Competition

  • April 17, 2018

    Cox Automotive Fights To Stay In Car Dealer Data MDL

    Cox Automotive Inc., the parent of AutoTrader, Dealer.com and Kelley Blue Book, asked an Illinois federal judge Monday to keep alive its suit accusing CDK Global LLC of conspiring to monopolize access to car sales and service data in auto dealership software, insisting it has sufficiently alleged that vendors and dealers have paid exorbitant prices.

  • April 17, 2018

    Barclays To Pay $29M To Settle Electric Rate Manipulation Suit

    A California irrigation district has settled its putative antitrust class action against Barclays Bank PLC over alleged manipulation of western U.S. electricity prices for $29 million and asked a New York federal court to approve the mediation-facilitated deal.

  • April 17, 2018

    Uber Shuts Down In Philippines Despite Merger Review

    The competition authority for the Philippines said Monday that Uber has shut down its app in the country despite an ongoing review of its deal to sell its Southeast Asia operations to rival ride-hailing service Grab and an order requiring Uber to continue operating until the review is complete.

  • April 17, 2018

    Insurer Seeks Quick Win Over Au Pair Co. In Coverage Suit

    Berkley Assurance Co. on Monday told a Florida federal judge that it deserves an early win on its claims that it doesn't have to indemnify or defend a visa-sponsoring placement service for au pairs that is accused of conspiring with other sponsor agencies to set low pay rates.

  • April 17, 2018

    At Trial Ex-Barclays Euribor Traders Deny Acting Dishonestly

    Lawyers for former Barclays PLC bankers charged with rigging the Euro Interbank Offered Rate told jurors at a London court on Tuesday that their clients did not act dishonestly when they asked for rates that would benefit their trading positions.

  • April 16, 2018

    Why BigLaw’s Partnerships Are Shrinking

    BigLaw’s brass ring has grown more elusive in recent years, Law360 data shows, and experts say a number of potentially market-changing forces may be at work.

  • April 16, 2018

    Dropping Ranks: Andrews Kurth’s Pre-Merger Dip

    Andrews Kurth Kenyon saw a more than 12 percent drop in headcount in the year before its February merger with Hunton & Williams — a story experts expect to become familiar for regional firms in Texas.

  • April 16, 2018

    Dropping Ranks: Lathrop’s Rough Patch

    Lathrop Gage lost more than 15 percent of its attorneys in 2017. Can a new managing partner help bolster its headcount?

  • April 16, 2018

    Dropping Ranks: Stroock’s ‘Shrink To Grow’ Strategy

    De-equitized partners. Contracting offices. Declining headcount. The leaders of Stroock & Stroock & Lavan say it’s all part of the plan — a plan that’s already paying dividends.

  • April 16, 2018

    Ex-UBS Trader's Alleged Spoofing Was Fraud, Jury Hears

    The trial of a former UBS trader accused of spoofing in the precious metals futures market teed off in New Haven federal court on Monday, with federal prosecutors painting him as a fraudster while his attorneys slammed the government’s case as “fool’s gold.”

  • April 16, 2018

    AT&T-Time Warner Expert Defends Turner Arbitration Offer

    Excluding Turner Broadcasting’s offer to arbitrate pricing disputes, and swear off content blackouts, was a “fatal error” by the U.S. Department of Justice’s economist, an expert witness for Time Warner and AT&T said Monday in D.C. federal court, arguing the offer undoes DOJ concerns of increased pay-TV prices from the companies’ merger.

  • April 16, 2018

    Merger Case Can't Be Used To Rule Anthem Facts Undisputed

    An Alabama federal judge on Monday found that the plaintiffs in an antitrust multidistrict litigation against Blue Cross Blue Shield can’t declare facts about Blue Cross subsidiary Anthem undisputed based on the ruling that sunk last year’s $54 million Cigna Corp.-Anthem merger.

  • April 16, 2018

    Employees Sue Knorr, Wabtec After DOJ No-Poach Settlement

    Employees of rail equipment suppliers Knorr-Bremse and Wabtec have filed suit in Pennsylvania federal court over an alleged long-running agreement between the rivals not to poach each other’s workers, after the U.S. Department of Justice reached a settlement with the companies earlier this month.

  • April 16, 2018

    DOJ Wants More Info On $4.9B WestRock-KapStone Deal

    The U.S. Department of Justice has requested additional information regarding WestRock Co.’s proposed $4.9 billion acquisition of fellow packaging and paper materials company KapStone Paper and Packaging Corp., according to a pair of reports the companies filed Monday with the U.S. Securities and Exchange Commission.

  • April 16, 2018

    Fla. Judge Quashes Subpoenas In Venezuela Oil Bribery Suit

    A Florida federal judge on Monday quashed dozens of subpoenas issued by Venezuela’s state-owned oil company against defendants accused of operating a bribery scheme, and also said she would allow limited discovery on the issue of whether the company has standing to pursue its claims.

  • April 16, 2018

    Deals Rumor Mill: Qualcomm, Marriott, Hearthside

    Qualcomm reportedly plans on refiling its bid to get Chinese antitrust approval of its $44 billion proposed takeover of NXP Semiconductors, Marriott Vacations Worldwide might merge with ILG Inc., and Hearthside Food Solutions could be swallowed up by two private equity firms.

  • April 16, 2018

    Kellogg Hansen, Milberg Tadler Lead MDL On Car Dealer Data

    An Illinois federal judge on Monday picked attorneys from Kellogg Hansen Todd Figel & Frederick PLLC and Milberg Tadler Phillips Grossman LLP as co-lead plaintiffs’ counsel in antitrust multidistrict litigation alleging CDK Global LLC and Reynolds & Reynolds Co. monopolized access to car sales and service data in software licensed to auto dealerships.

  • April 16, 2018

    CORRECTED: McSweeny Set To Exit FTC Later This Month

    Terrell McSweeny, a commissioner with the Federal Trade Commission since 2014, said Monday that she will step down from the post later this month as a slate of commissioner nominees awaits confirmation.

  • April 16, 2018

    Traders' Chats Show Plot To Rig Euribor, Prosecutors Tell Jury

    Former Barclays PLC and Deutsche Bank AG traders accused of conspiracy to defraud left their “moral compass” at the door when they took part in an alleged plot to rig benchmark interest rates, prosecutors for Britain’s Serious Fraud Office said at a London court Monday.

  • April 16, 2018

    Retailers Urge UK Appeals Court To Revive Swipe Fee Suits

    Visa and Mastercard squared off against a group of British retailers at the Court of Appeal in London on Monday in a battle over whether the credit card companies set inflated fees that restricted competition in a landmark case that could revive a wave of similar proceedings.

Expert Analysis

  • What To Expect From The 2nd Criminal Spoofing Trial

    Jeffrey Brown

    Andre Flotron's upcoming criminal trial and the corresponding civil complaint demonstrate that regulators have the appetite to bring spoofing cases based largely on patterns observed in trade data. This data may be supplemented by the allegedly incriminating testimony of witnesses, say attorneys with Dechert LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • How Issue-Based ADR Can Streamline Antitrust Cases

    Ronald Ravikoff

    Antitrust cases frequently have secondary and/or collateral issues that take on a life of their own. Using targeted alternative dispute resolution, litigators can resolve these sub-issues while continuing to prepare for trial, say Ronald Ravikoff and Barbara Reeves of JAMS.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • A New Validation Protocol From Poultry Antitrust Cases

    John Tredennick

    Special master Maura Grossman recently issued an order crafting a new validation protocol in the Broiler Chicken Antitrust Litigation. This method is potentially important because it could work for other types of litigation beyond document-intensive litigation, says John Tredennick of Catalyst Repository Systems.

  • Another Court Upholds FERC Theory Of Market 'Gaming'

    David Applebaum

    The Federal Energy Regulatory Commission's market “gaming” theories of manipulation have been controversial and viewed as potentially vulnerable in court. But in the Coaltrain case, an Ohio federal court recently became the second district court to endorse FERC’s expansive view of its authority, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • What To Expect From China's Antitrust Consolidation

    Noah Brumfield

    China is concentrating all antitrust regulation and enforcement in one agency — one of the most significant changes since the Anti-Monopoly Law came into force 10 years ago. The consolidation has the potential for both positive and negative implications, say attorneys with White & Case LLP.

  • Chinese Investment In The US After The Section 301 Report

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    The U.S. Trade Representative recently alleged that China has engaged in theft of trade secrets, cyber intrusions and creation of unfair barriers to entry in China. In response, the Trump administration may be exploring options for executive branch action under the authorities of the International Emergency Economic Powers Act, say attorneys with Morgan Lewis & Bockius LLP.

  • Think Before Sharing Due Diligence Info With A Competitor

    Kathy Osborn

    Guidance posted by the Federal Trade Commission last month confirms that the FTC is just as concerned about how parties negotiate deals as it is about whether those deals are substantively anti-competitive, say attorneys with Faegre Baker Daniels LLP.

  • ITC’s US Steel Decision Unlikely To Have Broad Impact

    David Hickerson

    In a long-awaited decision, the U.S. International Trade Commission ruled this month that a complainant alleging price-fixing as an unfair act under Section 337 must also allege an antitrust injury, as would be required in federal district court. But the decision is unlikely to apply beyond the narrow area of standing in antitrust cases, says David Hickerson of Foley & Lardner LLP.