Competition

  • October 1, 2014

    Steel Cos. Can't Hold Off $156M Antitrust Loss: 5th Circ.

    The Fifth Circuit refused to stay a $156 million judgment against a slew of steel companies for arranging a boycott to cut MM Steel LP’s access to supplies, finding Wednesday that Texas law doesn’t limit the required appeal bond.

  • October 1, 2014

    5 Army National Guard Officials Charged In Bribery Schemes

    Four retired Army National Guard officials, along with one active-duty member and one civilian, have been charged in connection with alleged bribery schemes linked to millions of dollars in Army National Guard marketing, retention and recruitment contracts, the U.S. Department of Justice announced Wednesday.

  • October 1, 2014

    Korean Ramen Cos. Say Price Cartel Didn't Affect US Sales

    Four South Korean companies urged a California federal judge on Wednesday to throw out a proposed class action accusing them of fixing prices on instant ramen noodle products sold in the U.S., arguing that the plaintiffs haven't provided evidence that the South Korean conspiracy affected U.S. commerce.

  • October 1, 2014

    Banking Giants Manipulated Swaps Benchmark, Suit Says

    A slew of major banks, including Bank of America Corp. and BNP Paribas SA, were accused in a new class action Wednesday in New York federal court of conspiring to fix a leading benchmark for interest-rate derivatives, as an investigation by the U.S. Commodity Futures Trading Commission into possible abuses continues.

  • October 1, 2014

    10th Circ. Dow Ruling Shows Class Actions Alive And Well

    The Tenth Circuit's recent decision to uphold a $1 billion judgment against Dow Chemical Corp. in an antitrust class action shows that plaintiffs can still clear the U.S. Supreme Court's heightened bar for class certification with detailed analysis tying their injuries to the alleged wrongdoing, attorneys say.

  • October 1, 2014

    Texas Court Asked To Revive Claim Law Firm Stole FCA Suit

    Potential clients of a former federal judge-turned-plaintiffs’ lawyer on Wednesday asked a Texas appeals court to revive claims the lawyer used confidential information they provided him to preemptively file a False Claims Act and bribery suit for another whistleblower plaintiff.

  • October 1, 2014

    Carlton Fields Soups Up West Coast Post With 4 Litigators

    Carlton Fields Jorden Burt LLP said Wednesday it has expanded its California office with a team of class action-oriented business litigators from Ervin Cohen & Jessup LLP with experience in intellectual property, product liability and securities law.

  • October 1, 2014

    FCC Chair Calls City Broadband 'As American As You Can Get'

    With the Federal Communications Commission considering a move to override state laws that restrict cities from building their own broadband networks, agency chair Tom Wheeler gave a ringing endorsement to such locally run networks Wednesday, calling them 'as American as you can get.'

  • October 1, 2014

    Apple Seeks Quick Exit In Suit Over IPad Cover Sales

    Apple Inc. on Tuesday sought to exit a lawsuit alleging the company coerced Amazon.com Inc. into pulling the plug on an e-retailer selling inexpensive iPad 2 covers, saying it's shielded from the litigation because it believed the items were counterfeit and infringed the company's trademark rights for the iPad Smartcover.

  • October 1, 2014

    3rd Circ. Hears Double Jeopardy Fears In Bribery Retrial

    The former chief of staff for a Philadelphia councilman and two other men who beat bribery convictions in 2012 asked the Third Circuit on Wednesday to narrow the scope of issues a jury could consider in their retrial, citing a risk of double jeopardy.

  • October 1, 2014

    Judge Again Slashes Antitrust Claims In Philly Firms' Ad Row

    A Pennsylvania federal judge on Tuesday again trimmed Larry Pitt & Associates' antitrust claims accusing Lundy Law LLP of stifling competition, ruling that Pitt had not proven that Lundy’s exclusive agreements for ads on Philadelphia-area public transit amount to Sherman Act violations.

  • October 1, 2014

    Circuit City Wins Reconsideration Of LCD Damages

    A California federal judge on Tuesday gave a Circuit City trustee a second chance to argue why the company should be awarded damages against an American subsidiary of Hitachi Ltd. in an ongoing liquid crystal display price-fixing multidistrict litigation.

  • October 1, 2014

    FCC Head Says Keeping 4 Mobile Giants A 'National Priority'

    The head of the Federal Communications Commission again wrote off consolidation prospects in the U.S. mobile industry, saying Wednesday it is “an important national priority” to keep intact an existing framework that features four national competitors.

  • October 1, 2014

    EU To Investigate Portugal's $45M Public Aid To Volkswagen

    The European Commission on Wednesday launched an investigation into Portugal's proposal to give Volkswagen Autoeuropa €36 million ($45 million) in public funds toward the development of a new car production method in the southwestern district of Setubal.

  • October 1, 2014

    DOJ Antitrust Worries Scuttle Wood Maker's Mill Purchase

    Wood product producer Flakeboard America Ltd. has scrapped its plans to acquire three wood manufacturing mills from SierraPine Ltd. amid concerns expressed by the U.S. Department of Justice that the transaction would have anti-competitive effects for consumers.

  • October 1, 2014

    Hausfeld Opens Brussels Office Amid EU Antitrust Ramp-Up

    Hausfeld LLP opened its second European office in Brussels on Wednesday, run by the former general counsel of the Michelin Group, as the plaintiffs firm gears up for reforms designed to make it easier to bring private antitrust litigation across the European Union.

  • October 1, 2014

    Court Asked To Sanction 'Kids For Cash' Atty Over Loan Docs

    The plaintiffs in a suit against a Powell Law Group attorney caught up in the Luzerne County, Pennsylvania, “kids for cash” scandal asked a federal court Tuesday to sanction the defendants for failing to produce evidence concerning money borrowed against $200 million in fees due to PLG that the plaintiffs are looking to secure.

  • September 30, 2014

    BD Stuck With $114M Antitrust Verdict After New Trial Denied

    A Texas federal judge on Tuesday rejected Becton Dickinson & Co.'s bid to ax a $113.5 million damages verdict in favor of Retractable Technologies Inc. and send the syringe market monopolization case back to a jury for a new trial, ruling that evidence presented during trial supported the jury's findings.

  • September 30, 2014

    Louis Dreyfus Can't Shake Cotton Price Manipulation Suit

    A New York federal judge on Tuesday shut down most of Louis Dreyfus Commodities BV’s bid to escape a class action brought by traders who say the company inflated cotton prices and manipulated cotton futures, but he agreed to trim one of the putative class’ antitrust claims.

  • September 30, 2014

    NY Delays Review Of $45B Comcast-TWC Deal Amid Worries

    The New York Public Service Commission has pushed back its deadline for reviewing Comcast Corp.'s proposed $45 billion merger with Time Warner Cable Inc. after state officials worried that the cable companies still weren't doing enough to improve "deficiencies" with their current service.

Expert Analysis

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • Antitrust And Cybersecurity — Still A Long Way To Go

    Anne Rodgers

    Currently pending before Congress are several pieces of proposed legislation aimed at improving cybersecurity efforts. But they are proposals that likely lack the force necessary to allay the private sector’s concerns about information sharing and potential exposure to antitrust and other liability, say attorneys with Norton Rose Fulbright.

  • 7 HSR Filing Reminders From Berkshire Hathaway Case

    Deidre Johnson

    The recent civil penalty levied on investment holding company Berkshire Hathaway Inc. for failure to notify under the Hart-Scott-Rodino Antitrust Improvements Act reminds investors that HSR reportability must be vetted even in transactions that are less obviously seen as "acquisitions," say attorneys with Ropes & Gray LLP.

  • Corporate Probation May Follow An Antitrust Conviction

    Steven Kowal

    When a company has been convicted for a criminal antitrust offense, the Antitrust Division of the U.S. Department of Justice now may seek to impose the significant burdens of corporate probation in addition to enormous monetary fines and incarceration for senior executives. This is a major policy shift, say Steven Kowal and Lauren Norris of K&L Gates LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • The Rise of Coordinated Health Care Fraud Enforcement

    Brian Laliberte

    In the health care fraud space, parallel coordinated investigations are now the norm and not the exception. Targets must be concerned about making statements in an administrative or civil proceeding that can and will be used against them in a related criminal investigation and prosecution, says Brian Laliberte of Ulmer & Berne LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Ominous Outlook For Physician-Owned Distributors

    Tom Bulleit

    The U.S. Department of Justice has been investigating Reliance Medical Systems LLC and its financial relationships with investor physicians for several months. But this new filing is significant because it is the first time that physician-owned distributor investigations have led the government to file its own False Claims Act lawsuit, say Tom Bulleit and Peter Holman of Ropes & Gray LLP.

  • The EU General Court Gets A Rap On Its Knuckles

    James Webber

    In a case involving a French association of banking institutions, the EU Court of Justice severely reprimanded the General Court for its failure to properly analyze a restriction of competition "by object," thus reminding both the European Commission and the General Court that not all agreements between undertakings can be presumed to harm competition, say attorneys with Shearman & Sterling LLP.

  • 4 Hot Issues In 3rd-Party Due Diligence

    Michael Volkov

    Lawyers who deal with anti-corruption risks and third parties have passed around standard clauses they like to use in their agent and distributor contracts. But taking a more creative approach to contract drafting is an important way to minimize risk, says Michael Volkov of The Volkov Law Group LLC.