Competition

  • April 20, 2018

    DOJ Investigating AT&T, Verizon For Possible Collusion

    AT&T and Verizon are under investigation from the U.S. Department of Justice over their potential coordination with a telecommunications standards organization to keep customers from easily switching carriers, multiple media outlets said Friday.

  • April 20, 2018

    Cephalon's $125M Antitrust Deal Is Valid, Atty Power Unknown

    A contract outlining terms of Cephalon Inc.’s $125 million settlement, which resolved allegations it paid competitors to delay generic versions of its Provigil drug, is binding and enforceable, a Pennsylvania federal judge said Friday, but left undetermined if an insurer-claimant’s attorneys were authorized to approval the deal.

  • April 20, 2018

    Alnylam, Dicerna Settle Trade Secrets Case Ahead Of Trial

    With a trial looming, Dicerna Pharmaceuticals Inc. announced Friday it would shell out $15 million and close to a million shares of common stock to end Massachusetts state and federal court litigation with Alnylam Pharmaceuticals Inc. in which both sides accused the other of misappropriating trade secrets for technology related to RNA interference.

  • April 20, 2018

    Vitamin C Importers Urge Less Int’l Deference At High Court

    Vitamin C importers told the U.S. Supreme Court in a brief ahead of oral arguments next week that domestic courts are not required to defer to a foreign government's interpretation of its own laws, in a closely watched price-fixing case set to include participation from both the U.S. and China over the vacating of a $147.8 million judgment.

  • April 20, 2018

    DC Circ. Skeptical Of FCC's Rationale To Restore UHF Break

    A D.C. Circuit panel grilled the Federal Communications Commission Friday over its revival of an obsolete technical distinction that lets broadcasters reach a higher percentage of U.S. households, as the FCC claimed “procedural discretion” for a holistic approach to address what it considers a too-restrictive cap on broadcaster reach.

  • April 20, 2018

    Arnold & Porter Picks Up Antitrust Partner In London

    Arnold & Porter has hired a veteran international arbitration and antitrust litigation attorney with a background in investor state and commercial contract disputes from Shepherd and Wedderburn LLP, the firm recently announced. 

  • April 20, 2018

    Black & Decker Licensing Suit Filed Too Late, 4th Circ. Says

    The Fourth Circuit on Thursday refused to revive an antitrust suit accusing Black & Decker Corp. and a host of other table-saw makers of conspiring not to license technology from SawStop LLC, saying SawStop had waited too long to sue.

  • April 20, 2018

    Mexican Telecom Fined $5M For Competition-Barring Deal

    Mexico's telecommunications regulator has announced over $5 million in fines for a telecommunications company and its mobile phone service subsidiary for inking exclusivity agreements with a financial services firm preventing that company from working with the competition.

  • April 20, 2018

    Passengers Slam Airline's Trial Delay Bid In Price-Fix Spat

    Airline passengers asked a California federal judge on Thursday to reject a request from All Nippon Airways Co. Ltd. to delay potentially until 2019 a jury trial in their proposed class action alleging the Japanese carrier participated in a conspiracy to fix prices for long-haul flights to Pacific destinations.

  • April 20, 2018

    Texas AG Settles Boycott Suit Against Dental Supplier

    The Texas Attorney General’s Office settled Thursday a suit alleging a dental supplier was part of an anti-competitive and illegal boycott targeting an online marketplace run by the Texas Dental Association, the third such agreement it has reached.

  • April 20, 2018

    T-Mobile, Sprint Face Tough Odds For Tie-Up

    Rumors are again whirling that T-Mobile and Sprint are weighing a tie-up, but the No. 3 and No. 4 U.S. wireless players will need to come eye-to-eye on a merger agreement before deciding whether they can muster a successful defense of a deal regulators are likely to deem anti-competitive.

  • April 19, 2018

    AT&T-Time Warner Judge Returns To Deal's Arbitration Offer

    The D.C. federal judge overseeing the U.S. Department of Justice challenge to AT&T’s proposed $85 billion Time Warner purchase again asked Thursday about an arbitration offer key to defense efforts to appease government antitrust concerns, wanting to know what AT&T’s CEO envisions after that offer expires.

  • April 19, 2018

    1st Amendment May Shield Cisco In Arista's Antitrust Suit

    A California federal judge Thursday expressed “grave concerns” about whether Arista Networks Inc.’s antitrust suit could proceed against Cisco Systems Inc. because the conduct in question — a separate copyright infringement case Cisco filed against Arista and statements by Cisco’s general counsel — may have First Amendment protection.

  • April 19, 2018

    DOJ Antitrust Chief Says Privacy Could Be New Market Asset

    The head of the U.S. Department of Justice's Antitrust Division laid out his views about digital platforms like Facebook and Google on Thursday, saying privacy is emerging as a new type of asset that digital companies may soon be competing over, but called for measured enforcement of the space.

  • April 19, 2018

    DOJ Slams DirecTV Bid To Exit AT&T-Time Warner Tie-Up Suit

    The U.S. Department of Justice hit back Thursday against DirecTV’s bid to escape the suit challenging its parent company AT&T’s planned purchase of Time Warner, telling a D.C. federal court that the satellite provider is a major part of why the deal is under fire.

  • April 19, 2018

    Pfizer Gets Final Nod On $94M Celebrex Antitrust Settlement

    A Virginia federal judge signed off Wednesday on Pfizer’s $94 million settlement, including nearly $31 million in legal fees, with drug buyers who said the pharmaceutical giant extended its monopoly over the anti-inflammatory Celebrex by illegally blocking generic competition.

  • April 19, 2018

    Investors Say Live Nation’s Iffy Compliance Made Stock Drop

    The entertainment behemoth created by the $2.5 billion merger of Live Nation and Ticketmaster failed to tell shareholders that it may have violated a consent decree with the U.S. Department of Justice that greenlighted the deal by bullying venues into exclusive contracts, an investor said in a proposed class action filed Wednesday in California federal court.

  • April 18, 2018

    Antitrust Concerns Led Fox To Pick Disney Over Comcast

    Walt Disney Co. said in an SEC filing Wednesday that potential regulatory risk including the “possibility of an outright prohibition” led 21st Century Fox Inc. to decline a higher offer from a third party, reportedly Comcast Corp., before agreeing to Disney’s $52.4 billion acquisition deal in December.

  • April 18, 2018

    Leverage Doesn’t Solve Problems, Time Warner CEO Says

    AT&T’s proposed purchase of Time Warner has nothing to do with gaining “leverage” over rival pay-TV providers and everything to do with tackling the real challenges facing modern television programmers, Time Warner’s CEO said in D.C. federal court Wednesday in a step-by-step attack on the U.S. government’s merger challenge.

  • April 18, 2018

    DirecTV Looks To Exit AT&T-Time Warner Merger Fight

    Satellite service provider DirecTV asked a D.C. federal court on Tuesday to dismiss it from the U.S. Department of Justice suit challenging AT&T’s planned purchase of Time Warner, arguing that it has no business being in the case since it’s a wholly owned subsidiary of the buyer.

Expert Analysis

  • Can A Single FTC Commissioner Constitute A Quorum?

    Stephen Calkins

    With Federal Trade Commissioner Terrell McSweeny resigning on April 28, it is possible that acting Chairman Maureen Ohlhausen will be left as the sole commissioner. The FTC appears to believe that it can take formal action by a 1-0 vote, but to allow this would be possibly not lawful and certainly not wise, say professor Stephen Calkins of Wayne State University and John Villafranco of Kelley Drye & Warren LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Avoiding Pitfalls In Physician Practice Acquisitions

    Excerpt from Lexis Practice Advisor
    William Eck

    The past few years have seen a resurgence in the acquisition of physician practices, both by hospitals and by private equity firms. However, acquiring a physician group carries special challenges in view of the heavy regulation of the health care provider industry, says William Eck of Seyfarth Shaw LLP.

  • Opinion

    The Flawed European Remedy To Bayer-Monsanto Deal

    Allen Grunes

    It is a safe bet that the U.S. Department of Justice is poised to sign on to the European agreement on Bayer’s acquisition of rival Monsanto, perhaps with a few tweaks. Even so, the Bayer-Monsanto transaction is likely to harm U.S. farmers, say Allen Grunes and Maurice Stucke, founders of The Konkurrenz Group.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 3

    Eric Weiss

    In the final article of their series on the American Bar Association’s 66th Antitrust Law Spring Meeting, attorneys with Perkins Coie LLP offer key takeaways from some of the sessions on consumer protection.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Highlights Of ABA Antitrust Spring Meeting: Part 2

    Barry Reingold

    The American Bar Association’s 66th Antitrust Law Spring Meeting included many sessions on merger enforcement. Attorneys with Perkins Coie LLP offer key takeaways from some of the most interesting panels.

  • Coaltrain Ruling Clarifies FERC’s Enforcement Powers

    Michael Brooks

    A federal district court in Ohio recently upheld some of the Federal Energy Regulatory Commission’s penalties against an energy company and its owners for market manipulation. Although the court’s reasoning generally followed the lead of other courts that have recently opined on the scope of FERC’s enforcement authority, there are a number of elements worth noting, say attorneys with Bracewell LLP.

  • Highlights Of ABA Antitrust Spring Meeting: Part 1

    Shylah Alfonso

    The American Bar Association’s 66th Antitrust Law Spring Meeting included a number of sessions with representatives from federal and state antitrust enforcement agencies. Attorneys with Perkins Coie LLP offer some key takeaways from those sessions.