Competition

  • 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.

  • July 14, 2017

    Ohio State In Bed With Nike, Honda On Player IP, Suit Says

    Ohio State University and sports marketing company IMG College were hit Friday with antitrust class claims of conspiring with Nike and Honda to deny compensation to the school's former football players for use of their likenesses.

  • July 14, 2017

    Calif. AG Denied Temp Block Against Valero Terminal Buy

    A California federal judge has denied a bid by the state attorney general to temporarily block Valero Energy Corp. from purchasing two San Francisco-area petroleum storage and distribution terminals owned by Plains All American Pipeline LP.

  • July 14, 2017

    Consumer Groups Urge Caution On AT&T, Time Warner Deal

    More than a dozen consumer advocacy groups on Thursday urged Attorney General Jeff Sessions to thoroughly review AT&T’s proposed $85 billion acquisition of Time Warner, cautioning that the deal would be harmful to consumers by stifling innovation and raising prices.

  • July 14, 2017

    Lloyds Bank Slapped With Another Libor Swap Misselling Suit

    Lloyds Banking Group PLC has been hit with a new swaps misselling claim linked to Libor rigging, filed at London’s High Court by the director of a Yorkshire-based property firm who alleges the bank breached contract terms that pushed the company into administration.

Expert Analysis

  • 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.

  • Early Lessons From The DOJ Auto Parts Investigation

    Jon Tomlin

    Over the past six years, the U.S. Department of Justice has announced a steady flow of guilty pleas for price-fixing of automotive parts in what has been called the largest criminal antitrust investigation in U.S. history. The information contained in plea agreements reached thus far offers a “sneak peek” into what future economic research may reveal, say Jon Tomlin and Chris Ring of Navigant Consulting Inc.

  • An Antitrust Reminder For Membership Organizations

    Brian Schneider

    A class of plaintiffs succeeded last month in persuading a New Jersey federal court that trade and professional associations may violate the antitrust laws by tying benefits to membership. While the dominance of the American Osteopathic Association may be unique, the decision presents considerations for other membership associations, say Brian Schneider and Andrew Murad of Arent Fox LLP.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.