Competition

  • September 29, 2016

    2nd Circ. Urged To Revive JPMorgan, BofA Swipe Fee Action

    A group of Visa Inc. and MasterCard Inc. cardholders asked the Second Circuit on Thursday to revive a proposed class action accusing JPMorgan Chase & Co., Bank of America Corp. and others of conspiring to fix interchange fees.

  • September 29, 2016

    DOJ Clears 2 Texas Cos. For Self-Reported FCPA Violations

    The U.S. Department of Justice said Thursday it has closed Foreign Corrupt Practices Act investigations of two Texas companies that self-reported violations as part of the federal government's one-year pilot program offering reduced criminal fines in exchange for companies' preemptive action.

  • September 29, 2016

    Barclays Wants Second Shot At Exiting Libor Suit

    Barclays Bank PLC and two other foreign banks urged a New York federal court Thursday to revisit a 2014 order stopping them from filing a jurisdictional challenge to a suit alleging a multi-bank conspiracy to fix interbank loan rates, saying a recent Second Circuit decision upset the court’s reasoning.

  • September 29, 2016

    NJ High Court Won't Hear Hospitals' Omnia Challenge

    The New Jersey Supreme Court won't disturb a state agency’s approval of Horizon Healthcare Services Inc.’s Omnia Health Alliance, handing a defeat to the 11 hospitals who argued facilities serving urban and underserved communities were unfairly poised to lose business under the two-tier coverage plan.

  • September 29, 2016

    FCC Delays Set-Top Box Vote As Dems Vow To Press On

    The Federal Communications Commission yanked a proposed vote on a measure to promote competition in the set-top box marketplace just before the start of its Thursday meeting, with Democratic commissioners pledging to move forward after they iron out the remaining details.

  • September 29, 2016

    Lobbying Group Pushes For Robust National Antitrust Policy

    Highly concentrated economic and political power resulting from company mergers has harmed U.S. competition, and consumers need a national policy that governs antitrust issues, the American Antitrust Institute said Wednesday.

  • September 29, 2016

    Chicago Denies Challenge To $1.3B Train Car Contract

    The Chicago Transit Authority will keep its $1.3 billion contract with a Chinese company to build 850 new rail cars for the city’s elevated train line, the transit agency said Thursday, rejecting Bombardier Transit Corp.’s request to reconsider.

  • September 29, 2016

    Egg Producers Can't Crack Price-Fixing Conspiracy MDL

    A Pennsylvania federal judge Wednesday denied Michael Foods Inc. and three other egg producers' bid to escape a suit alleging a conspiracy to inflate egg prices, saying purchasers put forth sufficient evidence to show the producers may have participated in an illegal conspiracy

  • September 29, 2016

    DOJ Subpoenas Chesapeake Over M&A Accounting Methods

    Chesapeake Energy Corp., already under heavy scrutiny over its oil and gas leasing practices, revealed Thursday that it's received a subpoena from federal prosecutors seeking information on the company's accounting methods used for buying and classifying oil and gas properties.

  • September 29, 2016

    Big Data May Warrant New EU Antitrust Rules, Vestager Says

    As competition authorities in the European Union work to understand the implications of big data, new EU-wide rules may be required to give enforcers the tools they need, European Commissioner for Competition Margrethe Vestager said Thursday.

  • September 29, 2016

    AmEx Fraud Liability Row Unhit By 2nd Circ., Say Merchants

    A recent Second Circuit decision that reversed a finding that American Express violated antitrust laws by imposing anti-steering rules on merchants should not detract from claims in a separate suit that AmEx and other credit card brands improperly shifted microchip fraud risk to merchants, the retailers argued Wednesday.

  • September 29, 2016

    Ore. Dealership Challenges New Fiat Chrysler Franchise

    A dealership selling Fiat Chrysler vehicles hit the automaker with a lawsuit in Oregon federal court Wednesday seeking to stop it from going forward with a plan to open a new dealership less than 10 miles away, saying that would have a disastrous effect on business.

  • September 29, 2016

    Och-Ziff Inks $413M FCPA Deal, Unit Pleads Guilty

    Och-Ziff Capital Management Group LLC will pay nearly $413 million in a deferred prosecution agreement and U.S. Securities and Exchange Commission settlement, while an African subsidiary pled guilty to violating the Foreign Corrupt Practices Act by bribing government officials, the SEC said Thursday.

  • September 29, 2016

    ESMA Proposes Rules For New Benchmark Crackdown

    The European Union's securities watchdog proposed detailed technical rules Thursday for new legislation designed to prevent the manipulation of financial benchmarks in the wake of an industry-wide scandal over banks rigging key interest rates for their own benefit.

  • September 29, 2016

    Ill. Hospitals Say 3rd Circ. No Help To FTC's Merger Case

    Two Chicago-area hospitals looking to combine told the Seventh Circuit Wednesday a recent Third Circuit decision siding with the U.S. Federal Trade Commission over a Pennsylvania hospital merger does not help the agency’s case against them.

  • September 29, 2016

    FCC Pulls Set-Top Box Plan From Meeting Agenda

    The Federal Communications Commission announced ahead of its Thursday meeting that it was taking the embattled proposal to unlock consumers' set-top boxes off the table.

  • September 28, 2016

    Och-Ziff Nears $400M Deal, Guilty Plea For Unit In FCPA Row

    Och-Ziff Capital Management Group LLC is expected to pay more than $400 million and a subsidiary will plead guilty to end investigations by the U.S. Department of Justice and the U.S. Securities and Exchange Commission into whether it bribed African officials, according to reports on Wednesday.

  • September 28, 2016

    Auto Parts Cos. To Pay Combined $44M In Price-Fix Deals

    Four more settlements were approved Wednesday in sprawling multidistrict litigation over auto parts price-fixing, with Aisin Seiki Co. set to pay $18.6 million, Sumitomo Riko Co. settling for $11.4 million, Schaeffler Group USA Inc. agreeing to pay $7.6 million and Valeo Inc. paying $6.6 million.

  • September 28, 2016

    Set-Top Box Plan Likely To Headline Active FCC Meeting

    The Federal Communications Commission will take up a slate of key issues at its Thursday meeting, with experts predicting narrow passage of a blockbuster vote on the embattled proposal to unlock consumers' set-top boxes even as the final details remain uncertain.

  • September 28, 2016

    Boehringer Can Hide Emails In FTC Pay-For-Delay Suit

    A D.C. federal judge found Tuesday that Boehringer Ingelheim Pharmaceuticals is protected by attorney-client privilege from disclosing the majority of subpoenaed financial documents in the Federal Trade Commission’s pay-for-delay suit over stroke prevention drug Aggrenox.

Expert Analysis

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • International Comity Saves Vitamin C Defendants

    Ian Simmons

    The Second Circuit's decision last week in Vitamin C Antitrust Litigation shows that American courts may be increasingly likely to dismiss U.S. antitrust claims against foreign companies based in countries with heavy government involvement in the economy, say attorneys with O'Melveny & Myers LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

    Chas.jpg

    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • 7th Circ. Agrees With FTC That Size Doesn’t Matter

    John Foote

    Given how unlikely it is that any court will disagree with both the Federal Trade Commission’s position and the Seventh Circuit’s decision in Clorox, sellers are at very little risk if they discriminate between customers based on packaging that is merely larger and does not constitute any promotional message, says John Foote of Nixon Peabody LLP.

  • Harris Corp. FCPA Declination Is First Of Its Kind

    Robert W. Kent Jr.

    Commentators have justifiably been suspicious of regulators’ claims that they will reward companies that have strong Foreign Corrupt Practices Act compliance programs and that respond to allegations of misconduct as the government has recommended. However, it is difficult to read the recent Harris Corp. resolution as anything other than the government following through on its promises, says Robert Kent of Baker & McKenzie LLP.

  • The Digital Divide Remains A Chasm In The US

    John F. Stephens

    The Federal Communications Commission has announced that it will not appeal the Sixth Circuit's decision declaring that the FCC does not have authority to preempt state laws that inhibit municipal broadband service expansion. This ruling will make it harder for cities, towns and public entities to compete with for-profit companies, possibly reinforcing the digital divide between rural and urban populations, says John Stephens of Sedgwick LLP.

  • Overhauling Law Firm Records Departments For A New Reality

    Raymond Fashola

    As automation increases, so do business challenges that impact overall law firm operations. Records departments are facing roadblocks associated with antiquated processes, ever-changing regulatory requirements, and emerging technologies. As a result, firms are reassessing the needs of their records department staffing models, says Raymond Fashola of HBR Consulting.

  • The Potential For Litigation In New Era Of Biosimilars

    Christian Frois

    In recent years, there has been widespread litigation surrounding generic entry across a wide range of therapeutic classes. As biosimilars are now becoming available in the U.S., should we expect similar litigation? The answer is not that simple given the economics of biosimilars as well as some key differences between biologic and chemical drugs, say Christian Frois, Richard Mortimer and Alan White of Analysis Group Inc.

  • How High Court Views Prosecutor Charging Decisions

    Randall Eliason

    Does the U.S. Supreme Court still believe in prosecutorial discretion? A string of cases over the past few years has to make you wonder, says Randall Eliason, a former federal prosecutor.

  • From Fapiao To Gestores: FCPA Risks In China, Latin America

    Saskia Zandieh

    A review of Foreign Corrupt Practices Act matters and corruption scandals involving China and Latin America reveals specific risks areas companies should address when tailoring their compliance programs, say Saskia Zandieh and Alice Hsieh of Miller & Chevalier Chtd.