Competition

  • July 21, 2017

    JPMorgan, Deutsche To Settle Libor Rigging Claims For $148M

    JPMorgan Chase & Co. and Deutsche Bank AG have agreed to pay a combined $148 million to escape two investor suits alleging they rigged the Libor benchmark rate, according to a proposed deal Friday, asking for early approval despite both banks having technically been dismissed from one of the cases.

  • July 21, 2017

    Intel, Apple Tag Qualcomm As 'Monopolist' In IP War At ITC

    Apple and Intel hit hard at Qualcomm in public statements filed Thursday with the U.S. International Trade Commission in a case where the chipmaker is seeking to bar iPhones that allegedly infringe its patents, with both companies accusing Qualcomm of seeking a monopoly on the technology.

  • July 21, 2017

    Miami Land Sale For Beckham Soccer Stadium Challenged

    A lawsuit filed Thursday is challenging Miami-Dade County officials' recent approval of a $9 million, no-bid deal to sell former soccer star David Beckham a parcel of land to complete his plans for a new soccer stadium needed to land Miami an expansion Major League Soccer franchise.

  • July 21, 2017

    Rising Star: Latham's Andrew Gass

    A carefully carved niche by Latham & Watkins LLP’s Andrew Gass at the intersection of intellectual property and competition matters in the music industry, and his successes in that sector — such as wins for Live Nation and Ticketmaster in Songkick's antitrust suit against them — have earned Gass a spot as one of five competition law attorneys under age 40 honored by Law360 as Rising Stars.

  • July 21, 2017

    Container Cos. Tell High Court To Let Antitrust Win Stand

    Solo Cup Co., Dart Container Corp. and other food container makers have urged the U.S. Supreme Court not to take up defunct polystyrene recycling company Evergreen Partnering Group’s appeal of the First Circuit’s summary judgment ruling in its antitrust case against the companies, arguing that no court would have decided it differently.

  • July 21, 2017

    MasterCard Gets Win As Tribunal Blocks £14B Class Action

    The U.K.’s Competition Appeal Tribunal put the brakes on a £14 billion ($17.2 billion) consumer antitrust suit against MasterCard over swipe fees on Friday, ruling that the suit cannot proceed as a class action.

  • July 20, 2017

    DC Appellate Court Greenlights Exelon-Pepco Merger

    A D.C. appellate court signed off on a $6.8 billion merger between Exelon Corp. and Pepco Holdings Inc. on Thursday, shutting down arguments from multiple challengers that the Public Service Commission of the District of Columbia shouldn’t have approved the deal.

  • July 20, 2017

    Amphastar Asks Jury To Nix $1B Momenta Infringement Case

    Amphastar Pharmaceuticals on Thursday told a federal jury in Boston that generic competitor Momenta’s “outrageous” dishonesty in developing standards for a lucrative blood thinner should end the company’s patent infringement case.

  • July 20, 2017

    Libor Trader Ruling Creates Cross-Border Hurdle For DOJ

    In overturning two traders' convictions for rigging a global financial benchmark, the Second Circuit handed the U.S. Department of Justice a major defeat that cross-border practitioners say creates an obstacle in joint U.S. enforcement cases.

  • July 20, 2017

    DuPont, Others Make $3.5M Deal In Paint Price-Fixing Suit

    DuPont and other chemical makers have agreed to pay a proposed class of paint buyers $3.5 million to end a suit alleging the companies schemed to fix the price of a paint ingredient, according to a motion filed by the plaintiffs in California federal court Thursday.

  • July 20, 2017

    DeValerio Of Berman DeValerio Starts New Firm

    Berman DeValerio founding partner Glen DeValerio has left the firm to start a new one, taking a name synonymous with the securities and antitrust arena into new areas of law, including the trial work he recently found an affinity for.

  • July 20, 2017

    S. Africa Court Seeks More Info On Dow-DuPont Merger Fixes

    South Africa's competition tribunal asked the country's watchdog Wednesday for more information about proposed antitrust remedies for Dow and DuPont's plan to merge into a $130 billion chemicals giant before clearing the deal.

  • July 20, 2017

    FTC Balks At Discovery Extension In AndroGel Antitrust Suit

    The Federal Trade Commission objected Wednesday to a group of pharmaceutical companies’ request for two more months of expert discovery in an antitrust case alleging they conspired to keep generic competitors for AndroGel off the market, telling a Georgia federal court that a year and a half is enough.

  • July 20, 2017

    Namenda Buyers' Experts Should Stay, Judge Says

    A New York magistrate judge on Thursday recommended allowing the testimony of two experts in an antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment.

  • July 20, 2017

    FTC Approves Baxter $625M Claris Buy With Antitrust Fixes

    The Federal Trade Commission gave its seal of approval Thursday to medical products company Baxter International Inc.’s $625 million purchase of Claris Lifesciences Ltd.’s injectables business, on the condition that Baxter and Claris leave the market for a pair of pharmaceutical products.

  • July 20, 2017

    Sabre Asks 2nd Circ. To Ax $15M US Airways Antitrust Win

    Travel booking company Sabre on Wednesday asked the Second Circuit to overturn a $15 million jury verdict awarded to US Airways in the airline’s antitrust suit over Sabre’s contract terms, saying the decision did not heed the appeals court’s holding in a case involving merchant rules imposed by American Express.

  • July 20, 2017

    Flextronics, Samsung Settle Battery Price-Fixing Claims

    A California federal judge on Tuesday granted Flextronics’ bid to withdraw its price-fixing claims against Samsung SDI and a U.S. affiliate after the trio reached a deal in antitrust litigation over alleged price-fixing for lithium-ion batteries.

  • July 20, 2017

    FTC Names Shearman Atty As Latest Competition Unit Head

    Just two weeks after acting Federal Trade Commission Chairman Maureen K. Ohlhausen picked her third new acting director of the agency’s bureau of competition, she announced on Thursday that she had selected someone else to temporarily lead the bureau, this time naming a Shearman & Sterling LLP partner.

  • July 19, 2017

    IPhone Makers Fight Qualcomm Injunction Bid In Royalty Suit

    IPhone manufacturers including Foxconn Corp. and Wistron Corp. urged a California federal judge Tuesday to deny Qualcomm Inc.’s bid for an injunction requiring them to make royalty payments during the chipmaker’s licensing dispute with Apple, saying it would hinder the resolution of antitrust and enforceability concerns related to the deals.

  • July 19, 2017

    5 More AGs Bring Price-Fixing Suit Against Drugmakers

    Arkansas, Missouri, New Mexico, West Virginia and Washington, D.C., have joined more than 40 states in suing several major drug companies, including Heritage, Mylan and Teva, in Connecticut federal court for allegedly fixing the prices of a generic antibiotic and a diabetes medication.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • High Court Signals Interest In Vitamin C Price-Fix Case

    Nicholas Melzer

    For all companies engaged in international commerce, guidance from the U.S. Supreme Court on the Second Circuit's controversial decision in the Vitamin C Antitrust Litigation would be welcome. If the Supreme Court's recent request for input from the acting solicitor general is any indication, the court may agree, say Nicholas Melzer and Janet Chung of Holland & Knight LLP.

  • Why Amazon Is Taking To The Skies

    Dana Hobart

    Logistics companies like FedEx and UPS are considering holiday surcharges to help deliver the dizzying number of packages consumers buy online. The launch of Amazon's dedicated air cargo fleet will allow the e-commerce giant to hold its own shipping prices steady, and may portend a day when it cuts out the middlemen entirely, says Dana Hobart of Buchalter.

  • 2nd Circ. Libor Ruling Helps Subjects In Int'l Investigations

    Gregory O’Connell

    The Second Circuit's Allen decision Wednesday tilts the scales toward subjects and targets in multinational investigations. U.S. prosecutors could be forced to get involved in international investigations earlier than they might like, say Gregory O’Connell and Peter Sluka of De Feis O’Connell & Rose PC.

  • The ‘Failing Firm’ Defense: Pointers From A Blocked Deal

    Danyll Foix

    The recently blocked merger between EnergySolutions and Waste Control Specialists not only confirms that exclusive negotiation, or “no talk,” terms in transactions can thwart antitrust defenses like the “failing firm” defense, but also illustrates how parties may implement these terms without creating antitrust problems, says Danyll Foix of BakerHostetler.

  • Sherman Act Is An Unconstitutional Criminal Statute: Part 2

    Robert Connolly

    What passed constitutional muster when the Sherman Act was a misdemeanor merits another look now that the statute carries a maximum jail time of 10 years. I have a proposal to fix the criminal element of the Sherman Act, says Robert Connolly of GeyerGorey LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Sherman Act Is An Unconstitutional Criminal Statute: Part 1

    Robert Connolly

    It is well accepted that per se violations of the Sherman Act can be prosecuted criminally — an individual can be sentenced to up to 10 years in prison. But is the accepted learning on this issue wrong? I think I’ve found my way to the Sherman Act being unconstitutional as a criminal statute, says Robert Connolly of GeyerGorey LLP.