Competition

  • March 24, 2017

    Big Banks Dodge Currency Buyers' Forex-Rigging Suit

    Foreign currency buyers alleging they were charged falsely inflated prices as a result of a massive, ongoing price-fixing conspiracy by the world’s largest banks saw their latest complaint tossed out Friday by a New York federal judge, who said they failed to show how they suffered any antitrust injury.  

  • March 24, 2017

    Cisco Says 'Barred' IP Rival Can't Bring Sales Antitrust Suit

    Cisco Systems Inc. asked a California federal judge Thursday to toss rival Arista Networks Inc.’s antitrust suit alleging it interfered with sales of Ethernet switches, arguing Arista lacks standing to bring the suit because the U.S. International Trade Commission had found that the switches infringe Cisco's patents.

  • March 24, 2017

    NCAA Says O'Bannon 'Win' Not Enough For $42M Attys' Fee

    The NCAA asked the Ninth Circuit to deny a $42 million attorneys' fee request in the long-running litigation over rules barring student-athletes from being paid for the use of their names, images and likenesses, arguing Thursday that the win was only partial and doesn’t warrant such a large award.

  • March 24, 2017

    High Court Asked To Flip Cup Antitrust Ruling From 1st Circ.

    Evergreen Partnering Group has asked the U.S. Supreme Court to review its lawsuit against Solo Cup, Dart Container and others alleging a conspiracy to muscle Evergreen out of the market, saying there is a circuit split on the evidence needed to beat a summary judgment motion.

  • March 24, 2017

    Subscribers Ask Judge To Rethink Trimming BCBS Antitrust MDL

    Insurance subscribers in multidistrict litigation accusing Blue Cross Blue Shield of a massive price-fixing conspiracy asked an Alabama federal judge to reconsider some of his summary judgment ruling, arguing Thursday that the company’s out-of-state plans don't qualify for antitrust immunity.

  • March 24, 2017

    Ex-Barclays Trader Tells Court Fixing Libor 'Couldn’t Hurt'

    A former Barclays trader accused of attempting to manipulate a key global interest rate benchmark in a bid to boost profits told a London court on Friday that a successful rig would only have a “small” impact on his desk’s position and that he made requests just because they “couldn’t hurt.”

  • March 24, 2017

    Chicago Cabbies Take Uber Regs Fight To Supreme Court

    Chicago taxi companies Wednesday asked the U.S. Supreme Court to hear their arguments that city regulations covering ride-hailing platforms like Uber and Lyft violate the cab businesses' constitutional rights.

  • March 24, 2017

    Schenker Fights To Shield Client Info In Air Cargo Cartel Suit

    Air France, KLM, Martinair and Qantas cannot dig up information on freight forwarder Schenker AG’s relationship with its customers because it’s irrelevant to a $370 million antitrust suit accusing major airlines of fixing prices for air cargo services, Schenker told a New York federal court Thursday.

  • March 24, 2017

    Uber Arbitration Appeal May Hinge On Rakoff Court Comment

    Second Circuit Judge Denny Chin asked Friday if a trial should be held on whether Uber's mandatory arbitration clause was unlawfully buried in the smartphone of a rider who brought a price-fixing action — and the answer may hinge on a comment U.S. District Judge Jed S. Rakoff made in open court.

  • March 24, 2017

    Anthem Battles To Save $54B Cigna Deal At DC Circ. Hearing

    Anthem Inc. fought to salvage its thwarted $54 billion merger with Cigna Corp. during oral arguments before a D.C. Circuit panel on Friday, claiming that a trial judge ignored the deal’s massive medical cost savings when she blocked it for being anti-competitive.

  • March 24, 2017

    Hong Kong Regulator Takes First Case To Competition Court

    Hong Kong’s antitrust regulator on Friday took five information technology companies to court over allegations of bid rigging in the first enforcement proceedings brought by the watchdog since the enactment of the territory’s competition law in December 2015.

  • March 23, 2017

    House Repeals Antitrust Immunity For Health Insurance Cos.

    The U.S. House of Representatives on Wednesday overwhelmingly passed a bill that restores the government’s ability to charge health insurers under federal antitrust laws, but while Republicans touted it as a way to protect competition and consumers, Democrats called such claims “exaggerated.”

  • March 23, 2017

    Exec Sentenced To 15 Months In NYC Tour Bus Monopoly Suit

    A former executive of a New York City tour bus company will spend 15 months in prison after admitting to concealing and destroying documents during a U.S. Department of Justice antitrust litigation over an alleged monopoly of the hop-on, hop-off tour business, federal prosecutors announced on Thursday.

  • March 23, 2017

    Cozen Continues Miami Growth With 3 Commercial Litigators

    Cozen O'Connor has continued its rapid growth in Miami, announcing the addition of three commercial litigators it says will contribute in a variety of areas, including contracts, antitrust cases, bankruptcy fraud, real estate and construction matters, and litigation involving government entities.

  • March 23, 2017

    Anthem Merger Appeal Could Be Sideshow To DOJ Deal

    Anthem is making final preparations ahead of oral arguments Friday morning in the D.C. Circuit in its bid to salvage its $54 billion merger with Cigna, but the real action may be occurring on the sidelines as the insurer tries to broker a deal with the Trump administration.

  • March 23, 2017

    Israeli Coke Distributor Could Face $17M Antitrust Fine

    Israel’s antitrust regulator suggested a 62 million Israeli new shekel ($17 million) fine for the country’s Coca-Cola manufacturer and distributor on Wednesday, accusing the company of abusing its prominent market position and engaging in anti-competitive behavior.

  • March 23, 2017

    DirecTV Settles DOJ's Dodgers Channel Info-Sharing Suit

    DirecTV and AT&T reached a deal Thursday to settle the U.S. Department of Justice's claims that the companies illegally shared sensitive information about negotiations to carry the Dodgers’ official local broadcast partner, agreeing to crack down on their executives' conversations with rivals.

  • March 23, 2017

    Generics Face Antitrust Suit Over Antidepressant Prices

    Generic drug makers Sandoz, Mylan and Par Pharmaceuticals were slapped with an antitrust suit in Pennsylvania federal court on Wednesday, accusing them of colluding to increase the price for amitriptyline, an antidepressant.

  • March 23, 2017

    Express Scripts Targeting Mail-Order Pharmacies, Suit Says

    Express Scripts Inc. has conspired with CVS Health Corp. to remove independent pharmacies from the mail-order prescription market, a Manhattan pharmacy that suffered “catastrophic financial harm” from the alleged scheme told a Missouri federal court.

  • March 23, 2017

    Brazilian Watchdog Approves $3.8B Exchange Merger

    São Paulo Stock Exchange operator BM&FBovespa SA said Wednesday its planned merger with Cetip SA Mercados Organizados, in a deal that values Cetip at around 12 billion Brazilian reais ($3.8 billion), was greenlighted by Brazil's antitrust regulator with no additional remedies.

Expert Analysis

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Beware Antitrust Risks In Syndicated Lending

    Joshua Shapiro

    Despite their pro-competitive benefits, syndicated loan arrangements involve communication and collaboration among competitors and thus raise potential antitrust concerns. While U.S. regulators have yet to probe this industry, a recent European Commission statement may portend future regulatory scrutiny in this area, say Joshua Shapiro and Puja Patel of Allen & Overy LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Opinion

    DC Circ. Should Be Wary Of Efficiencies Defense In Anthem

    David Balto

    The children’s book "If You Give a Mouse a Cookie" could easily have been describing merger defendants’ efforts to push antitrust policy toward far more permissive standards in merger defenses. A perfect example of this is found in the Anthem merger case now on appeal at the D.C. Circuit, which will hear oral argument on Friday, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • 2 Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

    Elena Kamenir

    The Federal Trade Commission’s decision in 1-800 Contacts suggests that private settlement agreements reached after petitioning the government through litigation are not immunized under the Noerr-Pennington doctrine. Similarly, the First Circuit’s decision in Amphastar suggests that alleged anti-competitive conduct that occurs prior to government petitioning activity is subject to antitrust scrutiny, say attorneys with Orrick Herri... (continued)