Competition

  • July 1, 2015

    Minor Leaguers Say MLB Not Safe From Antitrust Wage Suit

    A minor league baseball player who brought a putative class action accusing Major League Baseball and its clubs of suppressing minor leaguers’ compensation told a California federal court Tuesday that baseball's antitrust exemption does not allow the clubs' collusion to hold down minor league wages. 

  • July 1, 2015

    Consultant Linked To Dallas Bribery Scheme Pleads Guilty

    A consultant accused of helping funnel money to a powerful Dallas County commissioner as part of a long-running bribery scheme to obtain government contracts on Wednesday pled guilty to a conspiracy charge.

  • July 1, 2015

    Braskem Hit With Investor Class Action Over Petrobras Bribes

    Braskem SA's stock price was artificially inflated by bribes paid to Petrobras to ensure cheap raw material prices, investors said in a proposed class action filed Wednesday in New York federal court.

  • July 1, 2015

    S. Africa Tenatively Approves $571M Telecom Merger

    The Competition Commission of South Africa recommended Tuesday that the country’s Competition Tribunal approve a Vodafone Group PLC subsidiary’s acquisition of South African telecommunications company Neotel (Pty.) Ltd. in a deal valued at approximately 7 billion rand ($571 million).

  • July 1, 2015

    Feds Push For 6 Years In Ex-Contractor Exec’s Bribery Case

    Government prosecutors argued in Pennsylvania federal court Wednesday that former Lee Dynamics International CEO George H. Lee Jr. can't escape a recommended six-year prison sentence by claiming that the bribes he paid to secure millions of dollars in supply and warehouse contracts in Iraq were really gratuities.

  • July 1, 2015

    Judge Tosses ‘Delusional’ Racketeering Suit Targeting Obama

    A Louisiana federal judge on Tuesday refused to recuse herself and subsequently dismissed a racketeering suit accusing President Obama, past U.S. presidents and other officials of, among other things, murdering the plaintiff’s husband and laundering Medicare and Medicaid funds, calling the claims “delusional.”

  • July 1, 2015

    Ex-Daspit Atty Hits Back In Suit Over 'Stolen' Clients

    A former attorney of Houston personal injury firm Daspit Law Firm PLLC on Monday said the firm misrepresented his experience in a lawsuit accusing him of stealing client lists and other proprietary information in an attempt to siphon away business and start his own firm, in what he called an attempt to squash a would-be competitor.

  • July 1, 2015

    Pacquiao Promoter Joins Antitrust Fight With $100M Suit

    Fighter Manny Pacquiao’s boxing promoter became the second to accuse manager Al Haymon and investment firm Waddell & Reed Financial Inc. of trying to build a monopoly in the sport, according to a $100 million lawsuit filed in California federal court Wednesday.

  • July 1, 2015

    TracFone Agrees To Unlock Phones In FCC Settlement

    TracFone Wireless Inc. agreed to allow customers to eventually use its phones on other networks, and will pay a projected $3.2 million until it makes that happen in order to to resolve allegations it violated Federal Communications Commission rules, the agency's Enforcement Bureau said Wednesday.

  • July 1, 2015

    T-Mobile Pushes FCC To Change Spectrum Auction Reserve

    The upcoming spectrum incentive auction could mean a windfall for major carriers AT&T Inc. and Verizon Wireless if the Federal Communications Commission doesn't change the provisions allowing smaller carriers to compete, according to a Tuesday letter from T-Mobile USA Inc.

  • July 1, 2015

    Texas Co. Says It Faces Retaliation From AT&T Affiliate

    A Texas cable operator told the Federal Communications Commission that its negotiation for the right to carry a regional sports network owned by AT&T and DirecTV is a troubling sign of what’s to come if the proposed merger is approved, according to a letter posted Wednesday.

  • July 1, 2015

    Ex-NY State Sen. Malcolm Smith Gets 7 Years For Bribery

    Former New York state Sen. Malcolm Smith was sentenced Wednesday to seven years in prison, according to his attorney, after being found guilty of scheming to buy his way into the New York City mayor’s office

  • July 1, 2015

    DOJ Sues To Block $3.3B Electrolux-GE Unit Tie-Up

    The U.S. Department of Justice sued Wednesday to block AB Electrolux from going through with its $3.3 billion acquisition of General Electric Co.'s appliance business, saying the deal would eliminate competition by putting two of the top oven and cooktop manufacturers in the country under one roof.

  • July 1, 2015

    Judge Nixes Farmers' Bid For New Counsel In Milk MDL

    A Vermont federal judge denied on Tuesday a request by a dairy farmer subclass for new counsel in the wake of her March rejection of a $50 million settlement in the multidistrict litigation over allegations of a milk pricing conspiracy.

  • July 1, 2015

    S. Africa Fines Japanese Shipper $8.5M For Price-Fixing

    South Africa’s antitrust agency said Tuesday that Japan’s Nippon Yusen Kabushiki Kaisha has agreed to pay 104 million rand ($8.5 million) to settle charges that it fixed prices for ocean shipping services.

  • July 1, 2015

    Italian Gov't Probes Mobile Firms For Noncompliance

    Italy's antitrust agency has sparked an investigation of noncompliance into several mobile phone providers in the country after several consumers complained of getting hit with third-party service charges without their consent, a practice for which the companies were disciplined earlier this year, according to a statement from the agency.

  • July 1, 2015

    Cablevision Customers Push For Cert. In Cable Box-Tying Row

    A putative class of Cablevision cable subscribers pushed a New Jersey federal judge Tuesday to certify their class, saying the company’s tying of set-top box rentals to cable subscriptions should sufficiently bind them as a group.

  • June 30, 2015

    Indirect Buyers Decertified In Wellbutrin Pay-For-Delay Suit

    The Pennsylvania federal judge overseeing pay-for-delay litigation against GlaxoSmithKline PLC and others over the antidepressant Wellbutrin XL decertified the class of indirect purchasers on Tuesday, saying it has failed to carry its burden of showing that the class is ascertainable.

  • June 30, 2015

    Firms Back Monsanto's $45B Merger Proposal With Syngenta

    U.S. agribusiness giant Monsanto Co. has received support from four firms in its bid to convince Swiss rival Syngenta that its $45 billion merger proposal would not be blocked for anti-trust reasons.

  • June 30, 2015

    Apple E-Books Court Sticks Landing With Tough Antitrust Test

    Despite a sharply critical dissent arguing for the use of a looser test to determine liability, antitrust experts say the Second Circuit's decision Tuesday to apply the tougher per se standard to keep Apple on the hook for e-book price-fixing was the right call.

Expert Analysis

  • Utah — The Latest Battleground In Resale Price Maintenance

    August Horvath

    For players in many consumer goods sectors, the contact lens wars currently pending in Utah may be a test case for the new vertical pricing regime in antitrust, and the stakes are higher than some imagined, says August Horvath of Kelley Drye & Warren LLP.

  • A New Drug Pricing Environment In China

    Alison Wong

    China's recent removal of government-imposed price caps on the vast majority of medicines is expected to motivate pharmaceutical companies to invest more resources into research and development and improving product quality. However, pharmaceutical prices are not expected to rise dramatically, say Alison Wong and David Pountney of Bird & Bird LLP.

  • Canada Anti-Corruption Law May Affect FCPA Enforcement

    James Koukios

    Canada’s new Extractive Sector Transparency Measures Act increases the likelihood of extractive-sector-focused anti-corruption investigations in Canada, in the United States and farther abroad, say James Koukios and Lauren Navarro of Morrison & Foerster LLP.

  • Why Lateral Candidacies Fail

    Adam S. Weiss

    According to The American Lawyer, over 2,700 AmLaw 200 law firm partners switched firms last year, representing between 4 and 5 percent of all partners on the AmLaw list. But what about the thousands of other partners who tried — but failed — to switch firms? While no statistics are available on this number, I have a secret to share: Many, if not most, lateral partner candidacies fail, says Adam Weiss of the Lateral Lawyer Group.

  • FTC Cleared Cigarette Merger Despite Anti-Smoking Agenda

    Bruce D. Sokler

    The Federal Trade Commission last month accepted from Reynolds American Inc. and Lorillard Inc. a consent order settling the agency’s significant competitive concerns with Reynolds’ proposed $27.4 billion acquisition of Lorillard by requiring the divestiture of four cigarette brands. This antitrust enforcement decision is interesting and stands in contrast to the FTC’s broader consumer protection objectives in the smoking area, say... (continued)

  • 2 Minority Views From The Top Of BigLaw

    Cesar Alvarez

    While the percentage of minority attorneys at U.S. law firms remains disproportionately low, the senior management side of BigLaw paints an even bleaker picture of diversity — only a handful of the 100 largest U.S. law firms are currently helmed by minority attorneys. Offering that rare perspective in this regard are Cesar Alvarez, co-chairman of Greenberg Traurig LLP, and Eduardo Leite, chairman of the executive committee at Baker & McKenzie.

  • What FTC's Ardagh Analysis Means For Ball-Rexam Merger

    David Balto

    The facts and market analysis demonstrate that, while they share the overarching beverage container industry label, the Ball Corp.-Rexam PLC and Ardagh Group SA-Saint-Gobain Containers mergers should be analyzed differently. However, Ardagh is nonetheless instructive in analyzing Ball’s acquisition of Rexam, say David Balto and James Kovacs of the Law Offices of David Balto.

  • There Is Potential Federal Inconsistency Over ACOs

    David R. Garcia

    The development of potential inconsistencies between the Centers for Medicare & Medicaid Services and the U.S. Department of Justice and Federal Trade Commission over the treatment of accountable care organizations under antitrust law may create an additional level of risk or uncertainty for health care providers contemplating ACO formation, say David Garcia and Helen Eckert of Sheppard Mullin Richter & Hampton LLP.

  • Why The Supreme Court Refused To Hear The FTAIA Appeals

    Robert Connolly

    The U.S. Supreme Court has decided not to take the Motorola Mobility LLC and AU Optronics Corp. Foreign Trade Antitrust Improvements Act appeals. Two “subsidiary” facts always stood out to me that I thought would doom the petitioners’ chances — if this were an episode of "Perry Mason," it could have been titled “The Case of the Ill-Placed Subsidiaries,” says Robert Connolly of GeyerGorey LLP.

  • Tips To Avoid Conflicts When Hiring In-House Lawyers

    Richard A. Jackson

    If general counsels didn't pause to consider how their company was vetting conflicts for lateral hires into their legal departments after the disqualification ruling in Advanced Messaging Technologies Inc. v. EasyLink Services International Corp., then they are well advised to do so now after the recent decision in Dynamic 3D Geosolutions LLC v. Schlumberger Ltd., says Richard Jackson, conflicts counsel and lateral intake manager a... (continued)