AT&T Inc.’s bid to have Makan Delrahim, head of the U.S. Department of Justice’s Antitrust Division, testify in the case challenging its planned purchase of Time Warner Inc., could help the company argue that the challenge was politically motivated, but it may not be easy and comes with some risk.
A California federal judge overseeing antitrust claims related to Qualcomm’s patent licensing practices asked attorneys for a putative class of chip buyers to hand over billing records while the case is ongoing, saying that although such records are typically reviewed at litigation’s end, “that is kind of too late” to ensure good-faith billing.
A California federal judge on Wednesday shot down a request by the federal government and Elna Co. Ltd., deemed a small player in a capacitor price-fixing scheme, to take criminal restitution off the table, saying direct purchaser victims had a payment priority and Elna had not demonstrated inability to pay.
Endo has reached a settlement with the remaining plaintiffs in an antitrust lawsuit over the Lidoderm pain patch on the eve of jury selection for an upcoming trial, court records show, an effort to end the case after a California federal judge refused to enter judgment in its favor.
Qualcomm Inc. slammed the Federal Trade Commission’s request to have a special master appointed in an antitrust suit over the company’s licensing practices for standard-essential patents on Wednesday, telling a California federal judge that such a move would only complicate discovery proceedings set to close next month.
The United Kingdom’s competition watchdog is eyeing a leading global enforcement role and greater ownership over U.K.-related mergers and cartel allegations after Britain leaves the European Union, the agency’s general counsel said in a London speech Thursday.
A group of North Carolina chicken growers slapped Koch Foods and other major chicken companies with a putative class action Wednesday, alleging the companies reached a “no-poaching” agreement and shared data to suppress farmers’ compensation.
An au pair company shouldn’t be allowed to arbitrate individual class members’ claims, au pairs told the Tenth Circuit, saying that the district court judge was right to find arbitration clauses in their contracts unenforceable.
Pipeline giant TransCanada Corp.’s U.S. natural gas storage unit urged a D.C. Circuit panel Thursday to allow it to charge market-based rates, asserting in oral arguments that the Federal Energy Regulatory Commission wrongly denied it the right to charge those rates while permitting others in the same market to do so.
An AIG unit can’t dodge coverage just yet for the $67 million bill medical technology company Becton Dickinson & Co. racked up settling two antitrust suits, a New Jersey federal court said Tuesday, ruling it’s unclear whether the policies at issue cover “unfair competition.”
Federal Communications Commission Chairman Ajit Pai recently refused to recuse himself from the agency’s review of Sinclair Broadcasting Group Inc.’s $3.9 billion acquisition of Tribune Media Co., after a Democratic lawmaker cast doubts about his impartiality.
The Michigan Automobile Dealers Association asked a federal judge Tuesday to shut down Tesla's bid to force the group to hand over documents about its lobbying efforts supporting a 2014 state ban on car manufacturers selling vehicles directly to consumers, saying Tesla’s demands are full of smoke.
A proposed class urged a Florida federal judge Wednesday to approve its $3 million deal with CooperVision Inc., which would end claims that the contact lens-maker engaged in price-fixing of disposable lenses.
The Competitive Carriers Association on Tuesday urged the Federal Communications Commission to nix a $3 billion deal that would transfer high-end spectrum critical for use by next-generation wireless services to Verizon, saying the spectrum should be auctioned off to the highest bidder.
The U.S. government, public interest groups and others urged the U.S. Supreme Court on Tuesday not to let an Arizona utility immediately challenge a lower court's finding that it’s not immune from an antitrust suit brought by a subsidiary of Tesla Inc.
A Missouri federal judge on Wednesday dismissed a New York pharmacy’s antitrust and breach of contract suit accusing Express Scripts Inc. of baiting it into a mail-order contract only to drop the deal months later, finding the relationship between the two was limited to retail-pharmacy business.
The U.K.'s antitrust watchdog said Wednesday it planned to release its initial conclusions on the state of competition among investment consultants in July after deciding to continue to focus mainly on services aimed at pension schemes.
Huawei Technologies Co. on Tuesday slammed Samsung's bid to block an injunction issued in China last month barring the South Korean company from selling smartphones that infringe two Huawei patents, calling Samsung's request to a California federal judge “extraordinary.”
A Kentucky federal judge has tossed a doctor’s constitutional challenge to the authority of the state’s medical licensing board over his temporary suspension based on initial findings that he was “impaired” on the job.
Data company 3taps told a California federal court Tuesday that its suit seeking clearance to scrape data from LinkedIn’s public profiles should not be related to a previously decided matter involving Craigslist, saying its action should instead be related to another pending suit against the professional networking site.
U.S. Department of Justice antitrust division chief Makan Delrahim argued in a speech Wednesday at the College of Europe in Bruges, Belgium, for a closing of the enforcement policy gap between U.S. and European authorities on matters of intellectual property and treatment of “unilateral conduct” by individual companies.
While repeal of the Robinson-Patman Act has been requested for decades and government enforcement has been virtually nonexistent, a recent spate of private litigation highlights the legal risk associated with volume-based pricing strategies, say attorneys with K&L Gates LLP.
A Utah federal judge who dismissed the indictment against heir-locator Kemp & Associates as time-barred was grasping at straws to avoid application of the payments theory, say former federal prosecutors Robert Connolly and Karen Sharp.
Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.
Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.
Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.
There has been a flurry of antitrust challenges of nonreportable transactions under President Donald Trump, more than doubling the annual rate of such challenges during the last four years of the Obama administration. It is easy to see that not reportable does not mean not reviewable, say Gregory Heltzer and Lisa Peterson of McDermott Will & Emery LLP.
Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.
As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.
The environment for foreign investment in the United States is shifting. Most recently, the Chinese acquisition of MoneyGram was derailed after the Committee on Foreign Investment in the United States rejected proposals offered to try to mitigate national security concerns. At the same time, U.S. legislation to enhance CFIUS controls seems to be gaining momentum, say attorneys with Arnold & Porter.
In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed. But the question of how the judiciary might conform to Burt’s expectations raises practical problems, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit.