Competition

  • December 1, 2016

    Shipping Act Allows State Antitrust Claims, Fed. Agency Says

    The Federal Maritime Commission Wednesday asked the Third Circuit to partially reverse the dismissal of multidistrict litigation alleging that a number of international shipping companies had conspired to stifle competition and inflate prices for transporting vehicles, saying federal law does not bar the plaintiffs’ state law claims.

  • December 1, 2016

    Verizon Hit With IP Suit Over 4G LTE Network Tech

    The owner of a portfolio of former SkyTel intellectual property Wednesday accused Verizon Wireless of unlawfully using its patented technology to support the mobile company’s 4G LTE networks in Texas federal court.

  • December 1, 2016

    EU Demands US Arbitrate Over Norwegian Air License Delay

    The European Union sued the U.S. on Wednesday for unfairly denying a flight permit to a unit of Norwegian Air Shuttle ASA, saying a three-year delay by U.S. regulators violates an international agreement to promote competition in the airline industry.

  • December 1, 2016

    Former Cuomo Aide, Ex-SUNY Prez Deny Graft Charges

    Eight men including a noted former aide to New York Gov. Andrew Cuomo and an ex-State University of New York Polytechnic Institute president denied federal corruption charges at an arraignment Thursday in Manhattan, where U.S. District Judge Valerie E. Caproni hinted at the possibility of guilty pleas in the near future.

  • December 1, 2016

    FCA Forces Banks To Simplify Savings Accounts' Terms

    U.K. banks from Thursday onward must give clients easy-to-understand information so they can compare the benefits of competing savings accounts and must make it quicker and easier to switch to a better deal, the Financial Conduct Authority said.

  • November 30, 2016

    Cisco Presses Arista Execs On Interface Choice At IP Trial

    Cisco Systems Inc. grilled Arista Networks Inc. executives Wednesday during the third day of their intellectual property trial on why Arista chose to use Cisco's command-line interface to create its popular computer networking switch products, raising questions about a practice Cisco says infringed its copyrights and a patent.

  • November 30, 2016

    Prosecutors Tout Individual Accountability In FCPA Cases

    Top enforcement attorneys with the U.S. Department of Justice and the U.S. Securities and Exchange Commission highlighted each agency’s efforts to increase prosecutions of individuals and encourage self-reporting of Foreign Corrupt Practices Act violations at a Wednesday conference.

  • November 30, 2016

    Kodak, Fujifilm, Others Get Aluminum Antitrust Claims Tossed

    A New York federal judge Wednesday dismissed some complaints in multidistrict litigation accusing Goldman Sachs and others of illegally manipulating aluminum prices, saying that Kodak, Fujifilm and others cannot sue because they do not operate in the aluminum warehousing market.

  • November 30, 2016

    Xitronix Wants Fed. Circ. To Rethink Patent Antitrust Claim

    Xitronix Corp. on Tuesday asked the Federal Circuit to give new life to an antitrust claim in a long-running patent battle with KLA-Tencor Corp. over advanced measurement systems for semiconductors, arguing the U.S. Patent and Trademark Office didn’t “do its job” when it issued KLA a continuation patent.

  • November 30, 2016

    Silver Schemed ‘Under Any Definition,’ Feds Tell 2nd Circ.

    Manhattan prosecutors urged a federal appeals court Wednesday to affirm the corruption conviction of former New York Assembly Speaker Sheldon Silver, saying a recent decision by the U.S. Supreme Court that gutted the government’s case against a Virginia politician doesn't help the ex-Empire State lawmaker.

  • November 30, 2016

    USTelecom Wants Rural Subsidies Fully Funded

    USTelecom is pressing the Federal Communications Commission to fully fund subsidies for rural telecommunications, including one that's experienced far more demand than anticipated, according to an ex parte filing Wednesday, arguing more money would help ensure “maximum broadband deployment.”

  • November 30, 2016

    Comcast Antitrust Fee Row Resolved By Susman, Heins Mills

    A Pennsylvania federal judge on Wednesday dismissed competing motions for fee allocations between Susman Godfrey LLP and Heins Mills & Olson LLP — co-counsel for a class that reached a $50 million antitrust settlement with Comcast Corp. — after the firms said they resolved how to split $4.66 million in remaining attorneys’ fees.

  • November 30, 2016

    4 Takeaways From The High Court's Double Jeopardy Ruling

    In the first full opinion of the term, the U.S. Supreme Court unanimously shut down one passageway in the labyrinth of double jeopardy law, but the ruling left the door open for other twists and turns. While the ruling deals with a narrow subset of cases involving both an inconsistent jury verdict and a procedural error, attorneys and legal scholars see four points to consider.

  • November 30, 2016

    NTN Inks $6.6M End-Payor Deal In Auto Parts Price-Fix MDL

    Japanese bearing manufacturer NTN Corp. has agreed to a $6.57 million settlement in sprawling multidistrict litigation over alleged auto parts price-fixing, according to documents filed in Michigan federal court Tuesday.

  • November 30, 2016

    Anthem Will Restrain Cigna After $54B Merger, DOJ Says

    The U.S. Department of Justice accused Anthem Inc. of planning to stifle Cigna Corp.’s growth, during an antitrust trial Wednesday over a planned $54 billion merger, in another attempt by the government to show a D.C. federal judge the deal is anti-competitive.

  • November 30, 2016

    Media General-Nexstar Deal Gets Auction-Related Challenge

    The American Cable Association on Tuesday pressed for the full Federal Communications Commission to weigh in on a request from Media General Corp. and Nexstar Broadcasting Group Inc. to complete their $4.6 billion merger before the broadcast incentive auction ends, saying the request “raises significant questions.”

  • November 30, 2016

    EU Loses Appeal Of France Télécom Aid Case At High Court

    The European Union's highest court put an end Wednesday to the European Commission's long-running claims that France Télécom won illegal state aid in the form of a €9 billion loan the French government offered but never paid out.

  • November 30, 2016

    Regulators Need More Time For Bass Pros-Cabela’s Review

    U.S. and Canadian antitrust regulators want more time to review outdoor gear and apparel retailer Bass Pro Shops’ planned $5.5 billion private equity-backed acquisition of camping and hunting retailer Cabela’s, according to a Tuesday regulatory filing.

  • November 30, 2016

    Trump Adds 3rd Anti-Reg Voice To FCC Transition Team

    The Federal Communications Commission landing team continued down a decidedly anti-regulatory track Tuesday with the addition of Roslyn Layton, a critic of net neutrality and internet privacy regulation and proponent of zero-rating practices who was selected by the Trump transition team.

  • November 30, 2016

    3rd Circ. Won't Rethink Mylan's Doryx Product-Hopping Loss

    The Third Circuit on Wednesday rejected Mylan's request for the court to reconsider a September decision affirming a dismissal of its suit against Warner Chilcott alleging it stifled competition for acne medication Doryx by switching the market from tablets to capsules.

Expert Analysis

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • Tenet Case Signals Shift In Health Care Fraud Enforcement

    Demme Doufekias

    Tenet Healthcare's recent $513 million settlement is an important development for health care companies because it demonstrates the impact of the U.S. Department of Justice’s expanded resources and nationwide focus on combating corporate health care fraud, say Demme Doufekias and Sandeep Nandivada of Morrison & Foerster LLP.

  • 2 Decisions Strengthen FTC's Hand In Hospital Merger Cases

    David C. Kully

    The Federal Trade Commission recently succeeded on appeal in two hospital merger challenges, in the Third and Seventh Circuits. Hospitals evaluating merging with nearby competitors should keep in mind the analytical approaches laid out in these decisions, say David Kully and Christopher Carmichael of Holland & Knight LLP.

  • Avoiding Law Firm BYOD Risks: Tips For Securing Devices

    Everett Monroe

    Many believe that the solutions to the security problems created by using smartphones for work are primarily technological, but a much larger piece of the puzzle involves the human factor. To achieve reasonable security around mobile devices, law firms must go back to basics — clear policies, effective training and thoughtful oversight, says Everett Monroe of Hanson Bridgett LLP.

  • Merger Control Update: It Ain't Over Till It's Over

    James W. Lowe

    Two recent enforcement actions — Valeant in the U.S. and Altice in France — are reminders that there are antitrust risks to be addressed after the deal is signed and even after it has closed, say attorneys with WilmerHale.

  • 4 Ways Lawyers Can Improve Their Marketing

    Mike Mellor

    Attorneys may not realize the breadth of services that their marketing, design and library teams offer. One of the things I like to do when attorneys start at our firm is give them a download of the kinds of problems we can solve for them so they know how to work with us most effectively, says Mike Mellor, director of marketing at Pryor Cashman LLP.

  • Beyond Bean Counting: How Legal Can Add True Value

    david_wallace_HerbertFreehills.jpg

    For legal departments to stay in front of the crowd, cost-cutting alone is not enough. Neither is claims-driven revenue generation, nor running endless analytics of outside legal spend. This is short-term, passive, scarcity-based thinking that keeps legal departments from offering their corporate clients the greatest possible value — competitive advantage, says David Wallace of Herbert Smith Freehills LLP.

  • FTC Study On Patent Assertion Entities Is Incomplete

    Justin Daniels

    The Federal Trade Commission said the purpose of its study on the activities of patent assertion entities in the U.S. was to examine their impact on innovation and competition. But unfortunately this important goal was not even close to achieved, says Justin Daniels of Burford Capital LLC.

  • Post-Election Thoughts On Antitrust

    Pete Levitas

    President-elect Donald Trump has not outlined a formal antitrust policy agenda. However, the announcement that former Federal Trade Commissioner Joshua Wright will be leading the transition team effort for the FTC suggests that the administration may be at least considering a more traditional Republican approach to antitrust, says Pete Levitas of Arnold & Porter LLP.

  • A Quick Guide To Depositions In Japan

    Lauren Randell

    The primary reason depositions in Japan can be more complicated than elsewhere is that depositions for use in U.S. litigation can only be taken in three conference rooms in the entire country, says Lauren Randell of BuckleySandler LLP.