The U.S. Department of Justice this week cleared CVS' planned $69 billion purchase of Aetna, a combination that's been closely watched for its potential to shake up the industry and for any insights into how antitrust agencies will view mergers between players in adjacent industries going forward. Here, Law360 looks at some takeaways from the latest health care megadeal.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Serious Fraud Office has landed another mixed result in its prosecution of several former Barclays and Deutsche Bank traders for manipulating Euribor, the latest in the white collar specialist's latest effort to hold individuals accountable for rigging key benchmark interest rates. Here, Law360 looks at the highlights of the SFO's long-running campaign.
A D.C. federal judge has rejected the U.S. Department of Justice’s arguments that AT&T’s planned purchase of Time Warner would hurt competition and drive up consumer costs, dealing a major blow to the government’s first court challenge of a vertical merger in decades. Here, Law360 looks at how we got here, the key issues and highlights of the case.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.