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Competition

  • October 12, 2018

    DOJ Says AT&T Can't Fix District Court's Errors

    The U.S. Department of Justice on Thursday continued its bid to revive its challenge of AT&T Inc.'s purchase of Time Warner Inc., telling a D.C. Circuit panel that the company can't fix the economic and logical errors made by the lower court judge.

  • October 12, 2018

    FTC Accuses Dental Supply Cos. Of Refusing Discount Sales

    The Federal Trade Commission on Tuesday accused three dental supply companies of conspiring through email and in-person communication to refuse to offer discounts to buying groups on the ground that the groups could cut into the companies’ profit margins.

  • October 12, 2018

    Can The DOJ Speed Merger Reviews? It’s Tried Before

    Antitrust experts are cautiously optimistic when it comes to the U.S. Department of Justice Antitrust Division’s latest plan to speed merger reviews — with good reason.

  • October 12, 2018

    Cabela's Tries To Stop Ex-Employees' E-Commerce Startup

    Sporting goods retailer Cabela’s told a Delaware Chancery Court judge in a brief made public late Thursday that a group of former employees should be stopped from launching a new online retail enterprise because it violates their employment agreements.

  • October 12, 2018

    FTC Knocks Nokia's Stance Against Cellphone Part Licensing

    Qualcomm Inc. must license its patented cellphone components under its obligations with standard-setting groups, contrary to arguments Nokia made backing Qualcomm in an ongoing antitrust suit, the Federal Trade Commission told a California federal judge Thursday.

  • October 12, 2018

    Drywall Cos. In Price-Fixing MDL Still Face Bid For Quick Win

    A Pennsylvania federal judge on Thursday ruled that a year-old appellate antitrust decision doesn’t force him to rethink denying a summary judgment motion in the last case in long-running multidistrict litigation over price-fixing allegations regarding domestic drywall, tossing one of two motions lobbed by construction product suppliers in the case. 

  • October 12, 2018

    EVA, Others To End Trans-Pacific Price-Fix Row For $50M

    A California federal judge granted final approval of settlements with EVA Airways Corp., Philippine Airlines Inc., Air New Zealand Ltd. and China Airlines Ltd. that will require the carriers to pay more than $50 million to resolve their part of multidistrict litigation alleging that major airlines conspired to fix the prices of trans-Pacific flights.

  • October 12, 2018

    Ranbaxy Abused 'First-To-File' For Heartburn Treatment: Suit

    Defunct Indian pharmaceutical company Ranbaxy Laboratories Ltd. lied to the U.S. Food and Drug Administration and unfairly blocked other generic forms of the heartburn treatment Nexium in order to gain "first-to-file" exclusivity, according to a proposed class action filed Thursday in Massachusetts federal court by supermarket chain Meijer Inc.

  • October 11, 2018

    Impax Reverse Payment About Dodging Competition, FTC Told

    Federal Trade Commission staff attorneys urged the commission in oral arguments Thursday to revive a pay-for-delay case against Impax over the opioid pain medication Opana ER, arguing that brandmaker Endo Pharmaceuticals Inc.’s payment of more than $100 million to the generics company was meant to avoid competition.

  • October 11, 2018

    Stars Group Gets Greenlight For $4.7B Sky Betting Buy

    United Kingdom antitrust authorities on Thursday announced they had cleared Canadian gaming company Stars Group Inc.’s $4.7 billion purchase of Sky Betting & Gaming from CVC Capital Partners, creating what has been billed as the world’s largest publicly listed online gaming company.

  • October 11, 2018

    Vehicle Registration Co. Must Show Docs In Antitrust MDL

    An Illinois federal judge has refused to quash a digital registration company's request for discovery from a vehicle information services firm in antitrust multidistrict litigation, saying the pretrial process shouldn't stop just because the case might eventually get dismissed.

  • October 11, 2018

    Atlantic Air Travel Agreement Faces UK Antitrust Review

    The United Kingdom's Competition and Markets Authority said Thursday it has launched an investigation into a partnership covering trans-Atlantic air routes between American Airlines, British Airways, Iberia and Finnair, in advance of the 2020 expiration of European Union regulatory requirements on the partnership.

  • October 11, 2018

    Grassley Seeks FTC Probe Of Hospital, Insurer Contracts

    The Federal Trade Commission should immediately look into allegations that hospitals are driving up health care costs by nailing down anti-competitive, high-price contracts with insurers, Senate Judiciary Chairman Chuck Grassley, R-Iowa, told the agency Wednesday.

  • October 11, 2018

    HTC Told To Reveal Google Transaction Records To Ericsson

    HTC must hand over records of a Google transaction in its lawsuit accusing Ericsson of overcharging for aging standard-essential patents, after a judge said the information may aid Ericsson's counterclaims accusing the Taiwanese smartphone maker of offering unfair licensing rates.

  • October 11, 2018

    5G Boost From T-Mobile Merger Said To Benefit Taxpayers

    A national tax reform group has endorsed the proposed merger of Sprint Corp. and T-Mobile US Inc., telling the Federal Communications Commission that combining the telecoms will help them roll out 5G networks and save taxpayers money by reducing subsidies.

  • October 11, 2018

    UK Watchdog Orders Breakup Of Laundry Co. Merger

    The United Kingdom’s competition watchdog said Thursday that a recent merger between laundry companies must be broken up because it has reduced competition for the supply of managed laundry services to higher education providers.

  • October 11, 2018

    Court Urged To Decertify Class In Hospital Price Hike Row

    NorthShore University HealthSystem has again sought class decertification in an antitrust suit accusing it of harming the market for acute-care inpatient services, saying the latest class representative doesn’t pass muster.

  • October 11, 2018

    Blue Cross Insurer, LabCorp Beat STD-Testing Antitrust Suit

    A Pennsylvania federal judge has dismissed an antitrust suit brought by a lab testing company that alleged Independence Blue Cross and LabCorp worked together to eliminate competition for testing of sexually transmitted diseases in the state, saying that a contractual obligation is not an antitrust violation.

  • October 11, 2018

    AmEx Aims To Toss Amended Claims In Card-Steering Row

    American Express asked a Brooklyn federal court Thursday to toss multidistrict litigation accusing the company of violating antitrust law by preventing merchants from steering their customers toward competing cards, saying the vendors have failed to state a claim in an amended complaint and that their allegations are otherwise barred for various reasons.

  • October 10, 2018

    Abuse Scandals May Put Olympic Antitrust Immunity In Doubt

    A senator's threat last week to look into stripping the U.S. Olympic Committee of its antitrust protection if it fails to reform amid a series of sexual abuse scandals could upend the way U.S. Olympics sports have been organized and funded for decades.

Expert Analysis

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Structuring Investigations In Light Of UK Privilege Case

    Mark Beeley

    The English Court of Appeal's much-anticipated decision in Eurasian Natural Resources Corporation means that companies will continue to face difficulties in obtaining the information they need to investigate suspected wrongdoing, without losing the benefit of legal advice privilege under English law, say Mark Beeley and Rebecca Dipple of Orrick Herrington & Sutcliffe LLP.

  • Foreign Investments In German Cos. Face Increased Scrutiny

    Daniel Wiedmann

    Tighter rules for the Committee on Foreign Investment in the United States have been echoed in Germany, and further changes are on the way. Recent developments show that the German government does not shy away from blocking foreign investments, says Daniel Wiedmann of P+P Pöllath + Partners.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • The Potential Reach Of High Court's AmEx Antitrust Analysis

    Barry Reingold

    As lower courts decide whether to apply the U.S. Supreme Court's AmEx decision to other types of two-sided markets, the key question will be whether allegedly anti-competitive conduct on one side of a platform may be credibly constrained by indirect network effects on the other, say Barry Reingold and David Chiappetta of Perkins Coie LLP.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.