Competition

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    9th Circ. Tosses Canon Antitrust Class Action

    The Ninth Circuit on Tuesday shuttered an electronics repair shop’s proposed antitrust class action alleging Canon is illegally stingy with independent service facilities, finding that California law doesn’t force the company to provide parts and other supplies for repairs.

  • July 26, 2016

    Air Liquide Seeks FTC Nod On Airgas Deal Divestitures

    Air Liquide has asked the U.S. Federal Trade Commission to consent to its sale of carbon dioxide assets to Aspen Air U.S. Corp. as part of its obligations under a divestiture agreement to clear its $13.4 billion acquisition of Airgas, the agency said Tuesday.

  • July 26, 2016

    FBI Bugging Of Courthouse Entrances Not Illegal, Judge Says

    An Oakland federal judge recently ruled that the FBI did not unlawfully bug the outside of two Bay Area courthouses in the course of a bid-rigging investigation into foreclosure auctions, saying those recorded did not have a reasonable expectation of privacy in their conversations outside the buildings.

  • July 26, 2016

    Dow, DuPont Send EU Watchdog Concessions On $130B Deal

    Chemical giants DuPont Co. and Dow Chemical Co. submitted concessions to the European Union’s competition authority last week as part of their push for regulatory approval of their proposed $130 billion tie-up.

  • July 26, 2016

    EU Releases E.ON Early From Gas Grid Restrictions

    The European Commission has granted German gas provider E.ON AG early release from binding commitments agreed to in 2010 that allowed its competitors better access to pipelines, saying Tuesday the agreement had done its job to increase competition in the German gas market.

  • July 26, 2016

    Unrepentant Blagojevich Doesn't Deserve Leniency: Gov't

    In their final written arguments before ex-Illinois Gov. Rod Blagojevich’s resentencing next month, prosecutors told the federal judge overseeing the disgraced politician’s case Monday that he still hasn’t accepted responsibility for his crimes, while his defense argued the crimes remaining are less serious and warrant a shorter sentence.

  • July 26, 2016

    Ladbrokes, Coral Must Shed Up To 400 Shops To Merge: CMA

    The U.K.'s antitrust watchdog said Tuesday that gaming outfits Ladbrokes and Gala Coral Group Ltd. will have to sell 350 to 400 licensed betting offices in order to quell competition concerns raised by their planned £2.3 billion ($3.52 billion) merger.

  • July 26, 2016

    AB InBev’s New SABMiller Offer Not Sweet Enough For Some

    Anheuser Busch InBev on Tuesday increased its more than $100 billion offer for SABMiller plc in hopes of quelling investor disdain over the growing inequity between the cash offer and the partial share alternative, but the sweetened offer is already being slammed by one of SABMiller’s top shareholders as “unacceptable.”

  • July 26, 2016

    EU Accepts Paramount Settlement Of Pay-TV Antitrust Charges

    European Union antitrust authorities announced the acceptance Tuesday of conditions closing out Paramount Pictures' part in broader ongoing EU allegations against six major U.S. film studios accused of blocking access to pay-TV content across national borders.

  • July 26, 2016

    PMC Global Says $835M Dow Urethane Settlement Unfair

    Manufacturer PMC Global Inc. on Monday told a Kansas federal court it objected to a plan to allocate an $835 million settlement with Dow Chemical over price-fixing allegations, saying the fund should reimburse class members who purchased an ingredient used in foam products during 2000 and earlier.

  • July 25, 2016

    Arnold & Porter Ducks DQ In Defense Of Menendez Pal

    A Florida federal judge on Monday rejected federal prosecutors' bid to disqualify Arnold & Porter LLP from representing a doctor — separately charged with bribing Sen. Robert Menendez, D-N.J. — in a Medicare fraud case, ruling it is too late in the case to disqualify the doctor's attorneys.

  • July 25, 2016

    11 States Back FTC's Ill. Hospital Merger Challenge In 7th Circ.

    Eleven state attorneys general filed an amicus brief Friday supporting the Federal Trade Commission’s recent push in the Seventh Circuit to block the merger of two Chicago health care systems.

  • July 25, 2016

    HP Can't Nix Oracle's Software Copyright Suit

    A California federal judge has denied Hewlett Packard Enterprise’s request to throw out a lawsuit alleging it distributed copyrighted Oracle software code through its tech support companies, saying in an order unsealed Friday that he would allow the direct copyright and contract interference claims.

  • July 25, 2016

    Maxim Ruling Opens FERC Up To Deeper Court Scrutiny

    A federal judge's recent ruling that the Federal Energy Regulatory Commission must go through a full court case, as opposed to merely having the judge review the agency's proceedings, to enforce a market manipulation penalty against Maxim Power Corp. could drag out the enforcement process and improve companies' chances of defeating FERC's allegations, experts say.

  • July 25, 2016

    Ex-Germany Soccer Head Hit With 1-Year FIFA Ban

    The FIFA Ethics Committee on Monday said it has issued a one-year ban for the former head of the German soccer federation and vice president with the 2006 World Cup Organizing Committee, finding that he failed to report misconduct to the international soccer governing body, including potential bribery tied to the awarding of the 2006 World Cup to Germany.

  • July 25, 2016

    Paul Hastings Adds IP, Antitrust Pro From Patterson Belknap

    Paul Hastings LLP has bolstered its intellectual property practice with a patent and antitrust litigation specialist who formerly served as a partner at Patterson Belknap Webb & Tyler LLP and focuses on life sciences and technology.

  • July 25, 2016

    FCC Told Set-Top Rules Mustn't Apply To Small Providers

    A rural broadband group has told the Federal Communications Commission that whatever plan it adopts to allow consumers to access their pay-TV programming on third-party devices, smaller companies must receive an exemption for rules that could push them out of business.

  • July 25, 2016

    EU Tells Spain To Retake $152M Pumped Into Rail Project

    The European Commission has ordered Spain to recover some €141 million ($152 million) paid out to its state rail infrastructure operator for the construction of a test center for high-speed trains, saying Monday the funds constituted illegal state aid.

  • July 25, 2016

    NCAA Says O'Bannon Not Really Against Its High Court Bid

    The NCAA recently urged the U.S. Supreme Court to take up its challenge of the Ninth Circuit’s finding that the organization's rules prohibiting student-athletes from being paid are anti-competitive, saying that despite their opposition brief, the athletes actually favor part of the association's petition for review.

Expert Analysis

  • Improving Merger Analysis With Randomized Control Trials

    Elizabeth M. Bailey

    In this new world of “big data,” there are many instances in which antitrust practitioners may be able to do better in their ability to draw causal relationships in merger analysis by using a controlled experiment technique known as randomized control trials. It is notable that businesses and academics are already using these empirical tests, says Dr. Elizabeth Bailey of NERA Economic Consulting and University of California, Berkeley.

  • How Law Firms Can Create Next-Generation Office Spaces

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    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • 'Passive Investor' Lessons From Record HSR Act Settlement

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    The record $11 million fine against ValueAct announced last week for alleged violations of the Hart-Scott-Rodino Act should remind “passive investors” of the implications of communicating with executive management of companies in which they hold voting securities, says Stephen Pepper of Greenberg Traurig LLP.

  • 5 Global Merger Control Developments You Need To Know

    Jason Cruise

    The first half of 2016 featured several developments in global merger control that may impact the timing and antitrust risk of your next deal, says Jason Cruise of Latham & Watkins LLP.

  • Will McDonnell Corruption Decision Save Silver And Skelos?

    James Corsiglia

    There has been widespread speculation that the U.S. Supreme Court's recent McDonnell decision provides a means to avoid prison for two of the most prominent politicians embroiled in corruption cases — Sheldon Silver and Dean Skelos. James Corsiglia of Cleary Gottlieb Steen & Hamilton LLP takes a look at whether their acts meet the new standard of “official acts” laid down in McDonnell.

  • OPINION: Stop Pharma Hopping Mischief

    David Balto

    In the classic "Peanuts" gag, Charlie Brown runs full speed at the football only to fall flat on his back as Lucy pulls it away. On Thursday, the Third Circuit will hear oral arguments in Mylan v. Warner Chilcott, a product-hopping case where branded manufacturers will argue that it is OK to be Lucy, always pulling the ball away from generic manufacturers, says David Balto, a former policy director at the Federal Trade Commission.

  • How To Close A Law Firm — Practically And Ethically

    Janis M. Meyer

    Winding down a law firm is at best stressful, at worst excruciatingly painful, and often carried out as if it were an emergency, rendering the process even more difficult. There are certain common steps that should be on the firm's radar from the moment the decision to dissolve is made, says Janis Meyer, a partner with Hinshaw & Culbertson LLP who helped oversee Dewey & LeBoeuf's 2012 bankruptcy filing and the subsequent wind-down of the firm.

  • Brexit’s Antitrust Implications For US Companies

    Paula Riedel

    In the long term, there could be an “uncoupling” of the U.K. antitrust process from the EU process. This would add to companies' administrative and cost burdens, and the U.K. might come explicitly closer to the U.S. position on issues such as monopoly power and vertical restraints, says Paula Riedel of Kirkland & Ellis LLP.

  • The First 90 Days Of DOJ's FCPA Pilot Program

    Brian F. Saulnier

    Three months ago, the U.S. Department of Justice introduced a yearlong Foreign Corrupt Practices Act pilot program. Initial observations demonstrate a real commitment to decreasing the length and burden of FCPA investigations and equipping corporate boards with a road map for efficient FCPA compliance programs, say attorneys with K&L Gates LLP.

  • How China Is Changing Calculation Of Illegal Gains And Fines

    Huang Wei

    China's National Development and Reform Commission recently released draft guidelines on the calculation of illegal gains and fines for monopolistic conduct. The explanations and clarification may eliminate many of the concerns regarding the current enforcement mechanism, say attorneys with Tian Yuan Law Firm.