• March 20, 2018

    Pay-TV Cos. Urge FCC To Study Impact Of Broadcast Mergers

    The American Cable Association on Monday urged the Federal Communications Commission to conduct an economic analysis before enacting a proposed rule change that would ease restrictions on national broadcast station ownership, in order to assess the impact on cable and satellite providers.  

  • March 20, 2018

    Streaming Services To Factor In AT&T-Time Warner Challenge

    The U.S. Department of Justice told a D.C. federal court on Tuesday that internet video distributors like Netflix and Google’s YouTube TV are not replacements for pay-television services, while AT&T Inc. and Time Warner Inc. countered that they need to do their deal to keep up with the new competitors.

  • March 20, 2018

    CFTC Can Use Class Action Transcripts In Kraft Wheat Suit

    An Illinois federal judge said Tuesday he will allow the Commodity Futures Trading Commission to use transcripts from depositions in a proposed investor class action over Kraft Foods’ alleged manipulation of the wheat market in the trial for the regulator’s suit over the same claims.

  • March 20, 2018

    FTC Loses Assault On Shire Unit's Serial FDA Petitions

    The Federal Trade Commission on Tuesday lost its first-ever legal assault on drugmaker efforts to delay generic competition by constantly petitioning the U.S. Food and Drug Administration, even as a Delaware federal judge identified potential antitrust violations by Shire PLC unit ViroPharma Inc.

  • March 20, 2018

    Blue Cross Unit Fights Sanctions Bid In Aggrenox MDL

    Blue Cross and Blue Shield of Louisiana on Monday urged a Connecticut federal judge to nix a sanctions bid from Boehringer Ingelheim and Teva in multidistrict litigation over an alleged pay-for-delay scheme for a generic of Aggrenox, saying the motion has “lost urgency and importance” as a result of recent schedule changes.

  • March 20, 2018

    Allergan Drug Buyers Urge 1st Circ. To Keep Class Cert.

    A class of purchasers of an anti-inflammatory drug made by Allergan PLC told the First Circuit on Tuesday that a Massachusetts federal judge was right to grant them class certification in their suit claiming the pharmaceutical company illegally stifled generic competition in an effort to keep prices high.

  • March 20, 2018

    Watch Repair Firms Take Antitrust Fight To EU's Top Court

    A federation of watch repairers is asking the European Union's high court to force luxury watchmakers, including Swatch Group Inc., to supply spare parts to independent repair shops,

  • March 20, 2018

    Momenta, Sandoz Can’t Dodge Amphastar Antitrust Suit

    A Massachusetts federal judge Monday declined a bid by Momenta Pharmaceuticals Inc. and Sandoz Inc. to toss a suit by Amphastar Pharmaceuticals, ruling that the plaintiff company had made a reasonable case that it was harmed by their alleged stifling of competition for a generic anticoagulant.

  • March 20, 2018

    FTC Forces CDK To Abandon Auto/Mate Buy

    The Federal Trade Commission said Tuesday that CDK Global Inc. had abandoned its planned purchase of fellow automotive dealer software vendor Auto/Mate Dealership Systems after the agency filed an administrative complaint alleging their tie-up would “reduce competition in an already concentrated market.”

  • March 20, 2018

    EXCLUSIVE: Behind The Downfall Of Latham's Chairman

    Latham & Watkins LLP Chair Bill Voge announced his immediate resignation Tuesday afternoon following an admission that he had engaged in communications of a sexual nature with a person not connected to the firm.

  • March 19, 2018

    Hotel Giants Hit With Search-Engine Antitrust Class Action

    Hospitality giants such Hyatt Hotels Corp., Hilton Worldwide Holdings Inc., Marriott International Inc. and Wyndham Worldwide Corp. were named in a class action Monday, alleging the companies are engaged in an anti-competitive agreement to not advertise against each other via Google and other search engine-generated results.

  • March 19, 2018

    CFIUS Short-Staffed As Workload Increases, GAO Finds

    The Committee on Foreign Investment in the United States’ workload has increased in recent years while staff levels have remained essentially the same, leaving government officials concerned about the committee’s ability to complete its functions, according to a U.S. Government Accountability Office report released Friday.

  • March 19, 2018

    ITC Turns Back US Steel’s Antitrust Gambit In China Fight

    The U.S. International Trade Commission tossed out the competition prong of United States Steel Corp.’s wide-ranging bid to block shipments of Chinese steel from the market, ruling Monday that U.S. Steel must show a specific “antitrust injury” to pursue the case.

  • March 19, 2018

    Comcast Asks For Quick Win Over Viamedia In Antitrust Suit

    Comcast asked an Illinois federal judge for summary judgment Friday to end a $75 million antitrust lawsuit, arguing cable ad company Viamedia failed to show it had done anything except lawfully decline to do business with an advertising “middleman.”

  • March 19, 2018

    Grocer Drops Claims Stop & Shop Tried To Freeze Out Rival

    A supermarket chain that lodged federal antitrust claims accusing a Stop & Shop of blocking its efforts to build a ShopRite in an attempt to remain Wyckoff, New Jersey’s sole grocer has dropped its suit, according to settlement documents filed Monday.

  • March 19, 2018

    DOJ Says AT&T Too Broad On Confidentiality Claims

    The U.S. Department of Justice told a D.C. federal court on Monday that AT&T Inc. is trying to claim too much evidence is confidential, which would make its case challenging the telecom giant’s planned purchase of Time Warner Inc. difficult to try in open court.

  • March 19, 2018

    Justices Skip Airline’s Challenge To 9th Circ. Rate Ruling

    The U.S. Supreme Court on Monday decided not to take up a Japanese airline’s challenge to a Ninth Circuit ruling that allowed a price-fixing suit to proceed against it, setting the stage for All Nippon Airways to duke it out with consumers before a jury this summer.

  • March 19, 2018

    SocGen Earmarks €1B To Handle US Probes Into Libor, Libya

    Societe Generale SA on Monday said it has set aside €1 billion ($1.23 billion) to deal with investigations by U.S. authorities into benchmark rate rigging and transactions between the French lender and Libya’s sovereign wealth fund.

  • March 19, 2018

    NASL Adds Major League Soccer To Antitrust Suit

    The North American Soccer League on Friday added Major League Soccer to a lawsuit against the U.S. Soccer Federation that claims the two are conspiring to keep it from competing as a top professional league, pushing forward with antitrust claims despite losing out on a preliminary injunction and being forced to cancel its latest season.

  • March 19, 2018

    AT&T Says Emails In Merger Row Need ‘Sponsor’ Witness

    AT&T and Time Warner on Monday urged a D.C. federal judge not to permit a large number of emails to be entered as evidence absent witnesses to authenticate them, in the federal trial for the U.S. Department of Justice antitrust challenge of the companies' merger that gets underway this week.

Expert Analysis

  • Why CFIUS Intervened In Broadcom’s Bid For Qualcomm

    Drew Svor

    It is unusual for the Committee on Foreign Investment in the United States to delay the election of a public company’s board of directors based on the potential that those directors may approve a future transaction. But it is not so surprising that CFIUS acted to protect critical U.S. network infrastructure from a foreign buyer, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • New Bribery Suit's Implications For Venezuela Restructuring

    Richard Cooper

    The decision by Venezuela’s state-owned oil company PDVSA to pursue claims in the U.S. over an alleged bribery scheme raises a number of legal and strategic issues not just for the defendants named in the suit, but also for PDVSA’s bondholders and creditors of the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Rebuttal

    Reasoning About The Rule Of Reason

    Randy Gordon

    In his response to my Law360 article, William Kolasky notes “the relative dearth of rule of reason cases that have made it to summary judgment or beyond.” My only point is a consequentialist one: Since the 1970s, more and more cases have migrated from the per se category to the rule of reason category. As a result, plaintiffs (almost) always lose, says Randy Gordon of Crowe & Dunlevy.

  • 9th Circ. Rescues FTC Authority Over Common Carriers

    J.G. Harrington

    The Ninth Circuit's decision last month in Federal Trade Commission v. AT&T Mobility has significant implications for enforcement against telephone, wireless and internet businesses, and for the potential fate of the Federal Communications Commission’s Restoring Internet Freedom Order, say attorneys with Cooley LLP.

  • Rebuttal

    In Defense Of The Antitrust Rule Of Reason

    William Kolasky

    A Law360 guest article this week overlooked the great strides made by the appellate courts over the last four decades in developing a sound analytical framework for applying the rule of reason, says William Kolasky, co-chairman of Hughes Hubbard & Reed LLP's antitrust practice.