Competition

  • July 22, 2014

    US Foods Accuses Ex-Managers Of Conspiring With Rival

    US Foods Inc. on Monday sued rival Latina Boulevard Foods LLC and former employees in Illinois federal court, alleging that Latina poached US Foods managers, who shared their former employer's trade secrets and conspired to snatch away its customers.

  • July 22, 2014

    'We Don't Compete On Price,' AmEx Exec Testifies

    An American Express executive testified Tuesday during the government’s antitrust trial against the credit card company that the company does not compete on cost and seeks a premium rate from merchants for the additional business it brings them.

  • July 22, 2014

    Panasonic, Samsung Accused Of 9-Year Price-Fixing Scheme

    Panasonic Corp. and a slew of other companies were hit with yet another class action in California federal court on Tuesday accusing them of conspiring to fix prices on a key component of electrical circuits over almost a decade.

  • July 22, 2014

    Propane Cos. Hit With Another Price-Fixing Class Action

    AmeriGas Partners LP and Ferrellgas LP were hit a proposed class action in Kansas federal court Monday for allegedly engaging in a de facto price-fixing scheme by reducing the amount of propane in tanks without changing the price, marking at least the third such suit this month over such claims.

  • July 22, 2014

    Benihana Scores Double Win In Trademark, Libel Suits

    Private equity-owned Japanese restaurant chain Benihana Inc. escaped two separate suits Tuesday after a Delaware federal judge agreed to dismiss both Benihana of Tokyo Inc.'s claims that it violated a merger agreement with foreign trademark applications and a defamation suit lodged by the restaurant founder's widow.

  • July 22, 2014

    AT&T-Verizon Class Arbitration Appeal Called Improper

    Plaintiffs accusing AT&T Mobility LLC, Verizon Wireless and others of engaging in an anti-competitive bulk commercial text message conspiracy urged a New York federal judge on Monday to not stay the proceedings, arguing the carriers improperly appealed the applicability of class arbitration to the Second Circuit.

  • July 22, 2014

    Developer Fights Dismissal of NJ Grocery Monopoly Suit

    A real estate developer who has accused the owner of several ShopRite locations of trying to monopolize the market for grocery stores in an area of New Jersey shot back at a dismissal bid Monday, arguing the company has properly asserted antitrust and conspiracy claims.

  • July 22, 2014

    Vitamin C Makers Tell 2nd Circ. To Uphold Chinese Law

    North China Pharmaceuticals Group Corp. and HeBei Welcome Pharmaceuticals Co. on Monday told the Second Circuit that reversal of a verdict against them in a vitamin C price-fixing class action was necessary because the purchasers who brought the suit admitted that the companies’ coordination was required by Chinese law.

  • July 22, 2014

    Loblaw Sells 4 Stores In Antitrust Deal For $12B Drugstore Buy

    Canada's antitrust watchdog on Monday approved Loblaw Cos. Ltd.’s sale of four of its grocery stores and the licensing of nine pharmacies as part of an agreement for the grocery giant’s CA$12.3 billion (US$11.5 billion) acquisition of Shoppers Drug Mart.

  • July 21, 2014

    Kilpatrick Snags IP, Employment Experts From K&L Gates

    Kilpatrick Townsend & Stockton LLP said Monday it has lured two lawyers from K&L Gates LLP with expertise in intellectual property, employment and competition matters, as well as class actions, to round out its California office in Silicon Valley.

  • July 21, 2014

    AmEx Steers Clear Of Top Rates, Exec Testifies

    American Express Co.'s head of merchant pricing testified at the government's antitrust trial against the credit card company on Monday in New York federal court that even though AmEx estimates how high it could raise rates before retailers stop accepting its cards, they would never go that high.

  • July 21, 2014

    Two UPC Resellers Settle With FTC Over Price-Fixing Scheme

    Two resellers of UPC barcodes have settled with the Federal Trade Commission over charges that they violated federal law by inviting competitors to participate in a price-fixing scheme involving barcodes sold online, the FTC announced Monday.

  • July 21, 2014

    Keep Norton Rose On Pamlab Unfair Comp Row, Judge Says

    A Florida magistrate judge on Friday urged the court to deny Virtus Pharmaceuticals LLC's attempt to block Norton Rose Fulbright from representing Nestle Health Science-Pamlab in its unfair competition suit seeking to keep Virtus from selling some of its prescription products, saying the company failed to show compelling evidence.

  • July 21, 2014

    Hong Kong Antitrust Watchdog Pulls CEO From EU Ranks

    Hong Kong has named a longtime antitrust attorney in Canada and Europe as CEO of its new Competition Commission, the agency announced Monday.

  • July 21, 2014

    Ex-Boeing Officer Pleads Guilty In Defense Kickback Scheme

    Former Boeing Co. procurement officer Deon Anderson pled guilty Friday in Missouri federal court on five charges of fraud relating to his selling of insider information to help aircraft parts manufacturers land about $3.5 million worth of military contracts.

  • July 21, 2014

    Egg Suppliers Fight Doc Production In Price-Fixing MDL

    Food producers in multidistrict litigation accusing them of conspiring to fix egg prices shot back at purchasers' bid to obtain privileged documents regarding whether the defendants believed they were complying with antitrust law, arguing Friday that Third Circuit precedent shields them from having to produce the material.

  • July 21, 2014

    Apotex 'Thumbing Its Nose' At Paxil Bar, Mylan Says

    Generic-drug maker Mylan Inc. has alleged that rival Apotex Inc. continues to sell generic Paxil CR in violation of Mylan’s exclusivity agreement with GlaxoSmithKline PLC, despite a New Jersey federal judge’s order five days ago barring GSK from supplying Apotex with the drug.

  • July 21, 2014

    Australian Regulator Says RBS Manipulated Swap Rate

    Australia’s securities regulator on Monday censured the Royal Bank of Scotland PLC after the bank found evidence that certain traders tried to manipulate the Australian Bank Bill Swap Rate in order to benefit its derivative positions.

  • July 21, 2014

    Circuit Board Parts Were Artificially Priced, Buyers Claim

    Panasonic Corp. along with units of Hitachi Ltd. and Samsung Electronics Co. Ltd. were slapped with an antitrust class action in California federal court Friday alleging they participated in a decade-long conspiracy to fix prices on electronic circuit board components.

  • July 21, 2014

    Family Defense Contractor Pleads Guilty To $10M DOD Fraud

    The owner of an Oregon defense contractor and his sons pled guilty to fraud on Friday in Oregon federal court in connection with vehicle parts contracts for the U.S. Department of Defense, according to a U.S. Department of Justice statement.

Expert Analysis

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • Lessons From Omnicare Settlement In 'Swapping' Cases

    Katherine A. Lauer

    The Omnicare settlements, while not adding to the substantive case law, do demonstrate that these swapping cases will likely become more common in the coming years as more qui tam relators are tempted by these and other large settlements, say Katherine Lauer and Amy Hargeaves of Latham & Watkins LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • Ambiguities Remain Despite 9th Circ. AU Optronics Ruling

    Robert E. Bloch

    Unfortunately, the Foreign Trade Antitrust Improvements Act does not provide much guidance on how “direct” an effect on U.S. commerce must be for it to come within the scope of the Sherman Act, and subsequent case law — including the recent Ninth Circuit AU Optronics ruling — has not settled the issue, say attorneys with Mayer Brown LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.