Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct. While experts told Law360 that it’s not clear what the remarks will mean for SSOs when it comes to enforcement, they’re watching to find out.
The Australian Competition Tribunal on Thursday has for the second time approved Tabcorp Holdings Ltd.’s proposed AU$6.37 billion ($4.84 billion) cash-and-stock takeover of rival Tatts Group Ltd., paving the way for the two gambling businesses to form a single industry giant with an enterprise value of AU$11.3 billion.
A California federal judge said Friday she’ll grant final approval to the NCAA and 11 athletic conferences’ $209 million deal with student-athletes and grant class counsel's request for nearly $45 million in fees, costs and expenses, partially resolving suits over allegedly anti-competitive caps on student scholarships.
A lawsuit accusing 20 of the biggest Wall Street banks of rigging the $13 trillion market for securities sold by the U.S. Department of the Treasury was expanded late Wednesday night with the filing of an amended complaint that alleges two interrelated conspiracies.
Lawyers who sought 30 percent of a $120 million settlement they struck with Barclays PLC for investors who accused the bank of manipulating the London Interbank Offered Rate told a New York federal judge on Wednesday that they’d accept just 20 percent of the settlement pot for now after she raised questions about the payout.
A class of car-part direct purchasers asked a Wisconsin federal judge Thursday to approve a $3.35 million settlement with Taiwanese automotive component maker Jui Li Enterprise Co. Ltd. to resolve a lawsuit over alleged price-fixing on certain aftermarket sheet metal products.
The Federal Communications Commission voted Thursday to relax its broadcast media ownership rules, characterized as outdated by the Republican majority but touted as necessary bastions against consolidation by others.
The full U.S. Senate on Wednesday approved a renewed bill, bound for a House of Representatives that’s failed to take up past versions, that would heighten protections for whistleblowers who report antitrust violations, allowing them to sue in court if they are fired, demoted or otherwise retaliated against.
The U.S. Department of Justice's top antitrust enforcer on Thursday criticized past merger settlements that allowed "illegal" deals to clear with behavioral remedies, affirming his division's role as an enforcement body and implying there is little chance AT&T's proposed $85 billion bid for Time Warner will move forward without divestitures.
The new antitrust leadership at the U.S. Department of Justice is trying to cut down on the increasingly long time it has taken the watchdog to review mergers in recent years, an agency official said Thursday.
A former federal prosecutor and Squire Patton Boggs LLP attorney, who represents a client in the FIFA corruption scandal and has prosecuted New Jersey officials for public corruption, has joined Nelson Mullins Riley & Scarborough LLP.
The Federal Trade Commission may have “finally started to turn the corner” with its crackdown on pay-for-delay patent settlements, but other efforts by branded-drug makers to stave off generic competition have increasingly caught the watchdog’s eye, acting Chairman Maureen Ohlhausen said Thursday.
Europe’s securities watchdog said Thursday it will probe the performance fees charged by asset managers amid growing concerns that some practices are too secretive, leading to excessively high costs for investors.
A California federal judge on Tuesday kept alive Allergan’s false advertising suit against a large drug compounder, saying there are sufficient allegations the compounder is manufacturing eye medicines without adhering to federal law.
A California federal judge on Wednesday held off on sentencing a man facing nearly three years in prison for rigging bids at foreclosure auctions in the San Francisco Bay Area, saying she wants to know exactly how much he personally received from the scheme and noting she has seen him express no contrition for his actions.
A proposed class of patients accusing Quest Diagnostics Inc. of maintaining a lab services monopoly told an appellate panel Wednesday that a lower court incorrectly acted as “a gatekeeper” by dismissing its suit, prompting a Ninth Circuit judge to lament the U.S. Supreme Court’s “de facto different standard for antitrust cases.”
A Michigan federal judge on Tuesday gave her initial approval to a $9.36 million settlement between Bridgestone Corp. and a putative class of car dealerships, which claim the tire maker took part in a price-fixing scheme for rubber parts that reduce engine and road vibration.
Endo International PLC shareholders hit the drugmaker with a proposed class action Tuesday in Pennsylvania federal court claiming it didn’t properly disclose that Par Pharmaceutical Holdings Inc., which the company acquired in 2015, has allegedly colluded to fix generic-drug prices.
The U.S. solicitor general urged the U.S. Supreme Court on Tuesday to review a Second Circuit decision wiping out a $147 million judgment against two Chinese companies over allegations they fixed prices for vitamin C, asking the justices to decide whether a foreign government’s characterization of its own law is conclusive.
A Colorado federal judge Wednesday paused a proposed class action filed by au pairs alleging that multiple sponsor agencies colluded to set low pay rates so that one of the agencies can appeal to the Tenth Circuit the court’s decision not to compel arbitration.
Geico has reached unlawful agreements with a group of preferred auto collision repair shops to fix the maximum price of repairs and steer policyholders from competing repair shops, a competing shop claimed in Oregon federal court Tuesday.
The U.S. Department of Justice's recent lawsuit challenging Parker Hannifin’s consummated acquisition of Clarcor serves as an important reminder that the agencies can — and in some limited instances will — challenge consummated transactions that were reported to them under the Hart-Scott-Rodino Act, says Jack Sidorov of Lowenstein Sandler LLP.
Given the uptick in global awareness and enforcement of anti-bribery and corruption laws, most U.S.-based health care companies are attuned to the risks associated with legal infractions caused by their operations and conduct abroad. However, such ex-U.S. activities may also impact health care companies’ ability to conduct business within the U.S., say attorneys with Ropes & Gray LLP.
The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.
Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.
Despite a number of key federal antitrust posts remaining vacant, the antitrust authorities have remained quite active. Here, attorneys with Arnold & Porter Kaye Scholer LLP discuss five recent transactions and what those cases mean for merger enforcement in the United States in the coming months and years.
Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.
We regularly receive queries from clients regarding the legality of director interlocks under Section 8 of the Clayton Act. But another important question to consider is the potential risk created by interlocking directors under Section 1 of the Sherman Act or Section 5 of the Federal Trade Commission Act, say Pat Pascarella and Nate Newman of Tucker Ellis LLP.
If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.
Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.
There is a lack of empirical evidence that the singular goal of profit maximization would lead to collusion by machines. But even if possible, algorithmic collusion could be limited in its scope, says Ai Deng of Bates White LLC.