Competition RSS

  • April 24, 2014

    FCC Chief Says New Rules Won't 'Gut' Net Neutrality

    Federal Communications Commission Chairman Tom Wheeler on Thursday confirmed reports that he was introducing new net neutrality rules to replace regulations overturned in January, though he pushed back on claims that they'd be substantially weaker than the old rules.

  • April 24, 2014

    Waiting On FTC, Men's Wearhouse Extends Jos. A. Bank Offer

    Still waiting for regulators to approve its proposed $1.8 billion purchase of rival Jos. A. Bank Clothiers Inc., Men's Wearhouse Inc. said Thursday that it would yet again postpone the deadline for the target company's shareholders to throw their stock behind the deal.

  • April 23, 2014

    Judge Denies Apple's Bid To Halt E-Book Conspiracy Trial

    A New York federal judge on Wednesday denied Apple Inc.'s attempt to halt a damages trial and class notification in antitrust actions over its alleged conspiracy with publishers to fix e-book prices, after state attorneys general and Apple customers argued against the delays.

  • April 23, 2014

    Qualcomm Could Face SEC Suit Over China Bribes

    Qualcomm Inc. might be slapped with a U.S. Securities and Exchange Commission enforcement action over allegations that it bribed individuals associated with Chinese state-owned companies or agencies, the company disclosed Wednesday in a securities filing.

  • April 23, 2014

    Ryanair Can Appeal Order In Bid To Keep Aer Lingus Stake

    A U.K. competition court on Wednesday allowed Ryanair Holdings PLC to appeal an order requiring the airline sell off most of its nearly 30 percent stake in rival Aer Lingus Group PLC, finding that an appeals court should consider whether the divestiture could conflict with future decisions by European Union antitrust regulators.

  • April 23, 2014

    FCC To Introduce New Open Internet Rules

    The Federal Communications Commission will reportedly propose new net neutrality rules on Thursday that would allow content creators to pay Internet providers to guarantee faster access to consumers, replacing the regulations struck down by the D.C. Circuit in January.

  • April 23, 2014

    Sandisk Denies Retail Deals Created SD Card Monopoly

    Sandisk Corp. urged a California federal judge on Wednesday to toss accusations that Sandisk’s exclusive sales agreements with retailers created an illegal monopoly in the SD memory card market, arguing in the suit, which also disputes Sandisk's patent licensing, that the agreements don't prohibit other manufacturers from competing.

  • April 23, 2014

    Korean Antitrust Watchdog Calls Patents Top Priority

    South Korea's antitrust watchdog plans to focus its efforts on patent-related competition issues over the next year, including patent trolls, standard-essential patents and other potentially abusive intellectual property enforcement, a top official reportedly said Tuesday.

  • April 23, 2014

    AmEx Evidence Plan Would Muddy Antitrust Trial, DOJ Warns

    The U.S. Department of Justice on Tuesday accused American Express Co. of trying to "prolong and complicate" an upcoming trial in the government's antitrust case over the company's merchant policies by pushing to delay all battles over evidence admissibility until trial.

  • April 23, 2014

    3rd Circ. Upholds NJ Mayor's Corruption Conviction

    A belief that an official can influence a government decision, regardless of the official's formal power to do so, can support a Hobbs Act conviction for extortion under color of official right, the Third Circuit ruled Wednesday, upholding a guilty verdict against Hamilton Township, N.J.'s former mayor.

  • April 23, 2014

    FTC Greenlights $2B Facebook, Oculus Deal

    The Federal Trade Commission granted early termination to the required waiting period for Facebook Inc.’s $2 billion acquisition of Oculus Rift VR, the company developing a virtual reality headset, according to a brief notice Wednesday.

  • April 23, 2014

    Goldman Says Aluminum Antitrust MDL Plaintiffs Can't Sue

    Goldman Sachs Group Inc., JPMorgan Chase & Co., the London Metal Exchange and others accused of a conspiracy to raise aluminum prices asked a New York federal court Wednesday to toss the suit, saying the plaintiffs lacked standing to make antitrust claims because they didn't participate in the allegedly restrained market.

  • April 23, 2014

    Deals Rumor Mill: Charter, Eni, Carlo Tassara

    Charter Communications is closer to inking a deal to snag 1.5 million subscribers from Comcast as the cable giant looks to appease competition regulators before they review its $45.2 billion acquisition of Time Warner Cable, while Hungary’s MOL Group has snapped up more than 100 Czech gas stations from Italy’s Eni.

  • April 23, 2014

    Congressman Urges FTC To Take Action On Health M&A

    Rep. Jim McDermott, D-Wash., has asked the Federal Trade Commission to issue better guidance on potential antitrust issues raised by Affordable Care Act-inspired health care mergers, after a federal court agreed with the agency that hospital operator St. Luke's Health System Ltd. must divest itself of a recently acquired physician practice.

  • April 23, 2014

    Generic Cos. Seek To Appeal Androgel Dismissal Denial

    Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. on Tuesday moved to immediately appeal a ruling that they were not immune from the Federal Trade Commission's pay-for-delay antitrust claims under the Noerr-Pennington doctrine, even though a federal court signed off on the underlying patent settlement.

  • April 23, 2014

    Parts Supplier For Honda Hit With $20M Price-Fixing Fine

    The U.S. Department of Justice's ongoing antitrust probe of the auto parts industry barreled ahead on Wednesday as the agency announced that a supplier of steering systems to Honda Motor Co. Ltd. will plead guilty to price-fixing and bid-rigging and pay a $19.9 million criminal fine.

  • April 23, 2014

    EU Opens Probe Of Cemex-Holcim Merger In Spain

    The European Union's antitrust arm said Wednesday that it has launched an in-depth investigation into whether Mexico-based Cemex SAB de CV's planned acquisition of its Swiss rival Holcim Ltd.'s cement operations in Spain is in line with EU merger guidelines.

  • April 23, 2014

    $35B Omnicom-Publicis Merger Faces Tax, Antitrust Hurdles

    Omnicom Group Inc. is having trouble lining up the conditions to close its proposed $35.1 billion merger with Publicis Groupe SA, including securing a tax residency in the U.K. and approval from Chinese antitrust regulators, Omnicom's CEO said Tuesday.

  • April 23, 2014

    Former NYC Charity Execs Admit To Lengthy Kickback Scam

    Two former executives at a noted New York City charity on Wednesday pled guilty to taking part in a 20-year larceny, tax-dodging and kickback scheme that took cash from inflated insurance premiums and siphoned $9 million from the Metropolitan Council on Jewish Poverty.

  • April 23, 2014

    Whistleblower Looks To DQ Firm From Medicare Fraud Suit

    The relator behind a lawsuit accusing a Pacific Health Corp.-owned hospital of Medicare and Medicaid fraud in violation of the False Claims Act on Tuesday requested that a California federal judge remove one of the facility's lawyers from the case because he had represented her in a previous lawsuit.

Expert Analysis

  • History Of Alleged Financial Sector Collusion: Part 2

    Jon Eisenberg

    When billions or trillions of dollars of transactions are affected by the tiniest of changes in benchmarks, there might be temptation to move those benchmarks ever so slightly. However, the Nasdaq, municipal bond reinvestment, Libor and Forex charges of collusion show that the risk is greatest when detection is the most difficult, says Jon Eisenberg of K&L Gates LLP.

  • Legal Evolution: It’s Back To Business

    Michael S. Lipps

    More often, smaller rivals are taking market share from the largest law firms. In this context, these smaller rivals are not small — they are super-regional firms with between 201 and 750 attorneys. These firms are large enough to serve the needs of a global corporation at a better value. And as they grow, they need to be sure they don’t make the same mistakes as the firms from which they’ve taken market share, says Michael Lipps of LexisNexis.

  • History Of Alleged Financial Sector Collusion: Part 1

    Jon Eisenberg

    Over the last 15 years, financial institutions have paid billions of dollars to settle claims that they colluded with each other. In this two-part series, we discuss cases beginning with the Nasdaq spread collusion allegations in the late 1990s and ending with the more recent Libor and Forex investigations, identify lessons that emerge, and suggest steps that firms, and in some cases, regulators, may wish to consider to reduce risks going forward, says Jon Eisenberg of K&L Gates LLP.

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • NCAA Player Antitrust Class Action Advances To Final Round

    Bruce Sokler

    Nearly five years into the lawsuit, a California federal court recently denied the NCAA's summary judgment motion and ordered that the student-athletes' antitrust claims proceed to trial in June. The decision is noteworthy in its fact-intensive assessment of the NCAA’s procompetitive justifications, its repeated reliance on the least restrictive means test and its demands that the specific restraint be closely tied to the purported procompetitive justifications, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Proper Economic Analysis In Anti-Kickback Statute Cases

    Sophie Yang

    Economic analyses in cases involving the Anti-Kickback Statute require careful evaluation of the market outcome. Analysts need to isolate and measure the effect of any intent to induce from the impact of other market factors. Then, the analysis can be used by the court for the interpretation and application of the Anti-Kickback Statute, say Sophie Yang and Bernard Ford of Navigant Consulting Inc.

  • When Cooperative Agreement Is Really Procurement Contract

    Carlos Aksel Valdivia

    The Federal Circuit recently ruled that the Department of Housing and Urban Development could not sidestep federal competition requirements by using cooperative agreements, instead of procurement contracts, to outsource its contract administration services. Federal contractors should remain vigilant and determine whether their agencies’ use of cooperative agreements gives rise to a potential protest, say Carlos Aksel Valdivia and Gunjan Talati of Reed Smith LLP.

  • With McSweeny Confirmed, What To Expect From FTC

    Steven Sunshine

    The recent confirmation of Terrell McSweeny to the Federal Trade Commission creates a Democratic majority, sparking anticipation of more aggressive enforcement by the FTC. Indeed, having participated in a number of high-profile antitrust matters, Commissioner McSweeny is unlikely to shy away from enforcement where warranted. But it is not clear whether the voting blocks materially lessened the commission’s overall enforcement zeal, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Future Of Law Firm PR: The Good, Bad And Ugly

    Paul Webb

    There has been a dramatic change in how public relations professionals interact with the news media to promote or protect a law firm’s brand and reputation. But content is queen and has a bright future in law firm PR — it all begins with a plan that should include goals, performance indicators and a system of assessment, say Paul Webb, director of marketing at Young Conaway Stargatt & Taylor LLP, and Kathy O'Brien, senior vice president at Jaffe PR.

  • FTC Continues To Target Pharmaceutical Mergers

    Bruce Sokler

    The Akorn Inc.-Hi-Tech Pharmacal Co. Inc. acquisition shows that the Federal Trade Commission is unlikely to ease up soon on what has essentially become a bright-line rule in antitrust policy — transactions resulting in three to two and sometimes even four to three reductions in the number of competitors, where there would be no timely entry, face difficult regulatory hurdles, say Bruce Sokler and Helen Kim of Mintz Levin Cohn Ferris Glovsky and Popeo PC.