Competition

  • 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.

  • April 26, 2017

    Allergan Settles Apotex Pinkeye Meds Product-Hopping Suit

    A Delaware federal judge on Wednesday dismissed a 5-year-old lawsuit alleging Allergan Inc. conspired with other pharmaceutical companies to stifle competition for its Zymar pinkeye treatment after the company announced it had reached a settlement with generics maker Apotex Inc.

  • April 26, 2017

    AmEx Antitrust Judge In No Hurry With DOJ Appeal Likely

    The Brooklyn federal judge handling antitrust claims against American Express over rules barring merchants from suggesting the use of other credit cards was in no hurry Wednesday to prod the the six-year-old litigation forward, with a key ruling in favor of AmEx in a related case possibly bound for the Supreme Court.

  • April 26, 2017

    Professors Ask High Court To Revive Recycling Antitrust Suit

    A group of law and economics professors have urged the U.S. Supreme Court to take up a defunct recycling company’s antitrust lawsuit against major players in the container industry, urging the justices to clarify a circuit split on the evidence needed for summary judgment.

  • April 26, 2017

    MasterCard Accused Of 'Ambush' In Europe Swipe Fees Suit

    Counsel representing retailers from across Europe accused MasterCard Inc. of "litigation by ambush" in London's High Court on Wednesday, as they attempted to block the admission of documents recently shared by the credit card giant to a swipe fees trial scheduled to start in May.

  • April 26, 2017

    Deere, Monsanto Can't Get DOJ Expert Notes In Merger Suit

    Deere & Co. and Monsanto Co. can't get the names of people the U.S. Department of Justice's expert interviewed as part of its suit to block Deere's acquisition of Monsanto's speed-planting business, an Illinois federal judge said Wednesday.

  • April 26, 2017

    Delrahim Confirmation Hearing Postponed Over Paperwork

    The Senate Judiciary Committee has postponed a hearing scheduled for Wednesday to consider the nomination of Makan Delrahim to head the U.S. Department of Justice's antitrust division because his required paperwork was not yet completed.

  • April 25, 2017

    Canada Fines Mitsubishi Electric $9.9M For Auto Parts Rigging

    Mitsubishi Electric Corp. admitted it played a role in an international conspiracy to rig bids on car parts in the Ontario Superior Court of Justice on Tuesday as it was hit with a fine of CA$13.4 million ($9.9 million), Canada’s competition regulator said.

  • April 25, 2017

    Swaps Buyers Say Morgan Stanley Slow-Walking ISDAfix Docs

    Investors who sued banks for rigging a benchmark swaps rate asked a New York federal judge on Monday to appoint an authority to make sure Morgan Stanley turns over all the files it was ordered to and to make the investment bank pay for it.

  • April 25, 2017

    EU Raids Swedish Telecom Cos. Over Plot To Block Rivals

    The European Commission raided several telecommunications providers on Tuesday based on concerns that Swedish mobile network operators may have tried to block new would-be rivals from entering the consumer market.

  • April 25, 2017

    EU Parliament Greens Look To Sink Bayer, Monsanto Deal

    Green Party members of the European Parliament urged the European Commission’s competition watchdog Tuesday to block German drug and chemical maker Bayer’s $66 billion takeover of agrochemical giant Monsanto, calling the proposed deal a “threat to democracy.”

Expert Analysis

  • 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.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.