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Competition

  • September 7, 2018

    EU Open To US-Style Equivalence Deal For UK Finance Firms

    The European Union’s chief Brexit negotiator has indicated that Britain could be granted a regulatory equivalence deal on financial services similar to arrangements already enjoyed by the U.S., according to minutes of a meeting released on Friday.

  • September 6, 2018

    Mylan Decries 'Hopeless Fishing Expedition' In EpiPen MDL

    Mylan NV assailed an effort to access more of its CEO’s emails in multidistrict litigation over price hikes for emergency allergy treatment EpiPen, calling the bid a “hopeless fishing expedition” motivated by failures to uncover evidence of C-suite misconduct.

  • September 6, 2018

    NCAA’s Experts Defend Athlete Pay Restrictions At Trial

    Two economists paid by the National Collegiate Athletic Association on Thursday defended rules restricting student-athlete pay in a California federal bench trial over allegations the NCAA’s grant-in-aid caps violate antitrust laws, with one testifying that removing the rules would degrade amateur sports as a product.

  • September 6, 2018

    EU Clears Apple’s $400M Shazam Buy

    European Union antitrust regulators signed off Thursday on Apple’s proposed $400 million acquisition of music-identification app maker Shazam, closing out an in-depth review sparked over concerns that Shazam’s data and software might be leveraged against competitors.

  • September 6, 2018

    7th Circ. Won't Save Antitrust Claims Against Steel Giants

    The Seventh Circuit on Thursday found that antitrust claims levied against major steel producers, including U.S. Steel, ArcelorMittal USA and Commercial Metals Inc., by a proposed class of indirect purchasers alleging a price-fixing conspiracy were filed outside the limitations period, upholding the claims’ dismissal by an Illinois federal judge.

  • September 6, 2018

    Stock Photo Co. Gets One Shot At Google Antitrust Suit

    A California federal judge on Thursday said he will give stock photography company Dreamstime.com LLC one shot at a sprawling antitrust suit alleging Google LLC stifles access to Dreamstime's images in search results, giving it the option to amend its complaint before he rules on a dismissal bid or submit the filing knowing "that would be it."

  • September 6, 2018

    Mylan Investors Push Back At Bid To Toss EpiPen Claims

    Investors in Mylan NV fired back at what they called a scattershot motion to dismiss their amended claims about alleged anti-competitive behavior involving the drugmaker's EpiPen epinephrine auto-injector, saying their latest allegations are "well-pleaded and damning."

  • September 6, 2018

    NAB To FCC: Reject Tighter Radio Station Ownership Rules

    The National Association of Broadcasters told the Federal Communications Commission in a recent meeting, disclosed Tuesday in an ex parte filing, that it should reject calls to tighten eligibility rules for an “incubator” program that offers radio stations a break on ownership rules if they help a new or struggling station.

  • September 6, 2018

    Cherokee Nation Tossed From Tuna Price-Fixing MDL

    The Cherokee Nation lacks standing to sue packaged tuna producers Bumble Bee Foods LLC, Chicken of the Sea and StarKist Co. for an alleged price-fixing conspiracy, a California federal judge has ruled in ejecting the tribe from a broader multidistrict litigation.

  • September 5, 2018

    Chesapeake Energy, Ex-Exec Settle Antitrust Row For $6.95M

    Oil and gas royalty owners asked an Oklahoma federal judge Wednesday to approve a $6.95 million deal with Chesapeake Energy Corp. and its co-founder to settle antitrust claims filed for thousands of landowners alleging the company conspired to fix prices on their leases.

  • September 5, 2018

    Stanford Economist Rips NCAA's Pay Rules At Antitrust Trial

    A Stanford University sports economist criticized the NCAA’s rules restricting student-athlete pay on Wednesday in a California federal bench trial over allegations the NCAA’s grant-in-aid caps violate antitrust laws, saying college basketball and football is not a “fragile enterprise dependent on how much players get paid.”

  • September 5, 2018

    Lens Makers Fight Sanctions Over Defunct Facebook Page

    Johnson & Johnson and Alcon asked a Florida federal judge not to sanction them for allegedly hiding the existence of a Facebook group where they’d supposedly hashed out a price-fixing conspiracy with other companies, arguing the consumers in the multidistrict litigation couldn’t prove they’d hidden it on purpose.

  • September 5, 2018

    Comcast $15.5M Antitrust Deal Gets Tentative Approval

    Comcast and a group of subscribers won preliminary approval Wednesday from a Pennsylvania federal judge who signed off on their years-old $15.5 million deal resolving an antitrust class action over tying premium subscriptions to cable box rentals, with payouts largely limited to customers who opted out of an arbitration clause.

  • September 5, 2018

    Kavanaugh Sidesteps Tough Questions On Merger Opinions

    D.C. Circuit Judge Brett Kavanaugh during the second day of his confirmation hearings on Wednesday defended a pair of opinions he penned siding against the government on merger challenges, telling Sen. Amy Klobuchar, D-Minn., that both cases were were “very fact-specific.”

  • September 5, 2018

    Disk Drive Buyers Urge 9th Circ. To Revive Price-Fixing Suit

    A class of optical disk drive buyers told the Ninth Circuit on Tuesday that a lower court applied conflicting standards when it found sufficient evidence of a price-fixing conspiracy among disk drive manufacturers but not of the harm the conspiracy inflicted.

  • September 5, 2018

    2nd Circ. Declines Class Cert. Review In $50B Libor Fight

    The Second Circuit on Tuesday declined a request by Bank of America Corp. and JPMorgan Chase to scrutinize Manhattan U.S. District Judge Naomi Reice Buchwald's certification of a class of investors allegedly damaged to the tune of $50 billion by London Interbank Offered Rate rigging.

  • September 5, 2018

    Freight Railroad Group Seeks DC Circ. Redo In Amtrak Row

    Freight railroads asked the D.C. Circuit to rehear its split ruling in July that reversed a lower court’s ruling that a federal statute governing Amtrak’s regulatory authority is unconstitutional, arguing that the ruling conflicts with precedent.

  • September 5, 2018

    $2.4B Tronox-Cristal Deal Paused For FTC Ruling

    A D.C. federal judge on Wednesday granted the Federal Trade Commission's request to temporarily block Tronox from completing its planned $2.4 billion purchase of Saudi-owned chemical mining company Cristal while waiting for an FTC in-house judge to rule on the deal's legality.

  • September 5, 2018

    Top Merger Enforcer Takes Reins At FCA Competition Unit

    The Financial Conduct Authority announced on Wednesday that it has hired a senior director from the Competition and Markets Authority to head its antitrust unit, cementing increased cooperation between the two U.K. regulators.

  • September 5, 2018

    SFO Can't Narrow Privilege Protections In Landmark Ruling

    A London appeals court ruled Wednesday that documents prepared for international mining company ENRC during an internal investigation are protected by legal privilege, rejecting the Serious Fraud Office's efforts to demand the materials for a criminal corruption and bribery probe.

Expert Analysis

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • 5 Global Merger Control Developments You Need To Know

    Jason Cruise

    Merger news from the first half of 2018 reflects a global trend toward alignment of enforcement on the national level and on the regional level, say attorneys with Latham & Watkins LLP.

  • 2 Takeaways From The AT&T-Time Warner Ruling

    Nathaniel Wackman

    A D.C. federal judge's decision last month in United States v. AT&T contains important insights that will be influential well beyond the confines of the now-completed $85 billion merger between AT&T and Time Warner, say Nathaniel Wackman and Lee Van Voorhis of Jenner & Block LLP.

  • Trends In Securities Cases Based On Antitrust Allegations

    Samuel Groner

    Increasingly, a company’s disclosure of the existence of investigations into allegedly anti-competitive conduct has triggered securities class action litigation. But recent court decisions have made clear that plaintiffs must do more than simply allege the existence of an investigation, say Samuel Groner and Andrew Cashmore of Fried Frank Harris Shriver & Jacobson LLP.

  • What The AbbVie Decision Says About Sham Patent Cases

    Leslie John

    The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • New Support For Insureds Facing Government Subpoenas

    Caroline Meneau

    A recent decision from the Northern District of Illinois highlights the continued litigation around the scope of directors and officers liability insurance coverage for government investigations. Astellas v. Starr is a win for policyholders, reasoning that compliance with a government subpoena is essentially mandatory, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.