Competition

  • June 26, 2017

    The Biggest Telecom Cases So Far In 2017

    The focus for telecommunications so far this year has mostly been on the newly Republican-led Federal Communications Commission and not courtroom drama, but courts have also already made decisions related to net neutrality and the limits of FCC authority. Here are the top telecom cases so far in 2017.

  • June 26, 2017

    UK Won't Probe IBA-Mallinckrodt Deal Under Revised Rules

    The U.K.’s competition authority on Monday said that it won’t conduct an in-depth investigation of radiopharmaceuticals products maker IBA Molecular’s $690 million purchase of Irish drugmaker Mallinckrodt PLC’s nuclear imaging business, after finding the market too small under newly adopted rules.

  • June 26, 2017

    9th Circ. Stands Behind CAFA Ruling In Visa Antitrust Suit

    The Ninth Circuit on Friday said it would not reconsider its May decision in an antitrust suit against Visa finding that once a suit has been removed to federal court, a proposed class can’t change it to sidestep the Class Action Fairness Act and send it back to state court.

  • June 26, 2017

    Friendly Regs Make UK Top Fintech Adopter, EY Finds

    London is leading the developed world when it comes to consumer adoption of financial technology services, a survey by Ernst & Young revealed on Monday, with the supportive regulatory environment cited as the central factor.

  • June 26, 2017

    Plaintiffs Bar Perspective: Susman Godfrey's Matthew Berry

    Cases are typically decided based on a relatively small number of key issues. It is critical not only to identify those key issues at the outset of the case, but to also plot a strategy for getting them resolved in your favor, says Matthew Berry of Susman Godfrey LLP.

  • June 26, 2017

    9th Circ. Upholds Baseball Antitrust Exemption In Wage Suit

    The Ninth Circuit on Monday rejected a lawsuit by minor league baseball players alleging Major League Baseball colluded to fix minor leaguers’ wages, again upholding a nearly 100-year-old judicially created exemption for the business of baseball from antitrust scrutiny and handing the league a major win.

  • June 26, 2017

    High Court Wants SG's Take On Vitamin C Price-Fix Dispute

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on whether it should hear an appeal of a September Second Circuit decision that wiped out a $147 million judgment in an antitrust class action accusing two Chinese companies of fixing prices on vitamin C.

  • June 26, 2017

    EU OKs €4.8B State Aid To Wind Down 2 Failing Italian Banks

    The European Commission approved on Sunday plans by the Italian government to wind down two struggling banks which had been declared likely to fail after they repeatedly violated capital requirements.

  • June 23, 2017

    8th Circ. Changes Course, Revives Propane Antitrust Dispute

    On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.

  • June 23, 2017

    DOJ Must Show Heir-Tracker Co. Hurt Competition

    A Utah federal judge on Thursday found the government must prove a Utah company that tracks down lost and unknown heirs actually harmed competition with an alleged antitrust conspiracy to allocate customers within the industry.

  • June 23, 2017

    Brazil Antitrust Agency Probes Alleged Medical Supply Cartel

    Brazil's antitrust regulator on Thursday said it has launched two sets of administrative proceedings against several companies, individuals and industry associations for allegedly fixing prices of orthoses, prostheses and special medical supplies.

  • June 23, 2017

    Dell, Hitachi Settle Optical Disc Drive Price-Fixing Claims

    Dell Inc. agreed Thursday to drop its claims against Hitachi Ltd., and Hitachi’s joint venture with LG Electronics Inc., in a suit alleging a conspiracy to fix prices for optical disk drives, which is part of a sprawling antitrust multidistrict litigation in California involving a slew of manufacturers.

  • June 23, 2017

    Sen. Cornyn Readies Bill Broadening CFIUS' Reach

    Sen. John Cornyn, R-Texas, said Thursday he is putting the “final touches” on a bipartisan bill aimed at extending the Committee on Foreign Investment in the United States’ reach to noncontrol and other currently uncovered transactions to stem Chinese investment in critical U.S. technology.

  • June 23, 2017

    Mexico Hits Car Carriers With $32M Antitrust Fine

    Mexican antitrust authorities have sanctioned seven automobile shipping companies the equivalent of $32 million for alleged anti-competitive practices.

  • June 22, 2017

    NJ Gas Stations Can't Dodge Developers' Competition Suit

    A New Jersey federal judge on Thursday trimmed a suit brought by two developers but found they could continue to pursue their claims that a group of gas station companies were attempting to monopolize a local market and blocking their projects, including gasoline pumps, a Wawa convenience store, a Chick-fil-A and a bank.

  • June 22, 2017

    More Than 30 Auto Parts Makers Hit With Antitrust Suits

    A group of companies that own automobile dealerships across the country sued more than 30 auto parts manufacturers in at least a dozen lawsuits filed Wednesday and Thursday as part of the sprawling multidistrict litigation in Michigan federal court over alleged price-fixing in the auto parts industry.

  • June 22, 2017

    2nd Circ. Urged To Put Big Banks Back In ERISA Forex Suit

    A proposed class of retirement plan beneficiaries and others on Thursday asked the Second Circuit to revive claims against Credit Suisse, Deutsche Bank and other banks accusing them of violating the Employee Retirement Income Security Act by foreign exchange market-rigging, saying the banks were ERISA fiduciaries.

  • June 22, 2017

    Fact Issues Keep Claims Alive In $310M Drilling Asset Sale

    A Colorado federal judge on Wednesday decided that there were enough questions of fact to deny summary judgment in a case in which two oil companies are accusing Newfield Production Co. of breaking a confidentiality agreement and antitrust laws in the run-up to an auction for their assets.

  • June 22, 2017

    Senators Want DOJ To Nix $85B AT&T, Time Warner Deal

    A group of Democratic senators led by Sen. Al Franken, along with Independent Sen. Bernie Sanders, in a letter on Wednesday urged the U.S. Department of Justice to take a closer look at AT&T’s proposed $85 billion acquisition of Time Warner, saying the deal will reduce competition and lead to higher prices. 

  • June 22, 2017

    FTC Sues To Halt Merger Of ND Physician Groups

    The Federal Trade Commission on Thursday filed a lawsuit in North Dakota federal court to block the merger of two Bismarck-area health care providers, claiming the deal would violate antitrust laws by reducing competition for an array of services in the area.

Expert Analysis

  • Series

    Leegin's 10-Year Checkup: State RPM Rules Vs. Federal Rule

    Michael Lindsay

    Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.

  • State AGs Responding To Trump Policies: 3 Areas To Watch

    Michael Rossetti

    The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Series

    Leegin's 10-Year Checkup: RPM Rule Breeds Inconsistency

    Melissa Maxman

    The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Latest SEP Developments In China

    Guizhen Han

    China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

  • How Kokesh Will Impact The FTC And Other Agencies

    Benjamin Mundel

    The U.S. Supreme Court's recent decision in the Kokesh case limits not just U.S. Securities and Exchange Commission enforcement actions, but also monetary relief sought by other agencies, like the Federal Trade Commission. A faithful application of this decision should lead to courts rejecting these agencies' long-standing practice of seeking penal monetary relief under their equitable authority, say Benjamin Mundel and Lucas Crosl... (continued)

  • Tips For Securing Antitrust Clearance Around The World

    Rebecca Nelson

    Early attention to the antitrust considerations of a given transaction can go a long way toward promoting the chances of a timely or early clearance. However, promoting a speedy and efficient review in the EU requires different procedures compared to when a U.S. filing is needed, say attorneys with Bryan Cave LLP.

  • 7th Circ. Hospital Ruling Provides Exclusive-Dealing Lessons

    Steven Cernak

    Antitrust courts will take a close look at a series of exclusive agreements entered into by a company with an arguably high market share. However, as shown by the district court and Seventh Circuit decisions in the recent Illinois hospitals case, the evaluation will look beyond the words in the agreement to analyze their effect, if any, on competition and the competitive process, says Steven Cernak of Schiff Hardin LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.