Competition

  • April 29, 2017

    EU Leaders Formally Set Tough Brexit Guidelines For Talks

    European Union leaders on Saturday formally set tough negotiating guidelines for two years of Brexit talks with the U.K., casting doubt on British government hopes for a quick trade deal to secure access for U.K. banks and businesses to the EU marketplace.

  • April 28, 2017

    Flawed Analyses Undermine Gold Price-Fixing Suit, Banks Say

    Barclays Bank PLC and three other banks want another shot at tossing a proposed class action accusing them of manipulating a benchmark gold price, telling a New York federal court in a letter that they have discovered errors in the statistical evidence marshaled against them.

  • April 28, 2017

    FCC's Clyburn Pushes Help For Independent Programmers

    Federal Communications Commissioner Mignon Clyburn on Thursday called for the FCC to move forward with a final order to boost independent programmers by limiting certain provisions in agreements between them and pay-TV providers.

  • April 28, 2017

    Anthem Ruling May Upend Companies' Merger Case Strategy

    The D.C. Circuit on Friday handed another monumental win to the U.S. in its challenge to Anthem’s $54 billion combination with Cigna, and experts say attorneys advising clients in merger cases may need to rethink their strategies following the government’s recent winning streak.

  • April 28, 2017

    Qualcomm Rips Apple For Unpaid Contractors In Royalty Row

    Apple Inc. ratcheted up an escalating royalties dispute with Qualcomm Inc. when it decided to withhold payments to contract manufacturers who owe royalties to the chipmaker under their licenses for sales ending March 31, Qualcomm huffed in a statement on Friday.

  • April 28, 2017

    Banking Giants Hit With Indirect Investors' Forex Rig Suit

    JPMorgan Chase & Co., Bank of America Corp. and several other major banks are facing yet another proposed class action for allegedly manipulating the foreign exchange market, after investors who indirectly bought the firms' products sued Friday.

  • April 28, 2017

    Senators Revive Bill To Speed Up Generic Drug Approval

    A bipartisan group of U.S. senators on Thursday revived the CREATES Act, a bill aimed at lowering drug prices by streamlining the process to get generic drugs on the market.

  • April 28, 2017

    ABA Sections Urge EU To Avoid New Data Access Regs

    The American Bar Association's international and antitrust sections have weighed in on a public request from the European Union's executive arm to discuss data economy growth throughout the bloc, urging the commission to shy away from policies that may stifle competition and innovation.

  • April 28, 2017

    Aventis Says K&L Gates Fee Bid Survives High Court Ruling

    Sanofi-Aventis told a federal judge in California on Thursday that its demand for fees from generic-drug maker Amphastar and an ex-K&L Gates LLP attorney for allegedly withholding documents is perfectly consistent with the Supreme Court’s recent decision setting boundaries on litigation sanctions.

  • April 28, 2017

    Anthem Loses Appeal In $54B Cigna Merger Case

    Anthem Inc. on Friday lost its bid to overturn a decision that blocked it from proceeding with its $54 billion merger with Cigna Corp., after a split D.C. Circuit panel was not convinced by the insurer’s argument that the transaction should go through because it would generate savings for customers.

  • April 27, 2017

    AkzoNobel Loses Bid To Lower Heat Stabilizer Cartel Fines

    A European Union court dismissed an appeal from Akzo Nobel NV on Thursday, refusing to reduce the more than €40 million ($43.5 million) in fines the European Commission levied against the company for participating in a heat stabilizer cartel.

  • April 27, 2017

    Singapore Rate-Rigging Suit Sent Back To Drawing Board

    U.S. District Judge Alvin K. Hellerstein called a Manhattan suit targeting big banks across the world for alleged rate-rigging in Singapore a “huge, amorphous mess,” saying Thursday it does not sufficiently detail a jurisdictional hook to New York, antitrust damages or a viable racketeering theory. 

  • April 27, 2017

    EU Merger Rules Should Exclude Minor JV Moves: Adviser

    The European Court of Justice should rule that the conversion of an existing business into a joint venture does not fall under the European Commission’s merger control regime if the venture does not act as an independent economic entity, an adviser to the court recommended Thursday.

  • April 27, 2017

    Quorumless FERC Sits Out Ill. Nuke Plant Subsidy Fight

    The Federal Energy Regulatory Commission told an Illinois federal judge Wednesday it would not weigh in on whether the state's plan to subsidize struggling nuclear power plants intrudes on the agency's authority to oversee wholesale electricity rates, as a coalition of power producers claims.

  • April 27, 2017

    Texas Jury Hits GE For $44M Anesthesia Machine Monopoly

    A Texas federal jury on Wednesday found General Electric Co. had a nationwide monopoly on the sale and servicing of anesthesia machines and engaged in anti-competitive conduct that caused more than $43.7 million in damage to 17 anesthesia businesses from across the country.

  • April 27, 2017

    EU High Court OKs Use Of Tax Probe Docs In Price-Fix Case

    The European Union’s highest court on Thursday dismissed an Italian banana importer’s appeal of a €6.7 million ($7.3 million) fine over allegations of participation in a price-fixing cartel, saying the European Commission could rely on documents transmitted from Italy’s finance police.

  • April 27, 2017

    2nd Circ. Says Gov't Must Stick To BMI Appeal Deadline

    The Second Circuit stuck to its guns Wednesday and denied the U.S. Department of Justice’s second request for more time to file its principal brief in its appeal of a decision siding with Broadcast Music Inc. over a decades-old antitrust agreement governing the licensing of music performance rights.

  • April 27, 2017

    EU Says No Quick UK Trade Deal, Warns of Brexit 'Illusions'

    Britain’s financial services sector will not get any special treatment in the upcoming Brexit negotiations under guidelines agreed to Thursday by European Union ministers for talks with Britain on its withdrawal from the bloc, according to the Maltese minister who chaired the officials' meeting.

  • April 26, 2017

    Pharmacies' Price-Fixing Actions Too Similar, Judge Says

    A Pennsylvania federal judge won’t reconsider denying certification to some independent and chain pharmacies accusing Medco and other benefit managers of paying them less than other chains for drug sales, ruling Wednesday they failed to demonstrate their proposed class didn't overlap with another would-be class alleging a similar price-fixing scheme.

  • April 26, 2017

    Fox Lobbies FCC To Renew NY Post Ownership Waiver

    The Federal Communications Commission should permit the continued co-ownership of TV stations in New York and New Jersey and the New York Post, Fox told the agency Tuesday, saying a waiver that allows it is in the public interest.

Expert Analysis

  • 2nd Circ. May Clarify 5th Amendment Issue In Libor Case

    Mark Racanelli

    A pending Second Circuit case raises an interesting constitutional question for practitioners whose clients are subject to parallel, cross-border white collar investigations: When someone gives compelled testimony to foreign law enforcement officials, does the Fifth Amendment bar U.S. prosecutors from using her statements, directly or indirectly, to criminally prosecute her? say Mark Racanelli and Michael Simeone of O’Melveny & Myers LLP .

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    When we think of a collusive agreement between competitors, we usually think of an act of directly fixing prices or output. But just sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Best Practices For Managing Data In Antitrust Cases

    George Korenko

    In antitrust litigation, economic experts rely on transactional sales data to study class certification issues, assess liability and calculate economic damages. Collecting these data, understanding how to interpret them and assembling them into a structure amenable to expert analysis requires careful thought and planning, say George Korenko and Matthew Milner of Edgeworth Economics LLC.

  • The Challenges For CEA Price Manipulation Plaintiffs

    Mark Young

    The recent contrasting outcomes of the regulatory and private actions against Total Gas illustrate at least one significant difference between public and private price manipulation enforcement under the Commodity Exchange Act — private plaintiffs have a difficult, and sometimes insurmountable, hurdle to overcome, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Uber: The Turning Of The Tide

    Thomas Dickerson

    Uber Technologies may have reached the end of its worldwide efforts to dominate transportation markets with its popular ride-hailing app. Although Uber has met opposition in the past in both the marketplace and in court, particularly in California, new developments in China and in New York City may be bringing Uber’s nearly unstoppable advance to a halt, says Thomas Dickerson of Herzfeld & Rubin PC.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.