Competition

  • January 21, 2020

    Judge Questions Fees, Costs For Class Attys In Highmark Suit

    A Pennsylvania federal judge was "troubled" that attorneys could claim almost $6 million of a $7.5 million settlement between Highmark Inc. and the health insurer's customers, asking the plaintiffs' team Tuesday for a brief justifying their costs and fees before granting preliminary approval to the settlement and notifying class members.

  • January 21, 2020

    Drug Buyers Say Ranbaxy Can’t Have '11th Bite' At Dismissal

    Drug buyers urged a Massachusetts federal judge Friday not to let Ranbaxy seek First Circuit relief from multidistrict litigation accusing the company of gaming the generic drug approval system to gain an unfair competitive edge, arguing it’s tried and failed repeatedly with the same contentions.

  • January 21, 2020

    3 Texas Hospital Systems Settle Nurses' Antitrust Claims

    Baptist Health Systems, Methodist Healthcare System and Christus Santa Rosa Health Care Corp. have settled claims they colluded to suppress salaries for registered nurses, ending more than a decade of litigation.

  • January 21, 2020

    Medical Device Co. Accused Of Upending $2B VA Contract

    A U.S. Department of Veterans Affairs contractor accused a medical device manufacturer of illegally disrupting its $2.1 billion medical supply contract, calling its conduct “unconscionable.”

  • January 21, 2020

    Judge Sinks Chicken Of The Sea, Food Preparers' $6M Deal

    A California federal judge has refused to sign off on a proposed $6.5 million settlement between food preparers and Chicken of the Sea over alleged price-fixing of canned tuna, saying it's not clear the deal is in the best interest of the proposed class.

  • January 20, 2020

    Visa, Mastercard Interchange Fee Battles Land At Top Court

    Competition was not restricted by the way that Visa and Mastercard set interchange fees in Britain, a lawyer for one of the credit card giants told the Supreme Court on Monday in a long awaited appeal.

  • January 17, 2020

    High Court ERISA Case Has States, Pharmacies On Edge

    If the U.S. Supreme Court doesn’t side with the state of Arkansas and rule against pharmacy benefit managers in the newest ERISA case on its docket, states’ ability to regulate drug prices could suffer a body blow and many local pharmacies could go out of business, state lawmakers, officials and pharmacist groups warn.

  • January 17, 2020

    Surescripts Can't Sink FTC's Monopoly Case

    A D.C. federal court ruled Friday that Surescripts LLC can’t kill a case brought by the Federal Trade Commission, which accused the company of using contract terms and other tactics to illegally maintain its monopoly over electronic prescription services.

  • January 17, 2020

    Freight Rail Co. Says Partners Group Stole Biz Secrets

    Under the pretense of investing in MidRail LLC, Partners Group Inc. stole confidential business information from the freight rail company, according to a lawsuit filed Friday in New York state court accusing Partners Group of costing MidRail tens of millions of dollars.

  • January 17, 2020

    Uber's Bid To End Monopoly Suit Faces Skeptical Judge

    A California federal magistrate judge expressed reservations Friday about dismissing claims that Uber's monopolistic tactics drove a ride-hailing rival out of business, saying he's disinclined to "cut them off at the pass" even though the defunct company faces big hurdles proving Uber's monopoly power.

  • January 17, 2020

    Radio Group Pushes Split Market View In Music Rights Row

    A U.S. magistrate judge was wrong to dismiss discovery claims from a radio station buyers coalition that sought a performance rights group's sales information because she based her ruling on an improper definition of the market, the buyers group told a California federal judge.

  • January 17, 2020

    UK’s £106M Flybe Tax Break Could Be Illegal, Watchdog Says

    The U.K. government’s decision to bail out budget airline Flybe drew criticism Friday from a watchdog group, which questioned the deal’s legality, including deferral of a £106 million ($138 million) tax bill stemming from per-passenger duties.

  • January 17, 2020

    Travelers Needn't Defend KLA-Tencor In Patent Antitrust Row

    A California appeals court has ruled that Travelers doesn’t have to cover KLA-Tencor Corp.’s costs to successfully defend against a lawsuit alleging it sought to damage a rival’s business by fraudulently obtaining a patent for advanced semiconductor measurement systems.

  • January 17, 2020

    FTC Dings Hydrogen Peroxide Co.'s Canadian Divestiture Deal

    The Federal Trade Commission told a D.C. federal court Friday that an apparent divestiture agreement between Canada's competition enforcer and a hydrogen peroxide producer does not fix the problems raised by the United States' challenge of the company's $625 million merger.

  • January 17, 2020

    GE Settles Hospitals’ Anesthesia Machine Monopoly Suit

    General Electric can put another anesthesia machine servicing monopolization case behind it after cutting a confidential deal with a pair of health care providers in Massachusetts federal court.

  • January 17, 2020

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

    The past week in London has seen a tech company sue an online football stock exchange, a number of seafood distributors and their insurers sue cargo company Maersk, and several hotels add to Visa and MasterCard's swipe-fee class action woes. Here, Law360 looks at these claims and more. 

  • January 16, 2020

    App Cos. Sue Facebook Over 'Brazen' Anti-Competitive Plot

    A handful of tech companies launched a proposed class action against Facebook on Thursday in California federal court, alleging the social media giant intentionally set out to destroy app developers it deemed as potential rivals in "the most brazen, willful anti-competitive scheme in a generation."

  • January 16, 2020

    Turkey And Chicken Price Suits Can't Flock Together, Cos. Say

    Perdue, Cargill and other turkey producers have said there's no reason antitrust allegations against them must be heard by the same judge overseeing a similar sprawling case over chicken prices.

  • January 16, 2020

    DOJ Clears Optometry Org To Expand Purchasing Power

    The U.S. Department of Justice's Antitrust Division signed off Wednesday on the American Optometric Association's plans to expand its group purchasing abilities to include lenses and other optometric products, saying that adequate safeguards have been put in place against anti-competitive harm.

  • January 16, 2020

    Gilead Hit With Another Antitrust Suit Over HIV Drugs

    Gilead Sciences Inc., already facing political pressure and lawsuits over alleged anti-competitive behavior, was hit Wednesday with a proposed class action accusing the pharmaceutical giant of conspiring with other drugmakers to block the use of generics in HIV treatment regimens.

  • January 16, 2020

    Tata Urges 7th Circ. To Toss $420M Trade Secrets Verdict

    Units of Indian superconglomerate Tata Group told the Seventh Circuit that they shouldn't have to pay more than $400 million in damages to Wisconsin-based Epic Systems Corp. for ripping off its health care software, saying Epic hadn't shown evidence of any compensable injury at trial.

  • January 16, 2020

    Qualcomm Seeks To Kill Investor Action Over FTC Case

    Qualcomm Inc. is once again gunning to shut down a stock-drop suit lodged in the wake of a U.S. antitrust enforcement action over its licensing strategy, arguing that newly assembled public documents prove the chipmaker disclosed its practices and their potential to expose the company to legal trouble.

  • January 16, 2020

    UK Moves To Disqualify Execs Over Construction Price-Fixing

    Britain’s antitrust watchdog said Thursday that it has started proceedings to disqualify two executives of a construction company that broke competition law by fixing its prices with two other businesses.

  • January 16, 2020

    BA Owner Accuses Flybe Of Breaching EU State Aid Rules

    The parent company of British Airways said Thursday it has complained to the European Union about a government deal to rescue troubled regional carrier Flybe, claiming it breaches state aid rules.

  • January 15, 2020

    ResMed Settles FCA Suits Over Referral Fraud For $39.5M

    A California-based medical equipment manufacturer will pay $39.5 million to resolve five False Claims Act lawsuits claiming it paid suppliers, sleep labs and health providers illegal kickbacks to sell more of its products for sleep disorders, the U.S. Department of Justice announced Wednesday.

Expert Analysis

  • ITC Decision Shows Importance Of Public Interest For Biotech

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    In its recent Certain Microfluidic Devices decision, the U.S. International Trade Commission allowed patent-infringing products necessary for ongoing research to be imported, highlighting the importance the so-called public interest factors can play in ITC investigations in the biotech context, say Matt Rizzolo and Rachael Bacha of Ropes & Gray.

  • Key Trends In Energy Antitrust Enforcement And Litigation

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    Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Where The Fight Over FTC's Enforcement Authority Stands

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    A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

  • Drug Pricing: What Happened In 2019, What To Watch In 2020

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    Last year saw a dizzying array of drug pricing actions and proposals from the White House, Congress and state governments, and this year the drug industry may face even greater pressure from groundbreaking changes to federal policy, among other developments, say Tom Bulleit and Scott Falin of Ropes & Gray.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • The Biggest Changes In China's Draft Anti-Monopoly Law

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    China's State Administration for Market Regulation recently published for public comment a draft for the revised Anti-Monopoly Law, which, if adopted, brings with it procedural and substantive changes that will likely have a significant impact on companies operating or investing in China, say Wei Huang and Fan Zhu of Tian Yuan.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

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    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.