Competition

  • August 22, 2014

    PE Firm Urges End To AIG Aircraft Unit Trade Secret Suit

    Private equity firm Leonard Green & Partners LP urged a California judge on Friday to dismiss American International Group Inc.'s allegations that it encouraged the former CEO of AIG's aircraft leasing subsidiary to steal trade secrets when he left to start a rival company backed by Leonard Green.

  • August 22, 2014

    Consumer Groups Urge FCC To Reject Comcast-TWC Merger

    Consumers Union, the policy arm of Consumer Reports, and advocacy group Common Cause have filed a petition with the U.S. Federal Communications Commission asking it to block the proposed $45 billion merger of Comcast Corp. and Time Warner Cable Inc. amid a public debate among stakeholders and interest groups over the deal. 

  • August 22, 2014

    Qualcomm To Cooperate With China Antitrust Probe

    U.S. digital communications maker Qualcomm Inc. has said that it's willing to work to resolve China's antitrust investigation over its pricing practices, a Chinese regulator said Friday.

  • August 22, 2014

    Germany Sides With Google Over Publishers' Antitrust Claims

    Germany's antitrust body said Friday that there was not enough evidence to support publishing group VG Media's claims that Google Inc. abused its dominance in the online news article distribution market by providing access to articles belonging to members Axel Springer SE, Burda and other publishers for free.

  • August 22, 2014

    Texas High Court To Weigh Shell FCPA Defamation Suit

    The Texas Supreme Court on Friday agreed to hear Shell Oil Co.’s argument it shouldn’t have to face defamation charges from a former employee the company reported to federal authorities as potentially responsible for a Foreign Corrupt Practices Act violation at a Nigerian oil and gas project.

  • August 22, 2014

    Sharp Renews Plea To Opt Out Of CRT Antitrust Deals

    Sharp Electronics Corp. urged a California federal court Thursday to reconsider letting the technology company pursue its claims that Hitachi Inc. and Samsung Group fixed prices on cathode ray tubes despite missing a deadline for opting out of class settlements in the case.

  • August 22, 2014

    Taxation With Representation: Fried Frank, Bingham, Bracewell

    In this week's Taxation With Representation, Bracewell & Giuliani helps Duke Energy unload its Midwest generation and retail businesses for $2.8 billion, and Fried Frank helps California-based International Rectifier get snatched up by German semiconductor giant Infineon Technologies.

  • August 22, 2014

    Fla. Aircraft Systems Maker Says Worker Stole Trade Secrets

    Aircraft interior fixtures and systems firm B/E Aerospace Inc. sued a former employee in Florida state court Tuesday for allegedly stealing trade secrets and taking them to a competitor.

  • August 22, 2014

    PE Plaintiffs Hit Back At Carlyle In Antitrust Expert Row

    Plaintiffs accusing the Carlyle Group LP of anti-competitively colluding with other private equity giants argued Thursday that the firm was trying to change its tune about why certain expert testimony should be excluded from an upcoming trial.

  • August 22, 2014

    Transitions Wants Rival's Claims Tossed From Antitrust MDL

    Transitions Optical Inc. on Thursday urged a Florida federal judge to toss the claims of private equity-owned rival Vision-Ease Lens Worldwide Inc. from a multidistrict litigation accusing Transitions of impeding competition in the market for photochromic lenses, saying Vision-Ease's lost market share was due to its own shoddy product.

  • August 22, 2014

    TrialGraphix Sues Competitor FTI Over Employee Poaching

    Litigation consultant TrialGraphix Inc. lobbed a suit Thursday at competitor FTI Consulting Inc., alleging the company schemed to poach its high-ranking employees to gain access to clients and trade secrets and to “decimate” its New York office.

  • August 22, 2014

    FTC's Symbolic Phoebe Victory May Reap Real Win

    When the Federal Trade Commission concluded last August that it couldn't force Phoebe Putney Health System Inc. to sell a rival hospital it acquired in an alleged merger-to-monopoly because of Georgia's hospital certification laws, it appeared that the antitrust watchdog's victory in the U.S. Supreme Court would be a hollow one. But with a recent state ruling easing the way for a divestiture, it appears the unusual case is not done just yet.

  • August 22, 2014

    UK Sets Rule To Make Energy Cos. Disclose Gov't Payments

    The U.K. government on Thursday introduced a rule to require oil, gas and mining companies registered in the country to report on their payments to governments in all countries in which they operate, starting in 2015.

  • August 21, 2014

    Mayor Cleared Of Bribery Sues Fla. Gov. For Reinstatement

    Former Miami Lakes, Florida, Mayor Michael A. Pizzi, recently acquitted of federal bribery and extortion charges, asked the Florida Supreme Court on Thursday to force the hand of Gov. Rick Scott, who he claims is “playing politics” by refusing to revoke his suspension from office.

  • August 21, 2014

    8th Circ. Says Grain Tax Fraudster Deserved Longer Sentence

    The Eighth Circuit on Thursday upheld a 46-month sentence against a man convicted of defrauding a federally licensed grain operator in Iowa through bribery, threats and deception, saying lies he told during his prosecution warrant the enhanced penalty.

  • August 21, 2014

    Etihad's Darwin Bid Needs Work, Swiss Regulator Says

    Swiss regulators have given Etihad Airways and Darwin Airline until Sept. 30 to change an agreement for Etihad to buy a third of Switzerland’s regional airline, warning that the current plan is not eligible for approval because it cedes too much control to Etihad.

  • August 21, 2014

    Antitrust Setbacks Won't Deter Buyers Amid M&A Boom

    Dollar General suffered a blow on Thursday when Family Dollar Stores Inc. rejected its $9 billion bid amid concerns about an antitrust review, but the wannabe buyer's willingness to stage the high-stakes play in the first place spotlights a certain boldness that comes with a robust M&A marketplace.

  • August 21, 2014

    AGs Of 16 States Back FTC In St. Luke's Merger Appeal

    The attorneys general of California, Pennsylvania and more than a dozen other states urged the Ninth Circuit Wednesday to uphold the Federal Trade Commission's successful challenge to St. Luke's Health System Ltd.'s acquisition of a major nearby physician practice group.

  • August 21, 2014

    GEICO Slams Repair Shops' Conspiracy Suit

    GEICO on Thursday asked a Michigan federal court to remove it from a lawsuit the owner of an auto rental and repair shop filed against insurance companies alleging they collectively terminated a direct billing arrangement as part of a conspiracy to squeeze him out of business.

  • August 21, 2014

    Sharp Can't Opt Out Of Cathode Ray MDL Settlement Class

    Sharp Electronics Corp.’s failure to send outside counsel a settlement notice wasn’t enough to excuse its delay in opting out of $46 million in settlements with Hitachi Inc. and Samsung Group in a cathode ray tube price-fixing multidistrict litigation, a California federal judge ruled Wednesday.

Expert Analysis

  • Recent FTAIA Cases Leave Important Questions Unresolved

    Jeffrey Jacobovitz

    In the last five months, three circuit courts have interpreted the Foreign Trade Antitrust Improvements Act, with some staking out differing positions on important aspects — namely, the requirement that foreign anti-competitive conduct have a direct effect on U.S. commerce in order to fall outside the FTAIA's general exemption for foreign conduct, say Jeffrey Jacobovitz and David Hobson of Arnall Golden Gregory LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • Inside 2nd Circ. Ruling On Overseas Whistleblower

    Mary Beth Hogan

    For companies with global operations, the Second Circuit's recent decision in Liu v. Siemens AG should provide at least some level of comfort that allegations by foreign employees regarding conduct exclusively outside the United States are outside the reach of Dodd-Frank’s anti-retaliation provision, say attorneys with Debevoise & Plimpton LLP.

  • How To React To Chinese Anti-Monopoly Surprise Inspections

    Lipeng Mei

    Recently, Chinese anti-monopoly authorities raided Chinese offices of Microsoft and Mercedes-Benz, shocking many companies doing business in China. When facing a surprise inspection, companies should keep five points in mind, says Lipeng Mei, an anti-monopoly enforcement official with the Chinese government, and Lei Mei of Mei & Mark LLP.

  • 5 Most Common Weaknesses In Anti-Corruption Compliance

    Michael Volkov

    Chief compliance officers who spend more than 20 percent of their time on gifts, meals, entertainment and travel procedures and expenses are prime examples of misguided compliance, says Michael Volkov of The Volkov Law Group LLC.

  • So We Agree It’s Price-Fixing, But ...

    Joseph Ostoyich

    A class action plaintiffs attorney recently conceded both of our key points regarding a very common practice among plaintiffs law firms that looks an awful lot like outright price-fixing, but we have yet to hear why the refusal by class action plaintiffs firms to bid against each other amounts to something other than collusion condemned by the Sherman Act, say Joseph Ostoyich and William Lavery of Baker Botts LLP.

  • Is Project Labscam II On The Horizon?

    Marilyn May

    While there is no way of knowing whether — or how many — lab investigations and sealed qui tams are proceeding in U.S. attorney’s offices, there is a strong likelihood that law enforcement will be taking a closer look at a recent study from the U.S. Department of Health and Human Services' Office of Inspector General in deciding what cases are worth pursuing, say Marilyn May and Jennifer Kang of Arnold & Porter LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • Big Data Can Yield Big Insights On Promotional Practices

    Paul E. Greenberg

    Rich data sets can provide the basis for detailed analysis of allegedly improper conduct by pharmaceutical and health care companies and improve scrutiny over marketing activities and provider relationships often found at the heart of improper promotion and kickback allegations, say Paul Greenberg and Tamar Sisitsky of Analysis Group Inc.

  • Medtronic Ruling Creates Hurdles For Antitrust Defendants

    Dionne Lomax

    The Tenth Circuit's recent decision in Lenox MacLaren Surgical Corp. v. Medtronic Inc. raises the bar for defendants in antitrust suits, particularly on the issues of market definition and entry defenses, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.