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Competition

  • January 9, 2019

    Uber Wins DQ Of Opposing Attys In Unfair Competition Case

    A California federal judge agreed with Uber Technologies Inc. on Wednesday that a conflict of interest involving its opponents' attorneys at Keller Lenkner LLC is grounds to boot them from a case claiming the ride-hailing company misclassifies its drivers as independent contractors to gain a competitive edge.

  • January 9, 2019

    Papa John's 'No Poach' Antitrust Suits Consolidated In Ky.

    Three suits accusing Papa John's of making illegal no-poach agreements between its franchises were consolidated in a Kentucky court by a New York federal judge Wednesday.

  • January 9, 2019

    Norton Rose Scores Ex-FTC Atty From Hunton Andrews

    Norton Rose Fulbright has nabbed a competition expert and former Federal Trade Commission attorney from Hunton Andrews Kurth LLP to help advise clients on antitrust reviews of global mergers, the firm announced Tuesday.

  • January 9, 2019

    Au Pairs Secure $65.5M Settlement In Antitrust Wage Dispute

    Several sponsorship agencies for au pairs have agreed to a $65.5 million deal in Colorado federal court that would settle allegations in a class action alleging that they colluded to suppress the child care workers’ wages.

  • January 9, 2019

    Golf Tech Monopoly Suit Not Premature, Justices Told

    A golf range start-up urged the U.S. Supreme Court to take up its antitrust suit claiming a rival's pick-up of a software vendor pushed the range out of the market, arguing that although the lower court found the allegations were teed up too early, the merger has already sunk the range's business.

  • January 9, 2019

    Shutdown May Slow CVS-Aetna Deal Review, DOJ Says

    The U.S. Department of Justice told a D.C. federal judge Tuesday that the ongoing government shutdown is hampering its ability to address public comments related to CVS Health Corp.’s proposed $69 billion acquisition of Aetna Inc., saying it will not be able to complete this task until Congress provides funding.

  • January 9, 2019

    EU Antitrust Chief Says 'Champions' Play By The Rules

    The European Commission's competition head made clear that she's not going to let companies in the bloc cut regulatory corners to foster the rise of more globally competitive European "champions" in a speech Wednesday at a Berlin summit, suggesting a bumpy road ahead for Siemens AG and Alstom SA's already troubled high-speed railway tie-up.

  • January 9, 2019

    Italian Watchdog Fines Automakers €678M Over Finance Cartel

    Italy's competition watchdog slapped automakers BMW, Fiat-Chrysler, Ford and Toyota and their banking operations with a combined €678 million ($776 million) fine Wednesday for running a financing cartel that authorities said reduced competition for selling certain cars. 

  • January 9, 2019

    MPs Ramp Up Pressure On May's Brexit Deal Ahead Of Vote

    Prime Minister Theresa May must devise a new Brexit plan within three days if her proposals are defeated in the House of Commons on Jan. 15 after lawmakers from across the political parties voted through a legislative amendment on Wednesday.

  • January 9, 2019

    Parliament Lacks Facts For Key Brexit Vote, Committee Warns

    The U.K. government has failed to hand MPs sufficient information to allow them to make an informed decision on the prime minister’s Brexit deal, Parliament’s Treasury Committee warned on Wednesday, further weakening Theresa May’s shaky position ahead of a critical vote next week.

  • January 8, 2019

    Intel Exec Slams Qualcomm's 'Very Unfair' Biz Model At Trial

    Intel Corp.'s chief strategy officer ripped into Qualcomm's "very unfair" business model Tuesday on day three of a California federal bench trial over the Federal Trade Commission's antitrust allegations, testifying that the chipmaker demands patent royalties from all device makers, even if they use competitors' chips, which undercuts competition.

  • January 8, 2019

    High Court Decision Sets Arbitration, Court Power Balance

    The U.S. Supreme Court's Tuesday decision striking down an exception that had allowed courts to decide whether a claim belongs in arbitration has further defined the allocation of power between arbitral tribunals and courts by eliminating a ground by which parties could seek to avoid arbitration, experts say.

  • January 8, 2019

    Uber Looks To Kick Quinn Out Of Ex-Rival's Antitrust Suit

    A defunct ride-hailing startup that recently accused Uber of driving it out of business shouldn’t have lawyers from Quinn Emanuel Urquhart & Sullivan LLP on its legal team because the firm has counseled Uber in a string of related cases, Uber told a California federal court Monday.

  • January 8, 2019

    Brownstein Hyatt Taps Biz Litigator For New Managing Partner

    Brownstein Hyatt Farber Schreck LLP announced Tuesday that its shareholders have elected business litigator Rich Benenson to become the firm’s next managing partner, just after the firm celebrated its 50th anniversary.

  • January 8, 2019

    Cboe Shouldn’t Be Let Out Of VIX Manipulation MDL

    Chicago Board Options Exchange investors urged an Illinois federal court not to let Cboe Global Markets Inc. out of multidistrict litigation accusing it and related entities of manipulating the exchange's volatility index, or VIX.

  • January 8, 2019

    Auto Bearings Buyers Lose Class Cert Bid In Antitrust MDL

    The first certification ruling in long-running multidistrict litigation over auto part price-fixing came out a loss for bearings buyers, as a Michigan federal judge found Monday that the distributors pushing to lead the class have too small a stake in the multitiered and massive bearings market to represent thousands of players.

  • January 8, 2019

    Mushroom Farms Escape Winn-Dixie Antitrust Suit

    Supermarket chain Winn-Dixie Stores Inc. can’t include individual farms in its lawsuit accusing a mushroom-farming cooperative of anti-competitive practices, after a Pennsylvania federal judge ruled Tuesday that membership in the cooperative alone was not enough for the farms to be accused of conspiracy.

  • January 8, 2019

    Ericsson Can License IP On Its Terms, Not HTC's, Judge Says

    Ericsson isn't automatically required to license its standard-essential patents at the much cheaper component level, a Texas federal judge ruled Monday in a major blow to HTC, which has accused the company of trying to overcharge on royalties to license cellular and wireless network SEPs.

  • January 8, 2019

    Takata Allows $53M Ch. 11 Claim To End Price-Fixing Suit

    Takata has agreed to carve out a $53.2 million unsecured claim in its Chapter 11 for a proposed class of car owners accusing the Japanese auto parts maker of conspiring with others to fix prices.

  • January 8, 2019

    Contracts Decide If Cases Go To Arbitration, Justices Rule

    The U.S. Supreme Court held on Tuesday that courts may not override a contract delegating to arbitrators the question of whether a claim must be arbitrated or litigated, even if the arbitration bid was "wholly groundless," unanimously vacating a Fifth Circuit decision.

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.