Competition

  • July 11, 2017

    Justice Breyer On The Limits Of Presidential Power

    Justice Stephen Breyer discusses the Supreme Court’s role as a check on executive authority and the global influence on U.S. courts, in the first of two articles based on an exclusive interview with the justice. This is part of a series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 11, 2017

    UBS, HSBC Pen $28M Settlement In Swaps-Rate Class Action

    Banking giants UBS AG and HSBC Bank USA NA have each agreed to pay $14 million to settle class action claims that they participated in a conspiracy with other banks to manipulate a benchmark interest rate used to set terms for swaps transactions.

  • July 11, 2017

    Capacitor Co. To Pay $42M In Price-Fixing Plea Deal

    The U.S. Department of Justice announced Tuesday that Japanese electrolytic capacitor manufacturer Nichicon Corporation will pay $42 million and plead guilty to a felony count in California federal court for its role in a decade-long price-fixing scheme for the circuit board components.

  • July 11, 2017

    FCA Ramp-Up Risks Cooling City Investment By Financial Firms

    The U.K. Financial Conduct Authority’s aggressive pursuit of enforcement investigations amid Brexit negotiations has unsettled City talent and may even deter investment, top white collar attorneys warn, risking further damage to London’s future as a financial center.

  • July 11, 2017

    FTC Appoints Endo Pay-For-Delay Settlement Monitor

    The Federal Trade Commission on Tuesday approved a monitor to oversee future agreements related to Endo Pharmaceuticals’ resolution of agency claims that it used pay-for-delay settlements to block consumers’ access to generic versions of drugs including Lidoderm.

  • July 11, 2017

    Aussie Watchdog Appeals $8.6B Betting Merger’s Approval

    Australia’s top competition authority pushed a court to examine the approval of gambling company Tabcorp Holdings Ltd.’s bid to buy its rival Tatts Group Ltd. for AU$11.3 billion ($8.6 billion) on Monday, saying a tribunal misread the law in greenlighting the deal.

  • July 11, 2017

    Momenta Tells Jury Amphastar Ripped Off Drug Patent

    Drugmaker Momenta Pharmaceuticals Inc. and its partner in developing the first generic of the blood thinner enoxaparin told a federal jury in Boston on Tuesday that rival Amphastar stole its breakthrough testing technology, costing the Massachusetts company nearly $1 billion.

  • July 11, 2017

    Petsmart, Nestle Get Pet Food Antitrust Claims Shredded

    A California federal judge Monday dismissed claims from pet owners alleging retailer PetSmart Inc. colluded with manufacturers such as Nestle Purina Petcare Co. to fix prices on prescription pet food by requiring a veterinarian’s authorization to purchase the food.

  • July 10, 2017

    Perkins Coie Snags DOJ Vet Who Helmed Anthem Challenge

    Perkins Coie LLP bolstered its antitrust ranks Monday with the addition of partner Jon Jacobs, an experienced U.S. Department of Justice litigator who recently served as lead trial counsel in the successful challenge to the $54 billion merger between Anthem and Cigna.

  • July 10, 2017

    MLB Points To Win Over Minor Leaguers In Scouts' Appeal

    Faced with a Second Circuit appeal by scouts who say Major League Baseball unlawfully suppresses their wages, the league on Friday pointed to a ruling last month by the Ninth Circuit upholding a nearly century-old baseball antitrust exemption, arguing the exclusion of the pay claims by minor league ballplayers, in that case, shows that the scouts’ claims should similarly be dismissed.

  • July 10, 2017

    Retailers Ask High Court To Flip AmEx Anti-Steering Ruling

    A retail advocacy group, Southwest Airlines Inc. and Discover Financial Services are among the voices that have chimed in asking the U.S. Supreme Court to review a Second Circuit decision letting American Express Co. levy rules on merchants, saying those rules are harmful to consumers and retailers alike.

  • July 10, 2017

    Morgan Lewis Lands Eckert Seamans Atty In Pittsburgh

    Morgan Lewis & Bockius LLP announced Monday that it has landed a former leader of the product liability and life sciences groups at Eckert Seamans Cherin & Mellott LLC — who handles competition, intellectual property and other contractual disputes — to serve as a partner in its Pittsburgh office.

  • July 10, 2017

    Portugal Antitrust Watchdog Latest To Raid Insurance Sector

    Portugal's competition enforcer confirmed Saturday it had opened an investigation into the insurance sector with dawn raids at four companies, the latest in a string of European antitrust probes targeting the industry.

  • July 10, 2017

    Merger Of CenturyLink, Level 3 Gets More State Nods

    The states of Alaska, Colorado, Pennsylvania and New York have approved CenturyLink Inc.’s agreement to buy local exchange carrier and fiber optic internet provider Level 3 Communications Inc. for roughly $34 billion, bringing the total number of states and territories backing the deal to 21, CenturyLink said Monday.

  • July 10, 2017

    US Merger Investigations Continue To Drag On, Study Finds

    Significant merger enforcement investigations in the U.S. continued their recent trend of taking longer to reach an end, increasing to an average of more than one year, while enforcement activity dropped off slightly in the first half of 2017, according to a report released Monday.

  • July 10, 2017

    News Cos. Want Antitrust Pass To Confront Google, Facebook

    A trade association representing news organizations such as The New York Times, the Washington Post and the Wall Street Journal on Monday asked Congress to grant an antitrust exemption to allow publishers to collectively negotiate with Google Inc. and Facebook Inc. over the display of online news content.

  • July 7, 2017

    FanDuel, DraftKings Can’t Send Merger Challenge To Boston

    A D.C. federal judge on Friday refused to transfer the Federal Trade Commission’s challenge of a proposed tie-up between DraftKings Inc. and FanDuel Inc., rejecting the daily fantasy sports operators’ arguments that it would be easier to send the spat to Boston.

  • July 7, 2017

    Broker Who Copped Plea In $131M Stock Scam Gets 1.5 Years

    A Florida stockbroker who pled guilty to securities fraud last year for helping pump up the value of LED lighting company ForceField Energy Inc. in a scam that allegedly cost investors $131 million was sentenced to 18 months in prison by a New York federal judge on Friday.

  • July 7, 2017

    Tough EU Benchmarking Rules To Test Compliance Teams

    British regulators are gearing up to implement a sweeping new European Union law designed to restore faith in financial benchmarks following multiple high-profile scandals, and attorneys say the untested regime will put compliance units under enormous pressure.

  • July 7, 2017

    Apotex, Ranbaxy End Pay-For-Delay Suit Over Narcolepsy Med

    A Pennsylvania federal judge on Friday ended Canadian pharmaceutical company Apotex’s pay-for-delay suit accusing generic-drug maker Ranbaxy of violating antitrust laws by accepting a settlement with Cephalon that improperly delayed generic alternatives to the narcolepsy medication Provigil from entry into the market.

Expert Analysis

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Series

    Leegin's 10-Year Checkup: No Big Changes In The Marketplace

    Michael Lockerby

    The experience of the past decade simply has not borne out the U.S. Supreme Court dissent’s prediction that Leegin “will likely raise the price of goods at retail” and “create considerable legal turbulence as lower courts seek to develop workable principles,” says Michael Lockerby, co-leader of Foley & Lardner LLP's distribution and franchise practice group.

  • China’s Fair Competition Review System, 1 Year Later

    Shelley Zhang

    China’s June 2016 resolution to create a more market-oriented economy encouraging fair competition has started to materialize. However, discord exists among the local government implementation efforts, say Shelley Zhang and Lingren Meng of Orrick Herrington & Sutcliffe LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Series

    Leegin's 10-Year Checkup: US Influence On RPM Overseas

    oliver_geoff_jonesday.jpg

    In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.

  • Why Amazon's Whole Foods Buy Is Likely To Be Cleared

    Lisl Dunlop

    Given Whole Foods' relatively small presence in the grocery industry, the idea that this deal gives Amazon an unfair advantage in either the physical or online market appears overblown. Equally overblown appear to be concerns that the transaction will result in buyer power, says Lisl Dunlop of Manatt Phelps & Phillips.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Series

    Leegin's 10-Year Checkup: State RPM Rules Vs. Federal Rule

    Michael Lindsay

    Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.