Competition

  • November 24, 2014

    Travelers Say Delta Sanctions Report Overlooked Filings

    Travelers accusing Delta Air Lines Inc. and AirTran Airways Inc. of colluding to fix baggage fees urged a Georgia special master Monday to rethink his recommendation not to award evidentiary sanctions against Delta for not preserving relevant evidence during discovery in the multidistrict litigation, saying some of their arguments were overlooked.

  • November 24, 2014

    TV Networks Throw Weigh Behind NCAA At 9th Circ.

    The major television networks urged the Ninth Circuit on Monday overturn a ruling that said college athletes must be paid for use of their images, calling that concept “fundamentally incompatible with basic freedoms to present events of interest to the public.”

  • November 24, 2014

    Lowenstein Nabs DOJ Antitrust Vet To Beef Up DC Office

    Lowenstein Sandler LLP has named a U.S. Department of Justice veteran to its antitrust and trade regulation practice in Washington, D.C., bolstering the firm’s ability to provide mergers and acquisitions counsel to private equity, hedge fund and venture capital clients.

  • November 24, 2014

    Retailers Defend Cert. Bid In Flash Memory Antitrust Suit

    A proposed class of retailers accusing SanDisk Corp. of using its patents to monopolize the flash memory industry on Friday urged a California federal judge to support class certification, saying SanDisk’s arguments against it are based on the company’s own fabricated “straw man.”

  • November 24, 2014

    Honigman Says Blue Cross DQ Motion Is 'Baseless'

    Honigman Miller Schwartz & Cohn LLP told a Michigan federal court Friday that Blue Cross Blue Shield of Michigan’s bid to get the firm booted from antitrust litigation against the insurer is “completely baseless” and denied that its loyalties are divided between clients with adverse claims.

  • November 24, 2014

    Boeing Subcontractor Gets 15 Months In Kickback Case

    A Missouri federal judge sentenced the owner of aerospace machine shop J.L. Manufacturing to 15 months in prison on Friday for his role in a scheme to buy insider information from a former Boeing Co. procurement officer to land a share of about $3.5 million in military contracts.

  • November 24, 2014

    AstraZeneca Can't End Nexium Pay-For-Delay Trial

    A Massachusetts federal judge on Monday refused to allow AstraZeneca PLC and Ranbaxy Inc. to end a pay-for-delay trial over the heartburn drug Nexium, saying the case should go before a jury, while Teva Pharmaceutical Industries Ltd. opted to settle with the plaintiffs.

  • November 24, 2014

    Apple Says Jury Can't Weigh iTunes Update Antitrust Motives

    Apple Inc. urged a California federal judge not to tell the jury overseeing a looming antitrust class action trial to consider Apple's motives for updating its iTunes software — which plaintiffs say shut out digital-music competitors — arguing that the jurors should only weigh whether it was a “genuine product improvement.”

  • November 24, 2014

    Aluminum MDL Plaintiffs May Refer To Critical Senate Report

    Aluminum buyers seeking to revive claims that JPMorgan Chase & Co., Goldman Sachs Group Inc. and others manipulated supply to inflate prices can reference recent U.S. Senate findings about the banks' roles in commodities markets in upcoming briefings, a Manhattan federal judge said Monday.

  • November 24, 2014

    Foam Cos. Want High Court To Weigh Class Cert. Standards

    A group of polyurethane foam manufacturers and sellers accused in multidistrict litigation of participating in a price-fixing conspiracy have urged the U.S. Supreme Court to reverse a Sixth Circuit order upholding certification of two purchaser classes, saying that a circuit split exists regarding certification standards.

  • November 24, 2014

    KBR Granted Reprieve On Whistleblower Doc Turnover Order

    A D.C. federal court has granted a reprieve to defense contractors KBR Inc. and Halliburton Co. in a long-running discovery fight, saying Monday it won't force the two to hand over their documents to a whistleblower alleging kickback activity in Iraq before it addresses a motion for reconsideration.

  • November 21, 2014

    DC Circ. Bars Disclosure Of Contracts In Comcast, AT&T Deals

    The D.C. Circuit on Friday barred the Federal Communications Commission from requiring companies to disclose the details of their programming contracts in the agency's review of Comcast Corp.’s proposed merger with Time Warner Cable Inc. and AT&T’s pending deal for DirecTV.

  • November 21, 2014

    Bondholders Assert Appeal Rights In Libor Fixing Case

    Bondholders seeking to revive antitrust claims in multidistrict litigation against several major banks for allegedly rigging the London Interbank Offered Rate told the U.S. Supreme Court that a district court’s dismissal of their claims allows them the right to an immediate appeal without waiting for broader MDL litigation to conclude.

  • November 21, 2014

    Delta Facing $1.8M Sanctions In Baggage Price-Fixing Suit

    A Georgia special master on Friday recommended that Delta Air Lines Inc. pay $1.8 million to plaintiffs for failing to send over all relevant evidence during discovery in a putative class action accusing the airline and AirTran Airways Inc. of colluding to fix baggage fees. 

  • November 21, 2014

    Nexium Pay-For-Delay Plaintiffs Can't Prove Conspiracy

    A Massachusetts federal judge on Friday narrowed the plaintiffs’ theories in a pay-for-delay trial against AstraZeneca PLC and two generic producers over the heartburn drug Nexium, ruling there wasn’t enough evidence to find that the generic companies had conspired together.

  • November 21, 2014

    Pandora Isn’t Guaranteed Access To BMI’s Songs, Judge Says

    A New York federal judge on Friday rejected a bid by Pandora Media Inc. to preserve its access to BMI's music catalog regardless of the outcome of a licensing fee trial, denying the Internet radio giant a "license in effect" because it would tie the hands of intervening music publishers including Sony/ATV, among other reasons.

  • November 21, 2014

    $590M LBO Settlement Filed In Error, Judge Says

    A Massachusetts federal judge on Friday vacated a set of electronic orders granting final approval to $590 million in settlements in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and several other private equity firms teamed up to keep leveraged buyout prices low, just hours after issuing a set of orders approving the settlement and a request for attorneys’ fees.

  • November 21, 2014

    Antitrust Professors Back NCAA Appeal Of Athlete Pay Ruling

    Antitrust professors from law schools at 13 universities on Friday urged the Ninth Circuit to reverse a finding that the National Collegiate Athletic Association broke antitrust law by barring compensation for college athletes for the use of their names, images and likenesses, saying the ruling turns courts into regulators.

  • November 21, 2014

    Apple's $450M E-Books Settlement OK'd

    A New York federal judge on Friday granted final approval to Apple Inc.’s $450 million settlement with consumers over claims it conspired with publishers to raise e-book prices, a deal that includes a $30 million award for the plaintiffs’ lawyers.

  • November 21, 2014

    Fed Examining Stricter Rules For Bank Commodity Operations

    The Federal Reserve is considering additional rules for bank holding companies trading in commodities after the major investment banks built up dangerously large positions in commodities since the financial crisis, according to Fed governor Daniel K. Tarullo's testimony Friday before the U.S. Senate's Permanent Subcommittee on Investigations.

Expert Analysis

  • EU Tax Rulings For Companies Threatened By State Aid Law

    Salome Cisnal de Ugarte

    With European Commission probes and the recent "Lux Leaks" revelations, international companies that have benefited from tax rulings issued anywhere in the European Union face more than tax law risks — they also risk the enforcement of EU competition law and in particular, EU state aid control, say attorneys with Crowell & Moring LLP.

  • DOJ Is Moving Away From The Halliburton Opinion

    Charles Duross

    The U.S. Department of Justice recently issued its second Foreign Corrupt Practices Act opinion release of 2014. The DOJ's conclusion that the acquisition of a company does not create FCPA liability where none existed before is both unsurprising and entirely consistent with the FCPA resource guide, but perhaps more interesting than what the DOJ said is what the DOJ did not mention — the Halliburton opinion, say attorneys with Morri... (continued)

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Halliburton, Baker Hughes Prepared For Antitrust Scrutiny

    Dionne Lomax

    The Halliburton-Baker Hughes merger agreement is an illustrative example of various antitrust risk-shifting mechanisms. Meanwhile, Halliburton’s agreement to pay a substantial breakup fee could be an indication that it is confident the deal can secure antitrust clearance, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Voluntary Disclosure: The Continuing FCPA Debate

    Michael Volkov

    In the absence of a defined benefit that a company can earn from voluntary disclosure, Foreign Corrupt Practices Act practitioners are left to guess the exact benefit or range of outcomes that could result. Some have dusted off an old proposal to address this issue — adoption of a corporate leniency program similar to that used by the Antitrust Division. The proposal has no merit, says Michael Volkov of The Volkov Law Group LLC.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • The DOJ's Drastic Remedy For Gun-Jumping

    Barbara T. Sicalides

    For the first time since 2010, the U.S. Department of Justice's Antitrust Division, as part of a settlement, required a disgorgement remedy in a civil antitrust action, and made a point of predicting that disgorgement would deter parties from engaging in anti-competitive conduct during the pendency of a transaction often known as “gun-jumping,” say Barbara Sicalides and Isla Long of Pepper Hamilton LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.