Competition

  • 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.

  • April 2, 2018

    DOJ Says Time Warner Unit Tactics Show AT&T Merger Risks

    The U.S. Department of Justice on Monday used a former top Turner Broadcasting negotiator to illustrate the lengths to which Time Warner might go, if acquired by AT&T, to leverage its content for higher carriage rates from pay-TV providers.

  • April 2, 2018

    Ex-UBS Trader Gets Feds' 'Front Running' Evidence Nixed

    A former UBS AG trader accused of a criminal conspiracy to commit commodities fraud via a trading tactic known as “spoofing” has won his bid to exclude evidence of alleged front-running activity that the federal government said it planned to offer at trial later this month.

  • April 2, 2018

    Hospital Antitrust Suit Needs New Plaintiffs To Keep Cert.

    An Illinois federal judge Friday found the class in an antitrust suit alleging NorthShore University Health System harmed the market for acute-care inpatient services did not warrant certification because no plaintiffs had received such services, but gave them time to find replacement representatives who had.

  • April 2, 2018

    Merck Says Holding Co. Must Arbitrate Pay-For-Delay Claims

    Merck & Co. urged a Virginia federal judge on Monday to ax allegations it conspired with generics manufacturer Glenmark Pharmaceuticals Inc. to delay production of a competitor to cholesterol treatment Zetia, saying the suit is subject to an arbitration clause in the company’s distribution agreement.

  • April 2, 2018

    FTC Names Former Official As New Acting GC

    The Federal Trade Commission on Monday named Alden F. Abbott as its new acting general counsel, a former official for the agency who most recently served as a deputy director at the conservative think tank The Heritage Foundation.

  • April 2, 2018

    Sinclair Script Video Sparks Outrage In Policy Circles

    A video of local news anchors reading identical scripts on Sinclair Broadcasting Group-owned TV stations went viral over the weekend, prompting fierce opposition from Democrats and policy organizations that say it underscores why the FCC shouldn't approve the company's proposed takeover of Tribune Media Co.

  • April 2, 2018

    Uber-Grab Deal Getting Mounting Antitrust Scrutiny

    Uber’s bid to unload its Southeast Asia operations in a deal with rival ride-hailing service Grab became the subject of further antitrust scrutiny on Monday, when the competition authority for the Philippines said officials are looking at the move closely.

  • April 2, 2018

    9th Circ. Won't Revive Talent Agency's Antitrust Suit

    The Ninth Circuit shot down a boutique Hollywood talent agency’s fourth attempt to amend its antitrust complaint against major firms United Talent Agency Inc. and ICM Partners Inc. on Friday, finding the company had not plausibly alleged a conspiracy.

  • March 30, 2018

    Ill. Court Finds No Rigging Of Property Tax Auctions

    An Illinois federal judge on Thursday ruled in favor of Illinois tax collectors and businesses accused of conspiring to rig property auctions in 2007 and 2008 in exchange for political contributions because the accusers were unable to prove that the businesses violated antitrust law or that a violation caused them some injury.

  • March 30, 2018

    AT&T-Time Warner’s Potential Competitors

    A merged AT&T and Time Warner would be a vertically integrated video distributor, but one that interacts and competes with various other players in the media and content industry. The government’s lawsuit challenging the tie-up helps shed some light on the current landscape of an evolving sector and the complicated competitive forces at play.

Expert Analysis

  • 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.

  • CFIUS Scrutiny Of Foreign Acquisitions Intensifies

    John Barker

    The environment for foreign investment in the United States is shifting. Most recently, the Chinese acquisition of MoneyGram was derailed after the Committee on Foreign Investment in the United States rejected proposals offered to try to mitigate national security concerns. At the same time, U.S. legislation to enhance CFIUS controls seems to be gaining momentum, say attorneys with Arnold & Porter.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Prepare For DOJ's Criminal No-Poach Prosecutions

    Juan Arteaga

    Believing that the Trump administration would be more “business friendly,” many antitrust practitioners, human resources professionals and business executives assumed that the U.S. Department of Justice and Federal Trade Commission would simply not enforce the 2016 guidelines on no-poach and wage-fixing agreements. This assumption has proven to be incorrect, says Juan Arteaga of Crowell & Moring LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.