Several U.S. Supreme Court justices, including some of the liberals, took a tough line Wednesday on the Mississippi attorney general's argument that so-called parens patriae suits can't be forced into federal court, repeatedly raising concerns about the potential for consumers to recover twice for the same harm.
The European Commission launched an in-depth antitrust investigation into Telefonica SA's proposed €850 million ($1.1 billion) sale of its Irish business to Hutchison Whampoa Ltd., suspecting the deal could substantially reduce competition among Ireland’s wireless providers and lead to price hikes, the agency said Wednesday.
A U.K. appeals court has agreed to review the Competition Commission's decision to block Akzo Nobel NV's takeover of rival Metlac Holding Srl, saying in an order released Wednesday that the Dutch chemical company had a chance of succeeding in a case that could have consequences for the watchdog's reach.
A 25-year veteran of the U.S. Department of Justice's Antitrust Division and one of the architects of its leniency program will be joining Gibson Dunn & Crutcher LLP, where he will focus on criminal antitrust and international cartel cases, the firm announced Wednesday.
The Federal Trade Commission has dropped its inquiry into whether Google Inc.'s $1 billion acquisition of traffic mapping and navigation startup Waze Inc. would be anti-competitive by further strengthening the search giant's dominance in the market for mobile-device map apps, Google confirmed Tuesday.
Ballard Spahr LLP strengthened its ranks with the addition of an expert chemical patent prosecutor for its Atlanta office and an intellectual property and antitrust specialist with expertise in the hospitality sector in Washington, D.C., the firm announced Monday.
It might be a technical question, but a dispute before the U.S. Supreme Court on Wednesday over whether certain state attorney general suits can be removed to federal court could have big implications for companies facing multijurisdictional litigation over anything from price-fixing to product liability.
The Sixth Circuit on Tuesday found that a Texas lawyer can’t bring a $500 million class arbitration against Reed Elsevier Inc. and its LexisNexis division, saying it must abide by the Supreme Court’s instructions for interpreting arbitration clauses, regardless of the fairness of those deals.
The Eleventh Circuit heard oral arguments Tuesday in a million-dollar unfair competition dispute between high-end Chinese restaurant Mr. Chow and a competitor that Chief Circuit Judge Ed Carnes described as perplexing and perhaps best suited for mediation.
JPMorgan Chase Bank NA funneled insurance referrals to a group of mortgage insurance businesses in exchange for kickbacks, in violation of the Real Estate Settlement Procedures Act, according to a putative class action filed Monday in Pennsylvania federal court.
The Senate voted unanimously Monday to pass a bill that would extend whistleblower protections to employees who give federal prosecutors information in criminal antitrust probes, sending the measure over to the House.
The European Commission on Tuesday issued a guidance document outlining when European Union member states should intervene in their renewable and other domestic energy markets, saying poorly implemented interventions harm competition and lead to higher energy prices across the EU.
A Chinese manufacturer on Monday told the California federal judge who's overseeing massive multidistrict litigation alleging a conspiracy to fix prices on cathode ray tubes that the company cannot be included in the suit because it has no physical presence or connection to U.S. commerce.
The U.S. Department of Justice announced on Monday that a California investor has pled guilty to participating in bid-rigging and mail-fraud schemes at public real estate foreclosure auctions, growing the DOJ's list of guilty pleas in its wide-ranging probe to 37.
A cable television and broadband installer accused Comcast Cable Corp. executives of shaking down the company’s contractors for cash payments and kickbacks in exchange for awarding them contracts, according to a pay-to-play and bid-rigging suit filed in Illinois federal court Friday.
Weatherford International Ltd. has inked deals with the U.S. Securities and Exchange Commission to put an end to a probe of Foreign Corrupt Practices Act violations and other corruption investigations at a cost of about $250 million, the oil services outfit revealed Monday.
Though he and his colleagues refused on Monday to review a cy pres privacy settlement reached by Facebook Inc., U.S. Supreme Court Justice John Roberts said the court hoped to review a similar pact in the near future, a warning expected to make litigants and judges think twice before using or approving the increasingly popular form of settlement.
The Delaware bankruptcy judge overseeing Anderson News LLC's Chapter 11 opened the door for Time Inc. and others to bring a counterclaim in the magazine wholesaler's antitrust action against them, allowing the defendants to file late proofs of claim and lifting the court's automatic stay.
A Kansas federal judge gave a partial win to a cellphone reseller in Sprint Nextel Corp.'s ongoing suit alleging trademark infringement and unfair competition, ruling Thursday that Sprint cellphone users can sell their phones to a third party as long as the phones are not activated on the customer’s Sprint account.
The Seventh Circuit on Monday affirmed the dismissal of a proposed class action alleging Wachovia Mortgage FSB placed fraudulent insurance on a homeowner’s property and paid kickbacks to an insurance agency affiliate, finding the complaint didn’t state a viable claim for relief.
Recently, the California Supreme Court issued two important decisions, Zhang v. Superior Court and Rose v. Bank of America, expanding claims that may be made under California’s Unfair Competition Law. While the Zhang decision puts at risk advertisements by insurers, the Rose case opens the door for lawsuits involving the Truth in Savings Act against banks in state court, says Karen Palmersheim of Locke Lord LLP.
While merger agreements almost always have a fixed purchase price without regard to the actual or anticipated length of delay between signing and closing of the transaction, two recent acquisitions have included so-called ticking fees. A transaction with an unusual feature like an upward purchase price adjustment is likely to attract greater attention from plaintiffs’ lawyers, says David Shine of Fried Frank Harris Shriver & Jacobson LLP.
Companies engaged in distribution relationships, particularly those in the middle of the supply chain, can draw useful lessons about antitrust risk from the Southern District of New York's recent ruling in U.S. v. Apple Inc., says Brian McCalmon of K&L Gates LLP.
The U.S. International Trade Commission's Apple Inc. import ban not only will harm consumers, it runs counter to almost every authority that has considered the standard-essential patent issue in the U.S. and abroad. Congress gave the White House the ability to stop the ITC’s outlier ruling from taking effect. The president should exercise his power to do so, says John Jurata Jr. of Orrick Herrington & Sutcliffe LLP.
The recently filed cases against BP PLC, Royal Dutch Shell PLC and Statoil ASA alleging manipulation of Brent crude oil prices are strikingly similar to the well-known 2004 commodities class action In re Natural Gas Commodity Litigation, ranging from the alleged misconduct and government investigations to the industries’ structures and characteristics, say Bernard Persky and Fabricio Nunez of Robins Kaplan Miller & Ciresi LLP.
By determining antitrust legality before a reverse payment agreement becomes effective, a consideration value comparison by the court considering the infringement settlement provides innovator and generic pharmaceutical companies with additional incentive to settle and avoid the inefficient transaction costs associated with conducting patent litigation, say attorneys with King & Spalding LLP.
While the Federal Trade Commission's final order may be the final chapter in the FTC's Google Inc. investigation, significant questions remain as to its impact on other standard-essential patent owners and SEP licenses not involving Google. However, because of the magnitude of Google’s SEP interests, it may well serve as the poster child, forcing similar practices on other SEP owners, says Paul Prestia of RatnerPrestia.
Protecting consumers from false and misleading advertising is a key enforcement priority for both Canada’s Competition Bureau and the U.S. Federal Trade Commission. The bureau’s most recent case against two of Canada’s leading furniture and appliance retailers demonstrates the increasing importance of ensuring clear and accurate advertising, say attorneys with Norton Rose Fulbright.
Investigations or allegations of bribery in China, like the recent accusations against GlaxoSmithKline PLC, will likely garner the attention of regulators in the U.S. and the U.K. Attention to the distinctions among Chinese law, the Foreign Corrupt Practices Act and the U.K. Bribery Act is essential to compliance, say attorneys with Locke Lord LLP.
There is something important that appears to be missing from the discussion and criticism of exclusion orders, as well as injunctions, associated with standard-essential patent infringement — consideration of the workings of existing market and institutional forces that likely would mitigate the incentive to extract “excessive” royalties that have so animated the antitrust community, says Donald Martin of ARPC.