Competition

  • February 24, 2017

    Judge's Anthem-Cigna Analysis Unfair, Economists Say

    A D.C. federal judge unfairly held Anthem and Cigna to higher standards than the U.S. Department of Justice when assessing potential benefits and costs of a proposed merger, economists and scholars told the D.C. Circuit on Friday.

  • February 24, 2017

    FCC Chief Wants To Nix Charter Merger Overbuild Condition

    Federal Communications Commission Chairman Ajit Pai floated a measure Thursday to cut an Obama-era merger condition placed on last year’s deal between Time Warner Cable and Charter Communications that forces the company to offer services in some already-served areas.

  • February 24, 2017

    High Court Shouldn't Revive $7B Antitrust Deal, Groups Say

    Consumer groups have asked the U.S. Supreme Court not to review a Second Circuit decision dismantling a landmark $7.25 billion class action antitrust settlement between retailers and Visa and MasterCard over interchange fees.

  • February 24, 2017

    Plug Pulled On $50M Antitrust Suit Against SC Health Giant

    A South Carolina federal judge on Thursday dismissed antitrust claims alleging Palmetto Health carried out a scheme to dominate the health care market in the Richland County area, saying a smaller hospital system that brought the $50 million suit did not suffer an antitrust injury or have antitrust standing.

  • February 24, 2017

    NCAA Athletes Denied Docs On Pac-12 ESports Competitions

    A California magistrate judge has denied student-athletes’ request for the PAC-12 conference’s documents on eSports competition between its member schools, finding that the documents are tangential to the fight over the NCAA’s caps on athlete scholarships.

  • February 24, 2017

    DC Circ. Agrees To Hold Off On AT&T Special Access Fight

    AT&T’s challenge to a Federal Communications Commission ruling on business data services ground to a halt Thursday, as the DC Circuit agreed to hold off on hearing the case while the now-GOP controlled commission considers the future of the issue.

  • February 24, 2017

    Feds Seek About 3 Years For Ex-Rabobank Trader Over Libor

    Federal prosecutors have told a Manhattan federal judge that a former Japanese yen derivatives trader for Dutch lender Rabobank, who was the first to plead guilty to participating in a conspiracy to manipulate the yen London Interbank Offered Rate, should get a lowered sentence for his cooperation.

  • February 24, 2017

    Claims Slip Through Ala. BCBS Defenses In Antitrust MDL

    An Alabama federal judge on Thursday said Blue Cross and Blue Shield of Alabama was entitled to summary judgment on some claims in multidistrict litigation alleging a vast price-fixing conspiracy among BCBS plans but said it was only partially protected by an antitrust immunity doctrine.

  • February 24, 2017

    Heineken Hit With €100M Antitrust Suit By Greek Rival

    A Greek brewery on Friday launched a €100 million ($105.7 million) antitrust lawsuit against Heineken and its Greek subsidiary in the Court of Amsterdam, claiming the beer maker used its dominant position as Europe’s largest brewer to hold down competitors in Greece’s beer market over the past two decades.

  • February 24, 2017

    New Zealand Regulators Block $2.4B Vodafone, Sky Deal

    Vodafone Group PLC’s plans to merge its New Zealand unit with Sky Network Television Ltd. hit a roadblock on Thursday, when New Zealand’s antitrust watchdog found that the $2.4 billion combination would reduce competition in the broadband and mobile telecommunications markets.

  • February 24, 2017

    HSBC Appeals €33.6M Euribor Manipulation Fine

    HSBC Holdings PLC is appealing a European Union fine of €33.6 million ($35.6 million) over its alleged involvement in a cartel that manipulated prices for the key Euribor interest rate benchmark, the British bank said Friday.

  • February 23, 2017

    E-Book Cos. Push 2nd Circ. To Revive Antitrust Claims

    A pair of book companies, one of them defunct, asked the Second Circuit on Thursday in back-to-back arguments to revive their suits against a group of publishers, saying the lower court erred in finding they hadn’t suffered antitrust injuries from an anti-competitive conspiracy involving the price-fixing of e-books sold by Apple Inc.

  • February 23, 2017

    FCC Grants Small-Business Relief From Transparency Rules

    The Federal Communications Commission’s Republican majority voted Thursday to exempt broadband providers with 250,000 or fewer subscribers from stepped-up transparency rules in the 2015 Open Internet Order as the lone Democratic commissioner objected amid questions of how the GOP will deal with broader net neutrality rules.

  • February 23, 2017

    Ex-UBS Trader Hayes Fights FCA Lifetime Ban Over Libor

    Tom Hayes, the former UBS AG and Citigroup Inc. trader sentenced to 11 years in prison for rigging a key interest rate benchmark, is seeking to overturn his lifetime ban from the Financial Conduct Authority, partly on the grounds that it is "prejudicial" to his conviction appeal, his solicitor confirmed.

  • February 23, 2017

    Time Warner Eyes Atlanta Station Sale Ahead Of AT&T Deal

    Time Warner Inc. said in a Thursday regulatory filing it is looking to sell an Atlanta broadcast station to Meredith Corp. for $70 million, a move that comes as the content company pushes forward with its $85.4 billion sale to telecommunications giant AT&T Inc.

  • February 23, 2017

    Honeywell Sues To Stop Alarm.com's $140M Monopoly Bid

    Honeywell International Inc. on Tuesday filed an antitrust action against Alarm.com and Icontrol Networks Inc. over a planned $140 million security technology acquisition deal, alleging in New Jersey federal court the deal would give Alarm.com a monopoly in the market.

  • February 23, 2017

    E-Book Seller Appeals Canadian Price-Fixing Settlements

    E-book retailer Kobo Inc. has lodged an appeal of agreements Canada’s Competition Bureau inked in January to settle price-fixing allegations against publishers, saying in a Toronto court that the agency stepped outside its authority because the conspiracy took place in the U.S.

  • February 23, 2017

    3rd Circ. Won't Retread Car Shipping Antitrust Suit

    The Third Circuit has denied a request by auto and equipment dealers and others to reconsider a January ruling that international shipping companies are immune from allegations of a conspiracy to stifle competition and fix prices for vehicle transportation.

  • February 23, 2017

    Levine Lee Adds IP, Antitrust Litigation Pro From Cravath

    Litigation boutique Levine Lee LLP has added an intellectual property and antitrust litigator previously with Cravath Swaine & Moore LLP as a partner in its New York office, the firm has announced.

  • February 23, 2017

    FTC Chair To Take On Job Licensing With New Task Force

    The new acting chairwoman of the Federal Trade Commission launched a task force Thursday to tackle state and local licensing requirements that have proliferated in recent years for everyone from hairdressers and makeup artists to interior designers, a new initiative designed to pare down on “dubious” and "ridiculous" requirements threatening economic growth.

Expert Analysis

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Big Settlement Shows FERC's Pursuit Of Market 'Gaming'

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    In a recent settlement with the Federal Energy Regulatory Commission, energy supplier GDF Suez paid the largest penalty levied by the agency in almost four years. This reflects FERC’s pursuit of “gaming” of wholesale electric markets through strategies that technically comply with rules, but are allegedly inconsistent with their purpose, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • A Deeper Dive Into Merger Remedies

    Steven A. Tenn

    A recent Federal Trade Commission study concludes that merger remedies generally have been successful, with “failures” representing only 17 percent of the 50 remedy orders considered. Interpreting this finding requires an understanding of the methodology used in the FTC’s study, and its benefits and limitations, says Steven Tenn, a former FTC economist now with Charles River Associates.

  • Debating Anti-Rebate And Inducement Laws In Washington

    Shawn Hanson

    Last month, the Washington state Senate introduced a bill that would amend its anti-rebate and inducement laws to allow insurers to offer free goods and services. Supporters argue that Washington is the only state in the country to force consumers to pay for technology that is free everywhere else, while opponents have expressed concern for fair competition, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Individual Defense In The Shadow Of Corporate Guilty Pleas

    Jessica K. Nall

    Corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But whether their corporate employer pleads guilty or pursues an alternative resolution, there are other factors at play that can make a bigger difference to the eventual outcome for individuals, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.