Competition

  • April 21, 2017

    Airlines’ $40M Antitrust Deal Unfair, 9th Circ. Hears

    An objector to a $39.5 million settlement ending antitrust claims in multidistrict litigation against Societie Air France and others told a Ninth Circuit panel Friday the settlement unfairly lumped the claims of customers who bought tickets through travel agents with the stronger case of direct purchasers, diluting her damages.

  • April 21, 2017

    Water Cos. Launch NJ Suit Over Chemical Price-Fixing Plot

    Chemicals producers were slapped Friday with an antitrust suit in New Jersey federal court by water utilities in seven states over an alleged price-fixing and bid-rigging scheme involving a water treatment chemical, adding to the wide-ranging litigation over the purported conspiracy.

  • April 21, 2017

    Tech Giants Urge Trump Not To Drop Qualcomm SEP Suit

    Samsung, Intel and other companies urged President Donald Trump on Thursday to crack down on owners of standard-essential patents who don’t license them on fair terms, and to allow a Federal Trade Commission suit accusing Qualcomm of doing that to proceed in court.

  • April 21, 2017

    DOJ Says Deere, Monsanto Can’t Access Expert’s Notes

    The U.S. Department of Justice on Thursday asked an Illinois federal judge to deny Deere & Co. and Monsanto Co.’s request to obtain interview notes from the agency’s expert in a lawsuit seeking to block Deere's acquisition of Monsanto's Precision Planting LLC, calling the attempt “unwarranted.”

  • April 21, 2017

    Gillette's Unfair Practices Suit Against Startup Unravels

    Gillette lost yet another round in its legal rumble with a startup razor company Tuesday when a Massachusetts judge dismissed the rest of its claims against ShaveLogic over former employees allegedly taking confidential information there, but allowed ShaveLogic’s counter-claims to move forward.

  • April 21, 2017

    In-Flux DOJ Looks To Extend Deadlines In AmEx, BMI Appeals

    Two of the U.S. Department of Justice's biggest pending antitrust appellate fights against AmEx and BMI are poised to remain on ice until summer, as the watchdog waits for its new leadership to get into place.

  • April 21, 2017

    MMA Fighters Ask Court To Reschedule UFC Execs' Depos

    Mixed martial arts fighters accusing the UFC of illegally dominating the sport asked a Nevada federal judge to reschedule its depositions with two executives at the organization, arguing Friday that they can’t conduct depositions of the UFC’s former chief legal officer and current chief operating officer on such short notice.

  • April 21, 2017

    FCA Probes 5 Aviation Insurance Brokers Over Info Sharing

    The Financial Conduct Authority is investigating Aon PLC, Marsh Ltd. and three other brokers for potentially sharing competitively sensitive information in the aviation insurance sector, the companies confirmed Friday, as the watchdog expands its use of its competition powers.

  • April 21, 2017

    Sabre Fires Back At US Airways For $122M Fee Request

    Air booking company Sabre urged a New York federal court to deny US Airways' request for $122 million in attorneys' fees in an antitrust suit over a contract giving Sabre booking access to all of the airline's seats, arguing the airline didn’t produce timely records to justify its fee request.

  • April 21, 2017

    EU Ends Biofuel Price-Fix Case As Benchmark Probe Goes On

    The European Commission closed an investigation into alleged price-fixing by several ethanol companies due to a lack of "community interest," a spokesperson confirmed Thursday, but said a probe into possible industry benchmark manipulation by a trio of ethanol producers is still in progress.

  • April 20, 2017

    Anthem Seeks Injunction To Keep Cigna In $54B Merger

    Anthem Inc. moved ahead in Delaware’s Chancery Court late Wednesday with a motion for a preliminary injunction barring Cigna Corp. from an April 30 termination of their disputed merger agreement, part of a multiforum brawl over the $54 billion tie-up.

  • April 20, 2017

    Wis. ‘Artisanal Butter Ban’ Unconstitutional, Ohio Co. Says

    An Ohio-based cheese and butter producer hit the state of Wisconsin with a suit Thursday in federal court, claiming that the state’s law mandating that all butter receive a government-issued grade before it can be sold within its borders is arbitrary, costly, anti-competitive and unconstitutional.

  • April 20, 2017

    Deutsche To Pay Fed $157M For Forex, Volcker Violations

    Deutsche Bank AG and affiliates will pay $156.6 million to settle two Federal Reserve probes that found the bank fell short of Volcker Rule oversight requirements and let its traders rig foreign exchange rates, the regulator said Thursday.

  • April 20, 2017

    FCC Deregulates Business Data Market Amid Pushback

    Federal Communications Commission Republicans voted at a busy meeting Thursday to relax pricing regulations in the market for business data services despite some calls for a delay or course change, with Democratic Commissioner Mignon Clyburn calling the order “one of the worst” in her nearly eight years at the FCC.

  • April 20, 2017

    Fiat Dealership Won’t Get New Price Bias Trial

    A California federal judge on Thursday rejected a San Jose dealership’s bid to retry a $1.7 million antitrust suit accusing Fiat Chrysler of offering better incentives to local rivals, ruling that it was up to the dealership to prove that the incentives were not universally available.

  • April 20, 2017

    AIG Units Owe Sabre Monopoly Defense, NY Panel Says

    Sabre Inc.’s roughly $300 million coverage dispute with two AIG units is headed to trial in October, after a New York appeals court Thursday affirmed a lower court ruling that the units could be responsible for most of the costs of American Airlines’ antitrust litigation against Sabre.

  • April 20, 2017

    Stryker Cut From Zimmer's Howmedica Trade Secrets Suit

    Medical technology company Zimmer Inc., Howmedica Osteonics Corp. and others have agreed to cut Stryker Corp. from Zimmer’s lawsuit accusing Howmedica of developing a “Trojan horse” plan to steal its trade secrets, as long as certain conditions apply.

  • April 20, 2017

    Momenta, Sandoz Again Try To Nix Amphastar's Antitrust Suit

    Momenta and Sandoz on Thursday asked a Massachusetts federal judge to toss a revived antitrust suit by Amphastar claiming they stifled competition for generic anticoagulant enoxaparin, saying there have been no barriers to selling the drug.

  • April 20, 2017

    Brocade, Broadcom Offer EU Antitrust Fixes For $5.9B Deal

    Broadcom Ltd. and networking solutions provider Brocade Communications Systems Inc. on Wednesday sent European Union competition regulators proposed fixes to assuage antitrust concerns over their $5.9 billion deal.

  • April 20, 2017

    La. Nursing Board Asks Supreme Court To Skip Antitrust Suit

    The Louisiana Board of Nursing has asked the U.S. Supreme Court not to resuscitate a Fifth Circuit decision finding the board was shielded from an antitrust suit by a former Grambling State University nursing student whose program was shut down, saying it is entitled to sovereign immunity.

Expert Analysis

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • What An Illegal Price-Fixing Bot Might Look Like

    David Evans

    Generally, price-setting bots are not violating the Sherman Act. At what point would, or could, a bot engage in illegal price-fixing? Let's look at five scenarios, says David Evans of Kelley Drye & Warren LLP.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Applying Buckman Preemption To Antitrust And RICO Claims

    Stephen McConnell

    In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • How New Pricing Technology Raises New Antitrust Issues

    Matthew P. Kennison

    Prices provide crucial information to buyers and sellers, and so have always been critical to a competitive economy and antitrust law. But the emergence of new online information-harvesting technology and instantaneous transmission of pricing information may lead to anti-competitive price-fixing arrangements and disputes about distributors’ pricing, say Matthew Kennison and Steven Cernak of Schiff Hardin LLP.