Competition

  • March 2, 2015

    Capital One Can Pursue Intellectual Ventures In Antitrust Case

    A Maryland federal judge on Monday allowed Capital One Financial Corp. to pursue antitrust counterclaims in Intellectual Ventures LLC’s mobile banking patent infringement suit, ruling the bank sufficiently alleged Intellectual Ventures cornered the market for financial services patents.

  • March 2, 2015

    High Court May Blunt Favored Anti-Corruption Weapon

    The U.S. Supreme Court’s decision to hear an appeal by a Baltimore police officer convicted of taking kickbacks could make it more difficult for prosecutors to charge people who bribe public officials under the Hobbs Act, a favored tool in state and local corruption cases.

  • March 2, 2015

    Judge Nixes MLB Bid To Link San Jose, Minor Leaguer Suits

    A class action against Major League Baseball over pay for minor leaguers and an antitrust suit over the relocation of the Oakland Athletics have little in common other than involving the baseball antitrust exemption, a California federal judge said Monday in denying a request from the MLB to relate the two disputes.

  • March 2, 2015

    BofA’s Libor Defenses 'Smack Of Arrogance,' Lenders Say

    The Berkshire Bank and others representing a proposed class of lenders who claim they were harmed when Bank of America Corp. and other banks allegedly rigged the London Interbank Offered Rate urged a New York federal judge Monday to reject a dismissal motion, saying the defendants’ arguments “smack of arrogance.”

  • March 2, 2015

    2 Mental Health Workers Get 6 Years In $63M Fraud Case

    A Florida federal judge has sentenced two former employees of a defunct Miami mental health care provider to six years each in prison for their roles in a $63 million Medicare and Medicaid fraud and kickback scheme, the Department of Justice announced on Friday. 

  • March 2, 2015

    UFC Goes For The Knockout In Fighters' Antitrust Action

    The company behind the Ultimate Fighting Championship on Friday slammed an antitrust putative class action filed by its fighters, saying claims that the UFC's exclusive deals with its mixed martial artists violate antitrust laws are "implausible" and that the contracts do more to encourage competition than suppress it.

  • March 2, 2015

    1-800-Flowers Countersues Edible Arrangements In IP Fight

    1-800-Flowers.com Inc. launched an antitrust countersuit against Edible Arrangements LLC in Connecticut federal court on Friday accusing the cut-fruit retailer of anti-competitive conduct by using fraudulently obtained trademark registrations to enforce trademarks for generic terms, in violation of federal law covering fair use.

  • March 2, 2015

    Judge Koh Nears OK Of $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Monday signaled she would preliminarily approve a $415 million settlement to end the high-profile antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each other’s software engineers, months after rejecting a $325 million deal as too small.

  • March 2, 2015

    Costco Says J&J Blocked Contact Lens Discounts

    Discount retailer Costco Wholesale Corp. hit Johnson & Johnson’s contact lens unit with an antitrust suit on Monday in California federal court, alleging that it is creating pricing floors for Acuvue lens in order to stifle competition.

  • March 2, 2015

    Magnesite Buyers Say They Have Standing In Antitrust Case

    Purchasers of magnesite told a New Jersey federal judge Friday that they have standing to proceed with their long-running antitrust class action accusing China-based manufacturers of the mineral of engaging in a price-fixing cartel, fighting a bid to toss their amended complaint.

  • March 2, 2015

    High Court Told SuperValu Antitrust Case May Chill Deals

    The Food Marketing Institute has urged the U.S. Supreme Court to take up an appeal to nix an antitrust suit challenging a noncompete pact in a transaction between SuperValu Inc. and C&S Wholesale Grocers Inc., saying the case threatens to chill deal making in the grocery industry.

  • March 2, 2015

    High Court Won't Hear Foam Makers' Class Cert. Appeal

    The U.S. Supreme Court on Monday turned aside an appeal from a group of polyurethane foam manufacturers and sellers that had sought to reverse a Sixth Circuit order upholding the certification of two purchaser classes in multidistrict litigation alleging a price-fixing conspiracy.

  • March 2, 2015

    High Court To Weigh Conspiracy In Police Kickback Scheme

    The U.S. Supreme Court has agreed to hear an appeal from a Baltimore police officer convicted for his role in a kickback scheme, who argues that in order to sustain a conspiracy charge, the government must allege the conspirators agreed to obtain property from someone outside the conspiracy.

  • February 27, 2015

    LA Renews JPMorgan, Citigroup, BofA Redlining Suits

    The City of Los Angeles moved its discriminatory lending fight against JPMorgan Chase & Co., Bank of America Corp. and CitiGroup Inc. to California state court on Friday, lodging new complaints against the banks weeks after a federal judge found he lacked jurisdiction over the allegations.

  • February 27, 2015

    Ex-NJ Power Broker Can't Kill Surprise Testimony In Trial

    Former New Jersey Democratic power broker Joseph A. Ferriero on Friday failed to nix damaging, surprise testimony in his bribery and racketeering trial from a onetime mayor who said the attorney pressured him to raise political funds as contrition for seeking a legislative seat without his permission.

  • February 27, 2015

    Quinn, Boies Get $52M Fees From Foam Antitrust Settlements

    A federal judge approved on Thursday settlements Legget & Platt Inc. and Carpenter Holdings Inc. inked with foam buyers and $52 million in attorneys' fees and costs for Quinn Emanuel Urquhart & Sullivan LLP and Boies Schiller & Flexner LLP counsel as a trial in the multidistrict price-fixing litigation looms just over a month away.

  • February 27, 2015

    2nd Circ. Agrees To Keep Aluminum Antitrust Appeal Paused

    The Second Circuit on Thursday agreed to sit on an appeal by a group of aluminum users while the district court considers whether to accept new pleadings in their antitrust suit against Goldman Sachs Group Inc., JPMorgan Chase & Co. and others.

  • February 27, 2015

    Actavis Fights For Earlier 2nd Circ. Date In Antitrust Suit

    Actavis PLC urged the Second Circuit Thursday to hear its appeal of an injunction forcing the company to continue making an older version of dementia treatment Namenda by mid-March, saying the May oral arguments date the clerk's office proposed would be too late to protect its rights for the drug.

  • February 27, 2015

    Revolving-Door Roundup: Paul Weiss, DLA Piper, Cadwalader

    This month's roundup of attorney moves between the public and private spheres includes two U.S. attorneys landing partnerships at major firms — the second and third this year, for those keeping count — and a New York assistant U.S. attorney who secured a senior counsel position at Bill Ackman's private equity firm.

  • February 27, 2015

    Pols Introduce Bill To Stop FCC Preemption Of State Laws

    Republican legislators on Thursday introduced a bill to block a Federal Communications Commission decision overriding state laws in Tennessee and North Carolina that restrict towns from expanding municipal Internet service, a move the FCC said would increase competition.

Expert Analysis

  • Swipe Fee Litigation Isn’t Over Yet

    Barkley Clark

    It is premature for U.S. bank issuers to claim a complete victory in the debit card swipe fee litigation based on the U.S. Supreme Court’s recent denial of certiorari in NACS v. Board of Governors of the Federal Reserve System. The D.C. Circuit left one bone to pick with the Federal Reserve Board, say Barkley Clark of Stinson Leonard Street LLP and Barbara Clark of the Commercial Law Institute.

  • German Ruling Won't Reduce EU Cartel Damage Litigation

    Johan Ysewyn

    While the Dusseldorf regional court's recent ruling upholding a 2013 ruling against antitrust claims aggregation vehicle Cartel Damages Claims is good news for prospective defendants in that it makes group actions in Germany more difficult, it must be measured against the general European picture of increasing litigation and the increasing attractiveness of other venues like England, say attorneys with Covington & Burling LLP.

  • Takeaways From High Court's NC Dental Opinion

    Amy Paul

    The U.S. Supreme Court's message in North Carolina State Board of Dental Examiners v. Federal Trade Commission is clear — the actions of active market participants cannot be cloaked as government action merely because a state has established a regulatory board to oversee the industry in which they participate, say attorneys with Ropes & Gray LLP.

  • FCC Adopts Net Neutrality Regulations — What Lies Ahead?

    John Beahn

    If allowed to stand, the Federal Communications Commission's revised network neutrality regulations will have far-reaching implications for the telecommunications, media, content, Internet and technology industries. One of the first decisions that net neutrality opponents will need to make is whether to seek a judicial stay of the order and the regulations, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • UN Africa Report Reveals Startling Illicit Financial Flows

    Stephanie Keene

    A new, comprehensive report concludes that Africa loses more than $50 billion every year to illicit financial flows. African states are likely to devote increasing resources to the passing of new legislation concerning trade mispricing, transfer pricing and financial transparency obligations in the future, says Stephanie Keene of Covington & Burling LLP.

  • Sheldon Silver May Be Able To Beat This

    Edward J. Loya Jr.

    As difficult as the corruption case against former New York State Assembly Speaker Sheldon Silver might seem, a closer review suggests that Silver and his lawyers may have a shot at a successful defense — particularly in light of the fact that the government at this stage cannot present the testimony of a single witness who has pled guilty to participating in the alleged unlawful “schemes,” says Edward J. Loya Jr., counsel at Venab... (continued)

  • Legal Departments Are Ramping Up Revenue Searches

    Daniel A. Sasse

    Companies today operate under intense cost and competitive pressures. That reality is driving many legal departments to not only defend cases, but to also get involved in recovering money owed to the company through legal action. And as they do so, they are likely to keep casting a wider net, say Daniel Sasse and Deborah Arbabi of Crowell & Moring LLP.

  • Bankers Beware: OCC Encourages Small Banks To Collaborate

    Douglas Faucette

    The Office of the Comptroller of the Currency's recent paper strongly encouraging community banks to collaborate warns, almost in passing, that the suggested collaboration may run afoul of federal and state antitrust laws. This warning deserves considerable attention, say attorneys with Locke Lord Edwards LLP.

  • In-House Counsel's Dirty 'Little' Secret: Data Leakage

    Jennifer Topper

    Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

  • 6 Lessons From 9th Circ. St. Luke's Decision

    Meytal McCoy

    Although it focuses specifically on a health care acquisition, the Ninth Circuit's recent decision in St. Alphonsus Medical Center v. St. Luke’s Health System is instructive on a broad range of antitrust issues, says Meytal McCoy of Mayer Brown LLP.