Competition RSS

  • April 18, 2014

    2nd Circ. Won't Rehear $1B Antitrust Suit Against Microsoft

    The Second Circuit on Thursday refused to reconsider its decision affirming the dismissal of MiniFrame Ltd.'s $1 billion antitrust suit against Microsoft Corp. on the grounds that the Israeli PC-sharing software company failed to show that Microsoft’s Windows licensing rules constituted anti-competitive conduct.

  • April 18, 2014

    Proview Can't Bring Federal Antitrust Claims In LCD Case

    A California federal judge on Friday tossed Proview Technology Inc.’s federal claim against Chi Mei Corp. in multidistrict litigation alleging that Chi Mei and others sold price-fixed liquid crystal display panels, ruling that PTI was an indirect purchaser that does not have standing to sue.

  • April 18, 2014

    Libor Rulings May Not Doom Forex Antitrust Claims

    The banks accused of manipulating foreign exchange rates will almost certainly turn to a pair of decisions dismissing similar antitrust claims over the setting of the London interbank offered rate, but key differences in the way the two benchmarks are set mean that the Libor rulings won't necessarily doom the forex antitrust claims, attorneys say.

  • April 18, 2014

    Beefed-Up Patent Troll Bill Being Eyed By Senate

    Members of the Senate Judiciary Committee are still hashing out language for legislation aimed at cracking down on so-called patent trolls, but a draft version of amendments under consideration made public Friday suggests the measure could resemble a sweeping bill passed by the House.

  • April 18, 2014

    Fed. Circ. Affirms Dismissal Of 3-D Printing Antitrust Case

    Resin maker DSM Desotech Inc. failed to prove that 3D Systems Corp. illegally tied its 3-D printers to the resin the machines use to construct objects, the Federal Circuit said Friday, affirming a ruling by an Illinois federal court.

  • April 18, 2014

    Google's EU Antitrust Deal Draws More Opposition

    Since the European Union's antitrust chief announced he was satisfied with Google Inc.'s latest proposal to settle the bloc's long-running competition probe, everyone from rivals to consumer groups has criticized the deal. Here's a guide to who's not happy.

  • April 18, 2014

    DuPont Seeks Rehearing Of $920M IP Award Reversal

    DuPont Co. on Thursday asked the Fourth Circuit to revisit a panel decision overturning a $920 million jury award over competitor Kolon Industries Inc.'s alleged theft of trade secrets related to Kevlar body armor, arguing the panel shouldn't have ordered a new trial based on one purportedly erroneous evidentiary ruling.

  • April 18, 2014

    FTC Wants Closer Look At $25B Actavis-Forest Labs Deal

    The Federal Trade Commission is seeking more details on generic-drug maker Actavis PLC's proposed $25 billion acquisition of Forest Laboratories Inc., the companies said Thursday, adding scrutiny to a deal that is already under assault in New York court.

  • April 18, 2014

    Deals Rumor Mill: Sprint, Virtu Financial, Apollo

    A prospective merger between Sprint and T-Mobile could prompt regulators to reshape rules in the leadup to a big-ticket airwave auction set for 2015, while Virtu Financial yanked plans for an April IPO amid blowback sparked by a new book that criticizes high-frequency trading.

  • April 18, 2014

    4th Navy Official Charged In Glenn Defense Bribery Scandal

    Criminal charges have been brought against a fourth U.S. Navy official for his role in an international bribery scandal involving foreign defense contractor Glenn Defense Marine Asia, the U.S. Department of Justice said on Thursday. 

  • April 18, 2014

    Steve Jobs' Character Fair Game In Poaching Trial, Judge Told

    A class of tech employees urged a California federal court on Thursday to deny a bid by Apple Inc., Google Inc. and other tech companies to limit evidence in an upcoming trial over their alleged conspiracy to suppress wages and not compete for each others' workers, arguing that the tech giants' request to bar statements about Steve Jobs' character was overbroad.

  • April 18, 2014

    $500M Merger Of Class Ring Cos. Dropped Under FTC Glare

    Jewelry and yearbook seller Jostens Inc. announced Thursday that it will abandon its bid to acquire competitor American Achievement Corp. for $500 million after the Federal Trade Commission moved to block the deal over concerns that it would hike prices on class rings.

  • April 18, 2014

    Telus Puts Up $350M In Latest Mobilicity Merger Attempt

    Canada's Telus Corp. is making another run at struggling wireless provider Mobilicity, this time in a $350 million deal unveiled late Thursday that the companies insist will not roil regulators that have previously halted two of the companies' tie-up bids.

  • April 17, 2014

    Rising Star: Morgan Lewis' Brendan Fee

    Morgan Lewis & Bockius LLP's Brendan Fee took the lead in winning big dismissals and settlements in major antitrust cases for ASTM International, Comdata Network Inc. and others, making the 35-year-old partner one of Law360’s top competition lawyers under the age of 40.

  • April 17, 2014

    FCC Chairman Defends Proposed Limits In Spectrum Auction

    The chairman of the Federal Communications Commission on Thursday defended his proposal to restrict the amount of low-frequency broadcast television spectrum that top wireless providers can purchase in a planned auction, a day after AT&T Inc. threatened to not participate in the auction if such limits are adopted.

  • April 17, 2014

    9th Circ. Sides With AT&T, Verizon In MMS Antitrust Suit

    The Ninth Circuit on Thursday affirmed the dismissal of a group of multimedia content owners and producers' putative antitrust class action alleging AT&T Wireless Services Inc., Verizon Wireless and others conspired to allow copyright-infringing multimedia messaging, saying the plaintiffs did not have standing to bring suit.

  • April 17, 2014

    EU Lawmakers Clear Antitrust Damages Litigation Plan

    European lawmakers on Thursday signed off on a proposal to make it easier for individuals and businesses to sue for antitrust damages, paving the way for plaintiffs to gain greater access to evidence while shielding leniency filings from disclosure.

  • April 17, 2014

    Consumer Rushes NFL's Bid To Nix State Antitrust Claims

    A consumer suing the National Football League and Reebok International Ltd. over their exclusive licensing deal blasted their bid to toss the state-law claims from his putative class action, telling a California federal court Wednesday that professional football is not immune from consumer claims under the state's antitrust law.

  • April 17, 2014

    RE Investor Cops To Rigging Ga. Foreclosure Sale Bids

    A real estate investor admitted Thursday to participating in a plot to rig bids at public real estate foreclosure auctions in Georgia, the latest guilty plea the U.S. Department of Justice has won in its probe into real estate sales in the Atlanta area.

  • April 17, 2014

    Nestle Settles French Antitrust Probe Over Nespresso Capsules

    Nestle SA’s Nespresso has bowed to pressure from the French Competition Authority to curb practices that the agency said prevented competitors from making coffee capsules for the company’s popular espresso machines, the watchdog announced Thursday.

Expert Analysis

  • 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.

  • CFTC Data Will Be A Powerful Tool For FERC Enforcement

    Terry S. Arbit

    The Commodity Futures Trading Commission and the Federal Energy Regulatory Commission recently signed two long-awaited memoranda of understanding, the lower-profile information-sharing one, which provides FERC with “large trader data” in the CFTC’s possession, being the more significant. Regulators achieved a significant victory by including surveillance purposes in the memo — it was a long time coming and provides FERC with a potent tool for surveilling the natural gas and power markets, say attorneys at Norton Rose Fulbright.

  • Antitrust Guidance On Cybersecurity Reaffirms Old Approach

    Jamillia Ferris

    Though the antitrust agencies’ recent policy statement on cybersecurity information-sharing is consistent with prior guidance, it is significant. It is not likely that cybersecurity legislation will become law anytime soon, and this statement responds to industry’s concerns by clearly establishing that properly designed and executed cyberthreat information-sharing does not raise antitrust concerns, say Jamillia Padua Ferris and Paul Tiao of Hunton & Williams LLP.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • 7th Circ. Ruling May Restrict Int'l Cartel Enforcement

    Alex Bourelly

    What’s next for international cartel cases based on arguments for potential applications of the Foreign Trade Antitrust Improvements Act? Judge Richard Posner and the Seventh Circuit recently gave one answer to that question, and it’s good news for many criminal defendants and potential targets of investigations, say Alex Bourelly and Noah Mink of Baker Botts LLP.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • What 1st Antitrust Extradition Means For Auto Parts Case

    Jennifer Driscoll-Chippendale

    The U.S. Department of Justice's Antitrust Division recently announced a milestone victory, having successfully litigated its first extradition for an alleged antitrust violation. As the DOJ continues its largest-ever criminal investigation of the auto parts industry, this case involving an Italian national and former Parker ITS SRL executive serves as a cautionary tale in several respects, says Jennifer Driscoll-Chippendale of Sheppard Mullin Richter & Hampton LLP.