Competition

  • December 18, 2014

    Motorola Asks Full 7th Circ. To Rehear LCD Price-Fixing Row

    Motorola Mobility LLC asked the entire Seventh Circuit to rehear its $3.5 billion price-fixing case against several liquid-crystal-display panel makers, arguing Wednesday that an appellate panel was wrong to rule that the Foreign Trade Antitrust Improvements Act blocked the claims.

  • December 18, 2014

    Competition MVP: Boies Schiller's Bill Isaacson

    From helping college athletes triumph over the National Collegiate Athletic Association to securing victory for Apple Inc. in a $351 million trial regarding an iTunes software update, William Isaacson of Boies Schiller & Flexner LLP has had a banner year, landing him a spot on Law360’s list of Competition MVPs.

  • December 18, 2014

    Judge ‘Baffled’ By Claim Google Monopolized Mobile Search

    A California federal judge said Thursday she would likely throw out a proposed consumer class action accusing Google Inc. of stifling competition for the Internet search engine feature in Android devices, saying she was “baffled” by allegations that Google attempted to monopolize that market.

  • December 18, 2014

    Judge Snubs KBR's 'Old Args' On Privilege In Kickbacks Row

    A D.C. federal judge on Wednesday rejected Kellogg Brown & Root Services Inc.’s "old arguments" that attorney-client privilege protected its business-conduct documents from being compelled by a whistleblower alleging kickback activity in Iraq, but limited the whistleblower’s access to witness statements from KBR’s internal monitoring.

  • December 18, 2014

    Ex-NJ Construction Exec Gets Probation In Bid-Rigging

    A former owner of a New Jersey construction company once accused of funneling about $350,000 in bribes and kickbacks to a port terminal operator and a state official in exchange for lucrative contracts was sentenced on Thursday to three years' probation.

  • December 18, 2014

    E-Books Buyer Appeals $30M Attys' Fee Award In Apple Deal

    An e-book buyer lodged an appeal on Wednesday challenging the $30 million in attorneys' fees granted to the plaintiffs' class counsel in the contingent $450 million price-fixing settlement with Apple Inc.

  • December 18, 2014

    UK Supreme Court Won't Hear LME Warehouse Rule Appeal

    The U.K.’s Supreme Court refused to hear an appeal Thursday filed by Russian aluminum producer United Co. Rusal against the London Metal Exchange, effectively upholding the clearing house’s right to implement new metal storage rules aimed at reducing delivery backlogs.

  • December 18, 2014

    Former Rite Aid VP Cops To $15M Kickback Scheme Lies

    A former Rite Aid Corp. vice president and a liquidation business owner agreed Thursday in Pennsylvania federal court to plead guilty to a felony charge in connection with an alleged nine-year kickback scheme that defrauded the pharmacy giant of nearly $15 million.

  • December 18, 2014

    US Takes Heat In Geneva For Food Safety, Procurement Rules

    The World Trade Organization on Thursday wrapped up a comprehensive audit of U.S. trade policy that saw numerous members take broad swipes at a slew of purportedly onerous regulations, with much of the criticism centering on rules governing food safety and government procurement.

  • December 18, 2014

    Daimler Sets Aside An Additional €600M In EU Antitrust Probe

    German automaker Daimler AG announced Thursday that it is increasing its provision by €600 million ($737 million) after the European Commission shined its spotlight on the company in November on an ongoing antitrust probe into commercial auto manufacturers.

  • December 18, 2014

    French Antitrust Watchdog Fines Consumer Goods Cos. $1.2B

    France’s antitrust watchdog on Thursday hit L'Oreal SA, The Procter & Gamble Co. and nine other companies with fines totaling €951.1 million ($1.17 billion) over collusive practices in the home and personal care product sectors, marking some of the “most significant” fines ever issued by the regulator.

  • December 18, 2014

    Vale Stuck Facing Trial In US Over Guinea Mining Rights

    A federal judge in New York on Wednesday refused to throw out a suit brought by London mining company Rio Tinto PLC accusing its rival Vale SA and an Israeli diamond magnate of bribing Guinean government officials to steal Rio Tinto's rights to a multibillion dollar untapped iron-ore deposit.

  • December 18, 2014

    FERC Seeks $30M In Hedge Fund, Trader Manipulation Fines

    The Federal Energy Regulatory Commission on Wednesday proposed approximately $30 million in fines for a Pennsylvania-based hedge fund and a trader working on its behalf over electricity market manipulation allegations, claims the hedge fund's owners have been publicly fighting.

  • December 17, 2014

    3rd Circ. Won't Undo Injunction On Euro-Pro Steam Claims

    The Third Circuit on Wednesday affirmed a preliminary injunction issued to steam iron manufacturer Groupe SEB USA in a suit over a competitor’s advertising claims, finding that Euro-Pro’s packaging unambiguously and falsely told consumers that its Shark steam irons had more powerful steam than SEB’s Rowenta irons.

  • December 17, 2014

    CNN, Others Denied Copy Of Steve Jobs Depo In Apple Case

    A California federal judge on Wednesday blocked Cable News Network Inc. and other media outlets from obtaining a video deposition from late Apple co-founder Steve Jobs after it was played for the jury earlier this month in the $351 million iTunes antitrust class action trial.

  • December 17, 2014

    Broker-Dealer Execs Plead Guilty In $60M Bribery Scheme

    Two former executives of broker-dealer Direct Access Partners LLC pled guilty Wednesday to participating in a $60 million bribery scheme arising out of the company's transactions with a Venezuelan bank, in violation of the Foreign Corrupt Practices Act.

  • December 17, 2014

    Apple Canada Ordered To Turn Over Docs In IPhone Probe

    The Federal Court of Canada on Wednesday ordered Apple Inc.'s Canadian subsidiary to hand over documents related to a government investigation into allegations that the iPhone maker uses “anti-competitive clauses” in its contracts with wireless carriers to drive up the retail price of rival phones.

  • December 17, 2014

    EU Needn't Duplicate Members' Antitrust Probes, Court Says

    A European Union court on Wednesday ruled for the first time that the EU’s competition watchdog is entitled to reject a complaint on the grounds that one of the EU member state’s own competition authorities is already investigating the same matter, rejecting an appeal from Slovenian telecom company Si.mobil.

  • December 17, 2014

    Avon China Pleads Guilty In $135M DOJ, SEC Deal

    Avon Products Inc. received court approval Wednesday for half of a $135 million settlement to end DOJ and SEC investigations over the beauty giant's business practices in China, as its unit based there entered a guilty plea to Foreign Corrupt Practices Act misdeeds.

  • December 17, 2014

    Chanos Beats Wynn Resorts' FCPA Defamation Suit

    A California federal judge on Tuesday tossed casino mogul Steve Wynn’s defamation suit accusing short-seller James Chanos of saying at an invitation-only journalism conference that Wynn violated the Foreign Corrupt Practices Act, ruling Chanos' opinions about casinos in Macau were much vaguer than that.

Expert Analysis

  • Changes In Defense Industry Are Increasing FCPA Risks

    Howard Weissman

    The explosion of international business efforts in new and unfamiliar areas with new and unfamiliar people has greatly increased the Foreign Corrupt Practices Act compliance risk for companies in the aerospace and defense industry at a time of budget austerity because of the declining U.S. defense budget, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.

  • Spotlight On SFO: Prosecuting In The Regulator’s Shadow

    Aamir Khan

    There remain serious questions on whether the Serious Fraud Office in the United Kingdom is really best equipped to be prosecuting individuals relating to issues such as Libor and forex manipulation, which are already being investigated by the Financial Conduct Authority and other regulators, says Aamir Khan, general counsel and the senior director for the U.K. and Europe at legal services firm Clutch Group.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Sub-Regressions In Antitrust Class Cert. Can Be Unreliable

    Kenneth Flamm

    It is imperative that statistical experts call out the misapplication and misinterpretation of statistical analysis. Unfortunately, a recent Law360 Expert Analysis article does just the opposite and may result in additional courts innocently accepting sub-regressions as statistically valid in situations where they are not, say Kenneth Flamm of Kenneth Flamm Economic Consulting and Michael Naaman of Laurits R. Christensen Associates Inc.

  • Is Jury’s Verdict In IPod Antitrust Litigation Irrelevant?

    Daniel Ferrel McInnis

    The iPod antitrust trial proceeded to a verdict Tuesday in Apple Inc.’s favor, despite the lack of an actual plaintiff. This class action presents the stark contrast between the broad discretion of courts to organize and manage cases, especially complicated ones, against the federal courts’ limited power to hear cases as cabined by the Article III standing requirement of the Constitution, say attorneys with Thompson Hine LLP.

  • 2015 May Be 'Year Of The Individual' At DOJ

    Timothy Belevetz

    Recent trends, along with seemingly choreographed statements from high-ranking U.S. Department of Justice officials, provide something of a forecast for what may be on deck for 2015. An analysis of that data points to three key areas of focus, all tied to a coordinated effort to shift the spotlight onto individual offenders, says Timothy Belevetz, a partner with Holland & Knight LLP and former federal prosecutor.

  • In 2014, Plaintiffs Gained Some Ground Lost After Twombly

    Robert Connolly

    Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.

  • FTC Centennial: How Health Care Antitrust Has Evolved

    Dionne Lomax

    In the 100 years since the Federal Trade Commission was established, the delivery of health care services — a profession some once argued should be exempt from antitrust scrutiny — has become one of the FTC's primary enforcement priorities. As the FTC embarks upon its second century, there are at least four emerging trends in health care antitrust enforcement, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • 4 Antitrust Tips For Bidding On Land For O&G Production

    Joshua Stokes

    When prospective participants in a new oil and gas play are not already involved in well-designed and structured joint ventures, new opportunities can create potential antitrust liability for developers who may be tempted to share, or requested to share, commercially sensitive information with their competitors, say attorneys with Crowell & Moring LLP.