Competition

  • March 22, 2017

    Jury Awards Calif. Mining Families $100M For County's Plot

    A California federal jury on Tuesday awarded two gravel mining families over $100 million on their claims that Sacramento County officials violated their constitutional rights by maliciously forcing them out of business to aid mining rival Teichert Construction.

  • March 22, 2017

    Apple Can't Fully Dodge Antitrust Row Over AT&T iPhone Deal

    A putative class action accusing Apple Inc. of conspiring with AT&T to lock in iPhone customers to the carrier’s voice and data plans moved forward Wednesday when a California federal judge said there was evidence Apple may have manipulated a market centered around such service plans.

  • March 22, 2017

    Food Lion Stands By Merger Arguments In Dairy Antitrust Row

    Food Lion LLC asked a Tennessee federal judge Tuesday not to bar it from raising certain arguments surrounding the merger of dairy company Dean Foods Co. and Suiza Foods Corp. at trial on claims of an alleged conspiracy to limit competition for dairy products, saying Dean’s request goes too far.

  • March 22, 2017

    LG's Sanctions Bid Rebuffed By Workers In Anti-Poach Suit

    A putative class alleging LG and Samsung broke antitrust laws by agreeing not to poach one another’s employees asked a California federal judge on Tuesday to deny LG’s sanctions request, saying the case is based on factual evidence including a Samsung agent’s admission she was instructed not to recruit from LG.

  • March 22, 2017

    US Chamber Can't Sue Over Driver Union Law, Seattle Says

    The city of Seattle told a Washington federal judge Wednesday to toss the U.S. Chamber of Commerce’s suit challenging the city’s law giving for-hire drivers working for companies such as Uber and Lyft the right to unionize, saying the claims are based on speculative events that may never come to pass.

  • March 22, 2017

    Drug Cos. Fight Bid For Quick Win In Namenda Antitrust Suit

    An Allergan PLC unit asked a New York federal judge to deny drug wholesalers’ bid for a win on a federal antitrust claim in their lawsuit over the Alzheimer’s treatment Namenda, arguing Tuesday that findings from a previously litigated case have nothing to do with the matter at hand. 

  • March 22, 2017

    Abbott Denied Early Win In GSK Suit Over HIV Drug Cost

    Abbott Laboratories must again face a GlaxoSmithKline suit claiming a price increase violated its license allowing GSK to use an HIV drug, a North Carolina federal court has ruled, finding North Carolina law governs the unfair competition claims and that GSK has sufficiently substantiated those allegations.

  • March 22, 2017

    Alston Nabs Reed Smith, MoFo Partners To Open SF Office

    Alston & Bird LLP has hired three Reed Smith LLP partners and several attorneys as well as a Morrison & Foerster LLP managing partner with “significant experience” advising companies on high-stakes class action and multidistrict litigation to open a new San Francisco office and expand its Los Angeles team, the firm said Wednesday.

  • March 22, 2017

    France Fines Engie $108M For Abusing Gas Market Dominance

    France’s antitrust regulator on Wednesday fined Engie €100 million ($108 million) for abusing its power as a former state monopoly to induce gas customers on regulated plans to switch to market-based gas and electricity contracts.

  • March 22, 2017

    Damages Nixed In Generic Blood-Clot Drug Monopoly Suit

    A hospital that indirectly purchased a generic of the blood clot drug Lovenox can request declaratory relief in a proposed class action accusing Momenta Pharmaceuticals Inc. and Sandoz Inc. of conspiring to monopolize the drug’s market, but can’t seek damages, a Tennessee federal judge said Tuesday.

  • March 22, 2017

    EU Seeks National Antitrust Power To Search Phones, Laptops

    The European Commission on Wednesday proposed legislation to give national antitrust authorities new powers to more effectively police banks and businesses, including allowing access to personal phones, laptops and tablets.

  • March 22, 2017

    DOJ Subpoenas Ocean Container Shippers In Antitrust Probe

    Some of the world’s largest ocean container shipping companies including Maersk Line and Hapag-Lloyd AG have received subpoenas from the U.S. Department of Justice relating to the government’s ongoing antitrust probe of the industry, the companies confirmed Wednesday.

  • March 22, 2017

    AkzoNobel Snubs PPG's Sweetened $24.5B Takeover Bid

    Akzo Nobel NV on Wednesday again spurned Pennsylvania-based PPG Industries’ advances, contending that the sweetened €22.7 billion ($24.5 billion) takeover offer is still too low and fails to alleviate the Dutch coatings and chemicals company’s antitrust concerns.

  • March 22, 2017

    Plaintiffs Bar Perspective: Beasley Allen's Dee Miles

    Our civil justice system corrects civil wrongs with a measure of monetary compensation, and often times monetary punishment damages, but this is not the driving force behind a typical plaintiffs attorney. It’s the cause that drives the plaintiffs bar, says Dee Miles of Beasley Allen Crow Methvin Portis & Miles PC.

  • March 21, 2017

    NCAA's $209M Antitrust Deal Gets OK After Fixes

    The NCAA and 11 athletic conferences sued by student-athletes in antitrust suits over caps on scholarships on Tuesday won preliminary approval for a nearly $209 million deal on monetary claims after tacking on revisions that excluded claims in certain other athletes’ suits and modified class definitions.

  • March 21, 2017

    Sabre Can't Overturn $15M Loss In US Airways Antitrust Row

    A New York federal judge on Tuesday denied Sabre’s bid to dismantle a $15 million jury verdict handed to US Airways that found the travel technology company restrained trade through unfavorable contract terms, saying Sabre had not presented sufficient facts to undermine the evidence that led to the verdict.

  • March 21, 2017

    FCC Urged To Recognize Special Access Competition

    CenturyLink Inc. and Frontier Communications Corp. pressed the Federal Communications Commission on Monday to find that older carriers in the market for business data services do not dominate it and to establish a “level playing field” that recognizes competitive realities.

  • March 21, 2017

    5th Circ. Sides With Air Ambulance In Price Regulation Row

    Air Evac EMS Inc. can bring its suit alleging Texas is violating the federal Airline Deregulation Act by capping how much it can be paid for transporting people who get hurt at work, the Fifth Circuit held Monday, reversing a lower court's dismissal of the claims.

  • March 21, 2017

    MasterCard, Visa Seek Transfer Of Chip Card Antitrust Suit

    Visa and MasterCard on Monday urged a California federal judge to shift an antitrust lawsuit against them by a group of merchants over to the Eastern District of New York, where they say multidistrict litigation accusing them of wrongly passing on card liabilities to retailers already exists.

  • March 21, 2017

    HP, Sony Reach Dismissal Deal In Disk Drive Antitrust MDL

    Sony Corp. is no longer facing antitrust claims from HP Inc. over an alleged price-fixing conspiracy for optical disk drives, as a California federal judge on Tuesday signed off on an agreement between the companies to drop the claims.

Expert Analysis

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Beware Antitrust Risks In Syndicated Lending

    Joshua Shapiro

    Despite their pro-competitive benefits, syndicated loan arrangements involve communication and collaboration among competitors and thus raise potential antitrust concerns. While U.S. regulators have yet to probe this industry, a recent European Commission statement may portend future regulatory scrutiny in this area, say Joshua Shapiro and Puja Patel of Allen & Overy LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Opinion

    DC Circ. Should Be Wary Of Efficiencies Defense In Anthem

    David Balto

    The children’s book "If You Give a Mouse a Cookie" could easily have been describing merger defendants’ efforts to push antitrust policy toward far more permissive standards in merger defenses. A perfect example of this is found in the Anthem merger case now on appeal at the D.C. Circuit, which will hear oral argument on Friday, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • 2 Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

    Elena Kamenir

    The Federal Trade Commission’s decision in 1-800 Contacts suggests that private settlement agreements reached after petitioning the government through litigation are not immunized under the Noerr-Pennington doctrine. Similarly, the First Circuit’s decision in Amphastar suggests that alleged anti-competitive conduct that occurs prior to government petitioning activity is subject to antitrust scrutiny, say attorneys with Orrick Herri... (continued)

  • Series

    My Strangest Day In Court: Hitting A Curveball

    Nicholas E. Chimicles

    As a trial lawyer, you make instantaneous decisions in courtrooms all the time, but that day was different. I had to balance my advocate’s concern for the class of investors I represented against the empathy I felt for a fellow human being’s tragic loss, says Nicholas Chimicles of Chimicles & Tikellis LLP.