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Competition

  • April 18, 2019

    PE Firm Inks $13M Deal To Exit Water Chemical Price-Fix Suit

    A chemical supplier's parent company has inked a $13 million deal in the hopes of extricating itself from multidistrict litigation accusing it and dozens of others of participating in a scheme to rig the price of a water treatment chemical.

  • April 18, 2019

    SmileDirect Can Lodge Ala. Antitrust Fight In State Court

    An Alabama federal judge has cleared the way for SmileDirectClub to retry its antitrust claims against the state's dental examiners board in state court.

  • April 18, 2019

    Sprint-T-Mobile Still Fails To Make Case 1 Year In, Critics Say

    The alliance of telecom industry players and stakeholders that teamed up to challenge T-Mobile's planned $26 billion pickup of Sprint Corp. told the Federal Communications Commission on Thursday that the argument against the tie-up has only gotten stronger in the year since it was announced.

  • April 18, 2019

    Univision Asks FCC To Allow More Foreign Investment

    Spanish-language media company Univision Communications asked the Federal Communications Commission on Wednesday to modify a previous rule and increase the amount of allowable foreign ownership in the company, so that it can restructure a subsidiary.

  • April 18, 2019

    CDK Has 'No Basis' For Docs Privilege, Auto Dealers Say

    CDK Global is trying to hide behind the mere fact that attorneys were copied on business communications to claw back hundreds of documents "damaging to its case" defending against antitrust multidistrict litigation claims, auto dealerships told an Illinois federal judge Wednesday.

  • April 18, 2019

    NFL Says City Of Oakland Can't Sue Over Raiders Relocation

    The Oakland Raiders and the NFL have pushed a California federal court to toss claims made by the city that the league broke antitrust laws and breached its own constitution by allowing the Raiders to leave for Las Vegas, saying the city doesn’t have any standing to file the suit.

  • April 18, 2019

    Watchdog Calls For Laws To Shake Up UK Audit Sector

    Britain’s antitrust watchdog urged lawmakers on Thursday to pen legislation that will force the country’s accounting giants to split their audit and consulting services and work with smaller auditors as it seeks to open up competition in the sector.

  • April 17, 2019

    2 Fixes The DOJ Could Demand From Sprint-T-Mobile

    The U.S. Department of Justice will face a tricky task in slicing up Sprint Corp. and T-Mobile USA Inc. business units if its Antitrust Division decides it will not approve the $26 billion transaction as it's currently arranged, but telecom and competition experts say the job can still be done.

  • April 17, 2019

    Libor Deal Distribution 'Problematic At Best,' NY Judge Says

    A plan to distribute a $30 million settlement struck to end allegations of Libor rate rigging against JP Morgan and Bank of America leaves questions unanswered and seems "problematic at best," a New York federal judge has said.

  • April 17, 2019

    Pittsburgh Hospitals' Bid To Break Blues' Licenses Shelved

    Western Pennsylvania’s top hospital group can’t try to sever exclusive licenses between Blue Cross Blue Shield and regional health plans as part of a larger antitrust brawl over the insurance giant’s dominance of geographic areas, an Alabama federal judge ruled Tuesday.

  • April 17, 2019

    9th Circ. Affirms $42M Fee Award In NCAA Damages Deal

    The Ninth Circuit on Wednesday cleared the way for a nearly $209 million settlement between athletes and the NCAA over claims it unlawfully capped compensation, affirming a $42 million fee award despite objections from a former Division I football player.

  • April 17, 2019

    Escape Hatch Remains For Judges Accused Of Misconduct

    Recent changes empowering judicial authorities to conduct institutional reviews of alleged misconduct after a judge retires are a step in the right direction, advocates say, but do they go far enough? (This article is part of a series examining sexual harassment in state courts.)

  • April 17, 2019

    Trade Org 'Stacking The Board,' Flouting Injunction: Mill

    A mill booted from an industry trade group accused the organization of violating a federal judge's temporary reinstatement order and of trying to "stack the board" against the company amid a contract breach and antitrust suit in Washington district court.

  • April 17, 2019

    Toshiba Seeks New Suitors For LNG Biz After ENN Deal Dies

    Toshiba said Wednesday that it will be entertaining new bids for its U.S. liquid natural gas business after Chinese company ENN's planned takeover of the unit failed to secure regulatory clearance in the U.S. and China.

  • April 17, 2019

    BCBS Providers, Subscribers Push For Cert. In Antitrust MDL

    Health care providers and insurance subscribers asked an Alabama federal judge to certify several classes in their sprawling litigation accusing the Blue Cross Blue Shield network of stifling hospital reimbursements and hiking purchasers' premiums with a scheme to divvy the market among its members.

  • April 17, 2019

    BioPharma Firm, Device Maker Blocked Generic, Sandoz Says

    Biopharmaceutical firm United Therapeutics Corp. colluded with the only manufacturer of an infusion pump for injecting its brand-name hypertension drug to muscle out Sandoz's generic alternative, Sandoz alleged in New Jersey federal court.

  • April 17, 2019

    UK Spots Issues With Thermo Fisher $925M Microscope Deal

    Britain’s antitrust authority said Wednesday it’s considering blocking microscope supplier Thermo Fisher’s proposed $925 million purchase of another industry player after an in-depth probe backed up regulators’ initial competition concerns with the combination.

  • April 17, 2019

    Federal Courts' #MeToo Response Is A Guide For State Courts

    Recent workplace assessments from two groups in the federal judiciary are instructive for state courts that choose to similarly review their misconduct policies and address the significant power imbalances that can silence victims.

  • April 17, 2019

    EU Signs Off On Buyer For ArcelorMittal's Asset Sale

    Europe’s antitrust watchdog gave the green light Wednesday to steelmaker ArcelorMittal’s plan to sell off some of its European plants in order to secure final approval for its €1.8 billion ($2.1 billion) buyout of an Italian steel producer.

  • April 16, 2019

    Riding #MeToo Wave, State Courts Get Their Ships In Order

    Most state court systems have already been rolling out their own changes in the wake of federal #MeToo reforms, but making judges accountable for sexual misconduct won't happen overnight. (This article is part of a series examining sexual harassment in state courts.)

Expert Analysis

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Biologic Manufacturers Should Expect Antitrust Scrutiny

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    Recently filed class actions against AbbVie and various biosimilar manufacturers, alleging that the U.S. Supreme Court's Actavis decision should be applied to supposedly anti-competitive biologic/biosimilar settlement agreements, indicate that the biologic space may be the next hotbed of pharmaceutical antitrust activity, say James Kovacs and Ankur Kapoor of Constantine Cannon.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • What We Heard At The FTC Hearings: Days 18 And 19

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    The eleventh hearing in the Federal Trade Commission’s series on competition in the 21st century addressed cross-border cooperation. Rebecca Engrav and Jeremy Keeney of Perkins Coie offer some key takeaways.

  • Manufacturers Need To Mitigate Risk Of Price Bias Claims

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    A New Jersey federal court recently set the stage for a Robinson-Patman Act trial in Marjam v. Firestone, which may motivate more resellers to challenge manufacturers' unjustified disparate pricing strategies, say attorneys with K&L Gates.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • Opinion

    Amended EU Class Action Proposal Is A Loss For Consumers

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    The U.S. Chamber of Commerce is poised to neuter the European Commission's collective action proposal — intended to let EU consumers challenge corporate misconduct — with a series of debilitating amendments that the Council of the EU must fight back against, says Laura Antonini of the Consumer Education Foundation.