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Competition

  • September 25, 2018

    Athletics Commish Defends NCAA Pay Rules As Trial Wraps

    The America East Conference commissioner defended the NCAA’s rules limiting athlete compensation at the close of a landmark antitrust bench trial Tuesday, walking back public comments she made in February suggesting paying athletes could help level the playing field between schools with different resources.

  • September 25, 2018

    FTC’s Ohlhausen Steps Down As Term Expires

    Maureen K. Ohlhausen, a Republican member of the Federal Trade Commission who helped steer the agency through a period marked by unprecedented vacancies while its acting chairman, said she is stepping down from her commissioner post on Tuesday as her term expires.

  • September 25, 2018

    Sham Petition Suits Are Piercing Big Pharma's Antitrust Shield

    A long-standing U.S. Supreme Court doctrine shielding companies that petition the U.S. Food and Drug Administration from antitrust liability is proving increasingly unhelpful to brand-name drugmakers accused of delaying generic-drug rivals by bombarding the FDA with cockamamie scientific arguments.

  • September 25, 2018

    DOJ Aims For 6 Mo. Clock On Antitrust Merger Reviews

    The U.S. Department of Justice’s top antitrust official announced a series of reforms Tuesday aimed at cutting most merger reviews nearly in half to a goal of no more than six months, following through on plans to speed reviews first floated late last year.

  • September 25, 2018

    BMI Seeks Higher Royalty Rates For Live Concerts

    Licensing group Broadcast Music Inc. filed a new case Monday in New York federal court seeking higher copyright royalties for live concerts, saying rates must keep up with a “dramatic trend” of declining record sales and booming box offices.

  • September 25, 2018

    App Buyers Can Bite Apple Over Fees, High Court Hears

    Consumers suing Apple Inc. for allegedly dominating the iPhone app market told the U.S. Supreme Court on Monday that a proposed class action on behalf of app customers should be kept alive because they buy software directly from the tech giant.

  • September 25, 2018

    Robins Kaplan Snags DOJ Antitrust Veteran For NY Office

    Robins Kaplan LLP has hired a former trial attorney with the U.S. Department of Justice with experience in cases ranging from arson and murder to bank fraud and criminal antitrust.

  • September 24, 2018

    Ex-Deutsche Trader Dishes On Bank's Libor Self-Dealing

    A former Deutsche Bank money market trader on Monday told a Manhattan federal jury he would routinely make London Interbank Offered Rate submissions with the goal of aiding the bank’s derivative traders, a practice he now admits was wrong.

  • September 24, 2018

    NCAA Athletes Say U. Of Wis. Contradicted Own Chancellor

    Attorneys representing NCAA athletes in a landmark California antitrust trial on Monday sought another chance to question the University of Wisconsin-Madison's chancellor, who recently testified that it might drop its sports department if it had to start paying athletes, saying that testimony was contradicted by the school's recent statement.

  • September 24, 2018

    Banks' Guilty Pleas Fair Game In Forex Traders' October Trial

    Federal prosecutors set to try three former currency traders for fixing exchange rates received a New York federal judge’s blessing Monday to tell jurors that the men’s former employers — including Barclays, JPMorgan and Citicorp — have themselves pled guilty to such price-fixing.

  • September 24, 2018

    Ozzy Osbourne Drops Antitrust Suit Against Venue Owner

    Ozzy Osbourne has dropped his putative class action suit in California federal court over Anschutz Entertainment Group’s allegedly anti-competitive block booking practices, saying there’s no reason to pursue the case now that musicians can book London’s large O2 Arena without committing to play the Staples Center in Los Angeles.

  • September 24, 2018

    Fighters Say They Can Prove UFC Depressed Their Wages

    A proposed class of mixed martial arts fighters told a Nevada federal court Friday that they have proof the Ultimate Fighting Championship's parent company pushed out competitors and depressed their wages, and that their antitrust suit should proceed.

  • September 24, 2018

    IP Atty Can't Prove Ford Blocked Job Offers, 6th Circ. Says

    The Sixth Circuit on Monday declined to revive a suit by an intellectual property attorney who claims her former bosses at Ford Motor Co. conspired to block her from getting hundreds of prospective jobs, saying she hadn’t provided any basis for her conspiracy claims.

  • September 24, 2018

    FTC Staff Lays Out Policy For Portable Work Licenses

    A Federal Trade Commission report issued Monday pushes the concept of state-to-state occupational license portability, a key aspect of a broader Trump administration push to loosen mandates to certify qualified workers across a host of jobs and stimulate market competition.

  • September 24, 2018

    Higher Rates With Gray-Raycom Deal: Cable, Satellite Groups

    If Gray Television Inc. is allowed to acquire Raycom Media Inc., the resulting 142-station strong company will impose higher broadcast transmission fees on cable and satellite television providers, leading to increased costs for consumers, industry groups and DISH Network told the Federal Communications Commission on Friday.

  • September 24, 2018

    Vitamin C Importers Tell 2nd Circ. Price Fixing Voluntary

    Vitamin C importers urged the Second Circuit on Friday to affirm a $147 million price-fixing judgment against Chinese exporters after the U.S. Supreme Court returned the case earlier this year, with the importers arguing that the activity was voluntary, and not compelled by Chinese law.

  • September 24, 2018

    Grocers Want Egg Producers Kept In Price-Fixing Suit

    A group of supermarket chains on Friday urged a Pennsylvania federal judge to keep egg producers in multidistrict litigation for allegedly cutting supplies to jack up prices, invoking decades of antitrust law saying anyone impacted by price-fixing has standing to sue.

  • September 22, 2018

    Comcast Tops Fox With £29.7B Offer For Sky

    Comcast Corp. on Saturday emerged as the top offerer in an auction for Sky PLC with a £29.7 billion ($38.8 billion) offer, again besting 21st Century Fox and signaling an end to the bidding war over the British telecom. 

  • September 21, 2018

    Judge Probes NCAA VP On Athlete Pay Rules At Trial

    A California federal judge on Friday repeatedly questioned an NCAA vice president on the specifics of its pay rules during a landmark antitrust trial over the association's limits on student compensation, pointing to apparent discrepancies between financial aid limits the NCAA has imposed on its various conferences.

  • September 21, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a London no dealing desk sue Merrill Lynch for breach of fiduciary duty, more competition claims against Visa and MasterCard and a German shipper bring a suit against Axa and other insurers.

Expert Analysis

  • Opinion

    DOJ Should Encourage The Bid-Rigging Whistleblower

    Robert Connolly

    There are relatively few government contract collusion whistleblowers. The U.S. Department of Justice's Antitrust Division could roll out the whistleblower welcome mat by making a few changes that will not cost the government a nickel. Even if only one new case emerges, the efforts would be worth it, says former federal prosecutor Robert Connolly.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.

  • 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.