Competition

  • September 24, 2020

    AGs Defend Ky. Over Amazon Seller Price-Gouging Probes

    Over 30 attorneys general urged the Sixth Circuit on Wednesday to unblock Kentucky's investigations into Amazon merchants, arguing state price-gouging rules are a vital consumer protection tool amid the COVID-19 pandemic that do not unconstitutionally interfere with a retailer's right to set prices across state lines.

  • September 24, 2020

    UK Antitrust Watchdog Clears Private Health Care Takeover

    The U.K.'s competition enforcer on Thursday cleared private medical insurer Bupa's planned takeover of an insurance agency after a probe into the deal launched last month failed to uncover any issues.

  • September 24, 2020

    House Bill Would Allow NCAA Sponsorship Pay, Empower FTC

    U.S. Reps. Anthony Gonzalez and Emanuel Cleaver on Thursday introduced bipartisan legislation that would allow college athletes across the country to be paid for sponsorship and endorsements, with some restrictions on marijuana, alcohol and gambling companies and recruiting inducements, and would grant the U.S. Federal Trade Commission authority to regulate such deals.

  • September 24, 2020

    Ex-Cancer Center Prez Indicted In Antitrust Conspiracy

    The U.S. Department of Justice said Thursday that a grand jury has indicted the founder and former president of a southwest Florida oncology group over an alleged conspiracy to split the market for cancer treatments in the area with a competitor.

  • September 24, 2020

    FTC Wrongly Got Docs In Auto Dealer DMS Suit, Court Told

    A technology provider that works with car dealerships has urged an Illinois federal judge to order the return or destruction of confidential materials it says wrongly got into the Federal Trade Commission's hands after serving as third-party testimony in an antitrust suit.

  • September 24, 2020

    Bain-Led Group Inks $2.5B Take-Private Deal With Fiber Co.

    Finnish sustainable fiber-based materials maker Ahlstrom-Munksjo agreed on Thursday to be taken private by a consortium of buyers, including private equity firm Bain Capital and three of the company's existing shareholders, in a deal steered by five firms that values the fiber solutions company's equity at €2.1 billion (about $2.45 billion).

  • September 24, 2020

    6 Firms Build EW Scripps' $2.65B Ion Media Purchase

    The E.W. Scripps Co. on Thursday agreed to buy broadcasting business Ion Media for $2.65 billion, in a deal that features a $600 million equity investment from Berkshire Hathaway and was put together with help from law firms BakerHostetler, Brooks Pierce, Simpson Thacher, Kirkland, Skadden and Cooley.

  • September 24, 2020

    ECJ Pulls Plug On Italian Cable Maker's Cartel Fine Fight

    Europe's top court on Thursday upheld a €104 million ($121 million) fine imposed on one of the world's largest cable makers over a high-voltage power cable cartel, ruling that antitrust authorities were authorized to copy data from the manufacturer's computers.

  • September 23, 2020

    NCAA Wants Clarity On Capping Academic Awards At $5.6K

    The NCAA on Tuesday asked a California federal court to confirm that it may cap academic or graduation awards at $5,600 per year under a ruling that struck down many of the organization's restrictions on education-related benefits for college athletes after an expert for the athletes suggested that ruling allows for more than $15,000 per year.

  • September 23, 2020

    Calif. AG Asks Senate Not To Replace CCPA With National Law

    California's attorney general urged the U.S. Senate at a Wednesday hearing not to override the California Consumer Privacy Act with a federal law, while ex-heads of the Federal Trade Commission who now work in private practice argued in favor of federal preemption.

  • September 23, 2020

    Doctor Certification Group Ducks Antitrust Claims

    An Illinois federal judge permanently threw out an antitrust lawsuit Tuesday accusing a nonprofit that comprised medical specialty boards of illegally colluding with hospitals and insurers to force doctors into paying for recertification programs for their specialties, deeming the allegations too vague to survive.

  • September 23, 2020

    DC Circ. Wary Of Fight Over FERC's Grid Rate Incentives Cut

    The D.C. Circuit expressed skepticism Wednesday over ITC Holdings Inc.'s push to vacate and remand the Federal Energy Regulatory Commission's decision to slash incentives — aimed at boosting transmission-only companies — from ITC units following a 2016 merger.

  • September 23, 2020

    Shire Fights Latest Class Rep In ADHD Drug Antitrust Suit

    Shire has urged a Massachusetts federal court to reject a third potential representative for a class of direct purchasers suing over the alleged delay of a generic version of the ADHD drug Intuniv, contending the latest candidate still misses the mark.

  • September 23, 2020

    PTAB Weighs Wells Fargo's Digs At USAA Check Deposit Tech

    An invention owned by United Services Automobile Association for capturing check images so bank customers can make mobile deposits was scrutinized Wednesday as the U.S. Patent Trial and Appeal Board looked at whether to shield the patents from a Wells Fargo challenge.

  • September 23, 2020

    Rawlings Hits Back On Bid To Deny False Ad Suit Coverage

    Rawlings Sporting Goods Co. Inc. on Wednesday took a swing at its insurer's bid to duck its counterclaims over coverage in a suit alleging Rawlings lied about the weight of its bats, saying the exclusion the insurer leans on applies only to antitrust claims, not the false advertising allegations in the underlying suit.

  • September 23, 2020

    NY AG Loses Lysol Price-Gouging Case Against Wholesaler

    A New York state court judge on Wednesday highlighted some of the limits enforcers face in pursuing accusations of pandemic-related price-gouging when she threw out a case over a wholesaler's alleged doubling of the price for Lysol Disinfectant Spray.

  • September 23, 2020

    3 Firms Win Lead Counsel Roles In Insulin Price-Fixing MDL

    A New Jersey federal judge agreed Tuesday to give lead interim counsel roles to attorneys Dianne M. Nast of NastLaw LLC, Michael L. Roberts of Roberts Law Firm PA and Don Barrett of Barrett Law Group PA in antitrust litigation accusing Eli Lilly, Novo Nordisk and Sanofi-Aventis of scheming to drive up insulin drug prices.

  • September 23, 2020

    Burger King Workers Ask 11th Circ. To Revive No-Poach Suit

    Burger King workers who sued the fast-food chain over now-defunct no-poach provisions in its franchise agreements asked the Eleventh Circuit on Tuesday to take a look at their case, which was dismissed over a failure to show each franchisee had the autonomy to affect the employment market.

  • September 23, 2020

    Spain Ordered To Take Back Ship Investors' Tax Benefits

    A European Union court on Wednesday said tax breaks given to buyers of Spanish ships had to be returned after the bloc's top court found they provided an unlawful competitive advantage.

  • September 23, 2020

    DOJ Floats Section 230 Immunity Rollback Targeting Big Tech

    The U.S. Department of Justice on Wednesday asked lawmakers to pull back protections afforded to online platforms that moderate user-posted content, opening another line of attack in the Trump administration's quest to diminish the scope of Section 230 of the Communications Decency Act.

  • September 22, 2020

    Topgolf Says Rival Wants A 'Mulligan' In Antitrust Suit

    Topgolf has told a Texas federal court that SureShot is trying to take a second swing at claims that have already been tossed with a new suit accusing the golf entertainment company of blocking access to technology the would-be rival said it needed to compete.

  • September 22, 2020

    California Consumers Lose Bid For Subclass In Lipitor Case

    A New Jersey federal judge on Tuesday shot down a bid from two California women to create a subclass of Golden State consumers in antitrust litigation against Pfizer Inc. and Ranbaxy Inc. over the cholesterol drug Lipitor, swatting away claims of a purported conflict of interest between them and other end-payors.

  • September 22, 2020

    ITC Will Review Allergan's Win In Botox Trade Secrets Case

    The U.S. International Trade Commission will review the bulk of an administrative law judge's finding that Allergan's rivals should be barred from importing a low-cost version of its Botox treatment because they misappropriated trade secrets.

  • September 22, 2020

    Antitrust Class Actions Netted $24B In Deals Last Decade

    Private class action plaintiffs reached $24 billion in settlements in antitrust cases between 2009 and 2019, with a year-to-year decrease last year but an increase in the number of cases filed, according to a new report.

  • September 22, 2020

    $2B Online Slots Deal Draws UK Antitrust Scrutiny

    The U.K.'s antitrust watchdog said Tuesday that it would probe Swedish live casino gambling technology company Evolution Gaming's proposal to buy gaming solutions business NetEnt for 19.6 billion Swedish kronor ($2.2 billion).

Expert Analysis

  • Opinion

    How RBG Tamed Robinson-Patman Price Discrimination

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    The late Justice Ruth Bader Ginsburg authored only one significant antitrust decision in her decades on the court, but she made it count by bringing rationality to the confused, arcane area of price discrimination under the Robinson-Patman Act, honoring both the text and policy, says Scott Abeles at Carlton Fields.

  • DOJ Support Of SEP Injunctions Should Stabilize Licensing

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    The U.S. Department of Justice's recent letter to the Institute of Electrical and Electronics Engineers, which explicitly supports standard-essential patent owners in their pursuit of injunctive relief and favors a diminished role for antitrust enforcement in intellectual property disputes, bodes well for rebalancing the licensing market, say attorneys at Mintz.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • Opinion

    9th Circ. Antitrust Ruling Threatens NFL, Free Enterprise

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    The U.S. Supreme Court should reverse a recent Ninth Circuit decision — holding that the NFL-DirecTV Sunday Ticket joint venture violates antitrust laws — because it jeopardizes a business model driving innovation in this country, says former Sen. Orrin Hatch.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • And Now A Word From The Panel: Justifying An MDL

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    Recent oral arguments before the Judicial Panel on Multidistrict Litigation in the Ahern Rentals trade secret case demonstrate that justifying centralization of related actions into an MDL hinges on showing similarities between the actions — and especially on whether they will lead to common discovery, says Alan Rothman at Sidley.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

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    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • How Pharma Cos. Can Evaluate Alliance Agreements' Validity

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    Alliance agreements can help pharmaceutical companies collaborate and resolve patent infringement disputes, especially during these uncertain pandemic times, but may draw questions concerning legitimacy if not properly vetted, say Louis Berneman at Texelerate, and Alan White and Anne Catherine Faye at Analysis Group.

  • Cannabis Mergers Skewed Hart-Scott-Rodino Report Data

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    Data in the recently released 2019 Hart-Scott-Rodino report is plagued by nine of 31 significant merger investigations having involved cannabis industry mergers for which credible antitrust concerns were lacking, making meaningful comparison with enforcement efforts in previous years difficult, says Jack Sidorov at Lowenstein Sandler.

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