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Competition

  • February 15, 2019

    Kaepernick, Reid Settle NFL Collusion Grievances

    Colin Kaepernick and Eric Reid have settled labor grievances alleging the NFL and its teams colluded to shut them out due to their protests during the national anthem, according to a joint statement Friday, giving the league an opening to distance itself from the controversy without a potentially damaging ruling on the collusion claims.

  • February 15, 2019

    FTC Wants More Info On Boston Scientific's £3.3B BTG Buy

    Boston Scientific Corp. revealed Friday that the Federal Trade Commission has asked for more info about its planned £3.3 billion ($4.2 billion) purchase of U.K.-based BTG PLC, saying the government is focused on certain types of tumor treatments sold by both companies.

  • February 15, 2019

    FTC’s Wilson Sees Pluses Of 'Total Welfare' Antitrust Standard

    Federal Trade Commission Republican Christine S. Wilson defended the current legal standard by which antitrust enforcers and courts judge mergers and anti-competitive conduct, but argued in a speech Friday that critics who want a new approach haven't given one alternative the attention it deserves.

  • February 15, 2019

    US, UAE Firms Net EU Approval To Reel In Greek Fish Farms

    Manhattan-based Amerra Capital Management and an Abu Dhabi-based investment firm won European Commission approval to take control of three Greek aquaculture companies on Friday, provided they offload some of the Mediterranean fish farms and small fish hatcheries.

  • February 15, 2019

    LabCorp Escapes Claims It Conspired To Block Smaller Lab

    A Delaware federal judge has dismissed a $50 million suit alleging LabCorp conspired with a Medicaid service management organization to impede a smaller laboratory services company from offering services in the state market, ruling the lab's antitrust claims lack standing and a relevant market.

  • February 15, 2019

    Fla. Judge Tosses Music Fest's 'Baseless' Suit Against Rival

    A Florida federal judge called Rapture Electronic Music Festival’s antitrust claims against rival Ultra Enterprises Inc. “baseless” and dismissed its suit accusing Ultra and the city of Miami of conspiring to push Rapture out of a venue.

  • February 15, 2019

    Lamictal Case Won't Be Paused For Class Cert. Appeal

    A New Jersey federal judge on Friday refused to pause a case accusing GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. of delaying the entry of generic alternatives to epilepsy drug Lamictal while the drugmakers try to appeal a class certification ruling to the Third Circuit.

  • February 15, 2019

    Insulin Giants Beat RICO Claims Brought By Patients

    A proposed class of diabetes patients who say three major insulin manufacturers caused them to overpay for the medication can’t pursue Racketeer Influenced and Corrupt Organizations Act claims against the drugmakers, a New Jersey federal judge said Friday, because the consumers didn’t buy the drugs directly from the companies.

  • February 15, 2019

    Water Tank Maker Can't Escape Cartel Fine In UK Appeal

    An English appeals court on Friday upheld the Competition and Markets Authority’s £130,000 ($167,000) fine against a steel water tank manufacturer for illegally exchanging price information, saying it could find no basis for criticizing the penalty that the CMA had imposed.

  • February 15, 2019

    Norton Rose Fulbright Adds Antitrust Expert To DC Office

    Norton Rose Fulbright has brought into its Washington, D.C., office a veteran attorney with nearly two decades of experience as senior counsel for the Tennessee attorney general's office, as part of the firm's ongoing efforts to build a premier U.S. antitrust and competition practice.

  • February 14, 2019

    BASF Says Rival Trying To 'Strongarm Customers'

    BASF Corp. hit back at a patent infringement lawsuit in Delaware federal court Wednesday with antitrust counterclaims accusing its rival of illegally forcing customers to exclusively buy its automobile emissions capturing product.

  • February 14, 2019

    Flyers Ink $58M Deal With Last Airline In Price-Fixing Suit

    A California federal court has paused a case alleging several airlines conspired to fix the prices of trans-Pacific flights after passengers said they have reached a settlement with the last carrier involved, All Nippon Airways Co., that will resolve their claims for $58 million.

  • February 14, 2019

    College Sports Marketer Settles Bid-Rigging Claims With DOJ

    A newly merged college marketing giant will add new competition controls to its internal policies as part of a deal it struck with the U.S. Department of Justice to end claims that, before the merger, its two now-component companies colluded to saddle colleges with expensive contracts.

  • February 14, 2019

    Walgreens, Kroger Slam J&J's Challenge To Antitrust Claims

    Walgreen Co. and Kroger Co. have fired back at Johnson & Johnson's argument that the retailers don’t have the right to sue the drugmaker for antitrust violations on behalf of drug wholesalers, telling a Pennsylvania court Thursday that appeals courts have repeatedly ruled that they can.

  • February 14, 2019

    9th Circ. Sends CRT Settlement Back To Correct Error

    A California federal judge will reconsider a $576.8 million bundle of antitrust settlements after the Ninth Circuit on Wednesday remanded a certification order and settlement approval for a class of indirect cathode ray tube purchasers.

  • February 14, 2019

    Bumble Bee, Sysco Strike Deal To End Tuna Price-Fixing Suit

    Bumble Bee Foods LLC has reached a deal with Sysco Corp. to end claims that it colluded with other major tuna companies in a widespread conspiracy to keep prices for canned fish high.

  • February 14, 2019

    After Input, DOJ Says CVS-Aetna Merger Fix In Public Interest

    The U.S. Department of Justice responded Wednesday to public comments filed about the deal allowing CVS Health Corp. to proceed with its $69 billion purchase of Aetna Inc., saying it still believes the fix being offered will cure any competitive concerns raised by the merger.

  • February 14, 2019

    UK's CMA Warns A No-Deal Brexit May Limit Its Workload

    The U.K.'s Competition and Markets Authority said Thursday it's ready to take on the big, global cases that will fall in its lap after the country officially quits the European Union, but cautioned that a no-deal Brexit may "heavily constrain" the CMA's ability to tackle discretionary cases.  

  • February 14, 2019

    Austria The Latest To Place Amazon Under Antitrust Scrutiny

    Austria’s competition authority is officially looking into whether Amazon is using its platform to favor its own products and strong arm others out of the way, the watchdog said Thursday.

  • February 14, 2019

    Blue Cross CEO Must Testify At Anthem-Cigna Chancery Trial

    A Delaware vice chancellor ruled Thursday that Blue Cross Blue Shield Association CEO Scott Serota must testify in an upcoming battle over the collapsed $54 billion merger of Cigna Corp. and Anthem Inc., in a decision that also clarified the court’s reach in compelling trial testimony.

Expert Analysis

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • Series

    Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

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    "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

  • The Role Of Data Analytics In Mass Torts

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    Lawyers involved in a mass tort must make difficult decisions concerning the potential size of the claimant pool, the expected percentage of qualifying cases, the likelihood of a settlement and more. Data analytics can help guide mass tort strategies and yield better outcomes, say Deb Zonies and Mark Zabel of litigation support services provider Verus LLC.

  • Opinion

    SEPs Need Injunctions Too

    Many think that injunctions should not be allowed in standard-essential patent cases, but in order to protect the incentive to innovate, all owners of all patents need to be able to exercise their constitutional right to exclude, says Ken Stanwood, chief technology officer at WiLAN Inc.

  • Guest Feature

    'The Mooch' Talks Mayhem, Con Law, Lessons From Harvard

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    Anthony Scaramucci is probably best known for the 11 days he spent as White House director of communications in 2017. But when White and Williams LLP attorney Randy Maniloff sat down to chat with "the Mooch," he was interested in hearing a different story.

  • Opinion

    Competition, Not Confiscation, Is Key To Lower Drug Prices

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    Americans deserve legislation that addresses the costs of prescription drugs, but the compulsory licensing rules proposed by some members of Congress would discourage investment in the discovery of new life-saving drugs, says Sen. Thom Tillis, R-N.C.

  • FTC Decision Highlights Growing Divide On Vertical Mergers

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    A recent Federal Trade Commission enforcement action involving a vertical merger between Staples Inc. and Essendant Inc. highlighted the intensifying debate regarding vertical integration's competitive benefits and harms, as well as starkly divergent views between individual commissioners on merger review, say Daniel Hemli and Jacqueline Java at Bracewell LLP.

  • Why Proper Document Redaction May Be An Ethical Duty

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    Paul Manafort's attorneys recently filed a court document containing incompletely redacted information, highlighting the need for attorneys to become competent at redaction — or at least at verifying that redaction has been performed correctly. Failure to do either could be construed as legal malpractice, says Byeongsook Seo of Snell & Wilmer LLP.

  • Series

    Why I Became A Lawyer: A Refugee's Journey Of Firsts

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    Even as a child in war-torn Iran, I began to develop a sense of justice and a desire for equality and the rule of law. These instincts ultimately guided me to become a federal prosecutor, and now a partner in private practice, says Raymond Aghaian of Kilpatrick Townsend & Stockton LLP.

  • Keeping PR Strategy Communications Privileged: Part 2

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    Determining whether and to what extent your legal team should invite a PR agent into privileged communications requires weighing many factors — including the unsettled and evolving case law on whether such involvement destroys privilege protection and creates discoverable, usable evidence, says Jeffrey Schomig of WilmerHale.