Competition

  • December 18, 2014

    Former Rite Aid VP Cops To $15M Kickback Scheme Lies

    A former Rite Aid Corp. vice president and a liquidation business owner agreed Thursday in Pennsylvania federal court to plead guilty to a felony charge in connection with an alleged nine-year kickback scheme that defrauded the pharmacy giant of nearly $15 million.

  • December 18, 2014

    US Takes Heat In Geneva For Food Safety, Procurement Rules

    The World Trade Organization on Thursday wrapped up a comprehensive audit of U.S. trade policy that saw numerous members take broad swipes at a slew of purportedly onerous regulations, with much of the criticism centering on rules governing food safety and government procurement.

  • December 18, 2014

    Daimler Sets Aside An Additional €600M In EU Antitrust Probe

    German automaker Daimler AG announced Thursday that it is increasing its provision by €600 million ($737 million) after the European Commission shined its spotlight on the company in November on an ongoing antitrust probe into commercial auto manufacturers.

  • December 18, 2014

    French Antitrust Watchdog Fines Consumer Goods Cos. $1.2B

    France’s antitrust watchdog on Thursday hit L'Oreal SA, The Procter & Gamble Co. and nine other companies with fines totaling €951.1 million ($1.17 billion) over collusive practices in the home and personal care product sectors, marking some of the “most significant” fines ever issued by the regulator.

  • December 18, 2014

    Vale Stuck Facing Trial In US Over Guinea Mining Rights

    A federal judge in New York on Wednesday refused to throw out a suit brought by London mining company Rio Tinto PLC accusing its rival Vale SA and an Israeli diamond magnate of bribing Guinean government officials to steal Rio Tinto's rights to a multibillion dollar untapped iron-ore deposit.

  • December 18, 2014

    FERC Seeks $30M In Hedge Fund, Trader Manipulation Fines

    The Federal Energy Regulatory Commission on Wednesday proposed approximately $30 million in fines for a Pennsylvania-based hedge fund and a trader working on its behalf over electricity market manipulation allegations, claims the hedge fund's owners have been publicly fighting.

  • December 17, 2014

    3rd Circ. Won't Undo Injunction On Euro-Pro Steam Claims

    The Third Circuit on Wednesday affirmed a preliminary injunction issued to steam iron manufacturer Groupe SEB USA in a suit over a competitor’s advertising claims, finding that Euro-Pro’s packaging unambiguously and falsely told consumers that its Shark steam irons had more powerful steam than SEB’s Rowenta irons.

  • December 17, 2014

    CNN, Others Denied Copy Of Steve Jobs Depo In Apple Case

    A California federal judge on Wednesday blocked Cable News Network Inc. and other media outlets from obtaining a video deposition from late Apple co-founder Steve Jobs after it was played for the jury earlier this month in the $351 million iTunes antitrust class action trial.

  • December 17, 2014

    Broker-Dealer Execs Plead Guilty In $60M Bribery Scheme

    Two former executives of broker-dealer Direct Access Partners LLC pled guilty Wednesday to participating in a $60 million bribery scheme arising out of the company's transactions with a Venezuelan bank, in violation of the Foreign Corrupt Practices Act.

  • December 17, 2014

    Apple Canada Ordered To Turn Over Docs In IPhone Probe

    The Federal Court of Canada on Wednesday ordered Apple Inc.'s Canadian subsidiary to hand over documents related to a government investigation into allegations that the iPhone maker uses “anti-competitive clauses” in its contracts with wireless carriers to drive up the retail price of rival phones.

  • December 17, 2014

    EU Needn't Duplicate Members' Antitrust Probes, Court Says

    A European Union court on Wednesday ruled for the first time that the EU’s competition watchdog is entitled to reject a complaint on the grounds that one of the EU member state’s own competition authorities is already investigating the same matter, rejecting an appeal from Slovenian telecom company Si.mobil.

  • December 17, 2014

    Avon China Pleads Guilty In $135M DOJ, SEC Deal

    Avon Products Inc. received court approval Wednesday for half of a $135 million settlement to end DOJ and SEC investigations over the beauty giant's business practices in China, as its unit based there entered a guilty plea to Foreign Corrupt Practices Act misdeeds.

  • December 17, 2014

    Chanos Beats Wynn Resorts' FCPA Defamation Suit

    A California federal judge on Tuesday tossed casino mogul Steve Wynn’s defamation suit accusing short-seller James Chanos of saying at an invitation-only journalism conference that Wynn violated the Foreign Corrupt Practices Act, ruling Chanos' opinions about casinos in Macau were much vaguer than that.

  • December 17, 2014

    Competition MVP: Hausfeld LLP's Michael Hausfeld

    Hausfeld LLP Chairman Michael Hausfeld scored a game-changing victory against the National Collegiate Athletic Association in an antitrust case, forcing the league to let universities pay student athletes and earning him a spot on Law360's list of Competition MVPs.

  • December 17, 2014

    EU Court Upholds €357M Pilkington Car Glass Cartel Fine

    A European Union court Wednesday ruled that Pilkington PLC participated in a cartel to fix the price of car glass, upholding the European competition watchdog’s €357 million ($443 million) fine against the company not long after it nixed or trimmed the other alleged  participants’ fines.

  • December 17, 2014

    Cohen Milstein, Others To Helm Propane Tank Antitrust MDL

    Cohen Milstein Sellers & Toll PLLC, Berger & Montague PC and Susman Godfrey LLP were tapped Monday to represent propane tank purchasers in multidistrict litigation accusing leading tank manufacturers AmeriGas Partners LP and Ferrellgas LP of engaging in a de facto price-fixing scheme by reducing the amount of propane in tanks without changing the price.

  • December 16, 2014

    8 Firms Get $99M In US Foods Price-Scam Class Action Deal

    A Connecticut federal judge has approved $99 million in fees for attorneys who represented businesses in a $297 million settlement of a class action accusing US Foods Inc. and former parent company Royal Ahold NV of engaging in a price-inflation scheme.

  • December 16, 2014

    Levin Takes One Last Swing At Wall Street With Trading Bill

    Sen. Carl Levin is taking one last swipe at Wall Street corruption before he retires next month, urging the Senate on Tuesday to take action to limit financial institutions’ ability to trade on commodities information they gain by owning large swaths of the industries they’re betting on.

  • December 16, 2014

    Former Nonprofit Worker Indicted For Afghanistan Bribery

    A former International Relief and Development Inc. employee was indicted Tuesday in Texas federal court for allegedly soliciting and accepting bribes in exchange for his influence in awarding government-funded contracts in Afghanistan, prosecutors said.

  • December 16, 2014

    MMA Fighters Clobber UFC With Monopoly Class Action

    Current and former mixed martial arts fighters hit the Ultimate Fighting Championship with a multimillion-dollar putative class action in California federal court Tuesday, alleging the company maintains a stranglehold on the MMA market, has systemically choked out rival promoters and is blocking fighters from higher earnings.

Expert Analysis

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • 4 Antitrust Tips For Bidding On Land For O&G Production

    Joshua Stokes

    When prospective participants in a new oil and gas play are not already involved in well-designed and structured joint ventures, new opportunities can create potential antitrust liability for developers who may be tempted to share, or requested to share, commercially sensitive information with their competitors, say attorneys with Crowell & Moring LLP.

  • What Lawyer-Novelists Learned From Being Lawyers

    Michael H. Rubin

    The consensus that emerged from my discussions with several lawyers who have become best-selling novelists is that the traits it takes to be a great lawyer are invaluable in crafting first-rate mysteries and thrillers. Both thriller authors and lawyers possess a concentrated attention to detail that allows them to create a logical framework for their story, brief or courtroom presentation, says Michael Rubin of McGlinchey Stafford PLLC.

  • When A State Agency Strays Into Antitrust Liability

    Lesli Esposito

    Over the last 20 years, the antitrust laws have been treated like pro-consumer, public welfare statutes. In spite of this, the medical and dental industries apparently don’t see a place for “public welfare” when a state agency regulates a profession and includes practicing professionals who could be self-interested in the outcome of their decisions, say Steven Levitsky and Lesli Esposito of DLA Piper LLP.

  • In Libor MDL, Need For Appellate Certainty May Carry The Day

    Carl Solano

    An appellant's need for certainty about when it must appeal was highlighted during the U.S. Supreme Court’s argument in Gelboim v. Bank of America Corp. on Tuesday, and it may lead to a decision favoring a bright-line rule that permits appeals of dismissed cases that have been consolidated during multidistrict litigation proceedings, say Carl Solano and Christian Sheehan of Schnader Harrison Segal & Lewis LLP.

  • 8 Tips For Avoiding FCPA Risks In Foreign Official Travel

    William Steinman

    While the Foreign Corrupt Practices Act contains provisions that allow companies to incur reasonable and bona fide travel and lodging expenses on behalf of foreign officials, a recent U.S. Securities and Exchange Commission action underscores that this can be a high-risk activity. To mitigate these risks, compliance professionals should remember the old Russian proverb “trust, but verify,” says William Steinman of Steinman & Rodgers LLP.

  • Sub-Regressions: A Rigorous Test For Antitrust Class Cert.

    Laila Haider

    Recently, the New York federal magistrate judge in the Air Cargo Shipping Services Antitrust Litigation was not swayed by a particular type of statistical testing he referred to as "sub-regressions." Though it is a legal question whether the results are probative in any given case, it is critical to not junk a valid statistical approach that may be crucial for the economic analysis of class certification, say Laila Haider and Munee... (continued)

  • Tech-Tying Vs. Section 2 Of The Sherman Antitrust Act

    Kellie Lerner

    Unfortunately, there is no unanimity among the courts of appeal that have addressed when a technological tie violates the antitrust laws. However, courts generally consider the degree of improvement, the purpose of the product redesign, and whether there is genuine consumer demand for the new product, say Kellie Lerner and David Kurlander of Robins Kaplan Miller & Ciresi LLP.

  • Why The McDonnell Corruption Trial Was More Than Fair

    Randall Eliason

    In his denial of a new trial for former Gov. Robert McDonnell and his wife, the Virginia federal judge this week again focused on whether the government had proven “official acts.” I think this is the wrong legal standard. And if I’m right, it means the McDonnells got a trial where the legal cards were actually stacked in their favor, says Randall Eliason, a law professor and former federal prosecutor.

  • And Now A Word From The Panel: End Of An Era

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Charleston, South Carolina, for its Dec. 4 hearing, let's take a moment to acknowledge a changing of the guard as Judge John Heyburn II, panel chairman for the past seven years, passes the torch. The panel also welcomes its newest member, from the Eastern District of Missouri, says Alan Rothman of Kaye Scholer LLP.