Competition

  • April 5, 2018

    China Tells Justices It Faced Hostility In Vitamin C Case

    The Chinese Ministry of Commerce urged the U.S. Supreme Court on Wednesday to uphold a Second Circuit decision that nixed a $147.8 million judgment against two Chinese companies for alleged price-fixing on vitamin C imports, arguing the court correctly deferred to Chinese interpretations of Chinese laws.

  • April 5, 2018

    Au Pairs Shirking Questions In Wage Suit, Agency Says

    Nearly half of 22 au pairs inadequately replied to discovery requests they were given after joining a class action accusing visa sponsoring agencies of conspiring to set low pay rates, while the other half failed to respond at all, one of the sponsoring agencies alleged in Colorado federal court Wednesday.

  • April 5, 2018

    PetIQ's Deal To Buy Veterinary Clinic Chain Faces Challenge

    Two pet medicine distribution companies have urged a California federal court to stop a rival from purchasing a chain of veterinary clinics, arguing Wednesday the deal would choke off competition to supply veterinary medication.

  • April 5, 2018

    Asset Managers Must Show Value For Money, FCA Says

    The Financial Conduct Authority unveiled the latest set of reforms for U.K.-based asset managers on Thursday, including a requirement for firms to issue annual reports to investors showing how they offer value for money.

  • April 4, 2018

    AT&T-Time Warner Judge Asks About Fixing Arbitration Offer

    The D.C. federal judge hearing the U.S. Department of Justice's challenge to AT&T and Time Warner’s merger Wednesday seemed to be considering ways to improve the companies' offer to arbitrate pay-TV pricing disputes over programming supplied by Time Warner's Turner Broadcasting unit, and perhaps permit the tie-up with conditions.

  • April 4, 2018

    Australia Approves $1B Dairy Deal With Plant Sale

    Australia's competition enforcer said Wednesday it will not oppose dairy processor Saputo Inc.'s planned AU$1.31 billion ($1 billion) purchase of Murray Goulburn Co-Operative Co. Ltd. after the company agreed to sell a plant over concerns about the price farmers would be paid for milk.

  • April 4, 2018

    Japanese Auto Parts Maker To Pay $34M In Antitrust Deal

    Japanese auto parts maker Tokai Rika asked a Michigan federal judge Monday for preliminary approval of a $34.2 million settlement to resolve a putative class action within multidistrict litigation brought by car buyers who say the company conspired with others to fix prices of parts.

  • April 4, 2018

    Judge Tosses Teva Investors’ Price-Fixing Suit From Bench

    A Connecticut federal judge on Tuesday dismissed a putative class action against Teva Pharmaceutical Industries Ltd. and several former officers from the bench, a suit in which investors claimed Teva hid a federal investigation into an alleged price-fixing scheme to inflate its stock price.

  • April 4, 2018

    Sen. Says Video Suggests Sinclair Misled About Must-Runs

    Sen. Dick Durbin asked the head of Sinclair Broadcast Group Inc. to clarify the company’s policy on local broadcasters reading mandated content, and said this weekend’s viral video of various local anchors reading the same script contradicted what Sinclair told his staff last fall.

  • April 4, 2018

    Aussie Travel Service Hit With Upped $9.6M Antitrust Penalty

    An Australian appeals court on Wednesday backed an enhanced AU$12.5 million ($9.6 million) fine on travel service Flight Centre Ltd. for trying to convince three airlines to increase their airfares, following a yearslong campaign from the country’s competition authority.

  • April 4, 2018

    FDIC Slams European Banks' Libor-Rigging Defenses In UK

    The Federal Deposit Insurance Corporation has criticized the "striking" lack of detail in defenses put forward by a group of European banks to a U.K. lawsuit accusing them of rigging a key interest rate benchmark, saying they fail to engage with the claims against them.

  • April 3, 2018

    IP Atty Accused Of ‘Bizarre Scheme’ In TM Antitrust Suit

    Trademark filing service Trademark Engine on Tuesday urged a California federal court to toss LegalForce RAPC’s antitrust suit, accusing that law firm’s founder of secretly recording conversations and engaging in a “bizarre scheme” to pump information from a former Trademark Engine employee under the pretext of a job interview.

  • April 3, 2018

    Knorr-Bremse, Wabtec Settle DOJ's Worker No-Poach Case

    The U.S. Department of Justice has reached a settlement with rail equipment suppliers Knorr-Bremse and Wabtec over allegations of a long-running pact to not compete for each other’s employees, the DOJ said Tuesday, warning again that such cases could result in criminal charges.

  • April 3, 2018

    DOJ, AT&T Duel Over 9% Customer Drop Estimate

    At least one pay-TV provider could lose 9 percent of its subscribers if denied Turner Broadcasting’s content, a U.S. Department of Justice witness said Tuesday in D.C. federal court, only for Time Warner and AT&T to attack the number and the reasons for the study that produced it.

  • April 3, 2018

    Justices Asked To Patch 'Clean' Split On Antitrust Doctrine

    Over a dozen antitrust scholars Monday asked the U.S. Supreme Court to resolve a “clean” circuit split over the proper test for determining when litigation becomes anti-competitive, in an appeal from a Puerto Rican telecommunications company hit with 24 lawsuits and petitions from a rival.

  • April 3, 2018

    Price Of A Chicken Sandwich Keeps No-Tipping Suit On Menu

    Dozens of New York and San Francisco restaurants returned to California federal court for another round in their battle against a consumer who accuses them of engineering a no-tipping policy in a “conspiracy” to overcharge customers, arguing he bases his suit on a fried chicken sandwich that cost $5 more after a Brooklyn eatery eliminated tipping.

  • April 3, 2018

    UK Antitrust Watchdog To Probe Laundry Co. Merger

    The United Kingdom’s competition watchdog has opened an in-depth post-merger investigation of a pair of laundry facility companies, the agency announced Tuesday, following concerns the deal could squeeze competition for laundry rentals.

  • April 3, 2018

    Net Neutrality Update: Here's What Major Players Are Saying

    The net neutrality debate continues to rage as industry players wait for the Federal Communications Commission’s repeal of the Open Internet Order to take effect, which will officially roll back Obama-era safeguards mandating that internet service providers treat all web traffic equally. Here's a look at what some major stakeholders in favor of the rule repeal have been saying in recent days.

  • April 3, 2018

    Think Tank Urges Reset On Lithium Ion Battery Settlement

    A conservative think tank has urged the Ninth Circuit to reject a class settlement in the massive lithium ion battery multidistrict litigation, arguing in a brief filed Monday that the class roped in plaintiffs who had no claims.

  • April 3, 2018

    Fox Offers More Sky News Fixes, Says Disney Is Mulling Offer

    Twenty-First Century Fox on Tuesday released new remedies to assuage concerns over how its $14.4 billion takeover plans for Sky PLC would impact Sky News’ independence, offering to separate the news network from its parent and unveiling a possible bid by Disney.

Expert Analysis

  • Opinion

    4 Ways New Chairman Can Create An Innovation-Friendly FTC

    Daniel Castro

    The Federal Trade Commission's incoming leaders will have an opportunity to solidify the FTC’s reputation as both a strong consumer advocate and a champion for innovation. To this end, there are several principles that should guide Chairman Joseph Simons when he takes the helm, say Daniel Castro and Alan McQuinn of the Information Technology and Innovation Foundation.

  • How To Deal With New Vertical Merger Enforcement Risks

    Jon Dubrow

    Recent announcements by senior antitrust officials at the U.S. Department of Justice suggest that merging parties in vertical transactions will face an increased burden in convincing the DOJ to settle. With a heavy skepticism toward behavioral remedies, the DOJ will act more like a cop than a parole officer, say attorneys with McDermott Will & Emery LLP.

  • Disfavored Retailers Turn Up Volume On Robinson-Patman

    Morgan Nickerson

    While repeal of the Robinson-Patman Act has been requested for decades and government enforcement has been virtually nonexistent, a recent spate of private litigation highlights the legal risk associated with volume-based pricing strategies, say attorneys with K&L Gates LLP.

  • Was Heir-Tracker Antitrust Indictment A Hair Too Late?

    Robert Connolly

    A Utah federal judge who dismissed the indictment against heir-locator Kemp & Associates as time-barred was grasping at straws to avoid application of the payments theory, say former federal prosecutors Robert Connolly and Karen Sharp.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • Mitigating Antitrust Risks In Nonreportable Transactions

    Gregory Heltzer

    There has been a flurry of antitrust challenges of nonreportable transactions under President Donald Trump, more than doubling the annual rate of such challenges during the last four years of the Obama administration. It is easy to see that not reportable does not mean not reviewable, say Gregory Heltzer and Lisa Peterson of McDermott Will & Emery LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.