Competition

  • February 20, 2018

    Judge Transfers Storage War Over Search Engine Optimization

    A federal judge in Massachusetts on Tuesday kept alive, but transferred to Texas, a small storage facility’s claim that misleading website URLs undercut state and federal antitrust and trademark laws for an edge in Google search results.

  • February 20, 2018

    Traffic Ticket Firm Seeks Sanctions For $11M Antitrust Suit

    A traffic ticket law firm asked a Florida federal court Monday to sanction traffic ticket services startup TIKD for filing an $11.4 million antitrust lawsuit against the firm and The Florida Bar, calling the case an effort to “try to legitimize its own unlicensed practice of law.”

  • February 20, 2018

    Ex-UBS Trader Gets Spoofing, Fraud Counts Nixed Over Venue

    A Connecticut federal judge on Monday axed the criminal spoofing and commodities fraud counts facing a former UBS AG trader accused of scheming to manipulate the precious metals market, blasting the government’s handling of the case and refusing to scrap its remaining conspiracy charge in order to let federal prosecutors have a mulligan.

  • February 20, 2018

    Au Pair Cos. Seek Quick Win In Wage-Fixing Suit

    A slew of au pair companies urged a Colorado federal judge Friday to rule in their favor in a class action brought by tens of thousands of au pairs accusing them of conspiring to set unreasonably low pay rates for program participants, saying they were complying with regulatory requirements.

  • February 20, 2018

    6th Circ. Will Hear Objections To $40M Deals In Car Parts MDL

    A Sixth Circuit panel on Friday swatted down efforts by a group of vehicle buyers to quash objections to $40 million in settlements in antitrust multidistrict litigation against a pair of auto parts companies. 

  • February 20, 2018

    High Court Won't Hear Lipitor, Effexor Pay-For-Delay Appeals

    The U.S. Supreme Court on Tuesday declined to hear appeals from Pfizer Inc. and Teva Pharmaceuticals in their bids to duck claims they participated in schemes to delay generic forms of cholesterol drug Lipitor and antidepressant medication Effexor XR, respectively.

  • February 20, 2018

    PE-Backed Grocery Giant Albertsons Plans To Buy Rite Aid

    Private equity-backed grocery giant Albertsons on Tuesday unveiled plans to snap up Rite Aid, giving the pharmacy chain a new merger partner after its planned $17.2 billion takeover by Walgreens was scrapped for a smaller store sale amid regulatory pushback.

  • February 20, 2018

    Enviros Urge High Court To Nix Utility's Immunity Bid

    An Arizona utility shouldn't be allowed to claim state-action immunity in order to evade a suit lodged by a Tesla Inc. unit claiming the utility is illegally maintaining its monopoly through rules that squeeze out rooftop solar power, environmental groups told the U.S. Supreme Court on Tuesday.

  • February 20, 2018

    UK Brexit Chief Backs Cooperation On State Aid, Competition

    The U.K.'s chief Brexit negotiator on Tuesday signaled the country's support for pan-European state aid and merger control rules, positing competition and high regulatory standards as key to Britain's future relationship with the European Union.

  • February 20, 2018

    Momofuku Wants Early Out In No-Tipping 'Conspiracy' Suit

    David Chang, the celebrity chef behind Manhattan’s Momofuku Noodle Bar, has attempted to exit a suit alleging a slew of restaurants implemented a no-tipping policy in a “conspiracy” to overcharge consumers, arguing in California federal court he did not attend the meeting where the alleged conspiracy took place.

  • February 16, 2018

    IPhone Buyers Lose Cert. Bid In AT&T Exclusivity Fight

    A California federal judge has declined to certify a class of iPhone buyers who allege Apple Inc. violated antitrust laws by locking them into voice and data plans with AT&T, finding Friday the consumers’ damages expert’s report lacked "any data-driven analysis.”

  • February 16, 2018

    Allergan, Others Cough Up $9M In Product-Hopping Suit

    Allergan Inc., Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. have agreed to pay Hartig Drug Co. Inc. $9 million to end a putative class action alleging product-hopping over eye care products Zymar and Zymaxid, according to documents filed Friday in Delaware federal court.

  • February 16, 2018

    DOJ Resists AT&T Request For Evidence Of Trump’s CNN Ire

    President Donald Trump’s tirades against CNN on and off the campaign trail have nothing to do with the U.S. Department of Justice’s lawsuit opposing AT&T’s proposed $85 billion purchase of CNN parent Time Warner, a DOJ attorney said Friday in fighting the distracting “sideshow” of discovery into the matter.

  • February 16, 2018

    Jones Day Competition Head Moves To Skadden

    Skadden Arps Slate Meagher & Flom LLP has reportedly poached Jones Day’s Washington-based global antitrust and competition practice head, David Wales.

  • February 16, 2018

    UK Appeals Court Revives Suit Alleging Global LCD Cartel

    The Court of Appeals of England and Wales Friday revived cartel allegations against LG Electronics, Samsung and Philips, saying plaintiffs in the suit can show U.K. jurisdiction by demonstrating the alleged cartel had “substantial effects” inside the European Union.

  • February 16, 2018

    US Hits Back At AmEx In High Court Steering Rules Case

    The U.S. government criticized American Express Co. on Thursday for defending contract provisions that prevent merchants from steering customers to other credit cards, in a closely watched antitrust case before the U.S. Supreme Court.

  • February 16, 2018

    Momenta, Sandoz Can't Nix Drug Antitrust Suit, Court Told

    A Tennessee hospital urged a federal court Thursday to keep its antitrust lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. alive because a related challenge to a Momenta patent is ongoing.

  • February 16, 2018

    Boston Grocers Seek Conditional Cert. In Antitrust MDL

    Two Village Market companies have asked a Minnesota federal court to conditionally certify a class of 51 grocers in the Boston area in antitrust multidistrict litigation claiming that Supervalu and C&S Wholesale Grocers Inc. agreed not to compete with each other for customers in certain states.

  • February 16, 2018

    Topgolf tells 5th Circ. Rival Can’t Pursue Future Claims

    Topgolf International Inc., which operates more than two dozen combined driving ranges and restaurants, asked the Fifth Circuit to affirm a district court's ruling in an antitrust suit alleging it acquired a software provider used by a competitor and may not renew the services contract when it expires, telling the court the claims cannot be brought because they are speculative.

  • February 16, 2018

    Couche-Tard Wins FTC OK For Holiday Buy With Store Sales

    The Federal Trade Commission has approved a deal that will see Canadian gas station and convenience store operator Alimentation Couche-Tard Inc. sell 10 locations in Minnesota and Wisconsin to assuage antitrust concerns over the company’s acquisition of Midwestern competitor Holiday Stationstores Inc. and affiliates, the agency said Friday.

Expert Analysis

  • 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.

  • An Overdue Re-Examination Of Antitrust Policy Toward SEPs

    David Teece

    Assistant Attorney General Makan Delrahim's recent speech on antitrust issues regarding standards development and patents implicating standards is promising in that, for the first time in a while, we might have an authentic innovation champion at the U.S. Department of Justice, say David Teece of Berkeley Research Group LLC and Edward Sherry of Expert Research Associates Inc.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Possible Turning Point For Resale Price Maintenance In China

    Huang Wei

    Recently, for the first time ever, a court in China directly and explicitly held that the enforcement approach adopted by the Chinese antitrust enforcement agencies toward resale price maintenance practices is consistent with laws, say attorneys with Tian Yuan Law Firm.