Competition

  • September 13, 2019

    DOJ Auto Antitrust Probe May Target Emission Rules: Harris

    U.S. Sen. Kamala Harris, D-Calif., asked the U.S. Department of Justice's watchdog Friday to look into whether the agency's apparent antitrust investigation into four carmakers that recently struck a deal on emissions standards with the state of California is an attempt to coerce the companies to quit that deal.

  • September 13, 2019

    UFC, Fighters Trade Blows Ahead Of Class Cert. Decision

    The Ultimate Fighting Championship and fighters suing it over an anti-competitive “scheme” that allegedly keeps their earnings low have just traded some of the most important blows in the potentially multibillion-dollar case, with each side trying to knock out the other’s experts ahead of a class certification decision.

  • September 13, 2019

    Egg Producer Fights 3rd Circ. Appeal After Antitrust Verdict

    The nation's second-largest egg producer urged the Third Circuit on Thursday not to overturn a jury verdict that cleared it of antitrust violations so that egg buyers could apply a stricter standard.

  • September 13, 2019

    High Prices Are Side Effect Of AbbVie-Allergan Deal, Feds Told

    Public interest and labor groups have called on the Federal Trade Commission to reject AbbVie’s planned $63 billion acquisition of Allergan if the merger threatens consumers with higher drug prices. 

  • September 13, 2019

    Traders Ask 2nd Circ. To Revisit Energy Co. Antitrust Suit

    Derivatives traders that accused BP PLC and other energy companies of manipulating overseas oil prices asked the Second Circuit to revisit its decision to throw out their claims, arguing that the court made a factual mistake and that the Commodity Exchange Act allegations were wrongly dismissed.

  • September 13, 2019

    FTC Clears $160M Pipeline Deal After Noncompete Nixed

    The Federal Trade Commission has withdrawn its challenge to Nexus Gas Transmission’s plan to pick up an Ohio pipeline for $160 million after the company agreed to drop a noncompete clause from the deal, the agency said Friday.

  • September 13, 2019

    DOJ Asks To Argue In Health Cos.' Syringe Price-Fix Appeal

    The U.S. Department of Justice has asked the Seventh Circuit for permission to participate in oral arguments later this month in support of three health care providers, which seek to reinstate a proposed class suit accusing medical supplier Becton Dickinson & Co. and others of conspiring to inflate syringe and catheter prices.

  • September 13, 2019

    3rd Circ. Sends J&J Remicade Antitrust Fight to Arbitration

    The Third Circuit ruled on Friday that antitrust claims from Rochester Drug Cooperative Inc. over allegedly inflated prices it paid for the Johnson & Johnson immunosuppressant Remicade fell within the scope of an arbitration clause in a distribution agreement between the two companies.

  • September 13, 2019

    Drug Pricing Site Can't Escape Pharmacy Groups' Blacklists

    A New York federal judge has shot down a bid to force a pair of major pharmacy associations to stop blacklisting a website that informs U.S. consumers about cheaper, international options for filling prescriptions.

  • September 13, 2019

    Caesars Blasts 'Unsupported' Hotel Search Conspiracy Claims

    Caesars railed against a magistrate judge's recommendation that a travel-booking company's conspiracy lawsuit against it be allowed to move forward, arguing in Texas federal court that the decision was reached after "little analysis" and is contrary to settled case law.

  • September 13, 2019

    Endo Says Drop Direct Buyers' Cert. Bid In Pay For Delay Row

    Endo Pharmaceuticals has urged an Illinois federal judge to toss a class certification bid by direct buyers of medication in multidistrict litigation who claim they overpaid for the painkiller Opana ER, saying the proposed class is too small to be certified.

  • September 13, 2019

    House Panel Steps Up Apple, Amazon, Google Antitrust Probe

    Leaders of the House Judiciary Committee stepped up their antitrust investigation into digital markets Friday by asking the heads of Facebook, Apple, Google and Amazon for company documents containing details on products and services, market share, executive communications and more.

  • September 13, 2019

    LSE Snubs £30B Bid From Hong Kong Stock Exchange

    London Stock Exchange Group on Friday rejected a £29.6 billion ($36.86 billion) takeover offer from the Hong Kong Stock Exchange, saying there are “fundamental flaws” with the bid that leave no room for further discussions. 

  • September 12, 2019

    Writers Guild Blasts 'Misrepresentations' By Talent Agencies

    The Writers Guild of America is pushing back on claims that it’s delaying litigation in its attack on fee structures used by major Hollywood talent agencies, telling a California federal court it’s trying to find an orderly way to hash out competing antitrust allegations in three related cases.

  • September 12, 2019

    6th Circ. Axes Workers' Fiat Chrysler-UAW Collusion Suit

    The Sixth Circuit on Thursday ruled that Fiat Chrysler workers don't have a right to sue the company and the United Automobile Workers for colluding against their interests during collective bargaining, affirming a lower court's decision that the employees have not demonstrated any breach of their union contract.

  • September 12, 2019

    Door Co. Fights Rival's 4th Circ. Appeal Of Divestiture Order

    Interior door maker Steves and Sons told the Fourth Circuit that a Virginia federal court was right in forcing its competitor Jeld-Wen Inc. to sell off part of a Pennsylvania factory it has acquired in order to resolve antitrust concerns.

  • September 12, 2019

    Deutsche Bank's $15M Deal Is 1st In Bond Price-Fixing Suit

    Investors alleging major banks conspired to fix prices for bonds issued by Fannie Mae and other government-sponsored enterprises told a New York federal court that they have their first settlement, unveiling a $15 million deal with Deutsche Bank that includes compliance and cooperation provisions.

  • September 12, 2019

    Tire Cos. Say DOJ Docs Are Off-Limits In Antitrust Row

    Bridgestone Corp. and several other major tire companies have told a Michigan federal court that they should not have to release documents tied to a U.S. Department of Justice antitrust probe of the industry until questions about the purchaser plaintiffs are resolved.

  • September 12, 2019

    DOJ Antitrust Chief Cautions Against 'Worldwide Relief'

    "Comity" and how far competition enforcers should apply it was the theme Thursday as the head of the U.S. Department of Justice's Antitrust Division called for international competition agencies to respect one another's enforcement remedies even while avoiding "global" fixes that may encroach across borders.

  • September 12, 2019

    Antitrust, Digital Policy Collide In Top EU Enforcer's 2nd Term

    Europe’s top competition official, Margrethe Vestager, known for high-profile antitrust actions against U.S. technology companies, has been tapped to continue in her role for a second term while also being given an expanded purview covering the bloc’s digital policy. The dual mandates she’ll operate under raise questions about what to expect, but experts tell Law360 that doesn’t mean she’s not the right person for both jobs.

  • September 12, 2019

    DOJ, FTC Bite Into Ala. Dental Board's 11th Circ. Appeal

    The U.S. Department of Justice and the Federal Trade Commission voiced support Wednesday for SmileDirectClub as it battles the individual members of the Alabama dental examiners' board, telling the Eleventh Circuit that a district judge correctly refused to grant blanket immunity.

  • September 11, 2019

    Nokia Can Still Pursue Daimler IP Suit In Germany, For Now

    A California federal judge said she won’t block Nokia and a host of other companies from pursuing patent claims against automaker Daimler AG in Germany because an auto parts supplier's request to stop them from doing so wasn’t clear enough on which parties it was targeting.

  • September 11, 2019

    Iancu Emphasizes Good Faith In FRAND Negotiations Policy

    The director of the U.S. Patent and Trademark Office told a conference that any new measure addressing patent licensing negotiations in the wake of uncertainty over an Obama-era policy on standard-essential patents should be made in "good faith." 

  • September 11, 2019

    Parallel Google Probes Highlight Cracks Between Enforcers

    When the attorneys general of 48 states, plus the District of Columbia and Puerto Rico, kicked off an investigation Monday into Google’s search and advertising practices, they correctly noted how unusual it is to have so many states unified behind an antitrust probe. But not all government officials were on board.

  • September 11, 2019

    2nd Circ. Tussle Distills Court Divide On Booze Laws

    Sharp disagreements in the Second Circuit over whether a Connecticut liquor law runs afoul of antitrust law, recently exposed in a bitter dissent, highlight a circuit split that some experts predict will be taken up by the U.S. Supreme Court.

Expert Analysis

  • Beyond $15B: What's At Stake In The Apple Irish Tax Appeal

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    On Tuesday, the EU General Court will hear an appeal to a European Commission decision ordering Apple to repay €14.3 billion in taxes and interest to Ireland. This case triggers important questions of a member country’s range of discretion in granting tax incentives to nonresident companies, says Joyce Beebe of Rice University.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Creative Ways To Challenge Master Complaints In MDLs

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    By laying the appropriate groundwork, defendants can increase their likelihood of successfully challenging multidistrict litigation master complaints in early motion practice, and significantly affect the course of the litigation, says Jessica Wilson of DLA Piper.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • 'Warehousing' Structures May Violate EU Merger Regulations

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    The recent fine in the Canon/Toshiba case demonstrates the European Commission's narrow approach to "warehousing" structures and further blurs the line between how gun-jumping and legitimate preparation of mergers are interpreted in EU merger agreements, say Tobias Caspary and Penelope Hale of Fried Frank.

  • 2 Themes From Qualcomm's Appeal Of FTC's Antitrust Win

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    In its brief asking the Ninth Circuit to reverse the Federal Trade Commission's antitrust win in the recent chip licensing litigation, Qualcomm focuses on evidence and U.S. Supreme Court precedent, but it seems the FTC's case remains solid, says Thomas Cotter of the University of Minnesota Law School.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • How Railroads Dodged A Bullet In Fuel Surcharge Case

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    The D.C. Circuit recently affirmed the denial of class certification in a case against the four largest U.S. railroads for conspiring to set fuel surcharges, diminishing shippers' time to bring individual antitrust claims, says Sandra Brown of Thompson Hine.

  • SEPs In The Wake Of Qualcomm: 4 Patenting Issues

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    Following a California federal court’s decision in Federal Trade Commission v. Qualcomm, massive judgments and settlements raise the question of whether to declare a patent essential to a standard, but the potential benefits of pursuing a standard-essential patent must be balanced with an understanding of the potential consequences, say attorneys at Sterne Kessler.

  • 3 Compliance Considerations After New DOJ Antitrust Policy

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    For the first time under the U.S. Department of Justice’s antitrust criminal enforcement policy, a company that adopts an effective compliance program may completely avoid criminal liability. In light of this, companies are well advised to reevaluate their antitrust compliance programs, say Marc Siegel and Peter Julian of Jones Day.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.