Competition

  • October 11, 2019

    Teva, Mylan, Other Generic Makers Hit With Price-Fixing Suit

    UnitedHealthcare on Friday accused Teva, Mylan and more than a dozen other generic-drug makers of an egregious price-fixing scheme, claiming executives divvied up market share over fine Scotch and inflated the prices of more than 100 drugs, costing patients and insurers billions.

  • October 11, 2019

    Feds Call Ex-Deutsche Traders 'Emblematic' Of Banking Ills

    Federal prosecutors say two former Deutsche Bank traders’ deserve substantial prison time for Libor rigging as a crime “emblematic” of big banks’ bad behavior, while the traders argue that they had already suffered enough as two of the few to be prosecuted over the international scandal.

  • October 11, 2019

    Lyft Sues NYC Regulators To Annul Limits On 'Cruise' Time

    Lyft Inc. sued the New York City Taxi and Limousine Commission in state court Friday over its new rule that caps the amount of time drivers can "cruise" Manhattan without passengers, arguing that the rule is arbitrary and capricious, against the interest of underserved communities and in violation of antitrust laws.

  • October 11, 2019

    Akin Gump's Local Focus Helped Land Bull Semen IP Win

    To convince a jury in the heart of dairy country to enforce patents on technology used to breed milk cows, Akin Gump attorneys used custom 3D graphics, testimony from inventors and an appeal to the sensibilities of their Midwestern jury to secure a verdict of $8.5 million plus ongoing royalties.

  • October 11, 2019

    Generics, Others Back Impax Against FTC In 5th Circ.

    A trade group for the generic pharmaceutical industry, along with others, threw support Thursday behind Impax Laboratories LLC's Fifth Circuit appeal seeking a reversal of a Federal Trade Commission decision in a generic delay case, arguing the agency got its analysis all wrong.

  • October 11, 2019

    Hyatt Brings Deceptive Ad Claims To TravelPass Antitrust Suit

    Hyatt Corp. shot back Friday at the booking company that brought an antitrust suit that accuses it of conspiring with other hotel chains not to compete for web search terms, telling a Texas federal court that TravelPass' business “depends on deceiving customers.”

  • October 11, 2019

    After Mississippi Exit, AGs' T-Mobile Suit May Dwindle

    The coalition of 18 state attorneys general suing to block the Sprint-T-Mobile merger showed signs of splintering when Mississippi departed the lawsuit, raising the possibility that other rural states will also strike deals securing additional mobile coverage commitments and cementing their support for the merger.

  • October 11, 2019

    DC Circ. Presses SEC To Justify Exchange Fee Program

    The D.C. Circuit on Friday seemed skeptical that the U.S. Securities and Exchange Commission had identified an existing problem warranting a two-year pilot program that could cap the fees major exchanges receive.

  • October 11, 2019

    FTC Competition Bureau Head Leaving Next Month

    The Federal Trade Commission announced Friday that Bureau of Competition Director Bruce Hoffman will be leaving the agency in November and will be replaced by his deputy, Ian R. Conner.

  • October 11, 2019

    Restasis Payors Defend Class Cert. Bid In Allergan Suit

    A group of Restasis buyers on Friday defended class certification in their New York federal suit accusing Allergan of boosting profits by delaying a cheaper generic version of the dry-eye medication, saying they share numerous, common antitrust injuries.

  • October 11, 2019

    UK Watchdog Opens Probe Into Stonegate's £1.3B Pub Tie-Up

    The United Kingdom’s antitrust authority said Friday that it will investigate whether Stonegate Pub Company’s £1.27 billion ($1.42 billion) buy of rival pub operator Ei Group will hurt competition in Britain.

  • October 11, 2019

    Caterpillar Can't Ditch Antitrust Claims Even As Suit Slashed

    Caterpillar Inc. and Komatsu America Corp. have failed to escape antitrust claims accusing them of trying to strong-arm a competitor out of the construction equipment business, despite a Delaware federal judge slicing the long-running suit to the bare bones.

  • October 11, 2019

    Tullett Prebon To Pay £15.4M To Settle FCA Trading Probe

    Interdealer broker Tullett Prebon has agreed to pay a £15.4 million ($19.3 million) fine to settle charges that the interdealer broker had lax controls over its traders and failed to be open and cooperative with a regulatory investigation, the Financial Conduct Authority said Friday.

  • October 10, 2019

    Towns Cut From Challenge To Maine's Cable Unbundling Law

    Fifteen Maine towns slipped out of a suit Thursday brought by Disney, Fox and other big broadcasters challenging a new law that would allow customers to buy channels individually without being locked in to a specific cable package.

  • October 10, 2019

    Dental Startup Settles With Last Distributor In Boycott Suit

    Online supplier SourceOne Dental Inc. has reached a settlement with Benco Dental Supply Co., the last company remaining in SourceOne's lawsuit accusing "the big three" dental suppliers of orchestrating a boycott of the upstart rival.

  • October 10, 2019

    Did Citi Dupe DOJ In Forex Investigation?

    A former Citigroup trader acquitted on charges of manipulating foreign exchange markets has accused the bank of fabricating a case for federal prosecutors in order to shield itself from liability, raising eyebrows in the antitrust bar since the government usually goes to great lengths to ensure it’s not being duped.

  • October 10, 2019

    9th Circ. Rejects Latest NFL Bid To Derail 'Sunday Ticket' Suit

    DirecTV subscribers scored a win Thursday when the Ninth Circuit denied the NFL’s bid for a rehearing en banc on the court’s decision to revive an antitrust fight over the pay-TV service's "NFL Sunday Ticket."

  • October 10, 2019

    Hold Off On Sprint/T-Mobile Deal, States Urge DC Judge

    More than a dozen states challenging T-Mobile’s planned $56 billion Sprint merger are urging a D.C. federal judge to wait until their suit is resolved before deciding on approval of a U.S. Department of Justice settlement with the mobile giants to avoid interfering in the states’ case.

  • October 10, 2019

    H&R Tells 8th Circ. No Poach Bid Belongs In Arbitration

    The Eighth Circuit should force an H&R Block seasonal employee to take her grievance against the company to arbitration because she has not denied agreeing to do so as part of her employment application, the company wrote Wednesday in a court filing seeking to stop a potential class action over its "no-poach" contracts.

  • October 10, 2019

    DOJ, Realtors At Odds Over Earlier Deal In Antitrust Case

    An Illinois federal judge overseeing a case alleging the National Association of Realtors violated antitrust laws ruled Thursday that the U.S. Department of Justice can respond to what it says is the NAR's "incorrect portrayal" of a 2008 consent decree between the government and the association.

  • October 10, 2019

    Dish Won't Save T-Mobile-Sprint Deal, Economists Tell DOJ

    A group of economists Thursday accused the U.S. Department of Justice's Antitrust Division of shirking its principles by clearing T-Mobile's purchase of Sprint conditioned on a divestiture to Dish they say has little chance of preserving competition.

  • October 10, 2019

    Jury Confusion Sinks Ericsson FRAND Win, 5th Circ. Told

    Electronics maker HTC Corp. pressed the Fifth Circuit this week to overturn a jury verdict that found Ericsson’s cellular patent rates are fair and reasonable, arguing the lower court’s failure to offer clear guidelines on several fundamental elements of the case led the jury astray. 

  • October 10, 2019

    DOJ Pans Ex-Bumble Bee CEO's Bid To Nix Witness' New Info

    Federal prosecutors rebuked a former Bumble Bee Foods CEO’s bid to exclude an alleged co-conspirator's statements from an upcoming criminal price-fixing trial, telling a California federal judge that a witness remembering more information is an "everyday occurrence" that the ex-executive has turned into "another baseless attack on the government."

  • October 10, 2019

    Greek Plan To Reduce Bad Loans Gets EU Green Light

    The European Commission on Thursday approved a plan to reduce bad loans at Greece’s banks, saying it did not violate rules on providing unfair financial assistance.

  • October 09, 2019

    Conn. Fits Teva Stock-Drop Suit Better Than Pa., Judge Says

    A proposed investor class action against Teva Pharmaceuticals will be moved from Pennsylvania to Connecticut, where it will join other investor suits over the drugmaker's alleged price-fixing after a Philadelphia federal judge said the suit was not sufficiently tied to antitrust multidistrict litigation in his district.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • PayPal Case Illustrates Difficulty Of Avoiding CMA Penalties

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    The U.K. Competition and Markets Authority's recent fine against PayPal for violating U.K. merger control rules — despite the company's attempts to put safeguards in place — demonstrates how rigid the CMA can be when it comes to initial enforcement orders, say attorneys at Fried Frank.

  • Chinese Acquisitions Even More Uncertain In New CFIUS Era

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    While hostility toward Chinese-led investment in U.S. companies is not new, the proposal expanding the Committee on Foreign Investment in the United States' authority to scrutinize such deals casts further doubt over how many inbound Chinese investments in the U.S. will actually close, says Jing Zhao at Saul Ewing.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 3 Policy Developments To Watch As US-China Divide Grows

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    While trade negotiations between the U.S. and China resume Thursday, it is difficult to imagine a trade agreement in the near term that could blunt the momentum of larger strategic forces pushing the two countries apart, say attorneys at Kirkland.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Competing Refusal-To-Deal Tests At 7th, 9th Circs.

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    The Viamedia and Qualcomm antitrust cases in the Seventh and Ninth Circuits, in which the U.S. Department of Justice has taken positions regarding when a refusal to deal could be unlawful, may lead the U.S. Supreme Court to clarify the appropriate standard for refusal to deal claims, says Ryan Sandrock of Sidley.

  • Failure To Launch: The Patent Thicket Delay Of US Biosimilars

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    Almost 10 years after enactment of the Biologics Price Competition and Innovation Act, AbbVie’s assertion of 18 patents against three Humira biosimilars shows that patent thickets remain an obstacle to launching follow-on biologics and help explain why U.S. launches lag behind those in Europe, say attorneys at Axinn.

  • Digital Platforms Must Heed Japanese Antitrust Law Updates

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    The Japanese government has expedited discussions for new regulations and enforcement regarding digital platforms, bringing new possible risks and protections for U.S. platforms with users in Japan, says Takashi Komoguchi of Oh-Ebashi.

  • AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

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    The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

  • Merger Review Takeaways From New Hart-Scott-Rodino Data

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    The recently released Hart-Scott-Rodino annual report confirms that the issuance of a second request has a high correlation with the federal agencies' challenging a proposed transaction or the parties abandoning a transaction. Attorneys at Norton Rose analyze current as well as historical data and share strategies for parties to prepare for antitrust review.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • Opinion

    Answer To Iancu's SEP Policy Call Is In Plain Sight

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    The balanced and structured policy for patent licensing negotiations in standards organizations that U.S. Patent and Trademark Office Director Andrei Iancu recently called for is already satisfied by the 2013 joint statement on standard essential patent remedies by the USPTO and U.S. Department of Justice, says Michael Carrier of Rutgers Law School.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Huawei Case Might Mean UK Forum Sets Global FRAND Rates

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    The U.K. Supreme Court’s eventual opinion in Unwired Planet v. Huawei will decide whether English courts are a proper forum for determining global fair license terms for standard-essential patents, and there are several reasons to question the English courts' creation of this approach, says Thomas Cotter of the University of Minnesota Law School.