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Competition

  • June 20, 2019

    BREAKING: Justices Won't Revive Doctrine Curbing Executive Power

    The Supreme Court refused to strike down a sex offender law Thursday that gives the U.S. attorney general broad discretion over how it should be enforced, declining to revive a legal doctrine that experts said could vastly diminish the power of the executive branch.

  • June 19, 2019

    State AGs In Dicey Waters With Sprint-T-Mobile Challenge

    A federal court in New York will hold its first hearing Friday in a lawsuit filed by a contingent of states seeking to block the merger of Sprint and T-Mobile. And while the case is still in its early stages, it’s becoming clear that its direction will largely depend on the U.S. Department of Justice’s review of the deal.

  • June 19, 2019

    Germany’s Historic Race Track Was Sold Fairly, EU Court Says

    A European court Wednesday affirmed that the closely watched sale of Germany's most famous race track Nürburgring was on the up-and-up, shutting down complaints from an unsuccessful bidder and a motorsport trade association that the process was unclear and unfair.

  • June 19, 2019

    Colo. AG Deal Spares FTC 2-2 Split On UnitedHealth Merger

    The Federal Trade Commission nearly deadlocked Wednesday on a deal that cleared UnitedHealth Group health services subsidiary Optum’s $4.3 billion purchase of DaVita’s independent medical clinic operator, with the logjam cleared only because of a separate deal between the companies and Colorado’s attorney general.

  • June 19, 2019

    Qualcomm Says FTC Wrong To Fight Stay Of Antitrust Ruling

    Qualcomm hit back against the Federal Trade Commission on Tuesday as it again urged a California federal judge to stay her blockbuster antitrust decision against Qualcomm’s high-tech chip licensing practices pending an appeal to the Ninth Circuit.

  • June 19, 2019

    European Comm. Approves €431M German Emissions Plan

    The European Commission said Wednesday that it would approve a €431 million ($484 million) plan by Germany to overhaul municipal and commercial diesel vehicles in order to reduce nitrogen oxide emissions.

  • June 19, 2019

    Amphastar To Get $60M In Settlement With Rivals

    Amphastar Pharmaceuticals Inc. announced Wednesday it will receive nearly $60 million from two rival drug companies as part of a settlement to resolve an antitrust and patent suit.

  • June 19, 2019

    Seafood Wholesaler's 'Draconian' Noncompete Too Broad

    A frozen seafood wholesaler's noncompete agreement against a former sales associate cannot be enforced because it is so broad he'd have to move to a different continent to find new seafood industry work, an Illinois state appellate panel ruled Monday.

  • June 18, 2019

    Wells Fargo Dodges Philly, Baltimore Bond Rate-Rigging Suit

    Philadelphia and Baltimore officials agreed in New York federal court Monday to let Wells Fargo out of their suit accusing several financial institutions of conspiring to inflate the interest rates on bonds used to fund major municipal projects.

  • June 18, 2019

    COPA Hospital Mergers Take Heat From FTC, State Regulators

    The head of the Federal Trade Commission said Tuesday he’s skeptical of the Certificates of Public Advantage programs, state mechanisms that let local hospital mergers move forward without federal oversight, garnering support from two state antitrust regulators at an agency workshop who agreed the process can be abused. 

  • June 18, 2019

    Receipt Paper Merger Dropped Amid UK Probe

    Receipt paper and label maker Iconex LLC dropped a planned deal on Tuesday to purchase a pair of suppliers from Hansol Paper after the U.K.'s competition enforcer raised concerns about the move last week.

  • June 18, 2019

    Was A $5M Fine Just The Cost Of Closing A $6B Deal?

    When the Federal Trade Commission and the U.S. Department of Justice announced that Canon and Toshiba would pay $2.5 million each to settle allegations they deliberately skirted obligations to report Canon's $6 billion purchase of Toshiba Medical Systems, the agencies pronounced it a stern warning to others who might be tempted to close mergers without providing the obligatory disclosure.

  • June 18, 2019

    Deals Rumor Mill: Dish, Chi-Med, NiSource

    Dish Network is said to be close to dropping $6 billion to buy assets from Sprint and T-Mobile, Hutchison China MediTech has reportedly postponed the launch of a planned Hong Kong listing, and NiSource is said to be considering selling a subsidiary tied to last year’s deadly pipeline explosions in Massachusetts.

  • June 18, 2019

    Asacol Buyers Say Product-Hopping Suit Requires Trial

    Buyers of Allergan's ulcerative colitis drugs have told a Massachusetts federal court that they were coerced into paying for higher-priced medication when the company blocked a generic drug from the market, which they say is enough to push their antitrust case to trial.

  • June 18, 2019

    DOJ Talks Show Broadcast Definition Must Change, NAB Says

    Two days of discussion at the U.S. Department of Justice yielded further evidence that antitrust enforcers are needlessly stopping broadcast deals because they are clinging to an outdated view of how stations stack up against online platforms, the National Association of Broadcasters said in its latest comments to the regulator.

  • June 18, 2019

    UK Says Illumina's $1B Genomic Sequencing Deal Problematic

    The U.K.'s competition enforcer said Tuesday that DNA-sequencing company Illumina Inc.'s planned $1.2 billion purchase of Pacific Biosciences of California Inc. raises concerns about the supply of gene sequencing systems in the country.

  • June 18, 2019

    Antitrust Watchdog Accuses Drug Suppliers Of Market Fixing

    Four pharmaceutical companies broke U.K. competition law when they agreed to fix the quantities and prices of the supply of an antidepressant drug, which caused the National Health Service's spending on the tablets to peak to £38 million ($47.7 million), Britain's antitrust regulator said Tuesday.

  • June 18, 2019

    Romania Can Pay $250M Arbitral Award, EU Court Says

    A European court on Tuesday annulled the European Commission's ruling barring Romania from paying a $250 million arbitral award to two Swedish food industry investors, concluding the award could not be considered illegal state aid since Romania hadn't yet acceded to the EU at the relevant time.

  • June 17, 2019

    DOJ Settles Antitrust Suits With CBS, Fox Over Info Sharing

    The U.S. Department of Justice reached settlements with CBS Corp., Cox Enterprises Inc., The E.W. Scripps Co., Fox Corp. and TEGNA Inc. to end claims by its Antitrust Division in D.C. federal court that the companies shared pacing information, the agency announced Monday.

  • June 17, 2019

    UK Probes Competition In Scottish Legal Industry

    The U.K.'s competition enforcer said Monday that it is studying the legal services industry in Scotland to determine if enough competition exists among providers after a report recommended setting up a single independent body to regulate the legal profession there.

  • June 17, 2019

    German Car Cos. Ditch Buyers' Antitrust Conspiracy Claims

    A California federal judge on Monday dumped multidistrict litigation alleging German auto giants ran a decadeslong "whole car" conspiracy, saying the consumers' vague claims aren't enough to show any U.S. antitrust law violations, while still giving them another shot to amend their claims.

  • June 17, 2019

    Jimmy John's Challenges Legal Standard In No-Poach Case

    Jimmy John's asked an Illinois federal judge Friday to let it challenge her reasons for forcing it to face antitrust allegations over no-poach provisions in its franchise agreements, saying the appeal could significantly advance its case and several similar ones nationwide.

  • June 17, 2019

    Capacitor Makers Seek Win On Direct Buyers' Price Claims

    More than a dozen overseas capacitor manufacturers are looking to toss direct buyers’ claims that the companies plotted for years to boost the price of the electrical part, arguing the estimated 1,800-member purchaser class can’t prove the alleged conspiracy affected each buyer the same way.

  • June 17, 2019

    Recycling Co. Asks 9th Circ. To Make Reno Face Antitrust Suit

    A Nevada recycling company has asked the Ninth Circuit to overturn a ruling by a federal judge that dismissed its lawsuit against rivals and the city of Reno for allegedly monopolizing the market for recyclable materials.

  • June 17, 2019

    Canada Watchdog Challenges PE Firm's Software Maker Buy

    Canada’s competition enforcer said Monday it is challenging private equity firm Thoma Bravo’s recent acquisition of oil and gas software provider Aucerna over concerns about its ownership of a competing company.

Expert Analysis

  • 5 Ways Law Firms Can Improve Their Job Interviews

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    When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

  • A Rare Antitrust Deferred Prosecution Agreement From DOJ

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    The significant question raised by Heritage Pharmaceuticals' deferred prosecution agreement — the U.S. Department of Justice Antitrust Division's first DPA with a company other than a bank — is whether it signals a broader openness to such agreements by the division, say Peter Huston and Alex Bourelly at Baker Botts.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • Opinion

    The Misguided Criticism Of Printing Industry Merger

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    Quad/Graphics' proposed acquisition of LSC Communications is an example of printers taking action to stay alive and compete in today's media industry, and antitrust concerns appear to be both misplaced and ironic, says Derek Dahlgren of Rothwell Figg.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Opinion

    Delrahim’s Antitrust Approach To FRAND Still Problematic

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    While a recent speech thankfully walks back some of Assistant Attorney General Makan Delrahim’s more extreme statements about the role of antitrust in policing commitments to license patents on fair, reasonable and nondiscriminatory terms, it still fails to appreciate the positive role that competition law can play in ensuring compliance, says Thomas Cotter of the University of Minnesota Law School.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • What To Expect From An Appeal Of FTC V. Qualcomm

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    Any appeal of a California federal judge's ruling in Federal Trade Commission v. Qualcomm will likely raise a number of interesting legal issues at the intersection of antitrust and fair licensing of standard-essential patents, say attorneys at Ropes & Gray.

  • Despite Amarin, ITC May Be Right Prescription For Pharma

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    While the Federal Circuit recently concluded that Amarin Pharma’s Lanham Act claims at the U.S. International Trade Commission were precluded by the Federal Food, Drug and Cosmetic Act, this is a narrow exception to the ITC's broad jurisdiction, say Kecia Reynolds and Alton Hare of Pillsbury.

  • Cooperating With Competitors In The Wake Of Qualcomm

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    It is well-understood that joint business ventures between rivals can bring antitrust risk. But a California federal judge's recent Qualcomm decision underscores the importance of examining the opposite angle — whether refusing to do deals with rivals will trigger antitrust liability, say Amy Gallegos and Julia Kim Hirata at Jenner & Block.

  • The Uncertain Future Of Gov't Investigations Post-Deutsche

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    A New York federal judge's recent decision in the Deutsche Bank Libor-rigging case U.S. v. Connolly threatens to upend decades of established cooperation practice in government investigations, a fact to which the opinion makes only a passing reference, say attorneys at Arnold & Porter.

  • Class Action Insights From Justices' App Store Opinion

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    The U.S. Supreme Court's recent decision in Apple v. Pepper exponentially increases the settlement value of antitrust class actions brought by buyers of products on software platforms, and offers an early glimpse into the antitrust approach of Justice Brett Kavanaugh, say Leiv Blad and Rachel Maimin at Lowenstein Sandler.

  • The Role Of Risk Aversion In Reverse-Payment Agreements

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    Contrary to the proposition that brand-name companies’ risk aversion is the chief reason for reverse payments, economic research shows that it is the risk aversion of the generic company that can facilitate partial settlement agreements with reverse payments, says Wenqing Li of Epsilon Economics.