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Competition

  • December 11, 2018

    Ex-Deutsche Traders Fight Convictions, Cite Gov't Misconduct

    Two former traders at Deutsche Bank on Monday urged Manhattan's chief federal judge to reverse their convictions for rigging the London Interbank Offered Rate and dismiss the charges against them, arguing that prosecutors lied and hid evidence throughout the case.

  • December 11, 2018

    EU Probing Vodafone’s €18B Deal For Liberty Global Units

    Europe’s competition enforcer said Tuesday that it has opened an in-depth investigation into Vodafone’s planned €18.4 billion ($21.9 billion) purchase of several European businesses from Liberty Global over concerns about the deal’s impact in Germany and the Czech Republic.

  • December 11, 2018

    Google CEO Defends Practices Amid Tracking, Bias Concerns

    Google CEO Sundar Pichai’s closely watched testimony before the House Judiciary Committee on Tuesday was heavy on affirmations that the company strives for optimal user experience but light on specifics about how the company deals with allegations of improper user tracking, information suppression and anti-competitive advantages.

  • December 11, 2018

    EBay Buyout Of UK Car Site Probed By Antitrust Watchdog

    The U.K.'s antitrust watchdog said Tuesday it had launched an investigation of EBay Inc.’s planned takeover of a vehicle shopping site based in that country.

  • December 11, 2018

    3rd Circ. Questions 'Imminent' Shire Antitrust Actions

    The Third Circuit pressed the Federal Trade Commission on Tuesday to show why the court should revive the agency’s antitrust complaint alleging a Shire PLC unit delayed generic competition for a gastrointestinal infection drug through a series of sham regulatory petitions, expressing skepticism that a violation of federal law was “imminent.”

  • December 11, 2018

    EU Clears Chemical Makers’ $1.4B Tie-Up After Oils Sale

    Quaker Chemical Corp. has won approval for its $1.4 billion pickup of another Pennsylvania-based chemical company, as long as it sells three European-area oil businesses to French oil and gas giant Total SA, the European Commission announced Tuesday.

  • December 11, 2018

    FTC Can’t Block Qualcomm Evidence Ahead Of Antitrust Trial

    The Federal Trade Commission's bid to block Qualcomm from presenting several pieces of evidence at the agency's upcoming trial accusing the chipmaker of anti-competitive licensing practices was shot down by a California federal judge for being overly broad.

  • December 11, 2018

    EU Clears $5B Data Encryption Deal With Conditions

    The European Commission has approved the Thales Group's $5 billion acquisition of Gemalto NV, as long as Thales divests from its general purpose hardware security modules business, the EC said Tuesday.

  • December 10, 2018

    Shire Must Cough Up Some Docs In Pay-For-Delay Suit

    Shire LLC will have to turn over documents in an antitrust suit accusing it and Actavis of settling a patent dispute over an ADHD drug on anti-competitive terms, a Massachusetts federal judge ruled Monday.

  • December 10, 2018

    J&J To Face Bulk Of Buyers' Claims In Remicade Antitrust Suit

    A Pennsylvania federal judge largely refused Friday to toss antitrust claims from buyers of Johnson & Johnson immunosuppressant Remicade, concluding that only sham litigation allegations and some state law consumer protection accusations must go while maintaining most of the suit alleging J&J compelled insurers not to cover competing biosimilars.

  • December 10, 2018

    EU Approves Germany's €350M Per Year Rail Freight Plan

    Europe’s competition enforcer said Monday that it has approved Germany’s plan to invest up to €350 million ($397.5 million) per year over the next several years to help move freight traffic from the roads to the rails, after finding the scheme is in line with the bloc’s state aid rules.

  • December 10, 2018

    Home Depot Can't Keep Drywall Suit Out Of Antitrust MDL

    The U.S. Judicial Panel on Multidistrict Litigation overruled Home Depot’s objections Monday and lumped the retailer’s drywall price-fixing claims into related litigation consolidated in Pennsylvania federal court, finding the tie-in would be the most efficient way to handle the new suit even if the MDL is winding down.

  • December 10, 2018

    FINA Has Stranglehold On Swimming Competitions, Suit Says

    Three international champion swimmers and the nascent International Swimming League have accused the Fédération Internationale de Natation, or FINA, of leveraging its power over access to the Olympics to crush the league's attempts to organize competitions.

  • December 10, 2018

    Barr, Delrahim Offered Dueling Accounts Of AT&T Merger Talk

    President Donald Trump’s announcement Friday naming Kirkland & Ellis LLP attorney William Barr to replace ousted Attorney General Jeff Sessions has rekindled interest in a contentious meeting between Barr and the heads of the U.S. Department of Justice’s Antitrust Division that Barr once found “disturbing.”

  • December 10, 2018

    Australian Watchdog Calls For Digital Platform Regulation

    Australia's competition and consumer protection watchdog raised concerns Monday over Facebook and Google's dominance and their effect on the media industry, calling for more regulatory oversight and other fixes for the digital platforms.

  • December 10, 2018

    Pharmas Say FTC Pushing Subpoena Limits In AndroGel Row

    The Federal Trade Commission can't justify its call for nationwide subpoena power in the agency's suit alleging the makers of testosterone drug AndroGel cut deals with generic companies to delay competition, two drugmakers argued in Georgia federal court.

  • December 10, 2018

    UK's May Delays Brexit Vote After Rebellion In Own Ranks

    Theresa May postponed a key parliamentary Brexit vote on Monday to stave off a potentially crippling defeat, as the prime minister succumbed to pressure from inside her own Conservative Party to press the European Union for a better deal.

  • December 10, 2018

    Goldman Sachs Takes €37M Cartel Fine To Top EU Court

    Goldman Sachs Group Inc. has filed an appeal at the European Court of Justice challenging a €37.3 million ($42.5 million) fine imposed by European antitrust watchdogs over one of its former affiliate's involvement in a power cable cartel.

  • December 10, 2018

    ECJ Rules UK Can Unilaterally Cancel Brexit Process

    The European Court of Justice ruled on Monday that Britain can unilaterally reverse the process of leaving the European Union, boosting a campaign to stop Brexit with a second referendum if Parliament remains deadlocked over the withdrawal agreement now on offer.

  • December 7, 2018

    Atty Asks To Stay In NFL Suit Despite Disciplinary Charges

    A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive.

Expert Analysis

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Opinion

    DOJ Speech May Leave SEP Implementers In Dire Straits

    cotter.jpg

    I suspect the true audience for the U.S. Department of Justice’s disavowal last week of a 2013 policy statement on standard-essential patents is not the courts but rather the U.S. International Trade Commission, whose discretion to pressure standard implementers to accept onerous licensing terms will be tested in the coming years, says University of Minnesota Law School professor Thomas Cotter.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • The 'No Reasonable Juror' Rule And Antitrust Class Actions

    Lawrence Moore

    Many courts and commentaries see no role for the Tyson “no reasonable juror” standard in the consideration of expert evidence supporting class certification in antitrust cases. However, in at least five decisions, district courts have applied it, says Lawrence Moore of Robinson Bradshaw & Hinson PA.

  • What We Heard At The FTC Hearings: Days 12 And 13

    Janis Kestenbaum

    The seventh hearing in the Federal Trade Commission’s series on competition in the 21st century addressed artificial intelligence and algorithmic decision-making. Attorneys with Perkins Coie LLP offer some key takeaways.

  • And Now A Word From The Panel: It's Not Just MDLs

    Alan Rothman

    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.