Makan Delrahim’s confirmation as head of the U.S. Department of Justice’s Antitrust Division comes with several major mergers up for review and politicians clamoring for stepped-up enforcement, and the decisions made on these deals could shed light on the direction and posture of the division going forward. Here, Law360 takes a look at some of the transactions waiting on Delrahim's desk.
Europe’s antitrust watchdog opened an in-depth investigation on Tuesday into a planned joint venture between Texas-based specialty materials company Celanese Corp. and private equity giant the Blackstone Group over concerns it could hurt competition in the market for acetate tow.
Cohen Milstein Sellers & Toll PLLC forfeited its right to any fees from a now-settled antitrust case against a hospital group when it opted to withdraw without facing circumstances in which staying in the case would be “legally impossible,” the firm’s former client told a Florida federal court Monday.
The stateside branch of FIFA, international soccer’s governing body, on Monday said the antitrust suit it’s facing over a league’s revoked Division II status is rife with “overblown rhetoric about an imagined conspiracy,” urging a New York federal judge to deny the league’s bid for a preliminary injunction.
A month after a Pennsylvania federal judge refused to throw out antitrust claims brought by more than 40 states accusing U.K.-based Indivior Inc. of delaying the introduction of generics of its opioid addiction treatment Suboxone, he let its former sister company Reckitt Benckiser Healthcare escape the litigation Tuesday.
Mitsuba Corp. and its U.S. unit have agreed to pay $22.8 million to resolve claims that they took part in a massive conspiracy to fix prices of a variety of auto parts, according to a Tuesday motion seeking preliminary approval of a proposed settlement in Michigan federal court.
The British government wants to limit exceptions to national security reviews of would-be mergers under a proposal unveiled on Tuesday that would sharply narrow the financial thresholds of hookups in specific industries such as military and “dual-use" products subject to scrutiny and potential intervention.
The U.S. Department of Justice on Tuesday said that General Electric Co. has agreed to make payments to the government while it continues to unload a water treatment business, a sale the company agreed to in exchange for clearance of its $32 billion deal with Texas-based Baker Hughes.
An Illinois federal judge on Tuesday signed off on a settlement that could see International Paper Co. and two other companies paying out up to $354 million to resolve claims that they colluded to suppress production of containerboard to drive up prices.
End-payor and direct purchasers' bids for class certification were granted in Massachusetts federal court Monday in the pay-for-delay litigation against drugmakers Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the generic version of Medicis’ acne medication Solodyn.
The U.S. Supreme Court’s decision Monday to take up a case over American Express Co.’s policy of prohibiting merchants from steering customers to other credit cards gives the high court a rare opportunity to provide clarity on the rule-of-reason. Experts tell Law360 that while most antitrust cases taken up by the justices deal with what kind of analysis needs to be made, in this case they could touch on how that analysis should be performed.
Travel agents suing American Airlines Inc., Delta Air Lines Inc., United Airlines Inc. and a global airfare publisher have asked the Ninth Circuit to revive their suit alleging the airlines conspired to fix prices on multicity flights, arguing that new evidence substantiated their conspiracy claims but were ignored by the lower court.
Free-agent quarterback Colin Kaepernick has filed a labor grievance alleging the NFL and its teams have colluded to keep him out of the league for spearheading national anthem protests last season, a charge that could destabilize the league’s labor agreement if he can manage to prove it.
The Federal Communications Commission will likely comply with the U.S. Department of Justice’s request for access to service provider information that might help the DOJ prepare for future enforcement actions over anti-competitive behavior in the mobile wireless services industry, as long as no affected parties oppose the disclosure.
Valspar Corp. asked the Third Circuit to rehear en banc its bid to revive a $176 million lawsuit against DuPont, arguing Friday the panel strayed from precedent with a standard that would make it “virtually impossible” for a price-fixing suit against an oligopoly to survive summary judgment.
A California federal judge on Monday tossed Live Nation and Ticketmaster's bid for a quick win on some of Songkick's antitrust claims against the ticketing giant and its subsidiary over their alleged monopoly on ticket sales, saying the parties disagree on the facts but there is “no question” that the suit stems from a restraint of trade.
The U.S. Supreme Court said Monday it will hear an antitrust case over American Express Co.'s rules preventing merchants from steering customers to other credit cards, provisions that a group of states has said are anti-competitive.
Anheuser-Busch InBEV and Molson Coors Brewing Co. asked a Wisconsin judge Friday to toss an antitrust suit that alleges they conspired to restrict competition in Ontario’s beer market, arguing the complaint fails to explain why a U.S. court should hear the case.
Cigna Healthcare Inc. has pressed the Eleventh Circuit to address its concerns that a claims processor misappropriated at least part of $25 million it paid in a class action settlement with medical providers who claimed that it conspired to keep reimbursements low.
A Pennsylvania federal magistrate judge on Friday referred to mediation a price discrimination and breach of contract lawsuit against Honeywell International Inc. brought by a security products competitor alleging violation of a decade-old agreement, ordering the costs to be split between both companies.
The European Commission approved Valeo SA’s €819.3 million ($985.4 million) acquisition of FTE Automotive Group on Friday after initially balking at the auto parts merger over antitrust concerns, relenting on the condition that Valeo sell its passive hydraulic actuator business to a rival.
The new book "The Judge: 26 Machiavellian Lessons" is a lively tour of colorful incidents and personalities that have populated the U.S. Supreme Court for the past 23 decades. Do authors Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of their examples are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.
While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.
The U.S. Department of Justice's recent lawsuit challenging Parker Hannifin’s consummated acquisition of Clarcor serves as an important reminder that the agencies can — and in some limited instances will — challenge consummated transactions that were reported to them under the Hart-Scott-Rodino Act, says Jack Sidorov of Lowenstein Sandler LLP.
Given the uptick in global awareness and enforcement of anti-bribery and corruption laws, most U.S.-based health care companies are attuned to the risks associated with legal infractions caused by their operations and conduct abroad. However, such ex-U.S. activities may also impact health care companies’ ability to conduct business within the U.S., say attorneys with Ropes & Gray LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.
Despite a number of key federal antitrust posts remaining vacant, the antitrust authorities have remained quite active. Here, attorneys with Arnold & Porter Kaye Scholer LLP discuss five recent transactions and what those cases mean for merger enforcement in the United States in the coming months and years.
Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.
We regularly receive queries from clients regarding the legality of director interlocks under Section 8 of the Clayton Act. But another important question to consider is the potential risk created by interlocking directors under Section 1 of the Sherman Act or Section 5 of the Federal Trade Commission Act, say Pat Pascarella and Nate Newman of Tucker Ellis LLP.