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Competition

  • September 19, 2018

    Becton Can't Avoid Medical Supplies Antitrust Suit, Court Told

    A proposed class of health care providers struck back Tuesday at Becton Dickinson & Co.’s bid to escape their suit accusing the medical supply manufacturer of suppressing competition in the market, saying the providers don’t have to be direct purchasers to bring antitrust claims.

  • September 19, 2018

    Insurer Says Hotel Can't Prove Alleged Conspiracy's Impact

    Attorneys for insurer Highmark Inc. argued Wednesday that a Pennsylvania federal judge should deny certification to a proposed class action because an expert witness for a Pittsburgh-area hotel chain didn't show her methods for linking higher health care premiums to an alleged "truce" between Highmark and a rival.

  • September 19, 2018

    Cyber Lab Claims Symantec, Others Froze Out Its Services

    A software lab accused Symantec Corp. and other cybersecurity firms of conspiring with an independent group to deny business to the lab because their products couldn’t stand up to testing scrutiny, slapping the firms with an antitrust suit in California federal court on Tuesday.

  • September 19, 2018

    Pai Says FCC Still Probing Sinclair's Honesty In Tribune Deal

    Federal Communications Commission Chairman Ajit Pai has told lawmakers that the agency's in-house judge is still reviewing allegations that Sinclair Broadcast Group Inc. was not honest in its attempt to acquire the Tribune Media Co., according to a letter released Wednesday.

  • September 19, 2018

    UK Watchdog To Probe Proposed £7.3B Sainsbury Merger

    The U.K.'s competition watchdog said Wednesday it has referred Sainsbury's planned purchase of Walmart Inc.'s U.K. subsidiary valued at £7.3 billion ($9.36 billion) to a phase 2 investigation, saying the deal raises enough concerns to warrant an in-depth review.

  • September 19, 2018

    EU Clears Luxembourg Of State Aid In McDonald's Tax Deals

    The European Union's competition authority said Wednesday that Luxembourg didn't break state aid rules in its tax treatment of McDonald's, ending a nearly three-year investigation and marking a rare stand-down for Europe's competition czar. 

  • September 18, 2018

    Pac-12 Leader Defends $4.5M Salary At NCAA Antitrust Trial

    Pac-12 commissioner Larry Scott defended his $4.5 million annual salary Tuesday during a landmark antitrust trial over the NCAA's limits on student compensation, while also warning that paying student-athletes would confuse fans and broadcasters about amateur sports and disrupt the makeup of college athletic conferences.

  • September 18, 2018

    Auto Dealers Seek To Approve $115M Price-Fixing Settlement

    A group of auto dealers asked a Michigan federal court Tuesday to approve a $115 million third-round settlement with 23 different auto parts makers, in a suit alleging they conspired to fix prices on auto parts.

  • September 18, 2018

    Apple's Payment Of €14.3B Irish Tax Would End EU Case

    Ireland has fully recovered €14.3 billion ($16.7 billion) in disputed taxes and interest from Apple Inc., the country’s finance minister announced Tuesday, prompting a top European Union official to say the move would end a court case to recoup alleged illegal aid.

  • September 18, 2018

    Utilities Float $11M Antitrust Deal With Chemical Supplier

    A class of public utilities has urged a New Jersey federal judge to approve a $10.7 million settlement with a company accused of rigging bids on a water treatment chemical, arguing the company’s bankruptcy could threaten their ability to recoup losses.

  • September 18, 2018

    CFTC Says Broker To Pay $50M Over ISDAfix-Rigging Claim

    The U.S. Commodity Futures Trading Commission said Tuesday that swaps broker Intercapital Capital Markets LLC will pay $50 million to resolve allegations that, for more than five years, it helped banks manipulate the ISDAfix benchmark to benefit their derivatives positions.

  • September 18, 2018

    DC Circ. Sides With Copyright Board In SoundExchange Suit

    The D.C. Circuit on Tuesday refused to alter a ruling by the Copyright Royalty Board that set how much streaming services like Pandora Radio must pay for music until 2020, rejecting the argument that the board had used improper benchmarks from the private market.

  • September 18, 2018

    Rural Advocates Tout Planned Sprint, T-Mobile 5G Rollout

    The planned $59 billion merger of Sprint and T-Mobile would likely accelerate economic growth in rural regions through the rollout of the telecoms' proposed 5G network, farm state advocates have told the Federal Communications Commission.

  • September 18, 2018

    Ex-Deutsche Traders Rip Libor Fraud Claims As Trial Begins

    Two former Deutsche Bank AG traders on Tuesday urged a Manhattan federal jury to reject accusations of rigging the London Interbank Offered Rate, claiming prosecutors are attempting to hold them to an unfair standard which was nonexistent during the time in question.

  • September 18, 2018

    EU Probes German Automakers For Emissions Collusion

    Europe’s competition watchdog said Tuesday that it has opened an in-depth investigation into allegations that German automakers Volkswagen AG, BMW AG and Daimler AG colluded to limit the development and implementation of certain emissions control systems.

  • September 18, 2018

    WeWork Reaches Deal With NY, Ill. To Curb Noncompetes

    Shared workspace provider WeWork Cos. Inc. has agreed to curtail its use of noncompete agreements, with some workers receiving full releases from agreements they signed and others having the terms of their noncompetes streamlined, the attorneys general of New York and Illinois announced Tuesday.

  • September 18, 2018

    Visa, Mastercard, Banks Ink New Deal In Swipe Fee Row

    Visa, Mastercard and several major banks will shell out up to another $900 million on top of $5.3 billion already paid to resolve a major chunk of an antitrust multidistrict litigation over card-swiping fees, in a New York federal court class action settlement with merchants announced on Tuesday.

  • September 18, 2018

    Banks Want Out Of Mexican Bond Price-Fixing Case

    A crop of major banks and affiliated entities have asked a New York federal court to toss a consolidated case alleging that they conspired to fix the prices of Mexican government bonds, saying the pension funds that brought the suit haven't adequately claimed that the financial institutions had a "conspiratorial agreement."

  • September 17, 2018

    U. Of Wis. Head Says Sports Program At Risk If Athletes Paid

    The University of Wisconsin-Madison could drop its athletics program if it has to start paying student-athletes, the head of the university told a federal judge Monday at a landmark antitrust trial over the NCAA's limits on compensation, while an American Athletic Conference commissioner warned that such payments "would intrude on college sports."

  • September 17, 2018

    Rakoff Hits Cocoa Trader With 2.5 Years For $350M Fraud

    A former executive of bankrupt Transmar Commodity Group Ltd. on Monday was sentenced to two and a half years in prison by U.S. District Judge Jed Rakoff for a “massive” $350 million asset fraud at the family-run cocoa commodity trading company.

Expert Analysis

  • Foreign Investments In German Cos. Face Increased Scrutiny

    Daniel Wiedmann

    Tighter rules for the Committee on Foreign Investment in the United States have been echoed in Germany, and further changes are on the way. Recent developments show that the German government does not shy away from blocking foreign investments, says Daniel Wiedmann of P+P Pöllath + Partners.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • The Potential Reach Of High Court's AmEx Antitrust Analysis

    Barry Reingold

    As lower courts decide whether to apply the U.S. Supreme Court's AmEx decision to other types of two-sided markets, the key question will be whether allegedly anti-competitive conduct on one side of a platform may be credibly constrained by indirect network effects on the other, say Barry Reingold and David Chiappetta of Perkins Coie LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • How Blockchain Use Can Block Competition

    Daniel Fenske

    Given that blockchain technology is still developing and new uses are popping up every day, it is impossible to conceive of every anti-competitive problem that could arise. Daniel Fenske and Justin Steffen of Jenner & Block LLP address two antitrust issues that are readily apparent and can be mitigated.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Rebuttal

    Japan SEP Licensing Guide Also Aims To Prevent Abuse

    Jay Jurata

    In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.