Competition

  • July 18, 2017

    Apple Pulled Into Qualcomm Royalty Row With IPhone Makers

    Foxconn and other iPhone manufacturers on Monday brought in Apple Inc. as another defendant in Qualcomm Inc.’s suit seeking royalty payments from them for its cellular technology license agreements in California federal court, saying they had been caught in the middle of a sprawling patent and antitrust dispute between the two tech giants.

  • July 18, 2017

    Waste Co. Deal Block Shows Pitfalls Of Failing Firm Defense

    Last month, a Delaware federal judge spiked the $367 million merger of rival nuclear waste processing companies that had been challenged by the U.S. Department of Justice, and her recently unsealed opinion underscores the inherent difficulty in raising the so-called failing firm defense to salvage a transaction.

  • July 18, 2017

    Class Attys Seek $20M In Fees In Merck Pay-For-Delay MDL

    Attorneys representing direct purchasers of potassium supplements on Monday asked for a third of the $60.2 million settlement ending claims Merck & Co. Inc. and Upsher-Smith Laboratories Inc. engaged in a pay-for-delay scheme, saying a $20 million share was fair compensation after more than 16 years of litigating the landmark case.

  • July 18, 2017

    Music Downloaders Denied Class Cert. In Price-Fixing MDL

    A Manhattan federal judge on Tuesday dealt a blow to consumers who claim that Sony BMG Music Entertainment and other record labels conspired to fix the price of music downloads, denying their bids to create a nationwide class to block alleged antitrust violations and damages classes across nine states.

  • July 18, 2017

    Scouts Say 9th Circ. Minor Leaguer Ruling Doesn't Apply

    Major League Baseball scouts on Monday disputed the relevance of a recent Ninth Circuit holding dismissing minor league ballplayers’ wage claims under a long-held baseball antitrust exemption, telling the Second Circuit that despite similarities in their claims, that ruling has nothing to do with baseball scouts since scouts are not involved in the business of baseball.

  • July 17, 2017

    EU Approves Priceline's $550M Buy Of Online Travel Rival

    The European Union’s antitrust regulator said Monday it has unconditionally approved U.S. online travel company The Priceline Group’s $550 million acquisition of its rival Momondo Group under the EU’s merger regulation, concluding that the deal will raise no competition concerns in the European Economic Area.

  • July 17, 2017

    UFC Blasts Emergency Doc Bid In Fighters’ Antitrust Suit

    The UFC urged a Nevada federal court Friday to reject a bid by mixed martial arts fighters to force the production of purportedly privileged documents in an antitrust suit against the organization, arguing it has already reviewed thousands of documents at the fighters’ request.

  • July 17, 2017

    2nd Circ. Upholds Publishers' Win In E-Book Antitrust Rows

    The Second Circuit on Monday confirmed an early win for five major publishing companies in a pair of cases accusing them of conspiring to fix prices on electronic books sold by Apple Inc., saying the independent e-book retailers who sued the publishers were not harmed by their actions.

  • July 17, 2017

    UK Forex Traders Plead Not Guilty To US Rigging Charges

    Three British former foreign exchange traders who waived extradition from the United Kingdom pled not guilty in a New York federal court Monday to conspiring to fix the price of U.S. dollars and euros in the foreign currency exchange spot market.

  • July 17, 2017

    Banks Say Bond-Rig Claims Are Too Narrow, Vague To Survive

    Some of the world's top banks asked a New York federal court on Friday to kill a potential class action that accuses them of rigging the $960 billion market for so-called SSA bonds, saying the case has little to do with the U.S. and is built around a mere "handful" of bonds that the plaintiffs might not have even traded.

  • July 17, 2017

    DraftKings, FanDuel Can Focus On DFS Legalization Post-Deal

    Daily fantasy operators DraftKings and FanDuel last week backed out of a planned merger amid a potential antitrust challenge, a move experts called smart as it will allow the companies to focus on one of their main goals: promoting the expansion of legalized daily fantasy contests.

  • July 17, 2017

    EU Says Teva, Cephalon Deal Violated Antitrust Rules

    A 2005 deal between Israeli generic-drug maker Teva and its subsidiary Cephalon to keep a generic version of narcolepsy drug Provigil off the market unlawfully restricted competition in Europe, antitrust watchdogs alleged on Monday.

  • July 17, 2017

    Qualcomm Asks To Halt Int'l Suits In Apple's Royalty Row

    Qualcomm Inc. asked a California federal judge on Friday for an injunction against Apple Inc. to stop the tech giant from pursuing litigation against it across three continents, saying Apple's efforts "to maximize its chance of getting a favorable ruling" are opportunistic.

  • July 17, 2017

    Qualcomm Ordered To Turn Over Info In EU Antitrust Probe

    Qualcomm Inc. must respond to a request by the European Commission for more information in its antitrust investigation into allegations the company forced competitor Icera Inc. out of the market by selling chipsets below cost, a European Union court has ruled.

  • July 17, 2017

    FCA Launches Probe Into £592B UK Online Investment Market

    The Financial Conduct Authority is to investigate Britain’s £592 billion ($774 billion) market in investment platforms after it found a lack of competition and poor value for money in the country’s asset management sector.

  • July 14, 2017

    Regulators Told To Act On Firms Exploiting Consumer Loyalty

    A major U.K. consumer protection group on Monday called for competition authorities to take “robust and effective action” against banks and insurers that exploit customers with obscure or misleading products and prices.

  • July 14, 2017

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2017, our list of 156 attorneys under 40 whose legal accomplishments transcend their age.

  • July 14, 2017

    HP Fights To Toss Ink Cartridge Monopoly Class Action

    HP Inc. urged a California federal judge Friday to toss a consolidated proposed class action alleging it attempted to monopolize the printer ink market by using a firmware update to prevent HP printers from accepting third-party ink cartridges, arguing that it doesn’t have a legal obligation to ensure its printers use other companies' cartridges that infringe HP's intellectual property rights.

  • July 14, 2017

    Objector To NJ Bid-Rigging Deal Must Pay Bond, Class Says

    A class member unhappy with a $9.6 million settlement in a criminal New Jersey tax lien bid-rigging scandal cannot avoid paying a bond while she appeals the deal’s approval, the class plaintiffs told a Garden State federal judge Friday.

  • July 14, 2017

    Origin Faces Stepped-Up UK Antitrust Probe Over Bunn Buy

    The U.K.’s competition watchdog said Friday that Origin Enterprises PLC’s £14.2 million ($18.6 million) planned acquisition of Bunn Fertiliser Ltd. is likely to hinder competition to supply fertilizers in Scotland, giving the agri-services group a week to come up with an acceptable fix.

Expert Analysis

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • The Walgreens-Rite Aid Combination: Act 2

    Randy Gordon

    The recent recasting of the proposed Walgreens-Rite Aid merger as a partial acquisition shows that it’s possible to achieve business goals through alternative means. That is, antitrust problems that often bedevil large-scale mergers can be elided through the use of less ambitious plans, says Randy Gordon, chairman of the antitrust and trade regulation group at Gardere Wynne Sewell LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • Morrison's Impact On Commodity Exchange Act Claims

    Karen Hoffman Lent

    The Southern District of New York's recent decision in North Sea Brent Crude Oil Futures Litigation, together with the Second Circuit's decision in Loginovskaya, makes clear that Morrison presents a daunting obstacle to private Commodity Exchange Act claims that involve some element of foreign conduct, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • Opinion

    Meritless FTC Case Against Qualcomm Will Harm Consumers

    James Skyles

    With its complaint earlier this year against Qualcomm, the Federal Trade Commission is in danger of intervening on behalf of business interests, not those of consumers, and compromising protections for innovations and technological breakthroughs, says James Skyles, founder of Skyles Law Group LLC.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.