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Competition

  • December 18, 2018

    Big Four Face Major Audit Shake-Up In Watchdog's Reforms

    The U.K.’s antitrust enforcer proposed radical new laws on Tuesday to break auditing services away from consultancy work at the Big Four global accounting companies, in a drive to tackle "deep-seated problems" and concerns about conflicts of interest.

  • December 17, 2018

    Ex-SocGen Exec In Libor-Rigging Row Disputes Fugitive Label

    Attorneys for a former Société Générale SA executive accused of falsifying the Paris bank's submissions to the London Interbank Offered Rate argued Monday that living in France doesn't make their client a fugitive and urged a New York judge to consider the case's constitutionality.

  • December 17, 2018

    NYC Art Museums Antitrust Suit Lacks Specifics, Judge Says

    A Manhattan federal judge expressed frustration at arguments on Monday with a proposed class action brought by an artist who claims New York's top museums are conspiring with a handful of art galleries to prevent artists like himself from gaining traction, expressing doubt that the claims crossed the line from possible to plausible.

  • December 17, 2018

    FTC Judge Upholds Challenge Of $2.4B Titanium Dioxide Deal

    The Federal Trade Commission said Monday that its in-house judge has upheld the agency’s allegations that Tronox Ltd.’s planned $2.4 billion deal with chemical mining and processing company Cristal would hurt competition for a type of the white pigment titanium dioxide and should be blocked.

  • December 17, 2018

    DOJ Pushes Per Se Test In Heir Locator Antitrust Case

    The U.S. Justice Department has urged a Utah federal judge to rethink forcing prosecutors to pursue a case against a Utah heir-locating business under a tougher evidence standard than is typical for criminal antitrust cases.

  • December 17, 2018

    Movie Studios Want VidAngel's Fair Use Defense Knocked Out

    Disney and a half dozen other movie studios have relaunched their bid to have a California federal court rule that family friendly streaming service VidAngel can’t dodge liability for copyright infringement under a fair use defense.

  • December 17, 2018

    Don't Blame DOJ For Concentration: Antitrust Enforcer

    A top U.S. Justice Department official on Friday defended the Antitrust Division's efforts to ensure markets stay competitive, saying many factors in the rapidly evolving economy could lead to industry concentration in the media and telecom sectors.

  • December 17, 2018

    $11.5M Deal OK'd To Cut Mushroom Co. From Antitrust MDL

    A Pennsylvania federal judge on Monday signed off on an $11.5 million deal to end class claims against Giorgio Foods Inc. in a long-running multidistrict litigation program over alleged efforts by the company and a host of other entities to fix the price of mushrooms.

  • December 17, 2018

    May Schedules New Vote On Brexit Deal For January

    U.K. Prime Minister Theresa May said Monday she will ask Parliament to vote on her Brexit plan early next month, just days after European negotiators said they won't rework the withdrawal agreement amid widespread opposition from British lawmakers. 

  • December 17, 2018

    Romanian Petrochem Co. Must Repay €335M In State Aid

    The European Commission announced Monday that a Romanian petrochemical company must repay nearly €335 million ($380 million) of state aid it received from Romania after the company's failed privatization in 2012, saying the contributions gave it an unfair boost over its competitors.

  • December 17, 2018

    EU Fines Guess €40M For Blocking Cross-Border Sales

    Europe’s competition enforcer on Monday hit clothing designer Guess Inc. with a €39.9 million ($45.3 million) fine for using restrictions that prevented retailers from selling and advertising its products across borders, saying the practice resulted in higher prices in certain member countries.

  • December 17, 2018

    Boeing Values Embraer Unit At $5.25B In Sweetened JV Deal

    The Boeing Co. and Embraer SA on Monday said they approved the terms of a joint venture that will manage the Brazilian plane maker's commercial aircraft and services operations, which are now valued at roughly $5.25 billion.  

  • December 17, 2018

    DOJ Asks For Info On Quad/Graphics' $1.4B Deal For LSC

    Printing and marketing solutions firm Quad/Graphics Inc. said on Friday that the U.S. Department of Justice has asked for additional information in regard to its $1.4 billion merger with fellow print and digital media provider LSC Communications Inc.

  • December 17, 2018

    Scientific Games To Pay Shuffle Tech $151M In Post-Trial Deal

    About four months after getting dealt a $105 million verdict with trebled damages, Scientific Games Corp. has agreed to pay Shuffle Tech LLC $151 million to settle claims it used sham patent litigation to keep control of the automatic card shuffler market.

  • December 17, 2018

    EU Renews Rules On Credit Insurance For Greek Exports

    The European Commission said on Monday that the EU’s member states will be allowed to provide insurance to cover exports going to Greece until the end of 2019, as coverage safeguarding these products is currently not available through insurers in the private market.

  • December 14, 2018

    Comcast Wants 7th Circ. To Pull Plug On Ad Sales Appeal

    Comcast Corp. has urged the Seventh Circuit not to revive a $75 million suit alleging the company illegally monopolized the market for local television advertising, arguing that it’s only being accused of choosing not to deal with a competitor, which it said is not illegal, according to a redacted brief filed Friday.

  • December 14, 2018

    EpiPen MDL Attys Scolded For 'Mindless Bickering'

    A Kansas federal judge on Friday dressed down attorneys in multidistrict litigation over EpiPen price hikes for engaging in “mindless bickering” during a high-stakes deposition of Mylan NV’s chief executive officer.

  • December 14, 2018

    Gray, Raycom Must Divest TV Stations Before $3B Merger

    The U.S. Department of Justice announced Friday that it will require Gray Television Inc. and Raycom Media Inc. to divest broadcast television stations in nine markets as a condition of resolving its challenge to the proposed $3.65 billion merger between the media companies.

  • December 14, 2018

    ‘No Need’ To Delay CVS-Aetna Merger, DOJ Says After Rebuke

    The U.S. Department of Justice urged a D.C. federal judge Friday not to keep CVS and Aetna apart while reviewing a proposed merger settlement the judge had blasted as having been pushed through without adequate judicial scrutiny, arguing that a delay is unnecessary and beyond the court’s authority.

  • December 14, 2018

    The Biggest Telecom Cases Of 2018

    2018 was an action-packed year for telecom-related litigation that included a closely watched appeal of the government's rollback of net neutrality, fallout over the failed Sinclair-Tribune megamerger and a contentious trial over AT&T’s bid to acquire Time Warner. Here, Law360 reviews those and other high-profile cases from the past 12 months and outlines what they mean for the telecom industry’s legal landscape.

Expert Analysis

  • Opinion

    DOJ Speech May Leave SEP Implementers In Dire Straits

    cotter.jpg

    I suspect the true audience for the U.S. Department of Justice’s disavowal last week of a 2013 policy statement on standard-essential patents is not the courts but rather the U.S. International Trade Commission, whose discretion to pressure standard implementers to accept onerous licensing terms will be tested in the coming years, says University of Minnesota Law School professor Thomas Cotter.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • The 'No Reasonable Juror' Rule And Antitrust Class Actions

    Lawrence Moore

    Many courts and commentaries see no role for the Tyson “no reasonable juror” standard in the consideration of expert evidence supporting class certification in antitrust cases. However, in at least five decisions, district courts have applied it, says Lawrence Moore of Robinson Bradshaw & Hinson PA.

  • What We Heard At The FTC Hearings: Days 12 And 13

    Janis Kestenbaum

    The seventh hearing in the Federal Trade Commission’s series on competition in the 21st century addressed artificial intelligence and algorithmic decision-making. Attorneys with Perkins Coie LLP offer some key takeaways.

  • And Now A Word From The Panel: It's Not Just MDLs

    Alan Rothman

    The Judicial Panel on Multidistrict Litigation is best known for its handling of MDLs, but it has another important role. When challenges to federal agency action are made in multiple courts of appeal, the panel is responsible for consolidating them into a single circuit, says Alan Rothman of Arnold & Porter.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.