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Competition

  • October 17, 2018

    FTC On Ropes As Courts Wallop Suits Over Past Conduct

    The Federal Trade Commission's power to punish past conduct involving consumer fraud or anti-competitive shenanigans is looking wobbly after a one-two punch of court decisions forcing the agency to also identify imminent or ongoing violations when it challenges prior behavior.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting? (This article is part of a series examining gender gaps at the high court.)

  • October 17, 2018

    Ariz. AG Sues Dental Supply Co. Benco Over Group Boycott

    Arizona's attorney general filed a lawsuit Wednesday in state court accusing dental supply company Benco of participating in a boycott of the state's dental association and pressuring suppliers not to work with the group.

  • October 17, 2018

    20 Drugmakers Must Face Generic Price-Fixing MDL

    A Pennsylvania federal court has greenlighted the first round of multidistrict litigation accusing more than 20 generic-drug makers of conspiring to fix their prices, excusing only Teligent Inc. from the antitrust litigation.

  • October 17, 2018

    EBay Accuses Amazon Of Poaching Top Sellers

    EBay Inc. hit Amazon.com with a lawsuit in California state court Wednesday, accusing the Seattle-based online retail giant of orchestrating a massive campaign to poach top sellers from eBay's online trading platform in violation of the California Computer Data Access and Fraud Act and state business statutes.

  • October 17, 2018

    Cabela's Tells Chancery Ex-Workers' Startup Must Be Stopped

    Sporting goods retailer Cabela’s LLC told a Delaware Chancery Court judge Wednesday that a group of former employees should be enjoined from launching a competing website in an apparent breach of employment agreements that bar use of the company’s confidential information.

  • October 17, 2018

    Apple's Window To Nix Patent Has Closed, Qualcomm Says

    Qualcomm has told a California federal judge that Apple can't argue it doesn't owe royalties for a particular patent because its window to do so has shut, and the consumer tech giant's theory that the patent has been newly injected into the companies' massive licensing dispute belies the fact Apple has known about the patent for months. 

  • October 17, 2018

    DOJ Antitrust Chief Cautions Against Punishing Big Data

    Makan Delrahim, the chief for the Justice Department's Antitrust Division, cautioned Wednesday against treating big data as automatically anti-competitive, arguing that case-by-case antitrust scrutiny of actions by major online platforms like Google and Facebook is required because big data also offers major procompetitive benefits.

  • October 17, 2018

    Full 9th Circ. Won’t Refuel Airfare Price-Fixing Suit

    The full Ninth Circuit has refused to take another stab at an antitrust suit that accuses three major airlines and an airfare publisher of plotting to fix prices for travel among multiple cities.

  • October 17, 2018

    Left-Out CRT Buyers Blast ‘Paltry’ $6M Fee-Share Proposal

    Carving $6 million from a massive attorneys' fees award isn’t enough to overcome the fundamental failure to represent indirect buyers of cathode ray tubes from three states originally excluded from a $576.8 million bundle of antitrust settlements, buyers from the excluded states told a California federal judge Tuesday.

  • October 17, 2018

    Sultzer Law Adds 2 Class Action Pros From Wolf Haldenstein

    The Sultzer Law Group has nabbed two Wolf Haldenstein Adler Freeman & Herz LLP partners to bolster its New York City offerings with their extensive experience litigating class actions in areas such as product liability, cybersecurity and privacy, antitrust, employment and securities, the firm said Tuesday.

  • October 17, 2018

    Lens Makers Look To Nix Price-Fixing Claims From MDL

    Several major contact lens manufacturers urged a Florida federal judge on Tuesday to slice two types of antitrust claims off sprawling multidistrict litigation accusing them of conspiring to keep prices high, calling the consumers' arguments fatally flawed.

  • October 17, 2018

    2 Ex-Deutsche Traders Convicted Of Libor-Rigging

    A Manhattan federal jury on Wednesday convicted two former Deutsche Bank AG traders of rigging the London Interbank Offered Rate to benefit their trading positions, setting the stage for a protracted legal fight over whether or not the trial was tainted by compelled testimony.  

  • October 17, 2018

    Au Pair Agencies Say Feds' Brief Dooms Wage Claims

    Au pair sponsoring agencies gearing up for trial over allegations in a collective action they colluded to set low pay rates told a Colorado federal court Tuesday that a recent U.S. government filing in a related case debunks the former au pairs' central theory that the weekly stipend is illegally low.

  • October 16, 2018

    Pfizer Can't Derail EpiPen Pay-For-Delay Discovery: 2nd Circ.

    The Second Circuit on Tuesday rejected Pfizer Inc.'s effort to shield evidence of a suspected pay-for-delay deal involving emergency allergy treatment EpiPen, saying the drugmaker can't torpedo a New York discovery petition by moving it to federal court.

  • October 16, 2018

    MoFo Nabs Fujitsu's Compliance Head, Ex-Prosecutor In SF

    Morrison & Foerster LLP has hired Fujitsu's head of international compliance, who has also worked as an assistant U.S. attorney in California and New York, to join its San Francisco office, the law firm said.

  • October 16, 2018

    Farmers Say Don’t Kill Monsanto Antitrust Claims In MDL

    Farmers' allegations that Monsanto Corp. engaged in anti-competitive practices by pushing soybeans with a tolerance to a specific herbicide should not be dismissed, they argue, because their suit could show that the company knew farmers would be compelled to buy the product.

  • October 16, 2018

    Dental Suppliers Told Reps Not To Sell To Buying Co-Ops: FTC

    Federal Trade Commission staffers told an agency administrative law judge Tuesday that the country’s three dominant dental supply companies colluded by explicitly instructing their sales representatives not to offer discounts to buying groups.

  • October 16, 2018

    Germany Probing Sky's Soccer Broadcast Deal

    German competition regulators announced Tuesday they are investigating a deal reached by broadcaster Sky PLLC and sports streaming service operator Perform Group LLC to split the rights to show Champions League soccer games in Germany.

  • October 16, 2018

    BASF Offers To Cut Deals On Nylon Buy To Win EU Nod

    Germany’s BASF has made several commitments to the EU in hopes of addressing antitrust concerns stemming from its planned €1.6 billion ($1.85 billion) purchase of Solvay's nylon business, the chemical giant said Monday.

Expert Analysis

  • Class Arbitration Goes To The Supreme Court

    Jay Bogan

    A U.S. Supreme Court ruling in Varela v. Lamps Plus that the Federal Arbitration Act displaces contractual interpretation rules likely would vacate the Eleventh Circuit's recent JPay decision, says James Bogan of Kilpatrick Townsend & Stockton LLP.

  • Series

    Trade Wars: Tariffs Threaten To Outweigh Tax Reform Gains

    Erica York

    In the next installment of this series examining the dimensions of the Trump administration's trade agenda, Erica York of the Tax Foundation discusses how the economic harm caused by tariffs could slow or offset the economic and employment benefits of tax reform.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Series

    Trade Wars: When Trade And National Security Converge

    Mario Mancuso

    Increasing tariffs, new scrutiny of foreign investments in U.S. companies, and export controls over “emerging and foundational” technology are part of a Trump administration strategy to advance national security objectives using economic tools. These measures are ushering in a new era of trade restrictions, say attorneys with Kirkland & Ellis LLP.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Series

    Trade Wars: Anti-Dumping And Countervailing Duty Trends

    Shelby Anderson

    In the first article of this special series on the Trump administration's trade policies, attorneys from Covington & Burling LLP explore how a notable increase in U.S. anti-dumping and countervailing duty enforcement actions is creating significant compliance challenges for foreign companies and U.S. importers.

  • The Side Effects Of Policing 'Speech Monopolies'

    Hartley West

    Are companies such as Facebook, Amazon, Twitter and Google stifling free speech on their platforms? If the answer top antitrust regulators arrive at is “yes,” then significant new risks could be coming for not only these tech behemoths, but any businesses that utilize their platforms — in the U.S. or abroad, say attorneys at Kobre & Kim LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.