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.
Andrew Tyrie, a former British lawmaker who led investigations of the banking sector, was named as the next chairman of the country's antitrust watchdog Wednesday. The government also called for a review of competition enforcement powers and laid out proposals designed to help consumers, including making it easier for them to move their data from business to business.
The Competition Appeal Tribunal has agreed to stay a claim brought by BT and other telecommunications firms against MasterCard Inc. and its international and European arms over interchange fees, as it waits for appeal decisions in similar litigation cases.
LegalZoom.com won its bid to push into arbitration trademark law firm LegalForce RAPC Worldwide PC’s claims the legal resource website is falsely advertising its services and letting nonlawyers do legal work when a California federal judge found Tuesday the law firm had agreed to arbitrate during its investigation into LegalZoom’s website.
A Ninth Circuit judge on Tuesday criticized lead counsel for indirect buyers of cathode ray tubes who secured a $576.8 million bundle of antitrust settlements with tech giants like Philips, Panasonic and LG, saying it’s a “problem” that they secured the nationwide deals without looking out for people in Massachusetts, New Hampshire and Missouri.
The U.S. Department of Justice recalled AT&T’s chief content officer to the stand Tuesday in D.C. federal court to confront him with another damaging communication against the AT&T-Time Warner merger, this time in which he discussed pay-TV distributors banding together against a content provider.
A car dealership software vendor sued CDK Global Inc. in Illinois federal court Monday, joining a growing list of competitors and dealers that say CDK and another large rival, The Reynolds and Reynolds Co., conspired to block competitors from the market and strip dealerships of control of their own data.
The U.S. Department of Justice did not meet a Friday deadline to ask the U.S. Supreme Court to review a Second Circuit decision dismissing the convictions of two former Rabobank traders over constitutional concerns stemming from the use of testimony compelled overseas.
Prosecutors on Monday sought to get a last-minute interview with a former British banking group official in a case against two ex-Deutsche Bank traders accused of rigging the London Interbank Offered Rate after a Manhattan federal judge suggested the case may hinge on such evidence.
Amid an environment increasingly hostile to foreign involvement in the U.S. economy, the Committee on Foreign Investment in the United States has been broadening its view of what constitutes a national security concern severe enough to block a deal, paying special attention to Chinese acquirers and access to consumer data.
Hundreds of Boston-area taxi companies late Monday hit back against a bid by Uber Technologies Inc. to escape an antitrust suit, arguing they have done enough to show the ride-hailing service has unfairly priced its service in an effort to wipe out competition from traditional taxis.
The National Collegiate Athletic Association asked a California federal court on Friday to postpone a December trial over whether its restrictions on student-athlete compensation are anti-competitive, saying a key defense attorney has scheduling conflicts.
A businessman who’s been trying for 15 years to enter the “duck tour" industry has sued the Boston police commissioner and a lieutenant for allegedly ignoring his application for a sightseeing license needed to guide tourists through the city’s streets and waterways with amphibious vehicles.
The New York State Attorney General’s antitrust chief, Beau Buffier, told Law360 his team is bringing criminal bid-rigging and price-fixing cases in an effort to fill a local void left by federal enforcers, as his office announced a settlement and conviction in a case involving upstate trash collectors on Monday.
AT&T may be expanding into online live television, but the U.S. Department of Justice put an executive from its DirecTV subsidiary on the stand Monday to show that after a merger with Time Warner, the combined company could use its newly acquired online leverage to protect its satellite service and eliminate competition from internet-delivered programming.
The owner of Coachella was hit with a lawsuit in Oregon federal court on Monday claiming the California mega-festival employs anti-competitive practices, such as barring artists from performing at other musical events within approximately 1,300 miles in the months surrounding the spring happening.
Bayer won U.S. Department of Justice approval to buy Monsanto, Viacom wants $2.8 billion more to merge with CBS, and Chinese hotpot chain Sichuan Haidilao Catering wants to raise at least $600 million in a Hong Kong public listing.
A former General Electric global executive counsel for competition law and policy has joined Jones Day as a partner in the firm’s antitrust and competition law practice, the firm announced recently.
A Ninth Circuit panel on Monday appeared skeptical of reviving an energy drink company’s antitrust lawsuit claiming Monster Energy Co. bullies military resale outlets into keeping rivals off store shelves, with one judge saying that the complaint is defective since it fails to specify Monster’s share of the market.
The full Eleventh Circuit will rehear a panel decision reviving lawsuits by auto body shops that say State Farm and other insurers conspire to manipulate car repair costs, the panel announced Friday.
The trial of five traders accused of rigging Euribor began in London on Monday in the latest chapter of the Serious Fraud Office’s long-running investigation into the manipulation of the interest rate benchmarks used to price trillions of dollars of securities.
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.
A Law360 guest article this week overlooked the great strides made by the appellate courts over the last four decades in developing a sound analytical framework for applying the rule of reason, says William Kolasky, co-chairman of Hughes Hubbard & Reed LLP's antitrust practice.
Most of the commentary surrounding the U.S. Supreme Court American Express case has focused on the standards and analysis to be applied in so-called “two-sided market” cases. But those questions are merely symptoms of a greater malady — the “rule of reason” analysis that has come to govern most antitrust cases, says Randy Gordon of Crowe & Dunlevy.
The AT&T-Time Warner merger debate is different from most large mergers only in that politics have entered the discussion in a way that has happened rarely in the past. Despite President Trump's disapproval, the proposed transaction is a textbook vertical merger and should be evaluated as such, says economist Scott Wallsten of the Technology Policy Institute.
Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.
For many years, the Committee on Foreign Investment in the United States has been guided by the “risk delta” — the increase in risk that may result from a transaction determines what CFIUS action is warranted. However, the risk delta analysis is only loosely tethered to law, and the concept has evolved substantially in the last year, say Stephen Heifetz and Joshua Gruenspecht of Wilson Sonsini Goodrich & Rosati PC.
Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.
In many lawsuits, questions of impact and damages turn on whether the defendant’s conduct caused consumers to buy more or fewer of a product than they would otherwise. A better understanding of the consumer decision process can be derived using what economists call the "purchase funnel," say Nikita Piankov of Analysis Group and Catherine Tucker of the MIT Sloan School of Management.
Ohio v. American Express is an important U.S. Supreme Court case that could decide the standard by which complex, “two-sided market” antitrust claims will be litigated. At oral argument on Monday, Justice Neil Gorsuch was the most aggressive questioner and strongly supported affirming the Second Circuit, says Steven Levitsky of Bona Law PC.
Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.
The sheer scale and global nature of the Volkswagen diesel emissions scandal has led to discussions about how such high-volume consumer cases are handled, with some commentators suggesting that the case represents a turning point in how class action litigation is viewed and handled, particularly in Europe, say Noah Wortman, global head of class action services at Goal Group, and attorneys with Hausfeld LLP.