Competition authorities ramping up enforcement efforts, complicated international transactions and hazy legal standards are just some of the things causing antitrust practitioners and their clients to lose sleep. Here, competition attorneys share their current sources of insomnia.
Two Royal Dutch Shell PLC affiliates accused of manipulating crude market prices cannot use the Second Circuit’s recent nix of aluminum futures price-fixing claims to escape the allegations the pair face, landowner and derivatives trader plaintiffs told a New York federal court Wednesday.
Counsel on both sides of a $300 million antitrust suit against boxer Floyd Mayweather's manager were threatened with monetary sanctions Wednesday for failing to adhere to a case management schedule.
Hillary Clinton, the American Medical Association and U.S. Sen. Richard Blumenthal, D-Conn., on Wednesday joined the chorus of outrage against Mylan NV for increasing the price of its epinephrine injector EpiPen from $100 in 2009 to at least $500 or $600 in 2016.
Cisco Systems Inc. couldn’t secure a quick win against competitor Arista Networks Inc. over its copyright claims involving computer network technologies after a California federal judge said Tuesday there are disputed issues of material fact over the originality of and Cisco’s ownership in the disputed interface.
Essar Steel Minnesota LLC and its parent asked a Delaware bankruptcy judge Tuesday for the chance to take discovery of larger rival Cliffs Natural Resources Inc., which the debtors suspect of interfering with its contractual relationships to stymie the completion of an iron ore manufacturing project — a possible violation of the Sherman Act.
More than three dozen mayors and city leaders sent their “support and solidarity” Wednesday to colleagues in Tennessee and North Carolina who championed municipal broadband autonomy after a key policy adopted by the Federal Communications Commission was struck down by the Sixth Circuit.
Charter Communications added its voice to the growing industry chorus crying foul over the Federal Communications Commission's proposed framework of new rules for high-bandwidth business internet services, calling on the agency to scrap the scheme Tuesday.
A Missouri federal court on Wednesday denied a bid by Express Scripts to dismiss an antitrust lawsuit brought by compounding pharmacies, saying they had adequately alleged the company engaged in a conspiracy to boycott the pharmacies to eliminate them from the market.
Architecture and design firm CannonDesign will pay $12 million to settle criminal claims that its executives paid bribes and kickbacks to a government official in exchange for confidential information about Veterans Affairs construction projects, federal prosecutors in Ohio announced Wednesday.
The Federal Communications Commission's aggressive agenda has resulted in a flurry of meetings and filings in recent weeks during what is often a quieter period running up to the presidential election, with groups registering particular concern over the FCC's regulatory plans for set-top boxes and the special access market. Here, Law360 looks at the top organizations lobbying the FCC in the past month.
The Home Depot Inc. joined the fray stemming from a proposed class action accusing DuPont and other chemical makers of fixing the price of a paint ingredient, filing its own suit in California federal court Tuesday to keep alive some claims that were trimmed from the larger litigation.
The U.S. Department of the Treasury again highlighted its concerns with European Commission investigations into American corporations that have cut tax deals with European Union member countries, arguing Wednesday that the probes depart from prior EU case law and could increase barriers to cross-border investment.
Maruyasu Industries Co. Ltd. has asked an Ohio federal court to dismiss charges by the U.S. Department of Justice alleging the company took part in a conspiracy to rig bids for the supply of automotive parts, saying the court does not have jurisdiction over the Japan-based company.
The Committee on Foreign Investment in the United States' approval of ChemChina's $43 billion acquisition of Syngenta is the largest-ever outbound Chinese acquisition, and experts say the green light bodes well for future deals that will have to be approved by the committee because CFIUS evaluates the merits of each deal without being influenced by outside factors.
Credit Suisse, Deutsche Bank and Morgan Stanley escaped a proposed class action accusing them of violating the Employee Retirement Income Security Act with deals tied to alleged rigging of the foreign exchange market when a New York judge ruled Tuesday the banks didn’t have a say in the plans’ investments.
A former Chicago city official told a federal judge on Monday that 10 years is too long a sentence for his part in a bribery scheme over a red-light camera contract, saying the government's decadelong sentencing recommendation is based on wrong information.
U.S. pharmaceutical giant Pfizer's planned $14 billion acquisition of oncology biotech Medivation could sail through an antitrust review given their minimal product overlaps, unless regulators opt to heighten their focus on the deal's potential impact on research and development within the cancer treatment space, experts say.
Denso Corp. has reached another settlement in multidistrict litigation claiming the auto parts manufacturer and a number of its peers engaged in a price-fixing scheme, as a group of heavy duty truck and equipment dealer plaintiffs on Tuesday urged a Michigan federal court to approve a nearly $3 million deal.
Wine retailer Total Wine & More on Tuesday sued Connecticut officials over what it called anti-competitive laws in the state that promote horizontal and vertical price-fixing by beverage wholesalers and prevent retailers from offering the best prices.
AT&T Inc. and United States Telecom Association urged the Federal Communications Commission to back off of potential tighter regulations for special access services, maintaining Monday that the agency has used flawed economic data.
I wish the Federal Trade Commission and its dedicated officials well in their service to the public interest — but I also wish the agency would do still better in its adherence to these principles and in fulfilling the competition and consumer protection missions entrusted to it. That requires the insight to distinguish good intentions from wisdom and busyness from progress, says former FTC Commissioner Andrew Strenio, a partner a... (continued)
Often, the lead counsel in a case maintains sole contact with the client and makes substantive decisions, relying upon the local counsel only to serve in the requisite capacity to satisfy jurisdictional procedures. Therein lies the problem — absent appropriate precautionary measures, the local attorney faces equal malpractice exposure for the substantive, strategic decisions of the lead counsel, say Patrick (Sean) Ginty of CNA Glob... (continued)
There are several risks involved with signing a "standard" mediation confidentiality agreement, both to your clients and to yourself. Once you recognize these risks, you will never sign a standard MCA again, at least not without a lot of thought and a lot of disclosures to your client, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.
While the European Commission's decision to close its antitrust investigation of Paramount Pictures does not mark the end of the pay-TV investigation, which continues against other studios and broadcasters, the history of the case and the terms of this settlement provide an interesting insight into the EC’s current views on the interaction between competition law and copyright, say Becket McGrath and Trupti Reddy of Cooley LLP.
As advances in technology continue to push law libraries in a more complex direction, many law firms are still making structural mistakes. Fahad Zaidi, senior consultant at HBR Consulting, notes five common pitfalls that law firms should be wary of when developing their libraries.
I worry too many law students see the priorities of BigLaw in tension with a meaningful commitment to pro bono work, making them reluctant to ask questions in interviews about pro bono opportunities and a firm’s commitment to its community. This needs to change, says Skadden partner and former White House legal adviser Michael Scudder.
John M. Connor, professor emeritus at Purdue University and senior fellow of the American Antitrust Institute, compiled information on 1,336 private international cartels investigated since 1990. In this article, he presents aggregate statistics on numbers, affected sales, damages, corporate penalties, individual fines and incarceration, and highlights broad geographic differences.
The International Organization for Standardization's new anti-bribery standard — to be released in final form in September — could benefit companies in a number of different ways, but it fails to create a platform for global uniformity, says Dulce Foster, co-leader of Fredrikson & Byron PA's white collar and regulatory defense department.
Antitrust enforcers and businesses have been waging a slow war against payment card fees, slowly chipping away at the effect of those fees on businesses' bottom lines. But that progress recently took a major step backward when the Second Circuit threw out a watershed settlement between the payment card industry and merchants, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.
Agreeing to arbitration clauses can be complicated because you may risk locking in a factually incorrect judgment. Merril Hirsh and Nicholas Schuchert of Troutman Sanders LLP explain the mechanics of the Federal Arbitration Act and how to ensure you find the right arbitration laws for your case.