A D.C. federal judge pushed off a decision over whether to nix half the government's antitrust case against Electrolux’s $3.3 billion acquisition of General Electric’s appliance unit Tuesday, saying he may hold off until the end of the bench trial to decide the matter.
David Burman of Perkins Coie LLP has been a strong defender of Costco in its battles against international pricing conspiracies, most recently winning $75 million from global LCD manufacturers that a jury deemed were involved in a pervasive price-fixing scheme, earning him a spot on Law360's list of Competition MVPs for 2015.
The Federal Trade Commission on Wednesday cleared NXP Semiconductors NV’s $11.8 billion takeover of private equity-backed Freescale Semiconductor Ltd. on the condition that NXP unload its so-called radio frequency power amplifier assets to assuage the commission's competition concerns.
Delta and AirTran fought back in antitrust multidistrict litigation Tuesday against requests by a proposed class of baggage fee-paying customers to exclude testimony from the airlines’ experts, telling a Georgia federal judge their experts could attest to the fees’ effect in reducing base fare.
A California federal judge on Wednesday refused to disqualify 12 law firms representing retailers in pay-for-delay multidistrict litigation over the Lidoderm pain relief patch, saying plaintiffs’ attorneys’ use of a privileged document mistakenly handed over by Japanese drugmaker Teikoku did not warrant disqualification.
Bio-Rad Laboratories Inc. is planning to ask the Ninth Circuit to immediately review a California federal court’s recent refusal to toss claims in its former general counsel’s whistleblower suit alleging he was fired after reporting that company leadership potentially engaged in overseas bribery.
Aetna on Wednesday asked a Pennsylvania federal court to sanction Foundation Surgery Affiliates LLC and its attorneys from Buchanan Ingersoll for allegedly lying to the court about its practices when fighting the insurer’s suit accusing the surgical center of running a patient referral kickback scheme.
Wal-Mart Stores Inc. urged an Arkansas federal judge Tuesday not to certify a class of investors in a shareholder suit claiming it concealed the extent of the company’s possible bribery of Mexican officials.
Kimberly-Clark urged a Wisconsin federal judge not to revive a rival’s claim that patent lawsuits instigated by the Pull-Ups maker demonstrate anti-competitive behavior, telling the judge Tuesday that First Quality is recycling old arguments.
Attorneys for a slew of merchants told the Second Circuit Tuesday that a $7.25 billion settlement reached with Visa and MasterCard over interchange fees has "critical infirmities," saying the deal provides “limited and temporary” relief to the class but gives an “all-encompassing and perpetual” release to the defendants.
Microsoft escaped a proposed class action accusing the software giant of conspiring with dozens of companies not to hire one another’s workers when a California federal judge found the employees had waited too long to file suit.
The Chilean government has voiced support for including issues like e-commerce, investment and competition in the next phase of the World Trade Organization's negotiating effort, pushing back against efforts to keep the talks more narrowly tailored amid persistent delays and stalls.
Albertsons received a Delaware bankruptcy judge’s blessing Tuesday to buy back 30 grocery stores it sold to small chain Haggen, which has failed under the weight of its rapid expansion, undoing a major aspect of the $9.2 billion Albertsons-Safeway merger's regulatory approval.
A class of Barclays PLC investors asked a New York federal judge Tuesday to approve a $14 million settlement to end allegations that the British bank manipulated the London Interbank Offered Rate and made misstatements to cover it up.
A onetime official with a Union City, New Jersey, urban improvement agency pled not guilty to federal charges Tuesday after an October indictment accusing the 64-year-old of taking part in a scheme to rig competition for local housing rehabilitation and sidewalk replacement projects, according to court records.
The U.S. Department of Justice is investigating whether Comcast Corp. is violating federal antitrust laws by blocking competition in the $5.4 billion “spot” cable ad market, in which cable companies reserve time for advertisements that target local regions, Comcast confirmed on Tuesday.
The D.C. Circuit on Tuesday overturned a jury’s trebled $22.5 million verdict in a False Claims Act suit against Moving Water Industries Corp. over what constitutes high commissions during a Nigerian purchase backed by federal loans, finding the company can’t violate a standard left vague by the government.
A South Carolina water and sewer authority on Monday urged a federal court to grant preliminary approval to a $2.2 million settlement of a putative class action that alleges that three companies that manufacture and sell bulk bleach violated federal antitrust laws by conspiring to control the product’s market.
Three foreign banks added as defendants to a class action claiming a group of banks orchestrated a conspiracy to rig the foreign exchange market asked a New York federal judge Monday to drop them from the litigation, arguing the court has no jurisdiction over them.
Maritime shippers told a New Jersey federal judge Tuesday that General Motors LLC's argument that it's not covered under a dismissal of multidistrict litigation alleging the shippers schemed to fix prices for transporting vehicles is a just a "ruse" to keep its claims alive.
Powerhouse antitrust attorney M. Sean Royall of Gibson Dunn & Crutcher LLP had a busy year securing a dismissal for Sanofi-Aventis SA in a novel False Claims Act case over the drug Lovenox, and defending AT&T Inc.'s $48.5 billion acquisition of DirecTV, earning him a spot on Law360's 2015 list of competition MVPs.
The Ninth Circuit's recent decision in O’Bannon v. NCAA raises important considerations on the type of evidence necessary to maximize the chances of retaining injunctive relief on appeal, say attorneys with Robins Kaplan LLP.
For marketing purposes, there are obvious benefits to creating an image that various branches of a group of related companies operate as a single coordinated business. However, such an image may be manipulated by a plaintiff to suggest a lack of distinct corporate identity, as seen in the freight forwarder antitrust litigation, says Richard Furman of Carroll McNulty & Kull LLC.
Quite remarkably, Deputy Attorney General Sally Q. Yates' speech Monday placed significant emphasis on the importance of a culture of compliance and responsibility in corporations, and her desire to prevent corporate crimes, says Linda Dale Hoffa, co-head of Dilworth Paxson LLP's white collar and corporate investigations practice group and a former federal prosecutor.
The recent Savenica-Andechser case is remarkable in that the German Federal Cartel Office challenged a consummated transaction that it previously allowed to proceed, due to incorrect market information Savenica provided in the merger control proceeding, says Daniel Wiedmann of P&P Pollath & Partners.
Florida state courts have construed the state's noncompetition statute to prohibit courts from considering the economic or other harm to an individual against whom enforcement is sought. A recent ruling by the Eleventh Circuit creates an inconsistency between state and federal application of this law, which could resolve in a number of ways, says Ben Ziggy Williamson of Holland & Knight LLP.
Nearly every U.S. in-house counsel has faced the task of tackling an impending overseas deal when only U.S. state law governed terms are at hand. While "localizing" a contract is one way to ensure that provisions comply with the relevant local law and local market practices, there are 10 key issues to consider, says Mark Webber at Fieldfisher.
As an associate in a large law firm, you may go years without seeing the inside of a courtroom in a major matter. Put simply, it’s hard to get trial experience. So what do you do if you are the lead associate on a big case that is actually going to trial? Caryn Clark and Brian Wright of Hunton & Williams LLP offer some tips they picked up as they raced through their first trials.
The Libor investigations of Anthony Allen, Anthony Conti and others in the financial industry have been noteworthy because of the close cooperation between the U.S. Department of Justice’s antitrust and criminal divisions. Combined efforts have extended beyond Libor as well, say Jeremy Evans and Michael Spafford of Paul Hastings LLP.
The U.S. Department of Justice has become increasingly skeptical of negotiated attempts to restructure a market to resolve competitive concerns for deal approval — recently rejecting a massive divestiture in Comcast-Time Warner — and should do the same when it looks at the proposed merger between AB InBev and SABMiller, unless there are substantive amendments, says Andre Barlow of Doyle Barlow & Mazard PLLC.
The recent increase in Foreign Corrupt Practices Act actions includes a steady stream of resolved corporate enforcement actions coming from the U.S. Securities and Exchange Commission, a lack of corresponding corporate enforcement by the U.S. Department of Justice and an uptick in resolved individual enforcement actions brought or unsealed by the DOJ, say Marc Alain Bohn and Michael Skopets of Miller & Chevalier Chtd.