Competition

  • February 22, 2018

    Judge Wants Class Attys' Billing Records In Qualcomm Row

    A California federal judge overseeing antitrust claims related to Qualcomm’s patent licensing practices asked attorneys for a putative class of chip buyers to hand over billing records while the case is ongoing, saying that although such records are typically reviewed at litigation’s end, “that is kind of too late” to ensure good-faith billing.

  • February 22, 2018

    Capacitor Biz Faces Restitution For Price-Fixing Scheme

    A California federal judge on Wednesday shot down a request by the federal government and Elna Co. Ltd., deemed a small player in a capacitor price-fixing scheme, to take criminal restitution off the table, saying direct purchaser victims had a payment priority and Elna had not demonstrated inability to pay.

  • February 22, 2018

    Endo Settles Rest Of Lidoderm Antitrust Suit

    Endo has reached a settlement with the remaining plaintiffs in an antitrust lawsuit over the Lidoderm pain patch on the eve of jury selection for an upcoming trial, court records show, an effort to end the case after a California federal judge refused to enter judgment in its favor.

  • February 22, 2018

    Qualcomm Blasts FTC's Special Master Bid In Antitrust Suit

    Qualcomm Inc. slammed the Federal Trade Commission’s request to have a special master appointed in an antitrust suit over the company’s licensing practices for standard-essential patents on Wednesday, telling a California federal judge that such a move would only complicate discovery proceedings set to close next month.

  • February 22, 2018

    UK Antitrust Agency Eyes Bigger Post-Brexit Role

    The United Kingdom’s competition watchdog is eyeing a leading global enforcement role and greater ownership over U.K.-related mergers and cartel allegations after Britain leaves the European Union, the agency’s general counsel said in a London speech Thursday.

  • February 22, 2018

    Poultry Cos. Face Antitrust Suit From Broiler Chicken Growers

    A group of North Carolina chicken growers slapped Koch Foods and other major chicken companies with a putative class action Wednesday, alleging the companies reached a “no-poaching” agreement and shared data to suppress farmers’ compensation.

  • February 22, 2018

    Au Pair Co.'s Arbitration Clause Is 'One-Sided,' 10th Circ. Told

    An au pair company shouldn’t be allowed to arbitrate individual class members’ claims, au pairs told the Tenth Circuit, saying that the district court judge was right to find arbitration clauses in their contracts unenforceable.

  • February 22, 2018

    TransCanada Gas Unit Vies For FERC Market Rates At DC Circ.

    Pipeline giant TransCanada Corp.’s U.S. natural gas storage unit urged a D.C. Circuit panel Thursday to allow it to charge market-based rates, asserting in oral arguments that the Federal Energy Regulatory Commission wrongly denied it the right to charge those rates while permitting others in the same market to do so.

  • February 21, 2018

    AIG Denied Quick Win In Becton Antitrust Coverage Fight

    An AIG unit can’t dodge coverage just yet for the $67 million bill medical technology company Becton Dickinson & Co. racked up settling two antitrust suits, a New Jersey federal court said Tuesday, ruling it’s unclear whether the policies at issue cover “unfair competition.”

  • February 21, 2018

    FCC’s Pai Won't Recuse Himself In Sinclair Merger Review

    Federal Communications Commission Chairman Ajit Pai recently refused to recuse himself from the agency’s review of Sinclair Broadcasting Group Inc.’s $3.9 billion acquisition of Tribune Media Co., after a Democratic lawmaker cast doubts about his impartiality.

  • February 21, 2018

    Mich. Car Dealers Slam Tesla Info Grab As A Ploy

    The Michigan Automobile Dealers Association asked a federal judge Tuesday to shut down Tesla's bid to force the group to hand over documents about its lobbying efforts supporting a 2014 state ban on car manufacturers selling vehicles directly to consumers, saying Tesla’s demands are full of smoke.

  • February 21, 2018

    CooperVision To Pay $3M To End Contact Price-Fixing Suit

    A proposed class urged a Florida federal judge Wednesday to approve its $3 million deal with CooperVision Inc., which would end claims that the contact lens-maker engaged in price-fixing of disposable lenses.

  • February 21, 2018

    Telecoms Press FCC To Halt Verizon's $3B Spectrum Buy

    The Competitive Carriers Association on Tuesday urged the Federal Communications Commission to nix a $3 billion deal that would transfer high-end spectrum critical for use by next-generation wireless services to Verizon, saying the spectrum should be auctioned off to the highest bidder.

  • February 21, 2018

    US, Others Caution High Court On Utility's Immunity Bid

    The U.S. government, public interest groups and others urged the U.S. Supreme Court on Tuesday not to let an Arizona utility immediately challenge a lower court's finding that it’s not immune from an antitrust suit brought by a subsidiary of Tesla Inc.

  • February 21, 2018

    Express Scripts Beats NY Pharmacy's Antitrust, Contract Suit

    A Missouri federal judge on Wednesday dismissed a New York pharmacy’s antitrust and breach of contract suit accusing Express Scripts Inc. of baiting it into a mail-order contract only to drop the deal months later, finding the relationship between the two was limited to retail-pharmacy business.

  • February 21, 2018

    CMA To Release First Investment Consultants Report In July

    The U.K.'s antitrust watchdog said Wednesday it planned to release its initial conclusions on the state of competition among investment consultants in July after deciding to continue to focus mainly on services aimed at pension schemes.

  • February 21, 2018

    Huawei Fights Samsung Bid To Block China Patent Injunction

    Huawei Technologies Co. on Tuesday slammed Samsung's bid to block an injunction issued in China last month barring the South Korean company from selling smartphones that infringe two Huawei patents, calling Samsung's request to a California federal judge “extraordinary.”

  • February 21, 2018

    Suspended Doc Can’t Challenge Authority Of Ky. Med Board

    A Kentucky federal judge has tossed a doctor’s constitutional challenge to the authority of the state’s medical licensing board over his temporary suspension based on initial findings that he was “impaired” on the job.

  • February 21, 2018

    LinkedIn Can't Relate Data Spat To Craigslist Case, Co. Says

    Data company 3taps told a California federal court Tuesday that its suit seeking clearance to scrape data from LinkedIn’s public profiles should not be related to a previously decided matter involving Craigslist, saying its action should instead be related to another pending suit against the professional networking site.

  • February 21, 2018

    DOJ Antitrust Chief Wants Closer IP Enforcement With EU

    U.S. Department of Justice antitrust division chief Makan Delrahim argued in a speech Wednesday at the College of Europe in Bruges, Belgium, for a closing of the enforcement policy gap between U.S. and European authorities on matters of intellectual property and treatment of “unilateral conduct” by individual companies.

Expert Analysis

  • 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 LLP.

  • 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.

  • 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. ​