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Competition

  • July 18, 2018

    Buyers Tout $1.8M Settlement In Car Heater Price-Fix Case

    Car dealers have urged a Michigan federal judge to sign off on their $1.87 million settlement with Japanese auto parts maker Tokai Rika Co. Ltd. to resolve claims in multidistrict litigation that the company participated in bid-rigging and price-fixing of heater control panels, saying the deal is fair and avoids the risks of trial.

  • July 18, 2018

    A Chat With Gibson Dunn Diversity Chief Salim-Williams

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about navigating an increasingly competitive business environment. Here we feature Zakiyyah Salim-Williams, chief diversity officer at Gibson Dunn & Crutcher LLP.

  • July 18, 2018

    Mallinckrodt Looks To Exit Investor Suit Over Antitrust Deal

    Mallinckrodt PLC and its top executives said Tuesday that investors knew of the antitrust risk linked to its infant seizure drug Acthar and have relied on "bad math" in accusing it of lying about the drug's dependence on federal revenue, urging a D.C. federal judge to put an end to the investors' suit.

  • July 18, 2018

    FTC Says Fines Force Companies To Rethink Consumer Data

    The Federal Trade Commission told lawmakers on Wednesday that if the public wants to see companies handle their sensitive information diligently, then the agency needs the ability to slap violators with fines and have more freedom to pass rules.

  • July 18, 2018

    Danish Ceiling Tile Execs Must Be Deposed In Antitrust Suit

    A federal judge on Tuesday granted building supply company Armstrong World Industries Inc.’s request to depose two executives of Roxul USA Inc. in its Delaware antitrust suit alleging Armstrong locked out competition through exclusive agreements with distributors.

  • July 18, 2018

    Sinclair Tries Amending Divestitures To Placate FCC

    Sinclair Broadcast Group Inc. said Wednesday morning that it will withdraw three divestitures in its plan to acquire Tribune Media Co., sending two stations to a trust for a post-merger sale and simply adding a third to its portfolio instead of spinning it off.

  • July 18, 2018

    EU Antitrust Chief Denies Bias Against US

    European Union competition decisions are not politically motivated against the U.S., the bloc’s competition commissioner, Margrethe Vestager, told journalists Wednesday.

  • July 18, 2018

    CMA Floats Competition Fixes For £1.6T Pensions Market

    The U.K.'s antitrust watchdog warned Wednesday that it saw a lack of competition within the sector that manages £1.6 trillion ($2 trillion) of pensions, and proposed reforms to the tendering process in an attempt to make the market fairer for trustees.

  • July 18, 2018

    EU Hits Google With Record €4.3B Fine Over Android Abuse

    The European Union’s competition enforcer slapped Google Inc. with a record €4.34 billion ($5.04 billion) fine on Wednesday for abusing the dominance of its Android mobile phone operating system, the second massive penalty levied by the bloc against the U.S. search giant for violating its antitrust rules.

  • July 17, 2018

    'Imaginative' Attys Get $63M Fees In Drywall Price-Fix MDL

    A Pennsylvania federal judge awarded $63 million in fees and another $2.9 million in costs to class counsel for direct purchasers who scored $190 million in settlements with drywall manufacturers in multidistrict litigation over alleged price-fixing, according to an order Monday lauding the "imaginative" attorneys' "outstanding work."

  • July 17, 2018

    Drug Wholesalers Denied Class Cert. In AndroGel Suit

    A Georgia federal judge on Monday denied a bid by a group of drug wholesalers to win class certification in a suit alleging several pharmaceutical companies conspired to delay the entry of generic competitors for testosterone drug AndroGel.

  • July 17, 2018

    Geico Drives Into Multibillion-Dollar Auto Parts Antitrust Row

    Geico Corp. has filed suit in Michigan federal court against more than 70 auto parts companies embroiled in an international antitrust investigation that has yielded billions of dollars in criminal fines, saying it has been overcharged on insurance claims for more than 20 years due to numerous price-fixing conspiracies.

  • July 17, 2018

    US Airways, Sabre Tell 2nd Circ. Amex Decision Favors Them

    US Airways Inc. and travel-planning giant Sabre Holdings Corp. have both told the Second Circuit that the U.S. Supreme Court's recent decision upholding American Express' anti-steering policies on credit cards favors their own positions as Sabre looks to duck a $15 million jury verdict awarded over claims of anti-competitive contract terms.

  • July 17, 2018

    Buyers Slam German Auto Cos.' Bid To Dodge Antitrust MDL

    U.S. auto dealers and consumers told a California federal judge Monday that Audi, Volkswagen, Mercedes-Benz, BMW and Porsche cannot dodge multidistrict litigation alleging they engaged in an antitrust conspiracy on car technology, costs, suppliers and emissions equipment, saying there’s substantial evidence of the decadeslong scheme.

  • July 17, 2018

    Kraft Must Share Expert Reports In Wheat Market Action

    The Illinois federal judge handling a proposed investor class action accusing Kraft Foods Group Inc. of manipulating the wheat futures market ordered the company Tuesday to produce expert reports exchanged in the U.S. Commodity Futures Trading Commission's similar case against it, rejecting Kraft's claim the production would be unfairly harmful.

  • July 16, 2018

    Card Shuffler Co. Denies Having To Show Prior Art At IP Trial

    “It doesn’t matter” that Scientific Games Corp.’s subsidiary didn’t show the U.S. Patent and Trademark Office prior art in patent applications for its Deckmate card shuffler because the prior art was not objected to when it was disclosed in other applications, the company said Monday at the opening of a rival’s antitrust trial against it.

  • July 16, 2018

    3 FCC Hurdles Sinclair-Tribune Deal Will Face If It Survives

    Federal Communications Commission Chairman Ajit Pai essentially ground the proposed Sinclair-Tribune merger to a halt Monday by announcing he will refer it to the agency's administrative law judge for review, charting a rough road for the companies to gain approval for their deal. Here's a look at three challenges the deal will face if it moves forward.

  • July 16, 2018

    AbbVie Protests FTC Interest Hike In AndroGel Case

    AbbVie Inc. has accused the Federal Trade Commission of suddenly hiking the interest rate it and an affiliate must pay on a $448 million penalty over sham patent suits that delayed generic drug rollouts and extended their monopoly on AndroGel.

  • July 16, 2018

    Debevoise Nabs Former FTC Chief Trial Atty From O'Melveny

    Debevoise & Plimpton LLP announced Monday it has bolstered its antitrust practice in Washington, D.C., with the hiring of Edward D. “Ted” Hassi, an antitrust partner who previously served as chief trial counsel for the Federal Trade Commission and comes most recently from O'Melveny & Myers LLP.

  • July 16, 2018

    Executive Order Boosts Fears Of Politically Influenced ALJs

    An executive order signed last week by President Donald Trump eliminating the competitive examination and selection procedures for appointing administrative law judges has heightened concerns that both the ALJ hiring process and decisions made by the judges will be unduly influenced by politics, legal experts said Monday.

Expert Analysis

  • 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.

  • Trends In Securities Cases Based On Antitrust Allegations

    Samuel Groner

    Increasingly, a company’s disclosure of the existence of investigations into allegedly anti-competitive conduct has triggered securities class action litigation. But recent court decisions have made clear that plaintiffs must do more than simply allege the existence of an investigation, say Samuel Groner and Andrew Cashmore of Fried Frank Harris Shriver & Jacobson LLP.

  • What The AbbVie Decision Says About Sham Patent Cases

    Leslie John

    The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.