Drug companies can prepare for increasing competition and a rise in contentious patent proceedings in Europe’s gene therapy industry by aligning patents, orphan designations and data exclusivity where possible, say Jane Hollywood and Frances Denney of CMS Legal.

  • Algorithmic Tacit Collusion Is A Limited Threat To Competition

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    A recent economic study indicating that an algorithm can learn to tacitly collude is of interest to the global antitrust community and highlights some practical limitations to algorithmic collusion, including that competitors may not use algorithms at all, as well as opportunities for algorithmic compliance, says Ai Deng of NERA Economic Consulting.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • Beware Gov't Contract Practices That May Signal Collusion

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    In response to the U.S. Department of Justice's recent announcement of heightened antitrust enforcement for the government procurement process, contractors should understand the red flags considered indicative of potential collusive activity, say Gail Zirkelbach and Eric Ransom at Crowell & Moring.

  • Opinion

    Can We Get An Administration Standard On Tech Standards?

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    It is time for the U.S. Patent and Trademark Office's director to join the assistant attorney general in reevaluating the FRAND injunction policy regime to develop a balanced position that is fairer to everyone and ensures that the system stimulates economic growth and job creation in emerging technologies, says Robert Stoll of Drinker Biddle & Reath.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Innovative Collaborations Require Antitrust Flexibility

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    Joint initiatives by companies active in the same industry are much needed to tackle major challenges like sustainability and digital transformation, but such partnerships may require special exemptions from international antitrust authorities, says Tilman Kuhn of White & Case.

  • And Now A Word From The Panel: It's Nothing Personal

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    A recent ruling on personal jurisdiction from the Judicial Panel on Multidistrict Litigation makes clear that parties should not be able to utilize the MDL process as an end-run around well-established due process considerations, says Alan Rothman of Arnold & Porter.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • No End In Sight For Litigation Of No-Poach Antitrust Claims

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    In light of the U.S. Department of Justice's indications of forthcoming criminal enforcement, and two recent federal court rulings concerning potential antitrust violations from use of no‑poach clauses in franchise agreements, companies should ensure they are not taking any action that could run afoul of antitrust laws, says Jennifer Maffett-Nickelman of Thompson Hine.

  • Where BPCIA Issues Stand As FDA Approves 25th Biosimilar

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    The U.S. Food and Drug Administration has issued a torrent of biosimilar approvals under the Biologics Price Competition and Innovation Act this year, most recently for Pfizer's adalimumab, but questions remain regarding biologic patent dispute resolution, antitrust issues and the constitutionality of the BPCIA, says Steve Keane of MoFo.