Antitrust legal eyes are glued to the first U.S. Department of Justice court challenge to a purely vertical merger since the 1970s, a deal AT&T and Time Warner say they need just to stay competitive but which the government says will drive up consumers' TV bills by hundreds of millions of dollars. Here, Law360 looks at how we got here, the key issues to watch and the highlights of the trial so far.
The European Court of Justice should kick Infineon Technologies’ €83 million fine for participating in a technology cartel that included Samsung and Philips back to a lower court to consider the full extent of Infineon's role in the anti-competitive scheme, an advocate general recommended Thursday.
A Manhattan federal judge dismissed the latest version of a suit against dozens of banks over an alleged conspiracy to manipulate the Singapore Interbank Offered Rate on Thursday, telling the plaintiffs to try again but to include specific details and clearly explain why they can sue.
Corporate legal departments were caught off guard by the U.S. Department of Justice’s 2016 guidance signalling that the agency would criminally prosecute certain employment-related agreements between companies, and a panel of in-house leaders said Thursday they’re waiting for further developments in the space.
The United Kingdom’s takeovers watchdog said Thursday that Disney must offer to buy broadcaster Sky PLC after clinching its deal to buy 21st Century Fox if Fox’s own $14.6 billion deal for Sky falls through.
State enforcers have played an important role in policing the pharmaceutical industry and prescription drug prices in particular, and their work in the area continues to expand, officials said during an event in Washington, D.C. on Thursday.
A senior U.S. Department of Justice official warned Thursday that companies involved in deals where the core problem is that the prospective partners compete aggressively to create new products and technology may find it impossible to come up with antitrust fixes that will satisfy government enforcers.
The time and cost involved in switching fiduciary managers could be hindering the ability of pension trustees to assess "value for money” for their clients, the U.K.’s Competition and Markets Authority said in a report Thursday.
Two former Barclays PLC bankers accused of taking part in a plot to rig benchmark interest rates joked with each other about submitting fake Euribor rates to benefit traders whose profits were linked to the level of the benchmark, a prosecutor told a London court on Thursday.
The D.C. federal judge overseeing the U.S. Department of Justice antitrust challenge to the AT&T-Time Warner merger asked the government’s key expert pointed questions Wednesday on his assumptions that AT&T would influence Time Warner content negotiations, citing defense arguments that those negotiations are conducted independently.
The Federal Trade Commission on Wednesday appealed its stinging loss to Shire ViroPharma Inc. in a landmark case that alleges abuse of the U.S. Food and Drug Administration’s citizen petition process to delay competition from generic drugs.
U.S. Department of Justice antitrust chief Makan Delrahim on Wednesday continued to press his worry that patent holders could be victims of antitrust violations — not just perpetrators as they are often accused of being — but he also tried to quell concerns that his earlier statements on patent issues signaled a big change in federal efforts to combat patent abuses.
The Federal Trade Commission refused on Tuesday to throw out an antitrust enforcement action against the Louisiana Real Estate Appraisers Board over its recent regulation controlling appraisal fees, ruling that the state does not have enough involvement with the regulation to shield the board with immunity under the so-called state action doctrine.
The European Commission confirmed that it had raided facilities owned by sports media rights companies in various countries Tuesday over concerns that they may be violating European Union antitrust rules against cartels and restrictive business practices.
The Federal Trade Commission’s Terrell McSweeny called Wednesday for the watchdog to get new resources and authority, including the power to impose fines and make new rules, to go after privacy violations, saying the agency’s competition powers generally couldn’t reach those kinds of issues.
The U.S. Department of Justice is continuing to advocate for an enforcement focus on licensees of standard essential patents, is working to improve the effectiveness of consent orders and is also pursuing additional agreements between companies not to compete for employees, agency leadership told antitrust lawyers Wednesday.
China’s antitrust authorities are preparing for the country’s plan to combine the trio into a single new agency and trying to keep the change from affecting their work, as the first phase of the merger is little more than a week away, officials said Wednesday.
Manhattan U.S. District Judge Lorna G. Schofield on Wednesday said that Credit Suisse AG, the lone holdout in an action brought by currency exchange customers who say big banks rigged foreign exchange rates, has a good chance to beat a planned class certification motion.
A New York state judge ruled that a real estate investor could move forward with its allegations that investment bank Macquarie conspired with asset manager KKR & Co. LP to rig an auction for apartment buildings worth $100 million, rejecting efforts to dismiss the case at a contentious hearing Wednesday.
The European Commission said Wednesday it has approved Bayer AG’s request to sell its seed, pesticide and agricultural technology assets to competitor BASF SE to allay antitrust concerns over its proposed $62 billion acquisition of agrochemical company Monsanto Co.
Five former Barclays PLC and Deutsche Bank AG traders gamed the financial system to rip off counterparties that did business with them in a conspiracy to rig an interest rate benchmark used to price trillions of dollars of securities, prosecutors for Britain’s Serious Fraud Office told a London court on Wednesday.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.
It's unusual for the Committee on Foreign Investment in the U.S. to delay the election of a public company’s board of directors because they may approve a future transaction. But it's not surprising that CFIUS acted to protect critical U.S. network infrastructure from a foreign buyer, say attorneys with Sheppard Mullin Richter & Hampton.
Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.
The decision by Venezuela’s state-owned oil company PDVSA to pursue claims in the U.S. over an alleged bribery scheme raises a number of legal and strategic issues not just for the defendants named in the suit, but also for PDVSA’s bondholders and creditors of the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.
Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.
There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.
Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.
It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.
In his response to my Law360 article, William Kolasky notes “the relative dearth of rule of reason cases that have made it to summary judgment or beyond.” My only point is a consequentialist one: Since the 1970s, more and more cases have migrated from the per se category to the rule of reason category. As a result, plaintiffs (almost) always lose, says Randy Gordon of Crowe & Dunlevy.
The Ninth Circuit's decision last month in Federal Trade Commission v. AT&T Mobility has significant implications for enforcement against telephone, wireless and internet businesses, and for the potential fate of the Federal Communications Commission’s Restoring Internet Freedom Order, say attorneys with Cooley LLP.