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Competition

  • March 19, 2019

    Banks Fight Credit Union Agency's Bid To Exit Libor Suits

    Bank of America and JPMorgan Chase Co. told a New York federal judge that the National Credit Union Administration can’t escape an investor class bringing antitrust actions over alleged rigging of a key lending benchmark, saying the deadline to opt out passed months ago.

  • March 19, 2019

    Fast-Food Chains Settle In DOJ, Wash. AG No-Poach Battle

    The U.S. Department of Justice may have to find another forum to argue how courts should handle antitrust lawsuits against franchise-based no-poach agreements after a federal judge in Washington state disclosed a settlement between three fast-food chains and former workers.

  • March 19, 2019

    Top House Antitrust Dem Calls For Facebook Probe

    The head of the House antitrust subcommittee on Tuesday called for the Federal Trade Commission to investigate Facebook over allegations that it has abused a monopoly position to undermine competition.

  • March 19, 2019

    Nexstar-Tribune Will Make 'Broadcast Colossus,' FCC Told

    Cable provider Frontier Communications Corp., satellite programmer Dish Network Corp. and a handful of advocacy groups have filed petitions asking the Federal Communications Commission to halt the proposed Nexstar-Tribune broadcast merger, saying it will ratchet up programming prices and birth a "broadcast colossus."

  • March 19, 2019

    UK's May Will Ask EU For Brexit Delay After Key Vote Blocked

    British Prime Minister Theresa May will ask the European Union to delay the U.K.'s scheduled March 29 departure from the EU after a planned third vote on her negotiated Brexit deal was blocked by the parliamentary speaker, a government spokesman said Tuesday.

  • March 19, 2019

    EU’s Reproach Of Italian Bank Aid Quashed By Court

    The European Union's General Court on Tuesday overturned a European Commission finding that Italy provided anti-competitive state aid to a struggling bank, ruling that the rescue measures were legal since they were provided independently of the Italian government.

  • March 18, 2019

    AbbVie Faces 1st Antitrust Suit Over Humira 'Patent Thicket'

    AbbVie Inc.'s colossal "patent thicket" for its $20-billion-per-year immunosuppressant Humira has empowered it to block less-expensive biosimilars in violation of numerous antitrust laws, according to a first-of-its-kind suit launched Monday.

  • March 18, 2019

    Qualcomm Can't Shake Investor Suit Over Licensing Battles

    Qualcomm Inc. lost its bid Monday to shut down investors’ claims that the chipmaker and its top officials lied about the company’s anti-competitive licensing practices that ultimately sparked an enforcement action, tanked the company’s stock price and cost shareholders billions.

  • March 18, 2019

    Qualcomm, Others Back DOJ Nixing Of Obama Patent Policy

    The U.S. Department of Justice’s move to reject an Obama-era standard-essential patent policy could spur technology growth by helping innovators, several major companies told the heads of the Commerce Department and U.S. Patent and Trademark Office on Monday.

  • March 18, 2019

    Hospitals Agree To Settle Antitrust Suit With Washington AG

    A nonprofit hospital chain and affiliated doctors’ clinic have reached a settlement plan with the Washington attorney general in an antitrust suit accusing them of carrying out anti-competitive deals affecting medical care in the Puget Sound region.

  • March 18, 2019

    Rate-Swap Antitrust MDL Claims Can't Pre-Date Dodd-Frank

    Full implementation of Dodd-Frank financial reforms remains the dividing line between permitted and barred claims in sprawling multidistrict litigation against 11 megabanks that allegedly colluded to control the interest rate swaps market, after a New York federal judge again refused last week to allow pre-2013 claims.

  • March 18, 2019

    As Judicial Ranks Stagnate, 'Desperation' Hits The Bench

    Litigation’s languishing, judges are burned out and attorneys are avoiding federal courts. While filings have increased 38 percent since 1990, the bench has grown by only 4 percent, thanks to congressional gridlock. How is the legal system coping? (This article is part of a series on the lack of new judgeships in the federal judiciary).

  • March 18, 2019

    These Are The Nation's 27 Most Overworked District Courts

    The Judicial Conference of the United States has recommended Congress add 73 permanent federal district judgeships to 27 districts in 18 states. They include courts with high caseloads, stopgap judgeship positions and yearslong vacancies. (This article is part of a series on the lack of new judgeships in the federal judiciary).

  • March 18, 2019

    Golf Co. Won't Get Mulligan In Suit Over Ball-Tracking Tech

    The U.S. Supreme Court on Monday declined to review a suit by a high-tech golf range startup that accused rival Topgolf International Inc. of squeezing it out of the market by buying a tech company that provided software for its business.

  • March 18, 2019

    Don't DQ Quinn Emanuel In Uber Case, Defunct Rival Says

    A defunct ride-hailing startup accusing Uber of having driven it out of business asked a California federal court on Friday to let it keep Quinn Emanuel Urquhart & Sullivan LLP as counsel, saying the firm's previous work counseling Uber in cases related to taxi regulations has nothing to do with the current antitrust case.

  • March 18, 2019

    3rd Circ. To Hear Class Cert. Appeal In Lamictal Case

    The Third Circuit on Monday agreed to hear an appeal from GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. as they look to nix a class certification for buyers accusing the drugmakers of delaying generic alternatives to the mood stabilizer Lamictal.

  • March 18, 2019

    Fla. Oncologists Hit Cancer Centers With Antitrust Suit

    A group of oncologists have hit a cancer treatment company with an antitrust suit in Florida federal court that claims the company forces doctors to sign illegal noncompete agreements and holds a monopoly over oncology and radiation services in three counties around Fort Myers, Florida.

  • March 18, 2019

    Justices Won't Take Up Multicity Airfare Price-Fixing Case

    The U.S. Supreme Court has declined to review a Ninth Circuit decision that shut down a suit brought by a group of travel agents and consumers alleging airlines American, Delta and United and an airfare publisher fixed prices on multicity flights.

  • March 18, 2019

    Sinclair License Reckoning Still On Horizon, FCC Dems Say

    Sinclair Broadcast Group Inc. may yet face a reckoning for allegedly making misleading statements about its now-scrapped merger plans with Tribune Media Co., Democratic members of the Federal Communications Commission said recently.

  • March 18, 2019

    Card Shuffler Maker Dealt Another $100M Antitrust Suit

    Las Vegas-based Scientific Games Corp. is facing another $100 million antitrust action accusing it of using sham patent suits to corner the automatic card shuffling market, which hit the docket just a few months after the gaming tech company cut a $151 million deal to wrap up a competitor's mirror allegations.

Expert Analysis

  • 4 Key Issues In Rent-A-Center Case And A $127M Question

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    The Delaware Chancery Court's decision last week in Vintage v. Rent-A-Center is a stark reminder that courts will enforce the terms of a merger agreement as written. The issue to watch is whether Rent-A-Center will be entitled to the reverse termination fee, say attorneys at Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    US Antitrust Law Supports An FTC Win Against Qualcomm

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    Though general propositions of antitrust appear to pose serious threats to the Federal Trade Commission's case against Qualcomm in the Northern District of California, a closer look shows how Qualcomm's use of its patents has distorted the competitive process, says Thomas Cotter of the University of Minnesota Law School.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • If There, Then Here: How Gov't Probes Help Antitrust Plaintiffs

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    Private plaintiffs seeking to bolster their price-fixing complaints by citing government investigations or guilty pleas concerning different markets should consider instructive decisions from the Auto Parts, Generic Drugs, and SRAM and Flash Memory litigations, say William Reiss and Dave Rochelson of Robins Kaplan LLP.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Debating DOJ And Wash. Attorney General No-Poach Briefs

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    The U.S. Department of Justice and the Washington state Attorney General’s Office have filed amicus briefs in three class actions challenging several fast-food restaurant chains' "no-poach" agreements. Jon Jacobs and Thomas Boeder of Perkins Coie LLP, alumni of these two organizations, explain the extent to which the two briefs conflict.

  • Opinion

    March Madness: The NCAA's Tax Exemption

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    With last week's California federal court decision in NCAA Grant-in-Aid Cap Antitrust Litigation, it is clear that the NCAA is a multibillion-dollar entertainment business and does not deserve to be tax-exempt, says Ronald Katz of GCA Law Partners LLP.

  • Ethical Social Media Marketing For Lawyers

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    Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.

  • Considering The 'Indirect Purchaser' Rule's Potential Demise

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    Recent U.S. Supreme Court oral arguments in Apple v. Pepper have raised speculation that the “indirect purchaser” rule — a long-standing antitrust defense — will be narrowed or eliminated. Defendants seeking an alternative strategy should look toward what might be called the “direct participant” rule, says Jakob Sebrow of Richards Kibbe & Orbe LLP.

  • Q&A

    A Chat With Norton Rose Diversity Director Nina Godiwalla

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    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Nina Godiwalla, director of diversity and inclusion at Norton Rose Fulbright.