Competition

  • May 26, 2016

    Aussie Watchdog Sees Competition Issue In Freight Co. Deal

    Australia’s competition watchdog expressed concerns Thursday about the proposed AU$9.03 billion ($6.52 billion) tie-up between freight logistics company Asciano Ltd. and a group that includes private equity and pension funds led by Brookfield Infrastructure Partners LP and logistics company Qube Holdings Ltd.

  • May 26, 2016

    UK Broadband Plan Nabs EU Backing

    European Commission competition regulators have thrown their support behind the U.K.’s four-year broadband investment strategy, saying the plan complies with rules designed to protect competition and private-sector investment opportunities in government-supported projects.

  • May 26, 2016

    Animator Class Certified In No-Poach Antitrust Suit

    Animators who worked for DreamWorks, Disney and other Hollywood heavyweights can proceed as a class in their antitrust lawsuit over an alleged anti-poaching conspiracy, a California federal judge ruled Wednesday, finding there was enough evidence to suggest classwide wage suppression.

  • May 26, 2016

    Ex-Barclays Trader Says Following Orders With Libor Requests

    A former Barclays swaps trader accused of manipulating Libor testified Thursday that he began asking the bank's rate submitter to adjust the benchmark because his new boss had told him to do so.

  • May 25, 2016

    Faulty Troubleshooting Hurt Citi In CFTC Benchmark Probe

    The U.S. Commodity Futures Trading Commission’s $425 million package of benchmark-manipulation settlements with Citibank and affiliates shows that the bank had some lapses in its effort to root out the alleged trader misconduct, potentially adding to its future legal headaches, experts say.

  • May 25, 2016

    Venezuelan Oilman Granted $1M Bail In Bribery Case

    A Venezuelan businessman who pled guilty to participating in a $1 billion conspiracy to secure energy contracts from Petroleos de Venezuela SA through bribery and fraud was granted bail ahead of his sentencing in exchange for a $1 million bond payment, according to documents filed in Texas federal court Monday.

  • May 25, 2016

    States, Localities Take Larger Role In Telecom Merger Reviews

    As New York regulators weigh the proposed tie-up of Altice NV and Cablevision Systems Corp., experts said telecommunications deals are receiving increased scrutiny at the state and local level that adds complexity to the often-uncertain merger process.

  • May 25, 2016

    Int’l Bodybuilding Outfit Says It Can’t Be Sued In Va.

    The Madrid-based International Federation of Bodybuilding and Fitness urged a Virginia federal court Tuesday to toss an antitrust suit filed against it by a rival league, arguing the court lacks jurisdiction.

  • May 25, 2016

    NJ Agency Blesses $18B Altice-Cablevision Deal

    Altice NV and Cablevision Systems Corp. have received New Jersey’s blessing for their proposed $17.7 billion merger, with the state Board of Public Utilities approving an agreement Wednesday that would boost customer offerings and preserve jobs for Cablevision employees. 

  • May 25, 2016

    Gold Investors Cite Libor Decision In Price-Fixing MDL Case

    Investors and traders bringing gold-price manipulation claims in multidistrict litigation against big banks on Tuesday pointed a New York federal judge to a recent circuit court decision this week that revived antitrust claims over Libor rigging, saying the ruling supports their view that the gold-fixing claims can survive the banks’ attempts to have the case thrown out. 

  • May 25, 2016

    Total's Challenge To FERC Jurisdiction Gets Fast Track OK

    A Texas federal judge on Tuesday granted a Total SA unit's bid to speed up consideration of its suit challenging the Federal Energy Regulatory Commission's jurisdiction over market manipulation cases, casting aside FERC's bid to delay briefing on the company's motion for summary judgment.

  • May 25, 2016

    Chicago Hospitals Say FTC Delay Will Be Merger Death Blow

    Two Illinois-based health care systems said Wednesday they will be forced to walk away from a proposed merger if the Federal Trade Commission wins a temporary block on the deal, urging an Illinois federal judge to give them a chance to prove the merger would benefit Chicagoans. 

  • May 25, 2016

    Ex-Health Network CFO Indicted For Bribery

    The former chief financial officer of a company managing a public behavioral health system in eastern North Carolina has been indicted along with a contractor on conspiracy, bribery and fraud charges, federal prosecutors said Wednesday. 

  • May 25, 2016

    Google Board Hit With Suit Over EU Android Antitrust Woes

    Google’s holding company board was hit with a shareholder derivative suit Tuesday in California state court accusing company leadership of violating European antitrust laws and breaching fiduciary duties to investors with its restrictive Android licensing terms.

  • May 25, 2016

    3rd Circ. Dumps FCC’s TV Joint Sales Agreement Rule

    The Federal Communications Commission cannot curtail TV stations' ability to make joint sales agreements to avoid a ban on owning more than one station in a local market, the Third Circuit ruled Wednesday, because the regulator extended ownership rules without reviewing them first.

  • May 25, 2016

    Pa., DC Seek Fees For Roles In Staples Merger Case

    Pennsylvania and the District of Columbia are looking to recoup nearly $200,000 worth of legal fees under a Clayton Act provision for their work alongside the Federal Trade Commission in the case that ultimately blocked Staples' planned $6.3 billion merger with rival Office Depot, according to a Tuesday court filing.

  • May 25, 2016

    Aetna-Humana Deal Will Hurt Competition, Missouri Says

    The proposed megamerger of health insurance giants Aetna and Humana would cause excessive harm to competition in Missouri and must be restructured to win approval, state regulators said in a decision released Wednesday.

  • May 25, 2016

    Pie Press Maker Says Baker Can't Back Up Monopoly Claims

    Pie press maker Comtec urged a New York federal court Tuesday to toss a suit by a former customer alleging it monopolized the pie equipment market by preventing customers from buying rivals’ products, saying the suit omits a key component of proving monopoly power: significant barriers to market entry.

  • May 25, 2016

    3rd Circ. Puts Pa. Hospital Merger On Hold For FTC Appeal

    The Third Circuit agreed late Tuesday to temporarily bar the pending merger of Penn State Hershey Medical Center and PinnacleHealth System while the court hears an appeal of a decision rejecting arguments from federal regulators that the deal would stifle health care competition in central Pennsylvania.

  • May 25, 2016

    Citibank To Pay CFTC $425M Over Benchmark Manipulation

    The U.S. Commodity Futures Trading Commission said on Wednesday that it has struck two deals with Citibank NA and affiliates totaling $425 million to end allegations that the bank manipulated the Japanese and British interbank offered rates, as well as a global benchmark for interest rate products.

Expert Analysis

  • Breaking The Health Company Compliance Program Monopoly

    Michael Peregrine

    The new governmental focus on enforcing antitrust laws apart from the M&A area has specific implications to the health care industry. Many aspects of health company operations and strategy could potentially implicate civil and criminal antitrust laws addressing price-fixing, market allocation and similar illegal conduct, say partners with McDermott Will & Emery LLP.

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • Uptick In FCPA Enforcement Suggests 2015 Drop Was Outlier

    Marc Alain Bohn

    After a relative slowdown in 2015, the pace of enforcement activity under the Foreign Corrupt Practices Act has increased sharply in 2016, resulting in a record 15 first-quarter enforcement actions and 17 year to date, say Marc Alain Bohn and Michael Skopets of Miller & Chevalier Chtd.

  • OPINION: Stop 'Vigorously Defending' Your Clients

    Dan McGinn

    Oddly, amazingly, inexplicably, in a business where words are never in short supply, only one word seems to work when it comes to characterizing a lawyer’s commitment to clients, says Dan McGinn, a national reputation management adviser who has counseled nearly half the Fortune 100.

  • The Myth Of 'Price Disconnects' In US Pharma Markets

    Stephen Fink

    It is wrong to single out the pharmaceutical market as one where price/quality trade-offs are not occurring when new products are launched. In fact, the demonstrated ability of insurers to make tangible connections between prices and quality in prescription drug markets needs to be taken into account when assessing the competitive effects of new product introductions, say Stephen Fink and Mark Lewis at Analysis Group Inc.

  • Justices Struggling In McDonnell Public Corruption Case

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    The U.S. Supreme Court’s ruling next month in U.S. v. McDonnell may define the scope of appropriate behavior for public officials in a dramatic new way. Oral arguments revealed a wide and deeply important gulf that the court will attempt to bridge in order to ensure honest conduct by our elected officials while recognizing the need and precedent for advocacy by those officials on behalf of their constituents, say attorneys with Wil... (continued)

  • What ValueAct Means For Activism Tactics

    Steven J. Kaiser

    The U.S. Department of Justice's recent antitrust complaint against ValueAct Capital has the potential to force activists into alternative approaches to avoiding advance disclosure of future accumulations. The complaint may also lead to the tightening of a loophole in the U.S. Securities and Exchange Commission's beneficial ownership reporting regime, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Applying EU Merger Control To Chinese State-Owned Entities

    Alan Riley

    In a significant departure from previous cases involving Chinese state-owned enterprises, the European Commission recently cleared a joint venture between EDF Group and China General Nuclear Power Corp. for the Hinkley Point power plant, demonstrating a willingness to seriously grapple with the issue of defining the relevant group in mergers involving Chinese SOEs, says Dr. Alan Riley at the Institute for Statecraft in London.

  • Donning And Doffing Damages: Tyson Takeaways For Antitrust

    Aaron C. Yeater

    While the U.S. Supreme Court’s focus in Tyson was on unpaid wages, the court’s reasoning on the use of statistical techniques to satisfy questions for class certification offers guidance for plaintiffs and defendants contemplating analysis of antitrust damages for a putative class, say Aaron Yeater and Mark Lewis of Analysis Group Inc.