Competition

  • 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.

  • July 22, 2014

    Benihana Scores Double Win In Trademark, Libel Suits

    Private equity-owned Japanese restaurant chain Benihana Inc. escaped two separate suits Tuesday after a Delaware federal judge agreed to dismiss both Benihana of Tokyo Inc.'s claims that it violated a merger agreement with foreign trademark applications and a defamation suit lodged by the restaurant founder's widow.

  • July 22, 2014

    AT&T-Verizon Class Arbitration Appeal Called Improper

    Plaintiffs accusing AT&T Mobility LLC, Verizon Wireless and others of engaging in an anti-competitive bulk commercial text message conspiracy urged a New York federal judge on Monday to not stay the proceedings, arguing the carriers improperly appealed the applicability of class arbitration to the Second Circuit.

  • July 22, 2014

    Developer Fights Dismissal of NJ Grocery Monopoly Suit

    A real estate developer who has accused the owner of several ShopRite locations of trying to monopolize the market for grocery stores in an area of New Jersey shot back at a dismissal bid Monday, arguing the company has properly asserted antitrust and conspiracy claims.

  • July 22, 2014

    Vitamin C Makers Tell 2nd Circ. To Uphold Chinese Law

    North China Pharmaceuticals Group Corp. and HeBei Welcome Pharmaceuticals Co. on Monday told the Second Circuit that reversal of a verdict against them in a vitamin C price-fixing class action was necessary because the purchasers who brought the suit admitted that the companies’ coordination was required by Chinese law.

  • July 22, 2014

    Loblaw Sells 4 Stores In Antitrust Deal For $12B Drugstore Buy

    Canada's antitrust watchdog on Monday approved Loblaw Cos. Ltd.’s sale of four of its grocery stores and the licensing of nine pharmacies as part of an agreement for the grocery giant’s CA$12.3 billion (US$11.5 billion) acquisition of Shoppers Drug Mart.

Expert Analysis

  • 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.

  • Ambiguities Remain Despite 9th Circ. AU Optronics Ruling

    Robert E. Bloch

    Unfortunately, the Foreign Trade Antitrust Improvements Act does not provide much guidance on how “direct” an effect on U.S. commerce must be for it to come within the scope of the Sherman Act, and subsequent case law — including the recent Ninth Circuit AU Optronics ruling — has not settled the issue, say attorneys with Mayer Brown LLP.

  • OPINION: Let's Financially Reward Law Firm Diversity

    Patricia K. Gillette

    It only took the threat of a 10 cent cost increase to make people bring their own bags to Bay Area grocery stores. What if we gave partners an extra $10,000 for increasing diversity in their firms? asks Orrick Herrington & Sutcliffe LLP partner Patricia Gillette.

  • Crucial Predictive Coding Case Law: Progressive V. Delaney

    Emily Cobb

    Any practitioner considering predictive coding should fully consider Magistrate Judge Peggy Leen’s reasoning in Progressive Casualty Insurance v. Delaney and the potential pitfalls associated with failure to consistently cooperate, say Emily Cobb and Annamaria Enenajor of Ropes & Gray LLP.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.

  • Loose Lips Sink Ships, Careless Emails Torpedo A Merger

    Julie Simer

    While emails among St. Luke’s Health System executives may not have been the sole basis for a court decision to unwind the hospital system’s acquisition of a physician practice, they thundered so loudly that the message of improving care could not be heard, says Julie Simer of Buchalter Nemer PLC.

  • Know The Capacity Closure Analysis In Horizontal Mergers

    Hartmut Schneider

    The Ardent Mills wheat-milling joint venture among ConAgra, Cargill and CHS vividly illustrates that counsel and economists advising on mergers involving undifferentiated manufactured products must be familiar with capacity closure analysis, which is becoming an increasingly important economic tool, say members of Charles River Associates and WilmerHale.

  • Noble Corp. Settlement Leaves FCPA Questions Unanswered

    Tom Best

    Given the uncertainties surrounding the U.S. Securities and Exchange Commission’s claims when it brought them against former Noble Corp. CEO Mark Jackson and former Nigeria country manager James Ruehlen in February 2012, it is unclear why the SEC invested significant resources in this matter only to ultimately agree to relatively lenient settlements on the eve of trial, say attorneys with Steptoe & Johnson LLP.

  • NCAA’s Latest Legal Nightmare May Be Most Important

    Richard Hagstrom

    No doubt all eyes in the sports world are on the O’Bannon v. National Collegiate Athletic Association trial in California. But as important as O’Bannon is to the landscape of college sports, there is another case that has the potential to dwarf its significance and implications — an antitrust attack on the NCAA’s rules regarding scholarship amounts, say Richard Hagstrom and Shawn Stuckey of Zelle Hofmann Voelbel & Mason LLP.

  • The Doomed Counterclaims In Egg Price-Fixing Case

    Don Hibner Jr.

    In the Processed Egg Products Antitrust Litigation, the plaintiffs moved to dismiss the defendants' counterclaims as making no logical sense, and the Pennsylvania federal court agreed. Avoid issues at a pleading stage that are more than likely not factually supported — the logical fallacy may live far beyond the counterclaim arena, say Don Hibner Jr. and Thomas Nevins of Sheppard Mullin Richter & Hampton LLP.