Competition

  • July 2, 2015

    Brazil's Antitrust Watchdog Probes 15 Banks Over Forex Cartel

    Brazil's antitrust enforcer said Thursday said it is investigating Barclays PLC, JPMorgan Chase & Co. and 13 more of the world's top banks plus 30 individuals for participating in an alleged cartel that manipulated foreign exchange rates.

  • July 2, 2015

    FTC Litigation Team Talks Strategy For Sysco Merger Win

    The Federal Trade Commission recently notched its latest merger litigation win with a ruling blocking Sysco Corp.'s bid for rival US Foods Inc. Here, the FTC's co-lead trial counsel talk exclusively with Law360 about how they balanced the evidence, viewed a proposed antitrust fix as a positive and the rest of their strategy for the case.

  • July 2, 2015

    AT&T Offers Discounted Broadband In FCC Merger Talks

    AT&T Inc. laid out plans for the discounted broadband service for low-income consumers sought by Federal Communications Commissioner Mignon Clyburn as the agency reviews the company’s proposed purchase of DirecTV, a filing posted Thursday showed.

  • July 2, 2015

    FCC Asks Video Providers To Paint Market Landscape

    The Federal Communications Commission has plied members of the video content industry to show their hands when it comes to their consumer data, current technologies and business arrangements, as the agency prepares an upcoming report on the state of competition in the video market, according to a comment solicitation released Thursday.

  • July 2, 2015

    US Asks Switzerland To Extradite Arrested FIFA Officials

    The United States on Wednesday asked Switzerland to hand over seven high-level FIFA officials arrested on corruption charges in a dawn raid of the officials’ hotel in Zurich in May ahead of the global soccer governing body’s congress.

  • July 2, 2015

    Judge Nixes Lupin Pay-For-Delay Suit Against Alaska AG

    Alaska's attorney general on Thursday fought off Lupin Ltd.'s bid to block the state from forcing the generic drug manufacturer to turnover materials about alleged pay-for-delay settlements for Loestrin and Effexor, convincing a Maryland federal judge to toss the case.

  • July 2, 2015

    Airlines Hit With Price-Fixing Suit Amid DOJ Probe

    Just hours after the U.S. Department of Justice on Wednesday confirmed it is investigating several unnamed airlines for unlawful collusion, a group of ticket purchasers launched a putative class action against Delta Airlines Inc. and three other carriers that were reported to be in the federal government's crosshairs.

  • July 1, 2015

    Aetna Gets Claims Trimmed From Reimbursement Row

    A New Jersey federal judge on Tuesday dismissed antitrust, Employee Retirement Income Security Act and other claims from a class action accusing Aetna Inc. of using rigged price schedules to underpay for out-of-network services, saying those claims weren't strong enough.

  • July 1, 2015

    DOJ Probes Possible Airline Pricing Collusion

    The U.S. Department of Justice confirmed Wednesday that it is investigating a potential collusion within the airline industry but declined to specify which carriers it has targeted.

  • July 1, 2015

    Minor Leaguers Say MLB Not Safe From Antitrust Wage Suit

    A minor league baseball player who brought a putative class action accusing Major League Baseball and its clubs of suppressing minor leaguers’ compensation told a California federal court Tuesday that baseball's antitrust exemption does not allow the clubs' collusion to hold down minor league wages. 

  • July 1, 2015

    Consultant Linked To Dallas Bribery Scheme Pleads Guilty

    A consultant accused of helping funnel money to a powerful Dallas County commissioner as part of a long-running bribery scheme to obtain government contracts on Wednesday pled guilty to a conspiracy charge.

  • July 1, 2015

    Braskem Hit With Investor Class Action Over Petrobras Bribes

    Braskem SA's stock price was artificially inflated by bribes paid to Petrobras to ensure cheap raw material prices, investors said in a proposed class action filed Wednesday in New York federal court.

  • July 1, 2015

    S. Africa Tenatively Approves $571M Telecom Merger

    The Competition Commission of South Africa recommended Tuesday that the country’s Competition Tribunal approve a Vodafone Group PLC subsidiary’s acquisition of South African telecommunications company Neotel (Pty.) Ltd. in a deal valued at approximately 7 billion rand ($571 million).

  • July 1, 2015

    Feds Push For 6 Years In Ex-Contractor Exec’s Bribery Case

    Government prosecutors argued in Pennsylvania federal court Wednesday that former Lee Dynamics International CEO George H. Lee Jr. can't escape a recommended six-year prison sentence by claiming that the bribes he paid to secure millions of dollars in supply and warehouse contracts in Iraq were really gratuities.

  • July 1, 2015

    Judge Tosses ‘Delusional’ Racketeering Suit Targeting Obama

    A Louisiana federal judge on Tuesday refused to recuse herself and subsequently dismissed a racketeering suit accusing President Obama, past U.S. presidents and other officials of, among other things, murdering the plaintiff’s husband and laundering Medicare and Medicaid funds, calling the claims “delusional.”

  • July 1, 2015

    Ex-Daspit Atty Hits Back In Suit Over 'Stolen' Clients

    A former attorney of Houston personal injury firm Daspit Law Firm PLLC on Monday said the firm misrepresented his experience in a lawsuit accusing him of stealing client lists and other proprietary information in an attempt to siphon away business and start his own firm, in what he called an attempt to squash a would-be competitor.

  • July 1, 2015

    Pacquiao Promoter Joins Antitrust Fight With $100M Suit

    Fighter Manny Pacquiao’s boxing promoter became the second to accuse manager Al Haymon and investment firm Waddell & Reed Financial Inc. of trying to build a monopoly in the sport, according to a $100 million lawsuit filed in California federal court Wednesday.

  • July 1, 2015

    TracFone Agrees To Unlock Phones In FCC Settlement

    TracFone Wireless Inc. agreed to allow customers to eventually use its phones on other networks, and will pay a projected $3.2 million until it makes that happen in order to to resolve allegations it violated Federal Communications Commission rules, the agency's Enforcement Bureau said Wednesday.

  • July 1, 2015

    T-Mobile Pushes FCC To Change Spectrum Auction Reserve

    The upcoming spectrum incentive auction could mean a windfall for major carriers AT&T Inc. and Verizon Wireless if the Federal Communications Commission doesn't change the provisions allowing smaller carriers to compete, according to a Tuesday letter from T-Mobile USA Inc.

  • July 1, 2015

    Texas Co. Says It Faces Retaliation From AT&T Affiliate

    A Texas cable operator told the Federal Communications Commission that its negotiation for the right to carry a regional sports network owned by AT&T and DirecTV is a troubling sign of what’s to come if the proposed merger is approved, according to a letter posted Wednesday.

Expert Analysis

  • The CFPB's Real Message In Its 1st Administrative Appeal

    Ori Lev

    The message from the Consumer Financial Protection Bureau after its first administrative appeal is now clear — no matter what the amount of payments made for services rendered, any quid pro quo agreement in which one party receives business as a result of referring settlement service business to another party is a violation of the Real Estate Settlement Procedures Act, says K&L Gates LLP's Ori Lev, a former deputy enforcement direc... (continued)

  • Avoiding Compliance Red Cards After FIFA Scandal

    Jeff Severson

    Sports marketing companies were central to the criminal conduct described in the FIFA indictment, which raises issues about how both sports marketing companies and sponsors can avoid being taken advantage of and steer clear of entering into contracts with organizations that engage in bribery and corruption, say attorneys with Crowell & Moring LLP.

  • FTC's Sysco Merger Challenge Reflects Orthodox Approach

    Beau W. Buffier

    The Federal Trade Commission’s case against the Sysco-US Foods merger relied strongly on structural presumptions rooted in market shares and market concentration, reinforcing that agencies and courts continue to apply an approach that has changed little in decades and that is heavy on market definition, market shares and presumptions of anti-competitive effects, say attorneys with Shearman & Sterling LLP.

  • Franchising And The Internet: New Challenges In The EU

    Mark Abell

    Regardless of the European Union's recent e-commerce sector inquiries and digital single market strategy, it is not uncommon in practice to find restrictions in franchise agreements on Internet sales. However it is clear that various restrictions on Internet selling are all incompatible with — and likely to infringe — competition law, says Mark Abell of Bird & Bird.

  • The Recast Brussels Regulation And EU Gazprom Decision

    Serena Cooke

    By making it clear that the Gazprom case fell to be determined by the Brussels I Regulation and without reference to the Recast Regulation, and by failing to take the opportunity to revisit West Tankers in light of the Recast Regulation, the EU Court of Justice avoided addressing the most controversial aspect of Advocate General Melchior Wathelet's opinion — and has undoubtedly created future problems for itself, say Serena Cooke a... (continued)

  • Midpoint 2015: What To Expect From State AGs

    Joseph W. Jacquot

    Whether on competition in the solar energy market, oversight of professional occupations or the safety of electronic payment systems, businesses should proactively engage with state attorneys general as they fulfill their consumer protection role, says Foley & Lardner LLP's Joseph Jacquot, a former Florida deputy attorney general and chief of staff of the attorney general’s office.

  • The Top 3 New Do’s And Don’ts For Law Firm Websites

    Stephan Roussan

    In legal marketing circles, there are few topics peddled about more than “hot tips” for improving your law firm’s website. Google it. You’ll find more advice than you could ever digest. However, there are larger trends in technology, culture and user behavior that are impacting firms in very significant ways and are not being talked about nearly as much as they should be, says Stephan Roussan, founder of consulting and web developm... (continued)

  • A Few Lessons From FCPA Trial Of Ex-PetroTiger CEO

    Marsha Gerber

    The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.

  • Duke, UNC And Nonpoaching Agreements — What Not To Do

    Stephen Murphy

    If the consequences of poaching are as severe as Duke University and the University of North Carolina likely perceived when they agreed to forgo hiring each other’s medical facility faculty and staff, was there another way to deal with the problem without being exposed to antitrust liability? A little-known aspect of the 2011 Adobe final judgment offers hope for a more productive and less risky solution, say Stephen Murphy and Dary... (continued)

  • Calif. High Court's Cipro Decision Is Problematic

    Carl J. Schaerf

    Although the Supreme Court of California claims that its recent holding in Cipro “is in harmony with Actavis, which offered only broad outlines and explicitly left to other courts the task of developing a framework for analyzing the anti-competitive effects of reverse payment patent settlements,” there are significant differences between the two decisions that are very material from a client counseling standpoint, say Carl Schaerf ... (continued)