• March 14, 2018

    FTC Wants More Info On $2.8B Casino Merger

    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.

  • March 14, 2018

    Law360's Competition Editorial Advisory Board

    Law360 is pleased to announce the formation of its 2018 Competition editorial advisory board.

  • March 14, 2018

    Ex-Philly Parking Head Immune In Uber Regulations Suit

    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.

  • March 14, 2018

    Takata Hit With Price-Fixing Charges By South Africa

    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.

  • March 14, 2018

    Broadcom Ends Pursuit Of Qualcomm Following Trump Block

    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.

  • March 14, 2018

    National Laws Apply To EU Swipe Fees Battle, UK Court Rules

    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.

  • March 13, 2018

    Uber Says Taxis Just Mad They Lost Industry 'Stranglehold'

    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.

  • March 13, 2018

    EVA Airways Settles Price-Fixing Class Action For $21M

    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.

  • March 13, 2018

    DOJ Can’t Block AT&T, Time Warner Arbitration Evidence

    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.

  • March 13, 2018

    FTC Seeks More Info On DaVita's $4.9B Sale to Optum

    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.

  • March 13, 2018

    NCAA Transfer Rule Ripe For Reform Despite Court Success

    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.

  • March 13, 2018

    Comcast Gets SEC Blessing For Sky Share Buyout Plan

    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.

  • March 13, 2018

    3 Takeaways From Broadcom's Blocked $117B Qualcomm Bid

    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.

  • March 13, 2018

    Wash. Health Care Price-Fix Suit Survives Dismissal Bid

    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.

  • March 13, 2018

    Mich. Auto Dealers Must Give Tesla Info On Lobbying Efforts

    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.

  • March 13, 2018

    Ex-Barclays Trader Loses Appeal Of Libor-Rigging Conviction

    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.

  • March 12, 2018

    Ohio Pension OK'd To Lead Investors Against Mallinckrodt

    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.

  • March 12, 2018

    Justices Delay Oral Arguments In Tesla Unit's Antitrust Fight

    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.

  • March 12, 2018

    Big Banks Can't Escape Currency Buyers' Forex Antitrust Suit

    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.

  • March 12, 2018

    $40M Acne Med Pay-For-Delay Trial Kicks Off In Boston

    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.

Expert Analysis

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    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.

  • CFIUS Scrutiny Of Foreign Acquisitions Intensifies

    John Barker

    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.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    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. ​

  • 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.