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Competition

  • June 20, 2018

    New FTC Weighing Need To Alter Policies For Digital Economy

    The Federal Trade Commission’s newly minted chairman, Joseph Simons, said Wednesday that the agency will conduct a series of hearings to help shape its policy approach to hot-button antitrust and consumer protection issues including privacy, big data and the potential for enforcement against large technology platforms.

  • June 20, 2018

    Jury Tells Simon Property To Pay $2.4M To Ind. Mall Operator

    An Indiana federal jury on Tuesday awarded mall owner Gumwood HP Shopping Partners LP $2.4 million in damages, finding that rival operator Simon Property Group Inc. had engaged in anti-competitive practices that led to Gumwood closing its South Bend-area mall.

  • June 20, 2018

    NCAA Says Transferring Athletes Can Lose Scholarships

    After announcing new athlete-transfer rules last week, the NCAA said Tuesday that Division I colleges can revoke student-athlete scholarships when students ask to be added to a national transfer database that allows competing coaches to contact them.

  • June 20, 2018

    Feds Stuck In The Past On Telecom, FCC's O'Rielly Says

    Federal Communications Commission member Michael O'Rielly blasted U.S. antitrust regulators' "outdated and misguided" view of telecommunications companies, saying Wednesday the successful repeal of net neutrality rules and the now-complete AT&T-Time Warner merger show the government is out of step with market realities. 

  • June 20, 2018

    Data Co. Says SAP Faked Partnership To Steal Trade Secrets

    Data analytics company Teradata Corp. accused SAP in California federal court on Tuesday of stealing trade secrets while collaborating on a joint project and then using that information to develop its own rival database management software.

  • June 20, 2018

    Allergan Denies Delaying Restasis Generic In Bid To Stop MDL

    Allergan Inc. asked a New York federal court to throw out multidistrict litigation over its alleged effort to delay the launch of a generic version of Restasis, the company’s dry-eye medication, saying there’s no evidence its actions caused a generic not to be approved.

  • June 20, 2018

    Bleichmar Fonti To Lead Endo Investors' Par Pharma Suit

    A Pennsylvania federal judge appointed Bleichmar Fonti & Auld LLP as lead counsel in Endo International PLC shareholders' suit claiming the company concealed knowledge of alleged price-fixing by Par Pharmaceutical Holdings Inc. before acquiring the business, finding Tuesday that the firm’s client was best suited to lead the proposed class action.

  • June 20, 2018

    Ex-UBS Trader Can't Slip FCA Ban Despite 'Troubling' Probe

    A U.K. appeals tribunal on Wednesday upheld a Financial Conduct Authority order banning a former UBS AG trader from holding any role in the financial services industry, but warned that it found the regulator’s pursuit of individuals in the Libor manipulation probe “troubling.”

  • June 20, 2018

    EU Says Luxembourg Must Recoup €120M In Tax From Engie

    Luxembourg must recoup €120 million ($139 million) in unpaid taxes from French energy company Engie due to illegal state aid on a tax deal, the European Commission said Wednesday as the company quickly denied the charges and vowed to appeal.

  • June 20, 2018

    NY Hits Deutsche Bank With $205M Fine Over Forex Business

    New York’s banking regulator said Wednesday that Deutsche Bank AG has agreed to pay a $205 million penalty as part of a settlement resolving state banking law violations stemming from an investigation into the German bank’s foreign exchange trading business.

  • June 20, 2018

    EU Clears Cypriot Plan To Fold Bank With €6B In Bad Loans

    The European Commission has approved a Cypriot government plan to inject €3.5 billion ($4 billion) into the country’s second-largest lender to facilitate its liquidation, which will see some of its assets and deposits sold off to fellow national lender Hellenic Bank PCL.

  • June 20, 2018

    Disney Boosts Bid For 21st Century Fox To $71.3B

    The Walt Disney Co. has agreed to raise its offer for the film and television studios of 21st Century Fox to roughly $71.3 billion, according to a Wednesday statement, setting up a potential bidding battle with Comcast.

  • June 19, 2018

    CVS, Aetna 'Deserve Nobel' If Merger Helps Consumers: Prof

    CVS Health Corp.'s planned $69 billion purchase of the insurance giant Aetna Inc. drew criticism from academics testifying Tuesday before the California Insurance Commission, with a Wharton School management professor calling the industry “full of BS” and saying the companies "deserve the Nobel Prize" if they deliver on the benefits they are claiming.

  • June 19, 2018

    Au Pair Wage-Rigging Collective Action Heads For Trial

    A Colorado federal judge refused Tuesday to enter judgment for former au pairs or the sponsoring agencies they accuse of colluding to set low pay rates in a Fair Labor Standards Act collective action, concluding that too many factual disputes remain to close out the case.

  • June 19, 2018

    Dental Startup Beats Big Distributors' False Ad Claims

    A startup dental supply company exaggerated its ability to offer lower prices than two larger distributor rivals, but they didn’t show that consumers would have cared, a New York federal judge ruled Monday in axing the rivals’ claims.

  • June 19, 2018

    Apple Pushes Monopoly Concerns In Qualcomm ITC Fight

    Apple attorneys questioned an expert witness for Qualcomm on the potential competition effects of the chipmaker’s bid to ban Intel-equipped iPhones from the U.S. during a hearing Tuesday at the International Trade Commission, pressing a claim that a ban on imports of the phone could hand Qualcomm monopoly power and push Intel out of 5G development.

  • June 19, 2018

    MasterCard Settles British Airways Swipe Fee Antitrust Row

    MasterCard has managed to resolve one of the myriad antitrust cases against it over its old interchange fees, with the United Kingdom's Competition Appeal Tribunal on Monday tossing a case from British Airways after the two sides came to an undisclosed settlement.

  • June 19, 2018

    DC Circ. Backs Boehringer In FTC Atty-Client Privilege Row

    The D.C. Circuit refused to overturn a ruling that communications subpoenaed from Boehringer Ingelheim Pharmaceuticals Inc. during a Federal Trade Commission pay-for-delay investigation are covered by attorney-client privilege, saying Tuesday one of their main purposes was to get legal advice.

  • June 19, 2018

    Patients Want New Reps In Hospital Price Hike Row

    Hospital patients in an antitrust suit alleging NorthShore University Health System harmed the market for acute-care inpatient services asked an Illinois federal judge to add new proposed class representatives to their case on Monday, saying the substitute plaintiffs better fit the suit’s claims in the wake of the first class being decertified. 

  • June 19, 2018

    Sprint, T-Mobile Officially Ask FCC Permission To Merge

    T-Mobile and Sprint have asked the Federal Communications Commission for permission to combine forces, according to merger documents posted Tuesday.

Expert Analysis

  • Kaepernick Case Raises Arbitrator Subpoena Power Issues

    Gregory Capps

    It has been widely reported that lawyers representing Colin Kaepernick in collective bargaining arbitration proceedings with the NFL may ask the arbitrator to compel President Donald Trump to appear for deposition. The case presents interesting issues about the power of an arbitrator to compel testimony of a nonparty, say attorneys with White and Williams LLP​​​​​​​.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • High Court Answers Appeal Question For Consolidated Cases

    Desiree Moore

    The U.S. Supreme Court's decision in Hall v. Hall is significant because it clarifies that parties have an immediate right of appeal following a final decision in actions consolidated under Rule 42(a). Companies that routinely face consolidation will have to be diligent in taking timely appeals, say Desiree Moore and Daisy Sexton of K&L Gates LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Why FTC Accepted Conduct Remedies In Northrop Deal

    Francesca Pisano

    The Federal Trade Commission’s approval of Northrop Grumman’s bid to buy Orbital ATK shows that, despite a long-standing preference for structural remedies, the FTC is still willing to consider behavioral or conduct remedies to resolve potential concerns associated with vertical mergers, says Francesca Pisano of Arnold & Porter.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • FDA Risk-Evaluation Guidance Unlikely To Help Generics

    Matthew Perez

    The U.S. Food and Drug Administration's new draft guidance intends to address abuse of risk evaluation mitigation strategies. However, unless legislation gives the FDA the ability to force cooperation, gamesmanship in REMS will continue to be a cost of doing business for drug manufacturers, say Gregory Asciolla and Matthew Perez of Labaton Sucharow LLP.