Competition

  • April 03, 2020

    Judge OKs $4.7M Atty Award, Citing Opponent's Legal Bill

    A California federal judge on Friday reduced a $50.4 million antitrust judgment against a Chinese telescope maker by $3.1 million, but awarded the rival plaintiff's counsel $4.7 million in fees and costs, pointing to the fact that Sheppard Mullin's defense bill was roughly twice the amount.

  • April 03, 2020

    New Trial For Ericsson After Fed. Circ. 'Unravels' FRAND Rate

    Ericsson and Chinese smartphone maker TCL will sort out their dispute over licensing rates for TCL's standard-essential wireless patents at trial, after a California federal judge said the Federal Circuit’s remand of the case “unraveled” his entire judgment.

  • April 03, 2020

    States’ Suit Touted For Bellwether In Generics Price-Fix Case

    Buyers accusing generic-drug makers of price-fixing urged a Pennsylvania federal judge Thursday to accept a special master’s recommendation and pick a lawsuit by states as their bellwether conspiracy case, pushing back against Teva Pharmaceuticals' objection to the special master's choice.

  • April 03, 2020

    Justices Asked To Clarify Gateway Arbitration Question

    The U.S. Supreme Court should revisit a multimillion-dollar contract dispute between dental equipment company Henry Schein Inc. and competitor Archer & White Sales Inc. in order to take up a key gateway question of arbitration law that has sown confusion for contracting parties, a leading arbitration scholar at Columbia Law School said.

  • April 03, 2020

    McKesson Again Wants Out Of Antitrust-Linked Derivative Suit

    McKesson Corp. has sought another dismissal of a shareholder derivative action accusing the company of concealing its involvement in alleged pharmaceutical industry price-fixing, telling a California federal judge that the latest complaint didn't properly address the issues in the old one.

  • April 03, 2020

    Trucking Firms Blast Lead Counsel Bid In No-Poach Action

    Trucking companies battling drivers' no-poach allegations have panned a lead counsel bid by the four firms representing the former employees, arguing the firms are just angling to win the top spot if the suit is combined with a related dispute.

  • April 03, 2020

    Social Media Giants Must Face Free Speech Suit, DC Circ. Told

    The D.C. Circuit must give new life to a $1.5 billion suit accusing Google, Facebook, Twitter and Apple of illegally suppressing conservative voices in light of high court precedent that recognizes social media access as a First Amendment issue, the court was told this week.

  • April 03, 2020

    Novartis And Aurobindo Scrap $900M Deal Amid FTC Probe

    Swiss pharmaceutical giant Novartis AG has called off a planned $900 million deal to sell a portion of its U.S. Sandoz portfolio to Aurobindo Pharma USA after the companies were unable to win clearance from the Federal Trade Commission in time.

  • April 03, 2020

    Lenders Sue Fair Isaac After Feds Open Antitrust Probe

    Lenders have slapped credit score developer Fair Isaac Corp. with a proposed antitrust class action in Illinois federal court, on the heels of a probe by federal competition enforcers examining whether the company engages in monopoly tactics.

  • April 03, 2020

    Construction Giant Hits Truck Makers With Cartel Suit

    Construction giant Balfour Beatty has sued some of the world's biggest truck makers in London seeking damages over a cartel that led to €2.93 billion ($3.23 billion) in price-fixing fines from the European Commission.

  • April 03, 2020

    Covington Adds Bryan Cave Partner To London Antitrust Team

    Covington & Burling LLP has snagged a partner from Bryan Cave Leighton Paisner LLP who brings with him experience working at the U.K.’s antitrust authority to join its competition group in London.

  • April 03, 2020

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

    The past week in London has seen Hilton lodge competition claims against Visa and Mastercard, a hedge fund slap a family-run investment company with a trademark case, and two oil explorers working in Africa square off in court. Here, Law360 looks at those and other new claims in the U.K.

  • April 02, 2020

    Ranch Profits Dip Despite COVID-19 Market Surge, Sen. Says

    Iowa Sen. Chuck Grassley wants the U.S. Department of Agriculture to investigate why cattle prices are down even though Americans are buying more meat amid the coronavirus pandemic, saying ranchers aren't getting a fair shake.

  • April 02, 2020

    2nd Circ. Refuses To End Ex-SocGen Exec's Fugitive Appeal

    The Second Circuit on Wednesday denied prosecutors' bid to dismiss an appeal from a former Societe Generale SA executive accused of rigging the Paris bank's submissions to the London Interbank Offered Rate, finding that it has jurisdiction to decide whether or not she is a fugitive.

  • April 02, 2020

    Minn. AG's Insulin Pricing Suit Survives, Minus RICO Claims

    Sanofi-Aventis, Novo Nordisk and Eli Lilly can’t toss all claims in the Minnesota attorney general’s antitrust lawsuit against them over soaring insulin pricing, a New Jersey federal judge said.

  • April 02, 2020

    6th Circ. Fight Ramps Up Over $30M Blue Cross Antitrust Deal

    Insurers objecting to Blue Cross Blue Shield of Michigan's $30 million settlement to resolve insurance price-fixing claims have doubled down in their Sixth Circuit bid to void the already-approved deal, slamming the district court for not properly scrutinizing the renewed agreement previously struck down by the appeals court.

  • April 02, 2020

    Arch, Peabody Get Some Access To Rivals' Info For FTC Fight

    Several in-house lawyers for Peabody Energy Corp. and Arch Coal Inc. can't get their hands on most of their competitors' confidential materials to help stave off a Federal Trade Commission merger challenge, a Missouri federal judge has ruled.

  • April 02, 2020

    Judge In Cyber Standards Org Suit Struggles With Timing

    A California federal judge weighing a cybersecurity standards group’s bid for attorney fees against a quality testing company that ultimately dropped an antitrust suit against it questioned on Thursday whether California precedent required her to dismiss the fee bid or whether Ninth Circuit rules require letting the case proceed.

  • April 02, 2020

    HP Can Enforce $438M Price-Fix Win Despite Pending Appeal

    A Texas federal court is allowing HP to enforce a $438.7 million judgment against Quanta Storage in an optical disk drive price-fixing case, despite a pending appeal and contentions from Quanta that it's been unable to post bond partly due to complications from the COVID-19 pandemic.

  • April 02, 2020

    'Pharma Bro' Shkreli Aims Another Blow At Kidney Drug Suit

    Incarcerated “pharma bro” Martin Shkreli and his former company Retrophin Inc. are trying once again to convince a Pennsylvania federal judge to let them out of a suit alleging they tried to keep a generic competitor to their kidney drug Thiola out of the market.

  • April 02, 2020

    DOJ Suggests Texas Power Grid Law Is Unconstitutional

    The U.S. Department of Justice's antitrust arm has thrown its weight behind NextEra Energy's constitutional challenge to a Texas law affecting the construction of the state's electric grid, telling the Fifth Circuit that the statute discriminates against out-of-state companies.

  • April 01, 2020

    Insurance Groups Tell Justices PBM Law Would Upend ERISA

    A health insurance trade organization told the U.S. Supreme Court in an amicus brief Tuesday that an Arkansas law requiring pharmacy benefit managers to reimburse pharmacies equally is preempted by federal law, saying states' interference with uniform national standards threatens the very existence of employer benefit plans.

  • April 01, 2020

    FTC Sues Altria And Juul, Says $12.8B Deal Hurt Competition

    Altria Group Inc.'s $12.8 billion purchase of a stake in private equity-backed e-cigarette startup Juul Labs Inc. eliminated competition and violated antitrust laws, the Federal Trade Commission said Wednesday in announcing that it filed an administrative complaint against the companies.

  • April 01, 2020

    FTC, Axon Spar Over Jurisdiction In Federal Court

    Police body camera maker Axon Enterprises sparred with the Federal Trade Commission on Wednesday during a hearing held over the phone before an Arizona federal judge over whether the court can hear Axon’s constitutional challenge of the agency’s structure and merger review process.

  • April 01, 2020

    Latham Snags Williams & Connolly Litigator In DC

    Latham & Watkins has hired a Williams & Connolly litigation partner with subspecialties in trade secrets, copyright and finance for its Washington, D.C., office.

Expert Analysis

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Are Pandemic Sellers Actually Violating Price-Gouging Laws?

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    As unscrupulous sellers try to take advantage of Americans by selling products at unconscionable prices during the coronavirus pandemic, economists at Edgeworth Economics​​​​​​​ empirically test whether the prices being charged for goods and services rise to the level of price-gouging as defined by various state laws.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Responding To DOJ's Increasing Int'l Antitrust Extraditions

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    The U.S. Department of Justice's recent extradition of a Korean auto parts executive — the third extradition based solely on an antitrust charge — reveals the difficult choices individuals face in deciding whether to defend themselves in a foreign land, but defendants in these cases have other options, say attorneys at BakerHostetler.

  • Mitigating Antitrust Risks With DOJ-FTC Pandemic Guidance

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    To comply with recent guidance from the U.S. Department of Justice and Federal Trade Commission, companies collaborating with competitors in response to the COVID-19 crisis — particularly high-risk collaborations or exchanges of competitively sensitive information — must demonstrate a legitimate business justification and employ appropriate anti-competition safeguards, say attorneys at K&L Gates.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • Antitrust Rules Still Apply During COVID-19

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    Sellers of scarce and in-demand products might try to leverage the COVID-19 crisis to their advantage, and anti-competitive behavior across industries will not always be obvious, say Lauren Weinstein and Jennifer Fischell at MoloLamken.

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • Israel's Generic COVID-19 Drug Licensing Lacks Due Process

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    The Israel attorney general's special compulsory license for imported generic versions of Abbvie's patented antiviral drug Kaletra to treat COVID-19 does not provide a right of response, a hearing or direct judicial review, says Ephraim Heiliczer at Pearl Cohen.

  • Coronavirus Creates A Strange New World For State AGs

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    The coronavirus crisis is changing the policy and political focus of state attorneys general, as consumer protection actions are rapidly remade, AGs grapple with experimental law, and the Affordable Care Act and internet monopolies get a respite, says Shum Preston, who was senior adviser to former California Attorney General Kamala Harris.

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