Competition

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    FTC Wants In On Oral Args Over Seattle's Uber Union Law

    The Federal Trade Commission asked the Ninth Circuit on Thursday to allow the agency to participate in oral arguments in a challenge to Seattle's ordinance allowing Uber and Lyft drivers to unionize, saying the law runs afoul of the so-called state action doctrine and could lead to too many antitrust exemptions.

  • December 8, 2017

    Pharma Group Sues Calif. Over Drug Pricing Law

    Trade group Pharmaceutical Research and Manufacturers of America on Friday sued California to block a newly approved drug pricing law, calling it a vast overreach that amounts to a “nationwide ban” on price increases.

  • December 8, 2017

    Court OKs $35M Atty Fees In Deutsche, JPMorgan Libor Deal

    Following his approval of the banks’ combined $148 million settlement, a New York federal judge on Thursday granted $34.88 million in attorneys’ fees to counsel for two investor classes alleging JPMorgan and Deutsche Bank rigged the London Interbank Offered Rate.

  • December 8, 2017

    Nucap Loses Bid To Depose Bosch Chairman In Brake IP Fight

    Nucap Industries Inc. can’t depose Robert Bosch GmbH’s chairman in a lawsuit over Bosch’s alleged theft of brake design components since there’s no evidence he’s involved in the issues at hand, an Illinois federal magistrate judge said Thursday.

  • December 8, 2017

    US Says It Needn't Show Deutsche Traders Duped Libor Body

    Prosecutors seeking to convict two former Deutsche Bank traders on Libor rigging charges told a New York federal court Thursday that the case doesn't rely on proving the pair meant to deceive the U.K. banking organization that actually set the global lending benchmark.

  • December 8, 2017

    3 Attys OK'd To Lead Dairy Price-Fixing Class Action

    An Illinois federal judge has given three attorneys from Barrett Law Group PA, NastLaw LLC and Roberts Law Firm PA the green light to lead a consumer class action alleging that a now-canceled program to slaughter milk cows resulted in illegal price-fixing for dairy products.

  • December 8, 2017

    DOJ Tells High Court 2nd Circ. Erred In AmEx Ruling

    The U.S. Department of Justice told the U.S. Supreme Court on Thursday that it should vacate and remand the Second Circuit’s ruling that the use of increased fees to fund rewards for cardholders justifies American Express' anti-steering provisions imposed on merchants, claiming the ruling overlooked the central concern of antitrust laws: the preservation of competitive prices. 

  • December 8, 2017

    DOJ, AT&T Get March Trial Date For $85B Merger Fight

    U.S. District Judge Richard J. Leon on Thursday set a March 19 bench trial in the government’s challenge of AT&T’s $85.4 billion deal to purchase Time Warner Inc., rejecting AT&T's request for an earlier trial date.

  • December 8, 2017

    EU Sues Ireland Over Inaction On Apple's $15.5B Tax Bill

    The European Commission said Friday it has sued Ireland for not collecting nearly €13 billion ($15.5 billion) in taxes the regulator found Apple Inc. should have paid, shortly after the tech giant escrowed the money while its challenge to the EC’s determination proceeds.

  • December 8, 2017

    EU Antitrust Chief Cites Deep Worries About Lufthansa Deal

    The European Union’s chief antitrust enforcer on Friday cited “deep competition concerns” about Deutsche Lufthansa AG’s proposal to buy €210 million ($247 million) in assets from beleaguered rival Air Berlin PLC.

  • December 8, 2017

    EU Finds Int'l Skating Body's Eligibility Restrictions Unfair

    Sanctions handed down by the International Skating Union to speed skaters who participate in events not authorized by the organization are “disproportionately punitive” and restrict competition in favor of the ISU’s own commercial interest, the European Union’s antitrust watchdog said in a statement Friday.

  • December 7, 2017

    NJ Dunkin’ Brands Franchisees Sued Over Bakery Boycott

    Operators of a proposed Dunkin’ Donuts baking facility in Trenton, New Jersey, launched an antitrust lawsuit Wednesday in federal court against a group of Dunkin’ Brands franchisees and local businesses, accusing them of unlawfully boycotting the creation of the bakery in order to maintain their market share in South Jersey.

  • December 7, 2017

    4th Circ. Frees Pfizer From Antitrust Suit Over Celebrex Patent

    The Fourth Circuit on Thursday granted an unopposed motion to dismiss an antitrust suit brought against Pfizer Inc. by a putative class of health benefits plans that alleged the company used anti-competitive practices to get a patent for the inflammation medication Celebrex.

  • December 7, 2017

    FTC Wants More Info From Northrop Over $9.2B Orbital Deal

    Northrop Grumman Corp. on Wednesday said the Federal Trade Commission hit it with a second request for information related to its all-cash bid to buy defense technology services company Orbital ATK Inc. for $7.8 billion in cash and $1.4 billion in debt.

  • December 7, 2017

    BCBS Units Must Produce Additional Docs In Antitrust MDL

    An Alabama federal judge has ordered two Georgia-based Blue Cross Blue Shield units operated by Anthem to produce missing data in multidistrict litigation alleging the health care provider fixed insurance prices, telling the provider that if it does not submit the documents, it must explain why under oath.

  • December 6, 2017

    3rd Circ. Rejects Redo Of DuPont $176M Price-Fixing Claims

    The Third Circuit Tuesday declined Valspar Corp.’s motion rehear a $176 million lawsuit accusing DuPont of chemical price fixing.

  • December 6, 2017

    Allergan Says Shire Suit Upends 'Very Fabric' Of Antitrust Law

    Shire’s recent claims that Allergan Inc. improperly discounted various drugs in an attempt to keep Medicare Part D beneficiaries from using Shire’s competing treatment for dry eyes “runs counter to the very fabric” of antitrust law, Allergan told a New Jersey federal court on Tuesday.

  • December 6, 2017

    Italy Fines Unilever €60M For Freezing Out Ice Cream Rivals

    Italy's antitrust enforcer said Wednesday that it has fined Unilever’s Italian subsidiary more than 60 million euros ($70 million) for freezing out competitors in the country’s single-serve ice cream market.

Expert Analysis

  • The Johnson Conviction And Fallout For Forex Market

    Paul Hinton

    The recent conviction of former HSBC foreign exchange executive Mark Johnson has shocked market participants and could lead to a reduction in liquidity for block trades in the foreign exchange and other over-the-counter markets, say members of The Brattle Group and AGN Advisory.

  • Opinion

    Leave The Never-Was-Neutral Net Alone

    Doug Hass

    Federal Communications Commission Chairman Ajit Pai bills his recent net neutrality proposal as a “repeal” of the 2015 rules, but it really just imposes his own version of net neutrality through impenetrable and ultimately ineffectual disclosures that both harm providers and confuse users, says Doug Hass, general counsel at Lifeway Foods Inc.

  • Putting China’s Fair Competition Review System Into Action

    Shelley Zhang

    Five competition-related authorities recently issued another “top-level design" for promoting implementation of China’s Fair Competition Review System, which should contribute to achieving the Chinese government's goals of regulating the activities of government agencies and maintaining fair competition in markets, say Shelley Zhang and David Goldstein of Orrick Herrington & Sutcliffe LLP.

  • Ex Ante Rate Disclosure In Tech Standards, A Decade Later

    Anne Layne-Farrar

    In 2007, the VITA Standards Organization made history — and stirred up a lot of controversy — by adopting a patent policy that mandates “ex ante” royalty rate disclosures. I recently spoke to Ray Alderman, who conceived of and pushed the new policy through implementation, about the factors that have made the policy a success over the last 10 years, says Anne Layne-Farrar of Charles River Associates.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • The Latest Trends In Drug Monopolies

    Miriam Vishio

    Given the potential of certain "anti-generics" strategies to stymie competition, antitrust scrutiny likely will only intensify. The ramifications for pharmaceutical companies, consumers, payors and sovereign entities could be significant as courts consider these burgeoning strategies, say Miriam Vishio and Nicholas Cheolas of Zelle LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • And Now A Word From The Panel: 5 MDL Lessons

    Alan Rothman

    In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • CFTC's Troubling Price Manipulation Claims Against Statoil

    Norman Bay

    Statoil ASA will pay $4 million to resolve claims that the company attempted to manipulate propane prices, but the intent evidence that the U.S. Commodity Futures Trading Commission relied upon is not very persuasive, say attorneys with Willkie Farr & Gallagher LLP.