• November 25, 2015

    Competition MVP: Perkins Coie's David Burman

    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.

  • November 25, 2015

    FTC OKs $12B NXP, Freescale Tie-Up With Conditions

    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.

  • November 25, 2015

    Delta, AirTran Fight To Keep Experts In Baggage Fee MDL

    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.

  • November 25, 2015

    Teikoku Loses Bid To Boot 12 Firms From Lidoderm MDL

    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.

  • November 25, 2015

    Bio-Rad Will Ask 9th Circ. To Nix Whistleblower GC’s Claims

    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.

  • November 25, 2015

    Aetna Pushes For Sanctions In Surgery Center Kickback Suit

    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.

  • November 25, 2015

    Wal-Mart Slams Class Cert. Bid In Mexico Bribery Suit

    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.

  • November 25, 2015

    Kimberly-Clark Says Rival Recycling Arguments In Diaper Spat

    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.

  • November 25, 2015

    Merchants Slam $7.25B Interchange Fee Deal's 'Limited' Relief

    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.

  • November 25, 2015

    Microsoft Ditches Workers' Suit Over No-Poaching Deals

    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.

  • November 25, 2015

    Chile Wants E-Commerce, Competition Folded Into WTO Talks

    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.

  • November 25, 2015

    Albertsons Buying Back 30 Stores From Bankrupt Haggen

    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.

  • November 25, 2015

    Barclays Settles Investor Suit Over Libor Rigging For $14M

    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.

  • November 25, 2015

    Ex-Official Pleads Not Guilty In Alleged NJ Bid Rig Scheme

    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.

  • November 24, 2015

    Comcast Faces DOJ Probe Amid Cable Ad Antitrust Concerns

    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.

  • November 24, 2015

    DC Circ. Clears MWI In Nigerian FCA Suit

    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.

  • November 24, 2015

    Bleach Makers Agree To Pay $2.2M To Settle Antitrust Claims

    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.

  • November 24, 2015

    3 Banks Say Lack Of Jurisdiction Frees Them From Forex Suit

    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.

  • November 24, 2015

    Car Shippers Blast GM 'Ruse' To Keep Antitrust Claims Alive

    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.

  • November 24, 2015

    Competition MVP: Gibson Dunn's M. Sean Royall

    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.

Expert Analysis

  • O’Bannon And Alternative Forms Of Injunctive Relief

    James P. Menton Jr.

    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.

  • 3 Takeaways From Freight Forwarder Antitrust Litigation

    Richard L. Furman

    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.

  • Yates Sees Compliance Officers As DOJ's 'Crucial Partner'

    Linda Dale Hoffa

    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.

  • German Cartel Office Can Challenge Deal After Closing

    Daniel Wiedmann

    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.

  • An Inconsistency In Applying Florida's Noncompetition Law

    Ben Ziggy Williamson

    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.

  • Should In-House Counsel Use US Contract Terms In Europe?

    Mark Webber

    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.

  • Take Your Marks: An Associate’s Guide To Your 1st Big Trial

    Caryn Clark

    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.

  • Antitrust, Fraud Prosecutors Will Continue To Cooperate

    Jeremy P. Evans

    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.

  • 1 Drink Too Many: Why Consumers Will Lose With Beer Merger

    Andre Barlow

    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.

  • 3rd Quarter Saw A Rise In FCPA Enforcement

    Marc Alain Bohn

    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.