• March 16, 2018

    India Opens Antitrust Probe Into Honda Motorcycle

    India's competition authority has opened an investigation into allegations that Honda Motorcycle and Scooter abused its dominant market position by imposing anti-competitive terms on dealerships, including tying arrangements and price maintenance agreements.

  • March 16, 2018

    Supervalu Fights Cert. For Boston Grocers In Antitrust MDL

    A group of Boston-area grocers has offered no new evidence to warrant them being given class certification in antitrust multidistrict litigation accusing Supervalu Inc. and C&S Wholesale Grocers Inc. of an agreement not to compete for customers in certain states, Supervalu told a Minnesota federal judge Thursday.

  • March 16, 2018

    Kraft Knocks CFTC Bid To Funnel Depos From Investor Suit

    Kraft Foods Group Inc. on Thursday lambasted the U.S. Commodity Futures Trading Commission's bid for future deposition transcripts from a separate investor suit that similarly alleges that the food conglomerate manipulated the wheat market, saying the request is an attempt to bolster the agency's trial arguments with evidence it failed to collect itself.

  • March 16, 2018

    AT&T-Time Warner Challenge Winds Its Way To Trial

    The U.S. Department of Justice’s challenge to AT&T’s planned purchase of Time Warner heads for a courtroom showdown Monday with opening arguments firing up a day or two in, following a fraught and lively lead-up that last saw the judge scolding the press corps and threatening contempt. Here, an interactive Law360 graphic details the rather peculiar path of this major telecom merger challenge.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    End Legal Monopoly With Antitrust Review, Law Prof Says

    The current system of regulating the legal profession in the United States has created a monopoly that drives prices up and leaves too many people without a lawyer, according to one law professor who suggests that subjecting the sector to federal antitrust law may be the way forward.

  • March 16, 2018

    UK Antitrust Watchdog Taps 2 For Top Roles

    The United Kingdom’s competition watchdog has announced two senior leadership appointments: a new executive director for markets and mergers and a new senior director for consumer protection.

  • March 15, 2018

    LinkedIn Tells 9th Circ. Startup’s Bots Hurt Competition

    LinkedIn asked a Ninth Circuit panel to nix a judge’s order allowing a startup company to keep using bots to scrape data from public profiles on its website, saying at oral arguments Thursday that the decision undermined the “very values of competition and innovation the district court thought it was protecting.”

  • March 15, 2018

    FCC Must Undo AT&T, Verizon Spectrum Sales, Rep. Says

    In a letter Wednesday to FCC Chairman Ajit Pai, a California congresswoman accused the agency of unfairly giving AT&T and Verizon a leg up in the development of next-generation mobile service by approving a pair of multimillion-dollar spectrum license buyouts, calling for the commission to undo its actions. 

  • March 15, 2018

    Sanden's $2.4M Deal With Auto Dealers Gets Judge's 1st OK

    A Michigan federal judge on Thursday granted preliminary approval to auto equipment maker Sanden's $2.4 million settlement with a proposed class of auto dealers who have accused the company of conspiring with other manufacturers to fix prices for vehicle air conditioning systems.

  • March 15, 2018

    Visa, AmEx, Others Duck Cert. In Chip Fraud Risk Suit

    Discover, Visa, MasterCard and American Express have for now thwarted class certification in a suit alleging they colluded to shift fraud risk onto retailers during the U.S. rollout of microchip-enabled credit cards, as a New York federal judge voiced dissatisfaction with “arbitrary” proposed time periods during which the alleged actions occurred.

  • March 15, 2018

    Big Banks Win Dismissal In Indirect Forex Manipulation Suit

    A New York federal judge on Thursday tossed an antitrust suit from small-time forex investors against more than a dozen big banks accused of rigging wholesale foreign exchange markets, ruling that the allegations are too vague.

  • March 15, 2018

    Cigna, Express Scripts To Face Tough Antitrust Review

    Cigna's $67 billion purchase of Express Scripts is set to face rigorous antitrust scrutiny amid a wave of deals integrating insurers and pharmacy benefits managers — especially given the government's recent hard-line stance on another high-profile vertical merger.

  • March 15, 2018

    EU To Decide Fate Of Apple's Shazam Purchase By Late April

    The European Union’s competition watchdog has set an April 23 deadline for a provisional decision on whether to clear Apple Inc.’s $400 million acquisition of music recognition service Shazam Entertainment Ltd., with a final decision due by June 2.

  • March 15, 2018

    Deals Rumor Mill: Alibaba, Bayer, BP

    Alibaba Group Holding Ltd. is reportedly laying the groundwork for a Chinese stock market listing, Department of Justice antitrust officials aren’t satisfied with Bayer’s divestment plans related to its Monsanto takeover, and BP is looking to sell its stake in an Egyptian joint venture.

  • March 15, 2018

    Cable Group Rips Sinclair Station Divestiture Plans As Vague

    Sinclair Broadcast Group Inc. still hasn’t presented enough information for the Federal Communications Commission to adequately weigh station divestiture plans driven by its proposed $3.9 billion acquisition of Tribune Media Co., the American Cable Association said in its latest barrage against the merger.

  • March 15, 2018

    Convicted Trader Appeals To Spare Home From Confiscation

    Former UBS AG trader Tom Hayes on Thursday attempted to overturn a judgment that found the transfer of his seven-bedroom country house to his wife was a sham or tainted gift, as the imprisoned Hayes looks to limit the financial fallout from his Libor rigging conviction.

  • March 15, 2018

    Judge Blasts 'Fake News' In AT&T-Time Warner Row

    A D.C. federal judge on Thursday railed against press reports that the trial contesting AT&T and Time Warner’s merger has been pushed back two days, when in fact only opening arguments have been moved to make way for two days of evidentiary arguments, beginning Monday, March 19.

  • March 15, 2018

    Ex-Deutsche Bank Trader Pleads Guilty To Rigging Euribor

    Ex-Deutsche Bank AG trader Christian Bittar has pled guilty to rigging a key European interest rate benchmark ahead of a trial scheduled for April, Britain’s Serious Fraud Office said Thursday.

  • March 14, 2018

    Tokin, Toshiba Resolve Battery Price-Fixing MDL Claims

    A California federal judge on Wednesday signed off on the stipulated dismissal of TracFone Wireless Inc.’s lithium battery price-fixing allegations against Tokin Corp., representing the latest of several claims to be dropped from the multidistrict litigation, including accusations against Toshiba Corp.

Expert Analysis

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Rebuttal

    Reasoning About The Rule Of Reason

    Randy Gordon

    In his response to my Law360 article, William Kolasky notes “the relative dearth of rule of reason cases that have made it to summary judgment or beyond.” My only point is a consequentialist one: Since the 1970s, more and more cases have migrated from the per se category to the rule of reason category. As a result, plaintiffs (almost) always lose, says Randy Gordon of Crowe & Dunlevy.

  • 9th Circ. Rescues FTC Authority Over Common Carriers

    J.G. Harrington

    The Ninth Circuit's decision last month in Federal Trade Commission v. AT&T Mobility has significant implications for enforcement against telephone, wireless and internet businesses, and for the potential fate of the Federal Communications Commission’s Restoring Internet Freedom Order, say attorneys with Cooley LLP.

  • Rebuttal

    In Defense Of The Antitrust Rule Of Reason

    William Kolasky

    A Law360 guest article this week overlooked the great strides made by the appellate courts over the last four decades in developing a sound analytical framework for applying the rule of reason, says William Kolasky, co-chairman of Hughes Hubbard & Reed LLP's antitrust practice.

  • Is The Antitrust Rule Of Reason Reasonable?

    Randy Gordon

    Most of the commentary surrounding the U.S. Supreme Court American Express case has focused on the standards and analysis to be applied in so-called “two-sided market” cases. But those questions are merely symptoms of a greater malady — the “rule of reason” analysis that has come to govern most antitrust cases, says Randy Gordon of Crowe & Dunlevy.

  • An Economic Analysis Of Proposed AT&T-Time Warner Merger

    Scott Wallsten

    The AT&T-Time Warner merger debate is different from most large mergers only in that politics have entered the discussion in a way that has happened rarely in the past. Despite President Trump's disapproval, the proposed transaction is a textbook vertical merger and should be evaluated as such, says economist Scott Wallsten of the Technology Policy Institute.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • How The CFIUS Calculus Continues To Change

    Stephen Heifetz

    For many years, the Committee on Foreign Investment in the United States has been guided by the “risk delta” — the increase in risk that may result from a transaction determines what CFIUS action is warranted. However, the risk delta analysis is only loosely tethered to law, and the concept has evolved substantially in the last year, say Stephen Heifetz and Joshua Gruenspecht of Wilson Sonsini Goodrich & Rosati PC.