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Competition

  • December 13, 2018

    SAP Can't Duck Data Co.'s Copyright, Tying Claims

    A California federal judge has refused to toss a data analytics company's copyright infringement and antitrust claims against software maker SAP SE, but dismissed its trade secret claims for now.

  • December 13, 2018

    Cost Of Lengthy Cartel Appeal Not EU's Fault, Court Says

    The European Union's top court has overturned more than €800,000 in damages the bloc was ordered to pay to five companies for unreasonably delaying their antitrust appeals, finding that the EU wasn't responsible for the costs those companies incurred while they waited.

  • December 13, 2018

    Qualcomm Can't Block Huawei, LG Docs From Antitrust Case

    The Federal Trade Commission will be able to present written testimony from Huawei and LG Electronics Inc. in the upcoming California federal court trial over antitrust charges the Federal Trade Commission has brought against Qualcomm.

  • December 13, 2018

    Court Trims Deutsche Telekom Fine Over Broadband Shut-Out

    A European court on Thursday reduced a €69.9 million ($79.4 million) fine levied by the bloc's antitrust enforcer against Deutsche Telekom AG over allegations that its Slovak subsidiary attempted to shut competitors out of the broadband services market, but agreed that the activity was anticompetitive.

  • December 13, 2018

    Texas Court Sends Metals Co. Noncompete Row To Arbitration

    A Texas appellate court on Thursday held a trial court wrongly refused to send to arbitration a lawsuit brought by two former US Money Reserve Inc. employees who had asked a state district judge to declare their noncompete agreements invalid.

  • December 13, 2018

    Alstom, Siemens Offer EC A Remedy For Merger Deal To Pass

    Alstom and Siemens said Wednesday that they had submitted a proposal to the European Commission to address its concerns that their merger would would increase costs to manufacturers and raise fares for passengers.

  • December 13, 2018

    Direct Buyers Win Cert. In Lamictal Antitrust Suit

    Drug wholesalers who directly purchased GlaxoSmithKline PLC's epilepsy drug Lamictal or a generic version from Teva Pharmaceutical Industries Ltd. won certification Wednesday in their antitrust suit alleging a settlement agreement struck between the two drugmakers delayed generic options from entering the market.

  • December 13, 2018

    ITC Will Review Patent Dispute Between Apple, Qualcomm

    The U.S. International Trade Commission will weigh in on an intellectual property dispute between Apple Inc. and Qualcomm Inc. over sales of iPhones found to infringe a Qualcomm patent, agreeing on Wednesday to reconsider whether the telecom giant's asserted patent is obvious and whether an import ban against the iPhones would be appropriate.

  • December 13, 2018

    Airline Seat Trial Jury Quit Too Fast, Sabre Tells 2nd Circ.

    Jurors who awarded US Airways $15 million after finding that trip-planner Sabre Inc. restrained trade by forcing unfavorable contract terms on the airline wanted to go home after an eight-week trial and gave short shrift to a key question about market definition, a lawyer for the losing side told the Second Circuit on Thursday.

  • December 13, 2018

    EU Offers New Info On Getting Access To Antitrust Files

    The European Commission has released two guidances intended to make it easier for companies involved in antitrust proceedings to wade through the process of redacting sensitive documents, suggesting the use of “confidentiality rings” for sharing such information.

  • December 13, 2018

    UK Construction Cos. Admit To Price-Fixing Scheme

    The U.K.’s competition regulator on Thursday said a pair of British construction companies have admitted to engaging in a cartel to fix prices for precast concrete drainage products, with an investigation pending against a third alleged co-conspirator.

  • December 13, 2018

    New Coalition To Push For Sprint-T-Mobile Block At FCC, DOJ

    A newly formed coalition will lobby for the U.S. Department of Justice to challenge the proposed merger of Sprint and T-Mobile and for the Federal Communications Commission to designate it for a hearing before an administrative law judge, which could effectively kill the deal, coalition members announced Thursday.

  • December 12, 2018

    BCBS Must Face Per Se Antitrust Test, 11th Circ. Rules

    Blue Cross Blue Shield insurers must face the per se legal standard that if proven says their behavior in allegedly divvying up geographic markets broke the law regardless of the impact on competition, the Eleventh Circuit said Wednesday.

  • December 12, 2018

    No 'God-Given Right' To Discovery In Antitrust MDL, CDK Says

    CDK Global LLC stood by its refusal to comply with a second discovery request filed in the multidistrict litigation accusing it of conspiring with a rival to monopolize the market for car dealership data, telling an Illinois federal judge Tuesday that the competitors suing it don’t have a “God-given right” to unlimited discovery.

  • December 12, 2018

    Mercedes-Benz Can Remand Antitrust Row Against Shippers

    A New Jersey federal judge Wednesday approved Mercedes-Benz USA LLC’s bid to remand to state court its antitrust suit alleging international shipping companies conspired to fix prices, rejecting their stance that the Shipping Act provided for federal jurisdiction since that statute does not allow such claims to be originally filed in federal court.

  • December 12, 2018

    DOJ Enforcer Denies Politics Played Into AT&T, Warner Case

    The U.S. Justice Department's top antitrust enforcer on Wednesday deflected lawmakers' concerns that White House pressure led to the DOJ's challenge to the tie-up of AT&T and Time Warner, insisting that political influence plays “absolutely” no role in the agency's reviews of megamergers.

  • December 12, 2018

    8th Circ. Won't Revive Express Scripts Breach, Antitrust Suit

    The Eighth Circuit on Wednesday summarily shot down a New York pharmacy’s bid to revive its breach of contract and antitrust suit against Express Scripts Holding Co.

  • December 12, 2018

    1-800 Contacts Asks FTC To Stay Ruling Axing Ad Compacts

    Online retailer 1-800 Contacts Inc. has asked the Federal Trade Commission to stay part of its recent ruling knocking out more than a dozen of the lensmaker’s marketing agreements, saying the decision goes too far and blocks the company from enforcing its own trademarks and keeping up with competitors.

  • December 12, 2018

    FTC May Be 'Too Focused' On Consumer Price: Commissioner

    One of the Federal Trade Commission’s two Democrats argued Wednesday in Washington, D.C., that the agency should not focus all its antitrust scrutiny, including when assessing mergers, based on the effects of market concentration on end consumers.

  • December 12, 2018

    UK Antitrust Watchdog Sets New Investment Adviser Rules

    Britain’s antitrust watchdog said Wednesday that it will introduce reforms to the sector responsible for managing £1.6 trillion ($2 trillion) worth of pensions after it identified problems with competition during an extensive probe.

Expert Analysis

  • Guest Feature

    The Subtle Art Of Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff visits him to learn more.

  • What We Heard At The FTC Hearings: Day 14

    Barry Reingold

    The eighth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed concerns that stock holdings by institutional investors of noncontrolling interests in competing portfolio companies may have anti-competitive effects. Barry Reingold of Perkins Coie LLP offers some key takeaways.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Whistleblowers May Spur More Gov't Contract Antitrust Cases

    David Caputo

    The U.S. Department of Justice's $236 million settlement last month with three South Korean companies was the largest ever for anti-competitive conduct against the U.S. government. A whistleblower’s role as the catalyst for that bid-rigging investigation may be a sign of things to come, say David Caputo and Zachary Arbitman of Youman & Caputo LLC.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Opinion

    DOJ Speech May Leave SEP Implementers In Dire Straits

    cotter.jpg

    I suspect the true audience for the U.S. Department of Justice’s disavowal last week of a 2013 policy statement on standard-essential patents is not the courts but rather the U.S. International Trade Commission, whose discretion to pressure standard implementers to accept onerous licensing terms will be tested in the coming years, says University of Minnesota Law School professor Thomas Cotter.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.