Chevron is again pushing back development plans for a $6.4 billion gas venture it shares with PetroChina, while a federal official warns a prospective Comcast-Time Warner merger would be hard-pressed to clear a regulatory review.
The European Commission said Thursday that it made several unannounced inspections at companies — including Samsung Group — throughout the European Union based on suspicions that they manipulated the online prices of some electronics and domestic appliances.
Brazil's antitrust watchdog on Wednesday proposed allowing Anhanguera Educacional Participacoes SA and Kroton Educacional SA, two of the country's largest for-profit education providers, to merge, but only with conditions to keep the deal from harming competition for undergraduate services in three cities.
The German federal cartel office on Thursday published a draft of a new guidance document to help foreign companies more easily determine whether proposed mergers “significantly affect” the German market and therefore subject to German M&A control rules.
Samsung Electronics Co. Ltd. and a class of consumers urged the Ninth Circuit on Thursday to revive their separate antitrust suits over an alleged patent-licensing cartel among Panasonic Corp. and other flash memory card makers, arguing that a district court judge incorrectly found both sets of claims time-barred.
Federal Trade Commission staff challenging Ardagh Group SA's $1.7 billion deal to buy a unit of France's Saint-Gobain SA asked the commissioners on Wednesday to exclude evidence brought by Ardagh Group SA to show it might spin off some of its glass container units if were allowed to move forward with the transaction.
The European Commission updated its merger rules Thursday to make more deals eligible for a simplified review and reduce the amount of information the watchdog requires companies to provide about all mergers.
The Second Circuit on Thursday killed a failed magazine advertising research firm’s antitrust suit claiming one-time rival GfK Mediamark Research & Intelligence LLC drove it out of business, finding no strong evidence of predatory pricing or attempted market monopolization.
America Movil could face forced asset sales based on findings from Mexico's telecom watchdog, while Kyle Bass' Hayman Capital unloaded the hedge fund's remaining stake in J.C. Penney.
A California federal judge on Tuesday refused to toss an antitrust suit accusing patent aggregator RPX Corp. and several Android device makers of conspiring to refuse patent licenses from Cascades Computer Innovation LLC, finding that Cascades had sufficiently bolstered its previously dismissed complaint.
The European Union's highest court on Thursday upheld a nearly €140 million ($191 million) fine against Solvay SA for its role in an alleged bleach cartel, but it rejected the European Commission's bid to reinstate a €58 million fine against Edison SpA for the same plot.
The Judicial Panel on Multidistrict Litigation was slated to hear oral arguments on Thursday on whether to combine pretrial proceedings on a host of cases accusing Goldman Sachs Group Inc., JPMorgan Chase & Co. and others of striking anti-competitive warehousing agreements to artificially inflate the cost of storing aluminum.
Whole Foods Market Inc. was slapped with an infringement and unfair competition suit in Washington federal court Tuesday by organic health food company Eat Right Foods Ltd., which alleges the grocer has stepped on its trademarks by affixing the phrase "eat right" to certain products in its stores.
Bank of America Corp. agreed Wednesday to pay $20 million to settle part of a multidistrict litigation accusing it and other financial institutions of bid-rigging in the municipal bond derivatives market.
A California federal judge on Wednesday ruled that documents related to a settlement agreement HannStar Display Corp. reached with two Sony Corp. units in multidistrict litigation over the alleged price-fixing of liquid crystal display panels are inadmissible, refusing to find that HannStar breached the agreement.
The founder of technology services company Advanced Solutions for Tomorrow Inc. on Wednesday was sentenced to three years in prison and ordered to pay nearly $18 million in restitution to the U.S. Navy for his participation in a 15-year, $10 million kickback and bribery scheme.
A British competition court quashed a decision by the U.K. Competition Commission blocking Groupe Eurotunnel SA from running ferry service across the English Channel following its €65 million ($88.3 million) acquisition of assets from the defunct SeaFrance SA, raising doubts as to whether the regulator had jurisdiction over the deal.
A Florida federal judge on Wednesday sentenced a patient recruiter for a Miami health care company to nine years in prison for his role in a $48 million Medicare kickback scheme, the U.S. Department of Justice announced.
Air travelers on Wednesday urged the Ninth Circuit to revive their antitrust class action over the $3 billion merger between United Air Lines Inc. and Continental Airlines Inc., arguing the lower court was wrong to dismiss the case because they've shown the deal harmed competition in the national airline market.
A Florida federal judge on Tuesday denied Nestle Health Science-Pamlab's bid for a preliminary injunction to block Virtus Pharmaceuticals LLC from marketing a generic version of prescription medical foods, saying the suit is based on unfair competition claims and not harm to patients.
The aggressively regulatory approach under the Consumer Choice in Online Video Act ensures that the bill as a whole is not likely to become law. The Furthering Access and Networks for Sports Act, introduced in the Senate the same day, addresses sports blackouts and also is unlikely to move as a standalone bill, say Seth Davidson and Arthur Harding of Edwards Wildman Palmer LLP.
Mandated law student pro bono programs have not worked in championing the causes of social justice for those unable to afford counsel. States would be far better off using their resources to insist on a legislative solution to a very troubling and persistent deficiency in the allocation of legal resources, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.
Remarks from U.S. Department of Justice and U.S. Securities and Exchange Commission officials at the 30th International Conference on the Foreign Corrupt Practices Act reaffirmed the heightened risk of prosecutions — and particularly the increased potential for multijurisdictional investigations — at a time when some observers have perceived diminishing support for anti-corruption enforcement, say Taylor Phillips and Eli Richardson of Bass Berry & Sims PLC.
Picture this: A seller of goods is losing tens of millions of dollars per year on a requirements contract containing price caps that the parties have operated under for years. Given the Uniform Commercial Code and relevant case law, it would be natural — and completely logical — to accept the cogent authority establishing that rising costs are generally insufficient to invalidate a contract. I am betting that, in this case, the law will trick you, says Andrew Jarzyna of Ulmer & Berne LLP.
Not enough consideration has been devoted to the economic forces that work to suppress the opportunities for "hold-up" that standard-essential patent status might otherwise suggest. Moving to limit patent infringement litigation by SEP holders committed to licensing on fair, reasonable and nondiscriminatory terms is more nuanced than advocates would have us believe, says Donald Martin of ARPC.
The Sixth Circuit’s recent decision in Groeneveld Transport Efficiency Inc. v. Lubecore International Inc. did not raise the bar in terms of succeeding on a claim of trade dress infringement in the context of a product configuration, but the pro-competition opinion did clearly reset the height of the bar by applying well-established principles of intellectual property law, says Thomas Anastos of Ulmer & Berne LLP.
When researching an expert, look for whether the expert’s opinion and methodology in the case is consistent with the expert’s approach outside of litigation. Inconsistency in an expert’s opinion not only is great fodder for cross-examination, but might also point to a more serious methodological problem that can form the basis for a Daubert challenge, says Matthew Whitley of Beck Redden LLP.
From dog sniffs and DNA to the Voting Rights Act and DOMA, the U.S. Supreme Court had its hands full in the last term. And 2013 brings an equally lively docket, with decisions expected on campaign spending, recess appointments and affirmative action, to name a few. There will also be more cases on Fourth and Fifth Amendment issues, and no fewer than eight cases involving the U.S. Environmental Protection Agency, says Jason Steed of Bell Nunnally & Martin LLP.
As seen by several recent health care fraud cases, October 2013 could well be dubbed the physician convictions and indictments month. Such cases suggest that employers should require physicians to notify them within a specified number of days after they become aware of an investigation of their practices by Medicare, Medicaid or other third-party payors, says Robert Wolin of BakerHostetler LLP.
While it has been best practice for several years to evaluate and monitor charitable donations using a risk-based approach, Stryker Corp.'s recent $13.2 million Foreign Corrupt Practices Act settlement demonstrates that donations provided to a legitimate entity can still be improper, say attorneys with Norton Rose Fulbright LLP.