Competition

  • July 30, 2014

    Killers Purportedly Want In On Apple, Google Anti-Poach Row

    The massive antitrust class action accusing Apple Inc., Google Inc. and other tech giants of illegally agreeing not to poach employees took a bizarre twist Wednesday when the court entered a motion purporting to be from a slew of convicted and accused mass murderers seeking to intervene as plaintiffs.

  • July 30, 2014

    Forex Investors Say Record Justifies Big-Bank Cartel Suits

    Investors accusing JPMorgan Chase & Co., Bank of America Corp. and other large banks of manipulating foreign exchange rates on Tuesday pushed back against a collective bid to quash the lawsuits, saying the financial institutions are breezing over the extensive public record documenting the fraud.

  • July 30, 2014

    French Regulators Challenge $23B Altice, SFR Deal

    French antitrust regulators announced Wednesday that they have opened an investigation into Altice Group's planned $23.3 billion acquisition of telecom unit SFR from Vivendi Group — one of several recent mega-deals consolidating the global media landscape — to examine whether the merger will stifle competition.

  • July 30, 2014

    MIT Economist To Join DOJ Antitrust Division

    The antitrust division of the U.S. Department of Justice said on Wednesday that it has selected a Massachusetts Institute of Technology economics professor to serve as its deputy assistant general for economic analysis.

  • July 30, 2014

    Pa. Medical Suppliers Can't Duck Antitrust Class Action

    A Pennsylvania federal judge on Wednesday refused to entirely throw out a putative class action against medical supply companies Cardinal Health Inc. and Owens & Minor Inc., keeping alive antitrust injury claims but tossing allegations of conspiracy and unlawful monopolization.

  • July 30, 2014

    Cephalon Can't Fight IP Battle In FTC Pay-For-Delay Suit

    A Pennsylvania federal judge ruled Tuesday that Cephalon Inc. cannot make arguments about the strength of a Provigil patent in the Federal Trade Commission's pay-for-delay suit against the drugmaker because of an earlier trial finding the patent invalid and unenforceable.

  • July 30, 2014

    Huntsman Chases EU Approval For $1.1B Rockwood Biz Buy

    Texas-based chemical giant Huntsman Corp. has proposed another set of concessions to the European Commission’s competition authorities, in an effort to snag their approval for the company’s proposed $1.05 billion acquisition of two chemical businesses from Rockwood Holdings Inc.

  • July 30, 2014

    DOJ Forces Sale In $330M PE-Backed Aviation Merger

    The U.S. Department of Justice on Wednesday ordered Landmark Aviation to shed service operations at an Arizona airport as a condition of its $330 million acquisition of rival Ross Aviation in order to resolve competition problems with the deal.

  • July 30, 2014

    Apple, States Can't Agree On Changes To E-Books Deal

    Apple Inc. and state authorities have been unable to strike a deal to modify a $450 million antitrust settlement of legal claims over Apple's e-books store, attorneys said Wednesday after the judge expressed concern that the deal may be unfair to consumers.

  • July 30, 2014

    EU Again Closes Swatch Antitrust Probe Without Fines

    The European Commission on Tuesday closed its investigation into whether Swatch Group AG and other luxury watch makers had thwarted competition by refusing to supply spare parts to independent repair shops, saying there was little chance of turning up an antitrust violation.

  • July 30, 2014

    Time Warner Unit Dodges Antitrust Suit Over Cable-Box Tying

    A Time Warner Inc. subsidiary on Tuesday escaped a proposed antitrust class action accusing the cable operator of illegally tying cable box rentals to its premium cable services, with a Kentucky federal judge finding that the plaintiffs hadn't provided enough evidence of the alleged practice.

  • July 30, 2014

    Bosch Releases Trico From Suit Over Wiper Trade Secrets

    Windshield-wiper maker Robert Bosch LLC said Wednesday that it had reached a settlement releasing competitor Trico Products Corp. from its trade secrets suit against a former Bosch employee it claims stole confidential information when leaving the company to join Trico as an executive, according to a Wednesday filing in Virginia federal court.

  • July 30, 2014

    Class Arbitration A Question For Courts, 3rd Circ. Says

    In a precedential ruling, the Third Circuit determined Wednesday that whether an arbitration agreement permits classwide arbitration is a question for courts — not arbitrators — to decide, siding with Robert Half International Inc. in its challenge to an arbitrator's ruling that its agreements with former staffing managers allowed class proceedings. 

  • July 29, 2014

    China Food Co.'s Ex-Chairman Targeted In Bribery Probe

    A former chairman of the Chinese company that acquired a majority stake in England-based cereal maker Weetabix Ltd. is under investigation by Shanghai prosecutors for allegedly taking bribes during his earlier stints as an executive for Shanghai Friendship Group Inc. and Lianhua Supermarket Holdings Co. Ltd., according to the Shanghai Municipal Government website on Tuesday.

  • July 29, 2014

    Toshiba Can't Force Settlement Discovery In Price-Fixing MDL

    A California federal judge on Monday denied a bid by Toshiba America Information Systems Inc. to force several plaintiffs to fork over settlement agreements in multidistrict litigation over cathode ray tubes price-fixing, finding the discovery request was premature.

  • July 29, 2014

    Chinese Antitrust Watchdog Raids Microsoft Offices

    Chinese antitrust authorities on Monday raided Microsoft Corp.'s offices in the country based on concerns about interoperability issues related to the technology giant's popular Office software, officials said Tuesday.

  • July 29, 2014

    Belgian Shipper Wants DOD's False Claims Suit Dismissed

    Belgian shipper Gosselin Worldwide Moving NV and executive Mark Smet moved Tuesday to dismiss allegations the company submitted about 9,100 false claims under a military moving services contract, saying that the government hadn't proven that it had engaged in price-fixing that inflated contract costs.

  • July 29, 2014

    SEC's FCPA Crackdown Looms Over Small-Cap Cos.

    As the U.S. Securities and Exchange Commission makes good on its promise to crack down on violations of the Foreign Corrupt Practices Act, small publicly traded companies like Smith & Wesson Holding Corp. — which paid $2 million Monday to settle bribery charges — are struggling to balance the draws of emerging market expansion with the costs of American regulatory compliance.

  • July 29, 2014

    BP, Shell Blast Class's Crude Oil Manipulation Claims

    Morgan Stanley, Royal Dutch Shell PLC and others asked a New York federal to toss a consolidated class action in multidistrict litigation accusing them of manipulating crude oil futures, arguing that the plaintiffs can't point to specific antitrust conduct to back their claims.

  • July 29, 2014

    EU Approves $260M Aid For Struggling Polish Airline LOT

    The European Commission on Tuesday approved Poland’s plan to aid struggling airline LOT, the country’s flagship carrier, with €193.6 ($259.6 million) to support a restructuring program intended to stave off bankruptcy, ruling the money will not unduly distort competition.

Expert Analysis

  • The Caremark Standard At Issue In Wal-Mart Bribery Case

    Celia Taylor

    The Delaware Supreme Court could use the ongoing Indiana Electrical Workers Pension Trust Fund IBEW v. Wal-Mart Stores case — related to alleged bribery by Wal-Mart's Mexican affiliate — as an opportunity to revisit and clarify the Caremark standard of corporate board obligations, says Celia Taylor of Sturm College of Law at the University of Denver.

  • Different Health Care M&A Get Same Rigorous FTC Scrutiny

    Michael W. King

    When considering health care M&A deals, note that the Federal Trade Commission has not ruled out challenging vertical health care mergers despite its indication that horizontal mergers pose a greater anti-competitive risk, say attorneys at Brownstein Hyatt Farber Schreck LLP.

  • EU Fires Warning Shot Against Gun-Jumping In M&A

    Sebastian Jungermann

    The European Commission recently imposed a $26.9 million file on Marine Harvest ASA for acquiring its rival Morpol ASA without receiving prior authorization under the EU Merger Regulation, once again highlighting the EC’s determined efforts to significantly fine companies that do not comply with the standstill obligation of the EU competition merger rules, say Sebastian Jungermann and Jens Steger of Kaye Scholer LLP.

  • Death Rattle For Unfinished Business Claims?

    Angelo G. Savino

    In a departure from Jewel v. Boxer, the decisions in the cases of Thelen LLP and Heller Ehrman LLP reflect a shift in the manner by which courts treat trustees’ claims for post-dissolution fees, say Angelo Savino and Julie Moeller Albright of Cozen O'Connor.

  • And Now A Word From The Panel: Top 10 Venue Arguments

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to the “Heart of America” for its July 31 hearing, this column will take a bit of a detour from its regular format and present a top 10 list of arguments — some strange, yet true — made in support of a particular MDL venue, says Alan Rothman of Kaye Scholer LLP.

  • An FTC Reminder On Communicating With Competitors

    Scott Perlman

    The Federal Trade Commission's recent settlement with two leading online barcode resellers over violations of Section 5 of the FTC Act provides a warning that even when the FTC cannot prove an agreement to fix prices or allocate customers it still may seek relief, say Scott Perlman and Matthew Tabas of Mayer Brown LLP.

  • UK Bribery Act Turns 3 — Not A Time For Complacency

    Raymond Sweigart

    Despite the announcements and commentary that the U.K. Bribery Act of 2010 heralded a new and aggressive face toward corporate corruption, there have as yet been no corporate prosecutions brought under the act. But it would be perilous in the extreme to think it is business as usual when it comes to prosecuting corruption, says Raymond Sweigart of Pillsbury Winthrop Shaw Pittman LLP.

  • DOD Annual Report May Affect Antitrust Reviews

    Jon Dubrow

    A recent U.S. Department of Defense study provides data the DOD interprets as showing that the presence of competition improves contracting outcomes for the government, and it has implications for future antitrust analysis applied to mergers, acquisitions and teaming agreements, says Jon Dubrow of McDermott Will & Emery LLP.

  • Amid M&A Uptick, Bidders Must Heed UK Code Changes

    Ilan Kotkis

    Potential bids by U.S. suitors for U.K. target companies in the pharmaceutical and health care sectors seem to be a recurring theme this year

  • Generic Drugs At 30: Fulfilling The Promise And Path Ahead

    Alan Klein

    Although challenges remain for generics, it is clear at the 30-year mark that the promise of Hatch-Waxman has been realized, quite possibly beyond the dreams of Senator Orrin Hatch and Congressman Henry Waxman, say Alan Klein and Solomon David of Duane Morris LLP.