Software that could allow companies to gain an unfair advantage over rivals is growing ever more advanced, and competition regulators scrambling to equip themselves to address antitrust schemes cooked up by computers may eventually find their existing enforcement methods inadequate, experts say.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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)
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.