Competition

  • April 12, 2018

    Remand Infineon's €83M Chip Cartel Fine, EU Top Court Told

    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.

  • April 12, 2018

    SIBOR-Rigging Suit Axed At Hearing, But Plaintiffs Get Redo

    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.

  • April 12, 2018

    No-Poach Guidance Caught In-House Counsel Off Guard

    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.

  • April 12, 2018

    UK Panel Says Disney Must Bid For Sky If Fox’s Offer Fails

    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.

  • April 12, 2018

    States Expanding Efforts To Tackle Prescription Drug Prices

    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.

  • April 12, 2018

    Innovation Risks May Make Deals 'Unfixable,' DOJ Vet Says

    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.

  • April 12, 2018

    CMA Probes Barriers To Switching Investment Consultants

    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.

  • April 12, 2018

    Ex-Bankers Joked About Euribor Fixes, Prosecutor Says

    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.

  • April 11, 2018

    Judge Challenges DOJ Expert On AT&T Control ‘Assumption’

    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.

  • April 11, 2018

    FTC Appeals Big Loss To A Shire Unit In Sham Petition Case

    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.

  • April 11, 2018

    Delrahim Separates DOJ's IP Advocacy From Antitrust Action

    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.

  • April 11, 2018

    FTC Won't Toss La. Real Estate Board Fee Case

    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.

  • April 11, 2018

    EU Raids Cos. Amid Sports Media Rights Antitrust Probe

    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.

  • April 11, 2018

    McSweeny Says FTC Needs New Powers To Tackle Privacy

    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.

  • April 11, 2018

    DOJ To Continue Focus On Standard Setting, No-Poach

    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.

  • April 11, 2018

    Chinese Antitrust Enforcers Gear Up For Impending Merger

    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.

  • April 11, 2018

    Credit Suisse Has Edge On Cert. In Forex Case, Judge Says

    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.

  • April 11, 2018

    Macquarie, KKR $100M Auction-Rigging Claims Advance

    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.

  • April 11, 2018

    EU OKs Bayer’s Divestiture To BASF In $62B Monsanto Deal

    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.

  • April 11, 2018

    Prosecutors Say Ex-Traders Gamed System With Euribor Rig

    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.

Expert Analysis

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    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.

  • Why CFIUS Intervened In Broadcom’s Bid For Qualcomm

    Drew Svor

    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.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    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.

  • New Bribery Suit's Implications For Venezuela Restructuring

    Richard Cooper

    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.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    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.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    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.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    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.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    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.

  • Rebuttal

    Reasoning About The Rule Of Reason

    Randy Gordon

    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.

  • 9th Circ. Rescues FTC Authority Over Common Carriers

    J.G. Harrington

    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.