Makan Delrahim’s confirmation as head of the U.S. Department of Justice’s Antitrust Division comes with several major mergers up for review and politicians clamoring for stepped-up enforcement, and the decisions made on these deals could shed light on the direction and posture of the division going forward. Here, Law360 takes a look at some of the transactions waiting on Delrahim's desk.
The Federal Trade Commission has asked for more information about Conagra Brands' plan to sell its Wesson cooking oil line to J.M. Smucker for $285 million, according to Conagra.
The NCAA said Wednesday it might overhaul a Division I transfer policy that has been the subject of multiple antitrust suits, potentially preventing coaches and colleges from restricting financial aid to student-athletes who switch schools.
The Judicial Panel on Multidistrict Litigation on Wednesday centralized at least 24 actions in California federal court that accuse German carmakers of colluding for decades on vehicle technology, rejecting proposals to move the litigation to Florida or New Jersey.
Germany’s Linde AG again called on investors to tender their shares ahead of an upcoming deadline for its planned merger with Connecticut-based Praxair Inc., as the companies look to create a gas giant worth $70 billion in a deal facing scrutiny from antitrust regulators, according to a Wednesday regulatory filing.
The Washington Legal Foundation on Wednesday urged the full Eleventh Circuit to rethink a panel's decision reviving lawsuits by auto body shops that say State Farm and other insurers conspire to manipulate car repair costs and blacklist those that refuse to go along, saying the ruling would make it easier to press meritless antitrust claims.
LinkedIn Corp. asked the Ninth Circuit on Tuesday to nix a lower court’s preliminary injunction allowing a startup to scrape information from the networking site's public profiles, arguing antitrust laws don’t require it to give another company a “free ride” on its work, and that doing so would violate the Computer Fraud and Abuse Act.
A former HSBC Bank PLC foreign currency exchange trader gave a detailed account on Wednesday of the collusion between banks that antitrust prosecutors claim was used to rig currency markets, as the government’s case in the trial of former HSBC executive Mark Johnson nears its end.
A Massachusetts state court has upheld a record $2.6 million fine leveled by the state’s Alcoholic Beverages Control Commission against a beer distributor that paid bars to carry its brews in violation of pay-to-play regulations.
The number of mergers reported to U.S. watchdogs last fiscal year increased by 1.7 percent over the prior year to 1,832, according to a report released Wednesday by the Federal Trade Commission and the U.S. Department of Justice's Antitrust Division.
A potential class of health benefit plans told the Fourth Circuit on Tuesday that they’re allowed to sue Pfizer Inc. over the tactics it allegedly used to get a patent for the inflammation medication Celebrex, as even though they’re indirect purchasers, their states have an exception allowing them to bring antitrust suits.
The European Commission took Ireland to court on Wednesday for failing to collect €13 billion ($15.3 billion) in back taxes from Apple more than a year after the antitrust enforcer concluded the iPhone maker had illegally benefited from special treatment.
A Florida federal judge Wednesday reversed a magistrate judge's order and allowed Tyson Foods Inc. to transfer an antitrust suit from Florida to Illinois, saying the magistrate judge misapplied multidistrict litigation rules.
A North Dakota federal judge on Tuesday dismissed an oil-services company's case against an insurer over underlying unfair-competition claims from a rival, saying the company and an executive were not insured.
Corruption’s ill effects on competition and general economic prosperity give antitrust enforcers an important role to play in protecting the public from bribery and other crimes, and preserving its trust, a top official with the U.S. Department of Justice said Tuesday.
A Texas federal judge has allowed an antitrust suit brought by a remote allergy services provider against an allergy advocacy group and an allergy test maker to proceed to trial, ruling that the evidence did not support counterclaims or efforts to have the case tossed.
Financial technology company TrueEx LLC, which has accused interest rate swap trading company MarkitServ Ltd. of having a monopoly on the processing service industry, is impeding experts’ time to analyze data by not cooperating with document requests, MarkitServ argued in New York federal court on Tuesday.
The U.S. Department of Justice on Monday urged the full Second Circuit to rehear a three-judge panel's ruling reversing two former Rabobank traders' Libor-rigging convictions, saying it has “already elected to forgo worthy cross-border investigations” because of the July ruling.
Regulatory changes that are helping technology firms make advances to compete in the payments sector also present a significant threat to bank business models, a new report cautions.
The European Commission ordered Luxembourg on Wednesday to recover €250 million ($294 million) in corporate income taxes from Amazon, finding that a tax ruling the country granted the retail giant amounted to anti-competitive state aid.
An executive for Cairn Energy PLC told a Brooklyn federal jury Tuesday that he didn’t suspect HSBC traders were lying to him when they said a Russian bank’s trading had caused the Scottish oil and gas developer’s $3.5 billion foreign exchange transaction to go south and noted that Cairn took legal action only after a top HSBC trader was arrested.
As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.
It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.
Very few merging firms have been successful in invoking the "failing firm" defense before the federal antitrust agencies. Two recent cases — one in health care and one in the waste disposal industry — provide insights into using the defense in practice, say Lisl Dunlop and Shoshana Speiser of Manatt Phelps & Phillips LLP.
With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.
Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.
Although they may not have the shareholder base that public companies do, private companies have owners, investors and other stakeholders — and their directors and officers could be targeted in a variety of lawsuits based on management actions, say specialists with Marsh LLC and attorneys with Akin Gump Strauss Hauer & Feld LLP.
Qualcomm’s position outside of the court has largely been to defend its licensing practices rather than to deny the Federal Trade Commission's accusations. But the California federal judge's recent order denying the motion to dismiss amounts to agreeing that Qualcomm’s behavior, as alleged by the FTC, would be anti-competitive if true, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.
At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.
In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.
There is an Obama antitrust legacy of aggressive enforcement, particularly on mergers, but this legacy is mostly ignored. The antitrust bar should care about this oversight, says Kelsey Shannon of the Lynn Law Firm.