Competition

  • June 12, 2017

    Cox Affiliates Accused Of Monopolizing Used-Car Market

    A defunct used-car dealership has lodged a complaint against Cox Automotive Inc. and its affiliates in Florida federal court, accusing the companies of monopolizing the used-car industry by colluding with major manufacturer dealerships and auctioning the cars off at fixed prices. 

  • June 12, 2017

    Media Ownership Rules Have ‘Outlived Usefulness,’ FCC Told

    A Wisconsin TV station has told Federal Communications Commission Chairman Ajit Pai that it’s time for the FCC to relax certain media ownership rules that no longer make sense, saying the move would help the newsroom better serve the public.

  • June 12, 2017

    Health System Covered For Competition Suits, 11th Circ. Told

    A Florida health care system on Monday asked the Eleventh Circuit to overturn a federal court's decision that it is not entitled to insurance coverage for four suits alleging anti-competitive practices, arguing the lower court applied incorrect standards in concluding that the suits are related to prior litigation and therefore not covered.

  • June 12, 2017

    DOJ Clears $32B GE-Baker Hughes Oil And Gas Merger

    General Electric Co. and Texas-based Baker Hughes Inc. said Monday that they’ve reached an agreement with the U.S. Department of Justice allowing them to proceed with a planned merger that’s set to create an oil field services company with $32 billion in combined revenue.

  • June 12, 2017

    NJ Craft Beer Maker Fined $2M Over Sales, Invoice Violations

    A New Jersey craft beer wholesaler has agreed to pay the state $2 million to resolve allegations it violated state competition law by selling tap systems at below fair-market prices, misrepresenting charges on invoices and ignoring credit regulations for at least 700 customers, state authorities announced Monday.

  • June 12, 2017

    Yancoal Wins Watchdog Nods For $2.45B Rio Tinto Deal

    Chinese state-owned mining company Yancoal Australia Ltd. said in a stock exchange filing on Sunday that it has received several regulatory clearances at home for its planned $2.45 billion purchase of Rio Tinto PLC’s Australian thermal mining business, as the seller considers a competing bid.

  • June 12, 2017

    EU OKs $4B Credit Management Deal With Antitrust Fixes

    The European Commission on Monday approved Intrum Justitia AB’s $4.43 billion merger with private equity-backed debt collection firm Lindorff Group AB on the condition the credit management services companies sell businesses in five countries.

  • June 12, 2017

    DOJ Urges NY Court To Toss Trump ‘Emoluments’ Suit

    President Donald Trump defended his business dealings Friday in New York federal court with a long memo detailing documents found in the government’s historical archives and the intent of the U.S. Constitution’s emoluments clauses, arguing a suit demanding his asset divestment would prevent him from performing his official duties.

  • June 12, 2017

    9th Circ. Denies Early Appeal In SolarCity Monopoly Suit

    The Ninth Circuit on Monday ruled that an Arizona utility could not immediately appeal a lower court's determination that it was not immune from an antitrust suit by SolarCity Corp., saying it must wait until the underlying claims are decided.

  • June 12, 2017

    FCA Mulls Powers To Force Banks To Help Set Libor

    Britain’s financial watchdog outlined Monday how it intends to use its new powers to compel banks to help set the London Interbank Offered Rate under European Union benchmark rules designed to restore trust in markets, which was damaged by recent rate-fixing scandals.

  • June 10, 2017

    UK's May Reappoints Top Brexit Team Despite Poll Setback

    British Prime Minister Theresa May's new government has reconfirmed Brexit negotiator David Davis and other top ministers in their posts, ending speculation of a major cabinet reshuffle after Thursday's general election. 

  • June 9, 2017

    FCC TV Ownership Shift Likely To Pass Muster At DC Circ.

    The Federal Communications Commission’s decision to relax TV ownership limits appears likely to withstand a challenge at the D.C. Circuit, experts say, and a request to delay it from taking effect in the meantime also may not succeed.

  • June 9, 2017

    GE Owes $131M Damages For Anesthesia Monopoly, Cos. Say

    Anesthesia businesses that won $43.8 million in an April jury verdict finding that General Electric Co. monopolized the sale and service of anesthesia machines asked a Texas federal judge Friday to bar GE’s anti-competitive practices and grant $131.4 million in trebled damages and $7.4 million in attorneys' fees.

  • June 9, 2017

    Mexico Fines K-Line, Others $32M For Auto Shipping Cartel

    Mexico's antitrust watchdog on Friday fined five major shippers about $32 million for operating a cartel for vehicle carrier services, becoming the latest enforcer to target K-Line, CSAV and NYK for hindering competition.

  • June 9, 2017

    EU Antitrust Unit Widens Probe Of Qualcomm’s $38B NXP Buy

    The European Union’s antitrust officials on Friday expanded their investigation into Qualcomm Inc.’s proposed $37.7 billion acquisition of Netherlands-based NXP Semiconductors, expressing concern that the deal could harm competition in the mobile device and automotive sectors.

  • June 9, 2017

    7th Circ. Rebuffs Hospital's $300M Antitrust Suit

    The Seventh Circuit on Friday rejected an attempt by a Peoria, Illinois-based hospital to revive a $300 million antitrust suit against competitor Saint Francis Medical Center, saying that there is nothing anticompetitive about Saint Francis negotiating insurance contracts that carve its competitors out of provider networks.

  • June 9, 2017

    Election Shake-Up Thickens Fog For London's Financial Firms

    New Brexit uncertainties are plaguing Britain’s financial services sector in the wake of Thursday’s snap election that left the country without a clear majority party in Parliament, as lawyers warn the results bode ill for U.K. negotiators hoping to win a good trade deal from European Union counterparts.

  • June 9, 2017

    Total Jumped Gun On FERC Manipulation Fight, 5th Circ. Says

    A Fifth Circuit panel on Thursday rejected a challenge to the Federal Energy Regulatory Commission’s power to use the Natural Gas Act to impose fines, ruling that Total Gas & Power North America Inc.’s objection to the commission’s authority to penalize it over alleged market manipulation was not ripe.

  • June 9, 2017

    EU Approves J&J's $30B Actelion Buy, With Conditions

    The European Union’s antitrust watchdog on Friday gave its seal of approval to Johnson & Johnson’s proposed $30 billion acquisition of Swiss rare drug manufacturer Actelion Ltd. under the condition the pair addresses an overlap in the companies’ programs to develop a treatment for insomnia.

  • June 9, 2017

    Jaguar Hit With Antitrust Suit Over Export Restrictions

    Jaguar Land Rover North America LLC has prevented purchasers from reselling its vehicles abroad in an effort to maintain the company’s own foreign sales, violating state and federal antitrust laws, according to a proposed class action filed in New Jersey federal court on Thursday.

Expert Analysis

  • Problems In Proposed Changes To Vietnam's Competition Law

    Koren Wong-Ervin

    There are troubling provisions in proposed amendments to the Competition Law of the Socialist Republic of Vietnam. The approach to abuse of dominance is contrary to the teachings from modern economics, says Koren Wong-Ervin, director of the Global Antitrust Institute at George Mason University.

  • Uber On The Brink

    Thomas Dickerson

    As the Second and Ninth Circuits will soon decide on the enforceability of Uber’s mandatory arbitration clauses and class action and class arbitration waivers in its driver contracts, and as its "Greyball" software is now the subject of a U.S. Department of Justice inquiry, the company's very existence may be at stake, says Thomas Dickerson of Herzfeld & Rubin PC.

  • The Changing Nature Of Payments In The US And UK

    Judith E. Rinearson

    Traditionally, U.S. and U.K. payment regulation has differed in that the U.S. emphasizes protecting underbanked consumers, while the U.K. focuses on leveling the playing field between large and small financial institutions. Despite changes with Brexit and the Trump administration, the U.K. and U.S. truly perceive different futures for payment regulation, says Judith Rinearson of K&L Gates LLP.

  • Why FTC's Qualcomm Investigation Is Important

    Joshua Wolson

    The United States needs to pursue its investigation of Qualcomm vigorously both to ensure that Qualcomm is not acting improperly and also to deter future potential abuses of standard-essential patents, says Joshua Wolson of Dilworth Paxson LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • 2nd Circ. May Clarify 5th Amendment Issue In Libor Case

    Mark Racanelli

    A pending Second Circuit case raises an interesting constitutional question for practitioners whose clients are subject to parallel, cross-border white collar investigations: When someone gives compelled testimony to foreign law enforcement officials, does the Fifth Amendment bar U.S. prosecutors from using her statements, directly or indirectly, to criminally prosecute her? say Mark Racanelli and Michael Simeone of O’Melveny & Myers LLP .

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    Sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.