The U.S. Department of Justice will step into court Monday for its first trial challenging an almost purely vertical merger in 40 years, alleging that AT&T’s planned, $85 billion purchase of Time Warner will give AT&T too much power over rival distributors.
Casino operators Penn National Gaming Inc. and Pinnacle Entertainment Inc. disclosed in regulatory filings on Tuesday that the Federal Trade Commission has requested more information about their planned $2.8 billion cash-and-stock tie-up.
Law360 is pleased to announce the formation of its 2018 Competition editorial advisory board.
A Pennsylvania federal judge on Monday ended a suit from Philadelphia cab operators alleging the city’s parking authority unfairly refused to regulate ride-hailing services such as Uber and Lyft, finding the agency's former executive director who was forced out amid a scandal in 2016 was immune from liability.
South Africa’s competition authority has charged Takata Corp. with price-fixing in connection with BMW, Honda and Toyota auto parts contracts, the latest in a string of antitrust cases against the embattled Japanese company around the globe.
Broadcom Ltd. on Wednesday said it will no longer pursue its $117 billion takeover of Qualcomm Inc., ending a four-month struggle between the two sides just days after President Donald Trump blocked the deal on national security grounds.
A London court has ruled that swipe fee claims brought against MasterCard Inc. by a group of European retailers over alleged violation of competition laws must be applied under the national laws of the claimants.
Uber Technologies Inc. criticized 280 Boston taxicab drivers as being unable to admit defeat in the courtroom or on the street, arguing Monday it is “not a mere technical flaw” that the cabbies have, for a second time in their lawsuits, ignored essential elements required to claim Uber engaged in predatory pricing.
Airline passengers accusing a slew of airlines of fixing the price of long-haul flights to Pacific destinations told a California federal judge Tuesday they have agreed to settle with EVA Airways Corp. for $21 million, marking the latest airline to settle out of the sprawling multidistrict litigation.
A D.C. federal judge on Tuesday rejected U.S. Department of Justice arguments that it would be a waste of time to allow AT&T and Time Warner to present evidence of an offer to allow Time Warner’s distributors to invoke binding arbitration at the companies’ imminent merger trial.
DaVita Inc. has received a letter from the Federal Trade Commission seeking more information on the $4.9 billion sale of its independent medical clinic operator to UnitedHealth Group Inc. health services subsidiary Optum Inc. in order to gain regulatory approval, the company said in a filing Tuesday.
The NCAA continues to succeed in litigation challenging its restrictions on college basketball and football players' ability to transfer schools, but experts say there is still pressure to reform what is increasingly seen as a too-harsh system.
The U.S. Securities and Exchange Commission said Monday it would not pursue enforcement action against Comcast Corp. in its recent bid to acquire Sky PLC for $31 billion, saying in a letter the telecom giant had appropriately requested exemptions from certain SEC regulations.
Broadcom's hostile $117 billion takeover campaign for Qualcomm was halted by President Donald Trump due to national security concerns, marking the first time a non-Chinese buyer faced a presidential decision and suggesting that some competition woes worked their way into the interagency committee's analysis. Here, Law360 outlines three major takeaways from the executive order ending the proposed deal.
A Washington federal judge on Monday refused to kill a suit accusing a pair of health care providers of engaging in anti-competitive deals, saying the state has plausibly alleged services agreements between them amount to a horizontal price-fixing agreement.
After a hard-fought battle to dodge Tesla’s subpoenas, the Michigan Automobile Dealers Association must hand over documents about its lobbying efforts supporting a 2014 state ban on car manufacturers selling vehicles directly to consumers, a federal judge ruled Tuesday.
Former Barclays PLC trader Alex Pabon lost his attempt to have a British appellate court toss his conviction for rigging Libor on Tuesday as judges rejected his claim that a key prosecution witness who testified at his trial lacked credibility.
A D.C. federal judge approved the State Teachers Retirement System of Ohio as lead plaintiff in a class action alleging Mallinckrodt PLC executives lied to shareholders about anti-competitive efforts, rejecting another plaintiff's "speculative" allegation that contributions to Ohio's attorney general leaves the pension's legal team vulnerable.
The Supreme Court has taken an antitrust case between a Tesla Inc. unit and an Arizona utility off next week’s oral argument calendar, pushing the hearing to the April session after a possible settlement emerged.
A New York federal judge on Monday denied a bid by several major banks to dismiss a proposed class action accusing them of a conspiracy to rig benchmark foreign exchange rates, finding that the retail foreign currency buyers behind the suit had succeeded in pleading antitrust injury in their third crack at amending their complaint.
A rare pay-for-delay trial kicked off Monday in a Massachusetts federal court with classes of consumers and big retailers such as CVS, Walgreens, Rite Aid and Safeway hammering Impax Laboratories Inc. over claims that it agreed to hold off on launching a generic version of acne medicine Solodyn in exchange for a $40 million payoff.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.