Competition

  • December 15, 2017

    Bayer, Belmora Spar Over TM, Antitrust Bids In Flanax Feud

    The dispute over the pain reliever Flanax continued in Virginia federal court Friday, with the two sides offering dueling arguments for summary judgment on Bayer AG's trademark claims and Belmora LLC's antitrust counterclaims.

  • December 15, 2017

    6th Circ. Asked To Ax Tesla Info Grab In Direct Sales Row

    Three Michigan auto dealers made moves Friday to get the Sixth Circuit to let them off the hook of having to give Tesla information about their lobbying efforts supporting a state ban on car manufacturers selling vehicles directly to consumers.

  • December 15, 2017

    Pearson Simon, Burns Charest To Lead German Auto MDL

    A California federal judge on Thursday picked attorneys from Pearson Simon & Warshaw LLP and Burns Charest LLP as co-lead counsel for plaintiffs in multidistrict litigation accusing Audi, BMW, Volkswagen and other German automakers of a decadeslong antitrust conspiracy covering car technology, costs, suppliers and emissions equipment.

  • December 15, 2017

    Amazon Pays Italy €100M To Settle Tax Claims

    The Italian revenue agency Agenzia delle Entrate said on Friday it reached an agreement with Amazon.com Inc., in which the online retailer will settle allegations that it avoided paying taxes in the country.

  • December 15, 2017

    US Soccer Tells 2nd. Circ. League's Woes 'Self-Inflicted'

    The U.S. Soccer Federation told a Second Circuit panel Friday that soccer in the U.S. has seen “unprecedented success and growth” under the organization's league standards and urged the court to reject the North American Soccer League’s bid to stop the federation from bumping it down to third-tier status, a move the NASL says will force it out of business.​

  • December 15, 2017

    Luxembourg To Appeal €250M Amazon Tax Recovery Order

    Luxembourg’s finance ministry said Friday that it had decided to appeal a state aid decision handed down by the European Union’s antitrust enforcer earlier this year that ordered the country to recover €250 million ($294 million) in corporate income taxes from Amazon.com Inc.

  • December 15, 2017

    Topgolf Tech Co. Buy Harmed Competition, 5th Circ. Told

    Golf driving range and entertainment venue Sureshot Golf Ventures Inc. on Thursday urged the Fifth Circuit to revive a lawsuit alleging that competitor Topgolf International Inc. unfairly shut it out of the market by purchasing a golf ball tracking technology company used by Sureshot, saying the move was monopolistic and harmed competition.

  • December 15, 2017

    MVP: Quinn Emanuel's Stephen Neuwirth

    Quinn Emanuel Urquhart & Sullivan LLP’s Stephen Neuwirth scored major victories for clients in both class and nonclass antitrust matters over the last year, including another settlement for egg purchasers and a win for the Washington Nationals in a dispute with the Baltimore Orioles, landing him a spot among Law360's 2017 Competition MVPs.

  • December 15, 2017

    Doctor Certification Group Sheds Antitrust Case

    A nonprofit that oversees a group of medical specialty certification boards has not violated antitrust laws by teaming up with a hospital accreditation company to ensure hospital doctors are certified by its members, an Illinois federal judge has ruled.

  • December 14, 2017

    Retailers, Policy Orgs. Back Gov’t In AmEx High Court Fight

    A trove of retailers and public interest groups Thursday urged the U.S. Supreme Court to reverse a ruling that upheld the legality of American Express' anti-steering provisions, which they said spells disaster for consumers and competition law alike.

  • December 14, 2017

    Appeal Says Fla. Ignored Rules In Hospice License Denial

    A Florida appeals court on Thursday weighed whether the state Agency for Health Care Administration properly considered the presence of a regional monopoly in hospice services when it denied “certificate of need” approval to a provider seeking to start a new program in Sarasota County.

  • December 14, 2017

    DOJ Antitrust Official Wary Of Regulatory Approach To Data

    A top U.S. Department of Justice antitrust official voiced skepticism Thursday of calls to force companies to share their data, but conceded that in “narrow circumstances,” it may be appropriate to bring a challenge over a company's refusal to deal with its competitors.

  • December 14, 2017

    Ex-Deutsche Traders' Libor Trial Delayed By Taint Inquiry

    A frustrated Manhattan federal judge on Thursday pushed the criminal trial of two former Deutsche Bank traders from early to mid-2018, making more time to examine whether the London Interbank Offered Rate rigging case was tainted by testimony compelled in the U.K.

  • December 14, 2017

    Startups Need Education On CFIUS Triggers, House Panel Told

    The government must work to educate tech startups on potential national security and Committee on Foreign Investment in the United States oversight issues raised by early stage investments from foreign companies, a former high-ranking Treasury Department official now with WilmerHale told the House Financial Services Committee on Thursday.

  • December 14, 2017

    Questions Linger For SFO Amid Reforms, Hunt For New Head

    After years of questions about its future, the U.K.'s Serious Fraud Office won a reprieve this week as the government began hunting for the agency's new leader amid a broader plan to get more aggressive on economic crime. But questions remain about just how independent the prosecutor would be once the government creates a new white collar crime fighter.

  • December 14, 2017

    MVP: Arnold & Porter's Saul P. Morgenstern

    Arnold & Porter Kaye Scholer LLP’s Saul P. Morgenstern has spent the past year defending a trove of industry giants, from Penguin Group to Norfolk Southern, against individual and class action antitrust claims while helping others nip claims in the bud, landing him among Law360’s 2017 Competition MVPs.

  • December 13, 2017

    Partial Win Likely For Celgene In Mylan Antitrust Suit

    A New Jersey federal judge indicated Wednesday that she would give Celgene Corp. a partial win in an antitrust suit from Mylan Pharmaceuticals Inc. over cancer drugs Thalomid and Revlimid, saying Celgene likely could be held liable for its conduct after Mylan received approval of testing protocols but not before.

  • December 13, 2017

    ND Physician Group Merger Halted For FTC Review

    A North Dakota federal judge issued a preliminary injunction on Wednesday blocking a proposed merger between a pair of health care providers in the state until the matter could be reviewed at a scheduled Federal Trade Commission administrative hearing in January.

  • December 13, 2017

    Blumenthal Asks DOJ To Reopen Comcast-NBCU Review

    Sen. Richard Blumenthal, D-Conn., on Wednesday urged the U.S. Department of Justice to consider extending soon-to-expire conditions on Comcast's purchase of NBCUniversal, citing the antitrust enforcer's recent challenge to AT&T's bid for Time Warner and the impending demise of net neutrality rules.

  • December 13, 2017

    Ex-Deutsche Bank Trader's Libor Case Tainted, Judge Told

    Lawyers for former Deutsche Bank AG trader Gavin Black sought to undermine the U.S. Department of Justice in a Manhattan federal court on Wednesday at a hearing in which the government must show its London Interbank Offered Rate-rigging case wasn’t tainted by Black’s compelled testimony in the U.K.

Expert Analysis

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I like to ask is not just what new technology is available, but how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for both professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • What To Make Of CVS-Aetna And Other Megadeals

    Randy Gordon

    Under one view, large-scale mergers like the one proposed between CVS and Aetna are fine so long as they don’t restrict consumer choices and stifle innovation. But from another view, “bigness” can be an evil in its own right, says Randy Gordon of Crowe & Dunlevy PC.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Warnings Against Global Patent Licensing Remedies

    Koren Wong-Ervin

    Last week, the Organization for Economic Cooperation and Development held a roundtable on extraterritorial remedies, including on global portfolio-wide remedies in antitrust patent licensing cases. Koren Wong-Ervin, director of IP and competition policy at Qualcomm Inc., reviews some of the public statements made by speakers at the off-the-record event.