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Competition

  • November 28, 2018

    Groups Call For House Hearings On Sprint-T-Mobile Deal

    Fourteen organizations sent a letter Wednesday regarding the proposed $59 billion merger between T-Mobile and Sprint to Democratic U.S. Reps. Jerrold Nadler of New York and Frank Pallone of New Jersey, asking them to hold hearings during the first quarter of 2019 to examine the tie-up's impact on consumers.

  • November 28, 2018

    Eli Lilly Wins Stay In Eagle Antitrust Suit Amid Patent Fight

    A Delaware federal court has granted Eli Lilly and Co.’s request to stay an antitrust suit brought by Eagle Pharmaceuticals Inc., saying that waiting until a related patent infringement case is resolved would simplify things.

  • November 28, 2018

    CSX State Claims In Antitrust Suit Too Late, Court Told

    CSX Transportation Inc.’s state law claims against fellow railroad giant Norfolk Southern Railway Co. over allegedly exorbitant rates imposed on CSX to use a small railroad the two co-own are time-barred, Norfolk Southern told a Virginia federal court on Tuesday.

  • November 28, 2018

    Watchdog Could Block Experian's £275M Merger With Rival

    The U.K.’s antitrust enforcer indicated Wednesday that it could block the planned £275 million ($350 million) merger between credit data company Experian PLC and rival ClearScore, which it said would stifle competition and innovation.

  • November 27, 2018

    JPMorgan Pushes Back On Depo Bid In Silver Trading Suit

    JPMorgan Chase & Co. told a New York federal judge on Tuesday that it wouldn’t do anyone any good to allow additional depositions of three bank employees that have been requested by traders suing the bank over alleged manipulation of the silver futures market.

  • November 27, 2018

    HTC Fights Ericsson Bid To Base IP Royalties On Device Value

    HTC America Inc. urged a Texas federal court on Monday to reject a bid from Ericsson to collect royalties based on the value of its end-products instead of the chips inside them, saying setting a royalty rate should be based on the smallest possible unit.

  • November 27, 2018

    T-Mobile's €190M Purchase Of Rival Passes EU Examination

    Europe’s competition enforcer on Tuesday blessed T-Mobile’s plan to pick up one of its three rivals in the Dutch retail mobile telecommunications market for €190 million ($215 million), finding after an in-depth probe that the reduction in players still left a competitive market.

  • November 27, 2018

    Ariz. AG Slams Doctors’ Antitrust Settlement With AOA

    Arizona’s attorney general pressed a New Jersey federal court to reject a planned settlement between physicians and the American Osteopathic Association over a policy tying board certification to membership, arguing that the deal should allow prospective class members to opt-out.

  • November 27, 2018

    Symantec Tries To Delete Cyber Lab’s Antitrust Suit

    Symantec Corp. on Monday urged a California federal judge to toss an antitrust suit accusing it and other cybersecurity firms of conspiring to boycott a software lab because its testing would reveal serious flaws in their own products.

  • November 27, 2018

    EU Greenlights France's €600M Plan To Bolster Solar Output

    The European Commission on Tuesday cleared France’s €600 million ($678.5 million) plan to boost energy production from existing solar installations, moving the country another project closer to its goal of getting nearly a quarter of its energy from renewables by 2020.

  • November 27, 2018

    Trump DC Hotel Checks Out Of Unfair Competition Suit

    A D.C. federal court judge has dismissed a wine bar's unfair competition lawsuit against President Donald Trump and the company that operates the Trump International Hotel Washington D.C., ruling that the wine bar failed to show that the defendants wrongfully interfered with its business.

  • November 27, 2018

    Auto Suppliers Allege Global Exhaust System Price-Fix Plot

    Two automotive supply companies hit Boysen USA LLC with an antitrust suit Monday accusing it and other global suppliers of fixing the prices of automotive exhaust systems sold in the United States and elsewhere.

  • November 27, 2018

    ECJ To Rule On Whether Britain Can Reverse Brexit Process

    The European Court of Justice heard detailed arguments on Tuesday about whether the U.K. can unilaterally reverse the process of leaving the European Union, in a case that campaigners hope could help to keep Britain in the bloc.

  • November 26, 2018

    ThermoLife Accuses Supplement Co. Of False Advertising

    Dietary supplement maker ThermoLife International LLC has accused rival American Fitness Wholesalers LLC of unfair competition and false advertising, according to a suit entered in Arizona federal court Monday, alleging the company has been improperly labeling its products as containing "patented creatine nitrate."

  • November 26, 2018

    All Banks But Morgan Stanley Escape Aussie Benchmark Suit

    A New York federal judge on Monday dismissed the bulk of claims against all defendants except Morgan Stanley in a proposed class action against 15 major banks and two brokers for allegedly manipulating the price of derivatives based on an Australian benchmark interest rate.

  • November 26, 2018

    Spain Probing Adidas For Anti-Competitive Sales Practices

    Spain’s competition authority has announced that it’s opening sanction proceedings against Adidas’ Spanish branch, after investigating a complaint that accused the company of anti-competitive activity.

  • November 26, 2018

    AT&T Fights Bid For Scholars To Appear At Merger Appeal

    AT&T Inc. urged the D.C. Circuit on Monday to reject a bid from a group of scholars to appear during oral arguments next month as the government looks to revive its challenge of the telecom giant's purchase of Time Warner Inc., saying the group’s arguments are not needed.

  • November 26, 2018

    Hawaii High Court Revives NCAA Unfair Competition Suit

    The Hawaii Supreme Court has revived an unfair competition suit brought by a bowl game sponsor against the National Collegiate Athletic Association, ruling it had presented enough evidence to move forward with its case accusing the NCAA of scuttling its sale.

  • November 26, 2018

    JPMorgan Settles Aussie Benchmark Fixing Suit For $7M

    JPMorgan will shell out $7 million to investors to exit a class action accusing several big banks of profiting at their expense from the manipulation of an Australian short-term interest benchmark known as the Bank Bill Swap Reference Rate, according to a motion filed in New York federal court.

  • November 26, 2018

    Ex-Wells Fargo Trader's Depo In Rigging Suit Canceled

    A New York federal judge on Monday rescinded her pre-Thanksgiving order that a former Wells Fargo trader be deposed in a putative investor class action accusing several big banks of rigging the foreign exchange market, saying the investors should go to California federal court to compel his deposition.

Expert Analysis

  • Why It’s Time To Rethink Illinois Brick

    Samuel Miller

    In Apple v. Pepper, the U.S. Supreme Court will consider whether iPhone owners who purchase apps from Apple’s app store should be considered “direct purchasers” under federal antitrust laws. The court should use this opportunity to reevaluate the direct purchaser analysis it established in Illinois Brick Co. v. Illinois, says Samuel Miller of UC Hastings Law School.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Antitrust Considerations For Government Contractors

    Peter Levitas

    Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges. They must navigate carefully to manage risk in merger review, teaming agreements and personnel issues, say Peter Levitas and Francesca Pisano of Arnold & Porter.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • DOJ Merger Review Reform Is Welcome News

    Joseph Bial

    Changes to the U.S. Department of Justice merger investigation process announced last week reflect the DOJ’s understanding that delay is a form of uncertainty and risk. Indeed, the timelines of recent investigations indicate that the agency has already endeavored to accelerate its merger reviews, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • How US And EU Sanctions Clash With Russian Antitrust Laws

    Stefan Weber

    U.S. and EU sanctions on Russia are forcing many international companies to carefully evaluate and restructure their contractual relationships with Russian counterparties. In this process, Russian antitrust law provides obstacles that may be difficult to overcome in some situations, say attorneys with Noerr Consulting AG.

  • Opinion

    Tronox, Cristal Merger Review Underscores Need For Reform

    Michael Wise

    The Tronox/Cristal case highlights legitimate disadvantages that parties can face when a merger is before the Federal Trade Commission rather than the U.S. Department of Justice. The SMARTER Act, which has been floating around in Congress for several years, would improve the approach to cases like this, say Michael Wise and Noah Pinegar of Paul Hastings LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.