Competition

  • November 22, 2017

    Google, Netflix 'Irrelevant' To DOJ 2nd Circ. Appeal, BMI Says

    Broadcast Music Inc. asked the Second Circuit on Wednesday to bar Google, Netflix and media industry players from opposing its right to sell partial interests in music in the U.S. Department of Justice’s suit against the performance rights organization, saying their arguments are irrelevant.

  • November 22, 2017

    Medicis, Solodyn Buyers Duel For Quick Wins In Antitrust MDL

    Medicis Pharmaceutical Corp. and two classes of Solodyn buyers have each asked a Massachusetts federal court for quick wins to end the buyers’ pay-for-delay suit accusing Medicis of paying generic-drug makers to stay off the market for the acne medication, with the parties fighting over how much competition exists.

  • November 22, 2017

    FCC To Rethink Broadcast Ownership Cap Next Month

    The Federal Communication Commission on Tuesday announced a plan to review and possibly modify or eliminate regulations that keep in check the percentage of national broadcast audience a company’s television stations can reach, a move critics have ripped as paving the way for unhealthy media consolidation.

  • November 22, 2017

    Judges In Recent Merger Challenges Share Cautionary Tales

    Merger challenges place a good deal of weight on the shoulders of federal judges, but there are some things attorneys can keep in mind that help lighten the judiciary load. Here, Law360 looks at some advice recently given by a pair of D.C. district judges who have presided over some of the biggest merger cases of late, including best practices and things they said attorneys should avoid.

  • November 22, 2017

    NFL Stifles Competition With 'Sham' Rules, Ex-Agent Says

    A sports agent who once represented 53 aspiring National Football League players hit the NFL and the NFL Players Association with an antitrust suit in Massachusetts federal court Tuesday, accusing the league of stifling competition and implementing a "sham" three-year agent certification rule to keep new agents out of the industry.

  • November 22, 2017

    EU Levies €34M In Fines Over Auto Parts Cartel

    The European Commission on Wednesday announced a €34 million ($40.1 million) fine against five auto parts manufacturers in an investigation into anti-competitive practices in the industry, while a larger portion of the investigation continues.

  • November 22, 2017

    Deal Makers Ready To Shake Off 2017’s Cloud Of Uncertainty

    Companies and financial sponsors are expected to dive back into dealmaking in the coming year as they opt to stomach any lingering uncertainty from global regulatory and political challenges in order to take advantage of favorable economics and tap into growth.

  • November 21, 2017

    3 Key Issues In DOJ's AT&T-Time Warner Merger Complaint

    The U.S. Department of Justice upended conventional wisdom with its lawsuit Monday claiming that the vertical integration of AT&T Inc.'s DirecTV distribution network with Time Warner Inc.'s must-have content would lead to hundreds of millions of dollars worth of price increases and squelch innovative competition in digital video distribution.

  • November 21, 2017

    Chicken Cos. Must Face Broiler Chicken Price-Fixing Suit

    The nation’s largest poultry producers must face most claims in a major antitrust lawsuit brought by three classes of consumers alleging the companies conspired to fix prices of broiler chickens, an Illinois federal judge ruled Monday.

  • November 21, 2017

    Bet-The-Business Merger Trial? O'Melveny Gets Tapped Again

    As the government tries to block AT&T from buying Time Warner in what could be the first merger trial under the new administration, the telecom giant has put its hopes for a digital content future in the hands of a firm that's been no stranger to courtroom faceoffs in the last decade. Here, Law360 looks at the biggest challenges O'Melveny & Myers LLP has defended in recent years.

  • November 21, 2017

    Judge Slams Battery Co.'s 'Gamesmanship' In Antitrust MDL

    A California federal judge on Tuesday threatened to sanction Simplo USA and hold it in contempt for violating orders requiring the lithium-ion battery pack developer to hand over sales data in multidistrict litigation over an alleged conspiracy to fix battery prices, saying “all I see is gamesmanship — nothing else.”

  • November 21, 2017

    AT&T-Time Warner Judge Is No Stranger To Mega-Mergers

    The U.S. Department of Justice’s challenge of AT&T’s planned Time Warner purchase was assigned to Senior Judge Richard J. Leon on Tuesday, a D.C. district judge with extensive antitrust experience who required extra conditions before greenlighting the government’s settlement with Comcast for its NBC Universal deal.

  • November 21, 2017

    NOAA Shutters Fishing Group Once Run By 'The Codfather'

    The National Oceanic and Atmospheric Administration has shut down Northeast Fishery Sector IX, a fishing group formerly run by a New England industry giant known as "the Codfather," an NOAA regional administrator told the group's president in a letter Monday.

  • November 21, 2017

    DOT, FAA Want Out Of Dallas Airport Gate Access Fight

    The Federal Aviation Administration and the U.S. Department of Transportation on Monday argued they should be freed from a Texas federal court fight between Southwest Airlines Co. and Delta Air Lines Inc. and the city of Dallas over gate access at a local airport.

  • November 20, 2017

    Barrett, Nast, Roberts Ask To Lead Dairy Price-Fix Action

    Three attorneys from Barrett Law Group PA, NastLaw LLC and Roberts Law Firm PA asked an Illinois federal court Monday to lead a dairy consumer class action alleging that a now-canceled program to slaughter milk cows led to illegal price fixing in the industry.

  • November 20, 2017

    Chicago Hit With Antitrust Action Over Lighting Project

    An Illinois-based lighting company slapped the city of Chicago with an antitrust suit Friday, saying the city wrongfully relaxed proposal rules in its subcontractor request for modernized outdoor lighting so it could use the less energy-efficient General Electric Lighting products it already knew it wanted to use.

  • November 20, 2017

    3 UK Forex Traders Seek Dismissal Of Rate-Rigging Charges

    Three London-based foreign exchange traders whom New York federal prosecutors accused of violating antitrust laws by teaming up to influence two key foreign exchange benchmarks asked a judge to dismiss the case against them on Friday, saying they did nothing wrong and shouldn’t have been charged.

  • November 20, 2017

    Google, Netflix Say DOJ Fuzzy On BMI Music Interest Sales

    Google, Netflix and several other media industry players asked the Second Circuit on Friday for permission to appear at oral arguments in the U.S. Department of Justice's dispute with Broadcast Music Inc., saying the DOJ has left open a possibility for BMI to sell partial interests in music, despite previously arguing against the practice.

  • November 20, 2017

    EU Orders Greece To Recover €55M In Misused State Aid

    Greece will have to recover €55 million ($64.5 million) in financial support provided to a Greek defense and munitions company, Hellenic Defence Systems SA, because the loans fell outside the scope of European Union state aid rules and distorted competition, the European Commission announced Monday.

  • November 20, 2017

    DOJ Challenges AT&T's $85.4B Bid For Time Warner

    The U.S. Department of Justice sued Monday to block AT&T Inc.'s $85.4 billion deal for Time Warner Inc., arguing that the combination of the telecom company's DirecTV television provider with the owner of key content like CNN and HBO would lead to higher prices for consumers and hinder innovation for video distribution.

Expert Analysis

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    Alexander Hamilton and the Development of American Law

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • High Transparency May Help SSOs Under Attack By DOJ

    David Newman

    Member-driven standard-setting organizations have traditionally steered clear of antitrust focus despite their inevitable tendency for concerted action. However, new scrutiny espoused by Assistant Attorney General Makan Delrahim should lead SSOs to change protocol, says David Newman, leader of Gould & Ratner LLP's intellectual property group.

  • Key Takeaways From The ABA Antitrust Fall Forum

    Jon Jacobs

    At the American Bar Association's annual Antitrust Fall Forum last week, the theme was “predictability,” and we heard from all three branches of government — from keynote addresses by agency enforcers and legislators, to an entertaining panel with federal judges who presided over recent trials, say attorneys with Perkins Coie LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.