Competition

  • September 3, 2015

    Banks Want 2nd Circ. To Note Latest Libor Dismissal Ruling

    Banks, including Barclays Bank PLC, Bank of America Corp., in the sprawling multidistrict litigation over Libor manipulation asked the Second Circuit on Wednesday to take a closer look at a portion of a lower court’s 430-page ruling that reaffirmed a dismissal of antitrust claims in the matter.

  • September 3, 2015

    DOJ Drops Charge In NJ Tax Lien Bid-Rigging Case

    The U.S. Department of Justice dismissed its only charge Thursday against a former executive of an investment company who had been accused of conspiring to manipulate the bidding process for tax lien auctions in state municipalities — just one week before his trial was set to begin.

  • September 3, 2015

    Ex-Terra Exec Loses Bid For New Trial On Bribery Charges

    A Florida federal judge denied a new trial Wednesday for a former Terra Telecommunications executive accused of bribing Haitian officials, saying his claims were too late and new evidence was insufficient to revive the case.

  • September 3, 2015

    Sony, Universal Curbing Competition, Budget CD Maker Says

    The Canadian recording and publishing arms of Sony Music Entertainment and Universal Music Group have been taken to Canada's Competition Tribunal by a company that releases classic music with expired copyright protection for cheap, claiming the record giants abused their market dominance to crush its business.

  • September 3, 2015

    RICO Claims Get Mixed Reception In $400M Hotel Appeal

    Developer Madison 92nd Street Associates LLC, whose $400 million antitrust and racketeering suit accuses Marriott International Inc. and a hotel union of conspiring to drive up its labor costs, found some sympathy in the Second Circuit Thursday as it sought to reverse dismissal on timeliness grounds of its Racketeer Influenced and Corrupt Organizations Act claims.

  • September 3, 2015

    SuperValu, C&S Urge Arbitration In 8th Circ. Antitrust Row

    SuperValu Inc. and C&S Wholesale Grocers Inc. fought back against a bid by several retail grocers accusing the wholesalers of conspiring to hike prices to keep their consolidated class actions in federal court, telling the Eighth Circuit on Wednesday the retailers were trying to eviscerate valid arbitration agreements.

  • September 3, 2015

    FCC OKs Frontier Purchase Of Verizon Operations In 3 States

    The Federal Communications Commission gave Frontier Communications Corp. its permission Wednesday to complete a $10.5 billion acquisition of Verizon Communications Inc. operations in California, Texas and Florida, saying it was more likely to benefit than harm the public.

  • September 3, 2015

    Auto Parts Supplier To Pay $65M For Price-Fixing Role

    A Japanese automotive parts supplier has agreed to pay a $65.3 million fine and plead guilty for its role in a conspiracy to fix prices and rig bids for vehicle emissions parts, the U.S. Department of Justice announced Thursday.

  • September 3, 2015

    Carlton Fields Not Conflicted In Insurance Row, Allied Says

    Allied World Specialty Insurance Co. slammed a bid Wednesday by BlueCross BlueShield of Tennessee Inc. to disqualify its counsel, arguing the insurer provided no evidence suggesting Carlton Fields Jorden Burt PA gained any confidential information during its defense of BlueCross BlueShield of Delaware in an earlier antitrust case.

  • September 2, 2015

    Susman, Others Sued For Claims In $65M Korean Air Deal

    Susman Godfrey LLP, Glancy Prongay & Murray LLP and Milberg LLP are refusing to pay a travel agency its $3 million share of a $65 million settlement with Korean Air Lines Co. Ltd. over class allegations it was fixing ticket prices, according to a lawsuit entered in California state court Tuesday.

  • September 2, 2015

    Aetna-Humana Deal Threatens Medicare Advantage, AHA Says

    Aetna Inc.’s proposed $37 billion acquisition of Humana Inc. is likely to violate antitrust law by substantially reducing competition among Medicare Advantage plans, the American Hospital Association wrote Tuesday in a letter to the U.S. Department of Justice.

  • September 2, 2015

    FCC Issues Proposal For Retransmission Negotiation Review

    The Federal Communications Commission on Wednesday issued its much-anticipated proposal to review and possibly update its “totality of the circumstances” test used to determine whether retransmission consent negotiations between broadcasters, cable companies and satellite providers are being carried out in good faith.

  • September 2, 2015

    NEC Tokin To Pay $13.8M In First DOJ Capacitor Cartel Fine

    NEC Tokin Corp. has agreed to plead guilty and pay a $13.8 million criminal fine for being part of a group of capacitor manufacturers that for more than a decade conspired to fix prices for electrolytic capacitors, the U.S. Department of Justice said on Wednesday.

  • September 2, 2015

    FTC, FCC To Clash On Internet Privacy, Regulators Say

    Republican members of the Federal Trade Commission and Federal Communications Commission on Wednesday warned that the FCC's plan to enter the FTC’s territory of Internet data privacy may lead to double enforcement and a cloud of uncertainty for broadband companies.

  • September 2, 2015

    2nd Circ. Deflects Class Cert. Challenges In MLB Cable Row

    The Second Circuit on Tuesday refused to hear appeals over class certification in an antitrust suit by a group of television subscribers who say they have overpaid to watch MLB games because of collusion between the league and pay-TV providers Comcast Corp. and DirecTV LLC.

  • September 2, 2015

    McDermott Adds Ex-K&L Gates European Antitrust Atty

    McDermott Will & Emery LLP said Tuesday that it has bolstered its antitrust and competition practice groups in its Brussels and Paris offices with the addition of a former K&L Gates LLP partner who has extensive experience in cartel investigations.

  • September 2, 2015

    Top LA Eateries Plotted Price Hike For ACA Costs, Suit Says

    A group of Los Angeles’ most prominent restaurants, including Lucques and Animal, were hit with a putative antitrust class action Tuesday alleging their owners orchestrated a price-fixing conspiracy to cover the costs of employees’ health care required under the Affordable Care Act.

  • September 2, 2015

    EU Antitrust Watchdog Probes €60M Industrial Packaging Deal

    The European Commission launched an in-depth investigation Wednesday into Mondi PLC's €60 million ($67.4 million) acquisition of two industrial packaging plants from Finnish rival Walki Group Oy, citing concerns that the sale could lead to higher prices for customers who need moisture-resistant wrapping.

  • September 2, 2015

    Ex-John Kerry Counsel, Susman Partner Joins Gibson Dunn

    A former Susman Godfrey LLP partner and legal counsel to then-U.S. Sen. John Kerry has joined Gibson Dunn & Crutcher LLP in Dallas, where he will handle class action, securities, antitrust and other commercial litigation work.

  • September 2, 2015

    UPMC-Highmark Price Conspiracy Claims Get Go-Ahead

    A Pennsylvania federal judge ruled Tuesday that an Allegheny County hotel could proceed with class action claims that Highmark Inc. and the University of Pittsburgh Medical Center inflated the price of small group insurance plans by conspiring to exclude competitors from the market.

Expert Analysis

  • FTC Premerger Notification Office Narrows 2 HSR Exemptions

    Ellen Jakovic

    The Federal Trade Commission Premerger Notification Office's revised guidance on Hart-Scott-Rodino Rules 802.5 and 802.2(h) has significant ramifications, particularly for companies operating in the oil and gas, billboard and communications towers industries, say Ellen Jakovic and Bilal Sayyed of Kirkland & Ellis LLP.

  • OIG Is Focusing On Physicians

    Patricia Domzalski

    Recent Office of the Inspector General guidance, personnel and budget increases, and a Third Circuit decision all point to the same thing — physicians who participate in Medicare and Medicaid can expect to face increased federal scrutiny, and those who are convicted of health care fraud can expect tougher sentences and higher monetary penalties, say Patricia Domzalski of Duff & Phelps Corp. and Kirsten McAuliffe Raleigh of Stevens & Lee.

  • OPINION: Banks Should Reject The Target-Visa Settlement

    Charles Zimmerman

    If Target Corp. succeeds in its latest attempt to extinguish financial institutions’ legal claims for pennies-on-the-dollar with its recent and woefully inadequate settlement with Visa Inc., it will set an extremely dangerous precedent for the victims of future data breaches, say Charles Zimmerman of Zimmerman Reed PLLP and Karl Cambronne of Chestnut Cambronne PA.

  • Personal Security Affects Anti-Corruption Compliance

    Patrick Welsh

    By employing due diligence, training and proactive monitoring, investors and businesses can seek to minimize corruption risks in any market. When investing in countries with security concerns such as high crime rates, governmental instability or public health concerns, the importance of these steps is intensified, say Patrick Welsh and Brendan Hanifin of Ropes & Gray LLP.

  • 9th Circ. Microsoft FRAND Ruling Ignores Ericsson

    J. Gregory Sidak

    Commentators have overlooked the larger implication of the recent Microsoft Corp. v. Motorola Inc. opinion — the Ninth Circuit has managed to create a circuit split with the far more experienced Federal Circuit concerning the principles for determining a reasonable and nondiscriminatory royalty articulated last year in Ericsson Inc. v. D‑Link Systems Inc., says Gregory Sidak, chairman of Criterion Economics LLC.

  • Competitors Push Back With False Advertising Laws

    Eric W. Buetzow

    As the Tenth Circuit recently recognized, false advertising causes of action are providing a robust weapon against overly aggressive and often youthful firms who “cross the line from harmless hyperbole into underhanded deception with material commercial consequences.” However, the current landscape is not a complete boon for competitor plaintiffs, says Eric Buetzow of Zelle Hofmann Voelbel & Mason LLP.

  • The Confusion Over Leegin And Retail Price Restraints

    Leonard N. Budow

    The 2007 U.S. Supreme Court case Leegin Creative Leather Products Inc. v. PSKS Inc. was supposed to unloose vertical price restraints by allowing resale price maintenance agreements, but the anticipated uptick of RPMs in franchise and distribution agreements never actually happened, due to various misconceptions surrounding the decision, says Leonard Budow at Fox Rothschild LLP.

  • Understanding PURPA Rights In Power Purchase Agreements

    Daniel R. Simon

    After many years of waning significance, the Public Utility Regulatory Policies Act of 1978 has reignited as a useful tool for renewable energy and cogeneration project developers. But before negotiating a power purchase agreement of any type, developers, lenders and investors should understand their rights under PURPA, says Daniel Simon at Stroock & Stroock & Lavan LLP.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • The Rationale Behind BP Texas Manipulation Ruling

    Paul J. Pantano Jr.

    Administrative Law Judge Carmen Cintron relied heavily on Federal Energy Regulatory Commission v. Barclays Bank PLC as support for her holding that BP PLC engaged in the manipulation of Texas' natural gas market in 2008, dismissing BP's contention that relying on the Barclays case is inappropriate because a federal court is reviewing the case de novo, say attorneys at Cadwalader Wickersham & Taft LLP.