Competition

  • July 24, 2014

    Auto Shops Defend Antitrust Suit Against State Farm, Others

    Auto repair shops have asked a Mississippi federal court to deny attempts by State Farm Mutual Automobile Insurance Co. and others to dismiss an antitrust suit in which the shops allege a conspiracy to manipulate car repair costs, saying their amended complaint meets pleading standards.

  • July 24, 2014

    Ex-SEC Litigator Healy Leaves Reed Smith For Locke Lord

    Former SEC senior assistant chief litigation counsel Terence Healy has left Reed Smith LLP after two years and joined Locke Lord LLP's Washington, D.C., office, Locke Lord's Washington managing partner confirmed Thursday.

  • July 24, 2014

    Aussie Antitrust Watchdog Won't Fight AGL Merger Loss

    Australia’s antitrust watchdog on Thursday announced it will not appeal the Australian Competition Tribunal’s decision to authorize AGL Energy Ltd.’s proposed $1.35 billion acquisition of state-owned Macquarie Generation, saying judicial review would only examine the ACT's procedure and not the merits of its decision.

  • July 23, 2014

    AmEx Won't Work With Cos. Who 'Prefer' Rivals, Exec Says

    American Express Co. would rather forgo new revenue than sign up a merchant engaged in a "we prefer" campaign with a rival credit card network, the company's head of merchant acquisition testified Wednesday during the government’s antitrust trial over AmEx's anti-steering rules.

  • July 23, 2014

    Quarles Adds Former Baker & McKenzie M&A Atty In Chicago

    Quarles & Brady has snagged a mergers and acquisitions, international joint ventures, and commercial law attorney with experience practicing in Europe from Baker & McKenzie, the firm said Wednesday, in at least its second addition to the Chicago office in as many months.

  • July 23, 2014

    Quinn Emanuel, Berger & Montague To Helm Gold Fix Cases

    Quinn Emanuel Urquhart & Sullivan LLP and Berger & Montague PC were appointed as co-lead counsel for investors pursuing antitrust claims against Deutsche Bank AG, Barclays Bank PLC and others for allegedly plotting to manipulate gold prices, a New York federal judge said Monday.

  • July 23, 2014

    Grant & Eisenhofer Best To Lead Class, Zinc Buyers Say

    Four zinc purchasers on Tuesday urged a New York federal court to appoint law firms Grant & Eisenhofer, Kessler Topaz and Lovell Stewart as interim co-lead counsel in their proposed price-fixing class action against the London Metal Exchange Ltd. and others, saying they did the leg work to justify the honor.

  • July 23, 2014

    FCC Warns ISPs Some Net Neutrality Rules Remain On Books

    The Federal Communications Commission reminded Internet service providers Wednesday that they are still required to publicly disclose accurate information on how they manage traffic — one surviving provision of the agency's recently stricken net neutrality rules.

  • July 23, 2014

    Brazil Antitrust Watchdog OKs AT&T's $48B DirecTV Buy

    Brazil’s antitrust watchdog has given its approval for AT&T Inc.’s proposed $48.5 billion acquisition of satellite TV provider DirecTV Inc., finding last week that the deal would not raise competition concerns in the South American country.

  • July 23, 2014

    More Ballplayers Sue MLB For Wages In Labor, Antitrust Suit

    Former Oakland Athletics pitcher Yadel Marti and a group of fellow former Major League Baseball players filed a labor and antitrust class action in California federal court, alleging the organization failed to pay minor league players for the long hours they were at work and in training.

  • July 23, 2014

    Apotex Blocked From Continuing Generic Paxil Sales

    A New Jersey federal judge on Tuesday issued an injunction to block generic-drug manufacturer Apotex Inc. from continuing to sell generic Paxil CR in violation of rival Mylan Inc.'s exclusivity agreement with GlaxoSmithKline PLC, which was barred last week from supplying Apotex with the drug.

  • July 23, 2014

    Former CEO Of Noted Charity Jailed For Huge Looting Scheme

    William Rapfogel, the former CEO of the Metropolitan Council on Jewish Poverty, was sentenced Wednesday morning to 40 months to 10 years in prison and ordered to pay $3 million to the noted New York City charity after he admitted to participating in a decades-long looting and insurance kickback scheme.

  • July 23, 2014

    Kodak Tells 6th Circ. To Flip Ink Pricing Injunction

    Eastman Kodak Co. told the Sixth Circuit Tuesday to void a preliminary injunction on a purported pricing scheme to squelch competition for Versamark printer ink, saying the lower court applied the wrong legal standards when it issued the order intended to prevent Kodak from undercutting ink prices.

  • July 23, 2014

    Google Rival Blasts EU Antitrust Regulator Over Search Deal

    The founders of vertical search engine Foundem criticized the European Union’s antitrust regulator on Wednesday for supporting Google Inc.’s solutions in a probe regarding its search result practices, claiming the proposal contradicts the watchdog’s own early conclusions in the investigation.

  • July 23, 2014

    EU Slaps Marine Harvest With $27M Fine Over Morpol Takeover

    Marine Harvest ASA, a leading Norwegian salmon farmer, said Wednesday that it's been hit with a €20 million ($26.9 million) fine by European antitrust regulators for moving too quickly in its takeover of salmon processor Morpol ASA last year.

  • July 23, 2014

    Domestic Silicon Maker Sues Brazilian Rival For Fraud

    An Ohio silicon manufacturer sued a Brazilian rival and its affiliates in D.C. federal court on Wednesday, accusing them of using fraud to get off the U.S. government's dumpers list and continue to sell low-priced silicon stateside.

  • July 22, 2014

    US Foods Accuses Ex-Managers Of Conspiring With Rival

    US Foods Inc. on Monday sued rival Latina Boulevard Foods LLC and former employees in Illinois federal court, alleging that Latina poached US Foods managers, who shared their former employer's trade secrets and conspired to snatch away its customers.

  • July 22, 2014

    'We Don't Compete On Price,' AmEx Exec Testifies

    An American Express executive testified Tuesday during the government’s antitrust trial against the credit card company that the company does not compete on cost and seeks a premium rate from merchants for the additional business it brings them.

  • July 22, 2014

    Panasonic, Samsung Accused Of 9-Year Price-Fixing Scheme

    Panasonic Corp. and a slew of other companies were hit with yet another class action in California federal court on Tuesday accusing them of conspiring to fix prices on a key component of electrical circuits over almost a decade.

  • July 22, 2014

    Propane Cos. Hit With Another Price-Fixing Class Action

    AmeriGas Partners LP and Ferrellgas LP were hit a proposed class action in Kansas federal court Monday for allegedly engaging in a de facto price-fixing scheme by reducing the amount of propane in tanks without changing the price, marking at least the third such suit this month over such claims.

Expert Analysis

  • Amid M&A Uptick, Bidders Must Heed Recent UK Code Changes

    Ilan Kotkis

    Potential bids by U.S. suitors for U.K. target companies in the pharmaceutical and health care sectors seem to be a recurring theme this year, however there are consequences from unsolicited bids that must be kept in mind when dealing with the U.K. Takeover Code, says Ilan Kotkis of King & Spalding LLP.

  • Generic Drugs At 30: Fulfilling The Promise And Path Ahead

    Alan Klein

    Although challenges remain for generics, it is clear at the 30-year mark that the promise of Hatch-Waxman has been realized, quite possibly beyond the dreams of Senator Orrin Hatch and Congressman Henry Waxman, say Alan Klein and Solomon David of Duane Morris LLP.

  • High Court Will End Circuit Split With Libor MDL Case

    Stacey Slaughter

    The U.S. Supreme Court's acceptance of Gelboim v. Bank of America Corp. will resolve a circuit split on whether a plaintiff can immediately appeal the district court’s dismissal of a lawsuit that has been consolidated with other suits that are still pending, but it is merely the first of several steps needed to revive the bondholder plaintiffs' antitrust claim, say Stacey Slaughter and Thomas Berndt of Robins Kaplan Miller & Ciresi LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • Lines Drawn In Tesla Direct Sales Battle

    Robert A. Zinn

    Given Tesla’s current tiny share of the U.S. auto market, the debate over Tesla’s direct sales to consumers may seem like much ado about nothing. But the direct sales model is also being studied by both new Chinese automakers and mainstream U.S. and global manufacturers as they plan their future U.S. marketing strategies, says Robert Zinn of Carlton Fields Jorden Burt LLP.

  • Lessons From Omnicare Settlement In 'Swapping' Cases

    Katherine A. Lauer

    The Omnicare settlements, while not adding to the substantive case law, do demonstrate that these swapping cases will likely become more common in the coming years as more qui tam relators are tempted by these and other large settlements, say Katherine Lauer and Amy Hargeaves of Latham & Watkins LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.