Competition

  • May 28, 2015

    AT&T Opposes Bid For Even Stricter Net Neutrality Regs

    The United States Telecom Association, AT&T Inc. and others sought to intervene Tuesday in a piece of the consolidated Open Internet Order challenge before the D.C. Circuit that argues the Federal Communications Commission shouldn't have exempted broadband providers from certain regulations.

  • May 28, 2015

    4th Circ. Backs Insurer In Appeal Over Kickback Case

    Starr Indemnity & Liability Co. successfully fought off an appeal from a federal contractor embroiled in a $31 million kickback scheme, after a Fourth Circuit panel affirmed Starr isn’t responsible for insurance claims by the contractor Wednesday.

  • May 28, 2015

    BREAKING: Cephalon To Pay $1.2B To End FTC Pay-For-Delay Suit

    Cephalon Inc. agreed Thursday to pay $1.2 billion to settle a long-running antitrust suit accusing the company of paying generic drugmakers to hold off on launching their own version of narcolepsy treatment Provigil, handing the Federal Trade Commission a major victory in its decadelong campaign against so-called pay-for-delay patent settlements.

  • May 27, 2015

    Motorola Urges Justices To Clarify Law In LCD Cartel Fight

    Motorola Mobility LLC urged the U.S. Supreme Court on Tuesday to heal a circuit split over the Foreign Trade Antitrust Improvements Act by reviving its $3.5 billion price-fixing claim over cellphone displays, saying only the high court could provide needed clarity.

  • May 27, 2015

    Capital One Redoubles Efforts In Intellectual Ventures Beef

    A special master erred by finding two of Intellectual Ventures I LLC’s mobile banking patents legitimate, Capital One Financial Corp. contended Tuesday, in a dual filing where it also argued against a dismissal of its antitrust counterclaims against IV.

  • May 27, 2015

    Nestle Puts Frozen Treat Rival’s Antitrust Suit On Ice

    A California judge on Wednesday tossed allegations that Nestle USA Inc. froze ice cream competitors out of supermarket aisles, saying antitrust claims by a rival ice cream maker were supported only by ambiguous evidence and an expert’s “incompetent” declaration. 

  • May 27, 2015

    Tech Investors Fight 'Crap Cleaner' Evidence Wipe Sanctions

    Several tech investors urged a California federal court Wednesday to relieve them from hefty monetary sanctions imposed on them and their former Jackson Lewis PC attorneys after a judge found they destroyed evidence with "Crap Cleaner" software in Clear-View Technologies Inc.'s suit alleging the investors conspired to steal its intellectual property.

  • May 27, 2015

    Menendez Play For DC Trial Could Yield Friendlier Jury

    U.S. Sen. Robert Menendez's bid to move his corruption trial from New Jersey to Washington, D.C., which prosecutors bashed in a recent court filing, could be a play for a more sympathetic and politically neutral jury with less-concentrated exposure to negative pretrial publicity.

  • May 27, 2015

    Global Soccer Case Kicks Off On Loretta Lynch's Home Field

    The historic soccer bribery case launched Wednesday could touch any number of international locales. But to the extent it washes up in America, it will flow through Brooklyn, a fact that did not go unnoticed Wednesday as experts saw a sign that bigger prosecutions may be bound for U.S. Attorney General Loretta E. Lynch's former turf.

  • May 27, 2015

    Worst-Case Scenario: How Mergers Go Wrong In China

    When it comes to getting approval from China for a potentially problematic merger, the worst-case scenario can involve everything from drawn-out reviews to indefinite orders to hold the two companies separate. Here Law360 looks at just how bad things can get and what attorneys and their clients can do to minimize some of the risks.

  • May 27, 2015

    Orrick Nabs Former FTC Adviser, DOJ Antitrust Vet

    Orrick Herrington & Sutcliffe LLP has hired Alexander Okuliar, formerly an attorney adviser to FTC Commissioner Maureen Ohlhausen, as a partner in the firm's antitrust and competition practice, the firm announced Tuesday.

  • May 27, 2015

    Panasonic, Others Can't Ditch Capacitor Price-Fixing Suit

    A California federal judge on Wednesday appeared ready to deny Nippon Chemi-Con Corp.'s bid to escape a consolidated case alleging a capacitor price-fixing scheme, the day after he largely upheld direct and indirect purchasers' suit against Panasonic Corp. and its purported conspirators.

  • May 27, 2015

    AT&T, DirecTV Tout Benefits Of $48B Merger To FCC

    AT&T Inc. and DirecTV have continued to make the case for their proposed $48 billion merger, arguing in a recent meeting with the Federal Communications Commission that the resultant company will benefit tens of millions of customers, according to a filing Tuesday.

  • May 27, 2015

    Ocwen, Assurant Say $140M Forced-Placed Deal Is 'Generous'

    Ocwen Financial Corp. and Assurant Inc. on Tuesday fired back at objections to an "extremely generous" $140 million putative class action settlement in Florida federal court in a suit alleging the mortgage borrower inflated force-placed insurance premiums to provide kickbacks to the insurer.

  • May 27, 2015

    Circuit City Wraps Up LCD Price-Fixing Settlement With AUO

    Circuit City Stores Inc. and Proview Technology Inc. finalized settlement agreements Tuesday in their suits against AU Optronics Corp. and HannStar Display Corp., as part of multidistrict litigation over alleged price-fixing of liquid crystal display products.

  • May 27, 2015

    AmEx Seeks Stay Of Antitrust Order From 2nd Circ.

    American Express filed an emergency request with the Second Circuit on Tuesday to stay a lower court’s decision that barred the company from prohibiting merchants from steering customers toward debit cards or other forms of payment.

  • May 27, 2015

    Allergan Can't Duck Eye Doctors' FCA Kickbacks Suit

    A Pennsylvania federal judge on Tuesday preserved a whistleblower suit accusing Allergan Inc. of violating the False Claims Act by shelling out kickbacks, rejecting the drugmaker’s argument that it isn’t liable because it didn’t directly bill Medicare and Medicaid.

  • May 27, 2015

    Massive Global Soccer Bust Called 'The World Cup Of Fraud'

    U.S. authorities on Wednesday unveiled a racketeering case against top-level international soccer, charging executives at FIFA, the sport's global organizer, with taking $151 million in bribes to back tournament marketing contract applicants and warning more charges are likely in store in an ongoing investigation.

  • May 26, 2015

    Full 7th Circ. Won't Review Text Message Price-Fixing MDL

    Customers accusing T-Mobile USA Inc., Sprint Corp., AT&T Mobility LLC and Verizon Wireless LLC of fixing prices on pay-per-use text messages suffered a defeat in their massive multidistrict case on Friday, when the Seventh Circuit denied an en banc hearing request.

  • May 26, 2015

    5 Reasons Charter Won't Face Comcast's Fate In TWC Buy

    Charter Communications Inc.'s $55 billion purchase of Time Warner Cable Inc. won't fall victim to the same regulatory pitfalls that torpedoed Comcast Corp.'s recently abandoned attempt to buy TWC, experts say, despite it being a merger of the second- and third-largest U.S. cable television providers. Here, Law360 looks at five reasons Charter's attempted acquisition is different from Comcast's.

Expert Analysis

  • Illinois Antitrust Case Highlights Venue Requirements

    James Menton Jr.

    An Illinois federal court's recent decision in Industrial Models Inc. v. SNF Inc. serves as an instructive reminder of what can happen when a case is filed in the wrong forum, says James Menton Jr. of Robins Kaplan LLP.

  • Anti-Corruption Enforcement Is Escalating Worldwide

    Richard C. Smith

    The first half of 2015 has seen a flurry of anti-corruption enforcement activity in the U.S. and abroad. As countries battle corruption within their own borders, their increasingly aggressive approach signals a likely increase in intergovernmental cooperation and coordination of enforcement efforts across borders, say attorneys with Norton Rose Fulbright.

  • 1 Small Provision For Barclays, 1 Big Step For Compliance

    Mark Rosman

    Last week's Barclays PLC plea deal represents the first time that the Antitrust Division of the U.S. Department of Justice has awarded a company sentencing credit for implementing an effective compliance program after the start of an investigation, say attorneys with Wilson Sonsini Goodrich & Rosati PC.

  • What Was Wrong With BHP Billiton's Compliance Program

    Lisa Prager

    Assistant Attorney General Leslie Caldwell recently reiterated a common theme from enforcement agencies — having a written compliance program on paper is not sufficient. The U.S. Securities and Exchange Commission's settlement with BHP Billiton Ltd. for Foreign Corrupt Practices Act violations is the quintessential case in point, say attorneys with Schulte Roth & Zabel LLP.

  • For NY Medicaid, It's Health Reform Vs. Antitrust Law

    Dionne Lomax

    At the heart of the Federal Trade Commission and New York State Department of Health's disagreement over the state's Medicaid program is the mounting tension between health care reform — which focuses on transformative health care models that seek to curb costs and improve care through coordinated and integrated systems — and antitrust law, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • DOJ Is Trying To Show Benefits Of Corporate Cooperation

    Ryan Rohlfsen

    Recent Foreign Corrupt Practices Act cases and commentary from U.S. Department of Justice officials illustrate possible costs, benefits and pitfalls in the disclosure and cooperation calculation, say Ryan Rohlfsen and David Nordsieck of Ropes & Gray LLP.

  • 10 Corporate Culture Lessons From Deutsche Bank

    Betsy P. Collins

    Regulators blamed Deutsche Bank's Libor-related misconduct on the culture within the bank, whose unsecured and permissive business model allowed egregious and pervasive misconduct to thrive. Fixing a broken corporate culture is hard and painful, and regaining a lost reputation for integrity is virtually impossible, say Betsy Collins and Mignon Lunsford of Burr & Forman LLP.

  • US V. Vassiliev — Some Foreign Bribery Is Beyond US Reach

    Drew Harker

    A California federal court's recent decision in U.S. v. Vassiliev limiting the reach of U.S. anti-bribery laws, not including the Foreign Corrupt Practices Act, confirms that the courts will rein in expansive enforcement efforts if extraterritoriality requirements for jurisdiction are lacking, say attorneys with Arnold & Porter LLP.

  • Does The International Antitrust Debate Really Matter?

    Michael P. A. Cohen

    Three recent events in the antitrust bar led me to ask myself whether there can ever really be grounds to critique another nation’s enforcement of its competition regime, says Michael P. A. Cohen of Paul Hastings LLP.

  • Consider 5 Things Before Choosing An E-Discovery Provider

    Barry O’Melia

    There has been a rapid and robust growth in the number of companies offering electronically stored information collection, management and processing services. But a recent survey indicated that not all service providers offer the level of expertise needed in today’s world of big data, the cloud and mobile devices, says Barry O’Melia, chief operations officer at Digital WarRoom.