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Competition

  • July 13, 2018

    Arista Says Cisco Cost It $160M As Antitrust Trial Nears

    Just weeks before trial in Arista Networks Inc.’s antitrust suit against Cisco Systems Inc., the parties squared off Friday in California federal court over Arista's bid to introduce expert testimony that it lost about $160 million after Cisco asserted copyright violations to block sales of competing ethernet switches.

  • July 13, 2018

    Tronox, Cristal Fight FTC's Court Bid To Pause $2.4B Deal

    Tronox Ltd. has urged a D.C. federal court to reject the Federal Trade Commission’s bid to pause the company’s $2.4 billion purchase of Saudi-owned chemical mining company Cristal, saying the agency is trying to block the deal by running out the clock through a lengthy administrative proceeding.

  • July 13, 2018

    Kavanaugh's Nomination Could Be A Win For Big Telecom

    As a D.C. Circuit judge for the last 12 years, U.S. Supreme Court nominee Brett Kavanaugh has a well-defined record on telecom issues that has benefited large internet service providers and cable companies when faced with complaints that they have harmed competition and when they face zealous regulators.

  • July 13, 2018

    Qualcomm Says Buyers Have No Say In IPhone Import Row

    Smartphone consumers pursuing antitrust multidistrict litigation over Qualcomm’s patent licensing practices can’t block the chipmaker from trying to force Apple to only import iPhones with Qualcomm chipsets, Qualcomm told a California federal judge Thursday, arguing the import matter is totally unrelated.

  • July 13, 2018

    FTC Wants To Keep Fighting Opana Pay-For-Delay Deal

    The Federal Trade Commission has sought to revive allegations of a pay-for-delay scheme between Endo Pharmaceuticals and generic-drug maker Impax to stall the launch of a generic for opioid medication Opana ER, saying an administrative law judge erred in finding the pro-competitive benefits of the deal outweighed its competitive harms.

  • July 13, 2018

    FCC Hears Roar Of Opposition To Sinclair-Tribune Merger

    The Federal Communications Commission received a flood of comments on the proposed $3.9 billion Sinclair-Tribune merger Thursday, the last day for the public to weigh in on the latest proposal, with the vast majority of commenters opposing the deal.

  • July 13, 2018

    Bloomberg Says UBS Misused Proprietary Data

    Bloomberg Finance LP hit UBS AG with a suit in New York federal court Thursday accusing the bank of violating an agreement that bars it from redistributing proprietary data through its portfolio analysis and risk management software.

  • July 13, 2018

    Ortho's $19.5M Deal Ending Antitrust MDL Gets Initial OK

    A Pennsylvania federal judge on Thursday greenlighted Ortho-Clinical Diagnostics Inc.'s $19.5 million deal to resolve allegations in multidistrict litigation that the former Johnson & Johnson unit conspired with another company to fix prices on the reagents used in blood tests.

  • July 13, 2018

    UK Takeover Regulator Lifts Sky's Bid Floor For Disney

    The U.K.'s takeover regulator on Friday said that if the bidding wars over Sky PLC and 21st Century Fox's assets play out in a way that requires The Walt Disney Co. to bid on the British telecom giant, the California media behemoth cannot offer any less than £14 ($18.50) per Sky share.

  • July 13, 2018

    Class Counsel Get $6.9M In Libor Rigging Suit

    A New York federal judge has awarded $6.9 million to class counsel in investor litigation against the Bank of Tokyo-Mitsubishi UFJ Ltd. and Mitsubishi UFJ Trust and Banking Corp. for allegedly rigging the Libor, finding that a $30 million settlement was netted with "skill, perseverance and diligent advocacy." 

  • July 12, 2018

    States Back La. Real Estate Board's Appeal In FTC Action

    The states of Mississippi, Idaho, Iowa, Rhode Island and Utah urged the Fifth Circuit on Wednesday to allow the Louisiana Real Estate Appraisers Board to appeal the denial of its state-action immunity by the Federal Trade Commission in an antitrust action.

  • July 12, 2018

    Cattle Co. Gets $115K In Attys' Fees In Koch Ranch Row

    A Texas federal judge on Thursday, in what he called a “complex and contentious case,” awarded another $115,000 in attorneys’ fees to Texas-based HeartBrand Beef Inc. in its long-running dispute with a ranch owned by billionaire Bill Koch over who had the rights to sell the company’s specialty Japanese cattle.

  • July 12, 2018

    Deals Rumor Mill: La Poste, CVS-Aetna, Linde-Praxair

    La Poste reportedly wants to buy a stake in CNP Assurances, CVS and Aetna could move forward with their deal without antitrust regulators’ intervention, and the European Commission is set to approve Linde and Praxair’s deal to create an industrial gas giant.

  • July 12, 2018

    Ruling 'Fatal' For Objection To $2B Forex Deal, Court Told

    A Second Circuit refusal to revive retirement plan participants' claims accusing banks like Credit Suisse and Deutsche Bank of violating the Employee Retirement Income Security Act by rigging foreign exchange benchmarks fatally undermines an objection by those same plan participants to a $2.3 billion settlement with investors, the investors said.

  • July 12, 2018

    7 Fast-Food Chains End No-Poach Clauses That Bind Workers

    Seven major fast-food chains including Carl’s Jr., Buffalo Wild Wings and McDonald's have agreed to end the practice of preventing their employees from moving among franchise locations through the use of so-called no-poach clauses, under a deal announced Thursday by Washington State Attorney General Bob Ferguson’s office.

  • July 12, 2018

    DOJ Takes AT&T-Time Warner Merger Appeal To DC Circ.

    The U.S. Department of Justice announced Thursday that it would be appealing to the D.C. Circuit after its antitrust challenge to AT&T Inc.’s $85.4 billion purchase of Time Warner Inc. was resoundingly rejected by a district court judge last month.

  • July 12, 2018

    Cotton Cos. Win Confirmation Of $8.9M Arbitration Award

    A California federal judge has affirmed an $8.9 million arbitration award secured by two U.S. cotton companies against an Indian yarn spinner that unsuccessfully lodged competition claims against them, shooting down the foreign company's claims that the matter shouldn't have been sent to arbitration in the first place.

  • July 12, 2018

    German Regulator Slaps Steel Cos. With $239M Cartel Fine

    Germany's antitrust enforcer announced Thursday that it had fined a number of steel companies and a trade association €205 million ($239.5 million) for fixing the prices of certain steel products for more than a decade and causing higher costs that were passed down to consumers.

  • July 12, 2018

    Skin Subspecialty Board Will Limit Cancer Surgery, MDs Say

    Three dermatologists filed a putative antitrust class suit Wednesday in Florida accusing the American Board of Medical Specialties Inc. and the American Board of Dermatology Inc. of attempting to artificially limit the number of doctors who can perform a common skin cancer procedure by creating a subspecialty board.

  • July 12, 2018

    Linde, Praxair Discuss Gas Assets Sale As Part Of $70B Deal

    German gas company Linde AG said Thursday that it's in advanced talks with its merger partner Praxair Inc. to sell off assets in North and South America in order to win over European antitrust regulators to their plan to create an industrial gas giant worth $70 billion. 

Expert Analysis

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • 5 Global Merger Control Developments You Need To Know

    Jason Cruise

    Merger news from the first half of 2018 reflects a global trend toward alignment of enforcement on the national level and on the regional level, say attorneys with Latham & Watkins LLP.

  • 2 Takeaways From The AT&T-Time Warner Ruling

    Nathaniel Wackman

    A D.C. federal judge's decision last month in United States v. AT&T contains important insights that will be influential well beyond the confines of the now-completed $85 billion merger between AT&T and Time Warner, say Nathaniel Wackman and Lee Van Voorhis of Jenner & Block LLP.