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Competition

  • September 10, 2018

    Ex-FTC Commissioner McSweeny Joins Covington's DC Office

    Covington & Burling LLP has hired Terrell McSweeny, a former commissioner of the Federal Trade Commission, as a partner in its Washington, D.C., office to boost its antitrust and competition, and data privacy and cybersecurity practices, the firm said Monday.

  • September 10, 2018

    China Tells 2nd Circ. Vitamin C Exporters Followed Law

    China's Ministry of Commerce told the Second Circuit on Friday that it can still rely on the Chinese government's interpretation of its own law in a vitamin C price-fixing case, despite a recent ruling from the U.S. Supreme Court that found it doesn't have to.

  • September 10, 2018

    Walgreens Buys Files From 185 Fred’s Pharmacies For $165M

    Walgreens has agreed to buy the pharmacy patient prescription files and related inventory from 185 stores of Fred’s Inc., a regional pharmacy chain operating in the southeast, for $165 million plus the inventory’s value, the companies announced together on Monday.

  • September 10, 2018

    Union Pacific, BNSF Can't Halt Antitrust Suit, Oxbow Says

    Oxbow Carbon & Minerals LLC told a D.C. federal court Friday to deny a bid by several railroad giants to pause a price-fixing suit alleging the companies fixed fuel surcharge prices, saying they have not shown that the suit will cause any hardship or prejudice.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Samsung, LG, Others Beat Antitrust Suit Over TV Patents

    A New York federal judge Friday dismissed Haier's antitrust suit claiming that Samsung Electronics Co., LG Electronics Inc., Panasonic Corp. and Columbia University use patents that are federally required for the production of televisions to control the market.

  • September 7, 2018

    NCAA Exploits Students, Athletes Testify At Antitrust Trial

    Three former college athletes testified Friday in a landmark California federal bench trial over allegations the NCAA’s pay caps violate antitrust laws, saying the NCAA exploited them by pushing them to prioritize athletics over academics while providing meager scholarships that left them hungry, without year-round housing and asking their families for money. 

  • September 7, 2018

    Impax Escapes Investors' Drug Price-Fixing Suit, For Now

    A California federal judge on Friday dismissed a shareholder suit alleging generic-drug maker Impax Laboratories Inc. failed to disclose to investors a federal investigation over possibly collusive market activity, but also threw investors a life jacket, saying it's possible they could allege a scheme if they can elaborate how executives allegedly fixed prices. 

  • September 7, 2018

    UK Equity Firm Partly Escapes Tuna Price-Fix Claims

    The British private equity firm that owns Bumble Bee Foods can largely slip the net of multidistrict litigation over an alleged tuna fish price-fixing plot, a California federal judge ruled, but the firm's American arm still faces potential antitrust class actions.

  • September 7, 2018

    8th Circ. Says Charter's VoIP Exempt From State Regulations

    A divided Eighth Circuit panel handed a win Friday to a Charter unit that had been backed by the Federal Communications Commission, with a decision holding that Voice over Internet Protocol services count as an “information service” exempt from state regulation.

  • September 7, 2018

    BDS Ruling Expected To Raise Prices, Clarify Title II Uses

    The Eighth Circuit's recent opinion that the Federal Communications Commission rightly deregulated the market for business data services provides clarity as to how the agency will treat broadband services under the Communications Act, but it is expected to unsettle commercial contracts between businesses and their data carriers.

  • September 7, 2018

    Brazil Commish Says US Could've Helped AT&T Deal Review

    A commissioner with Brazil's competition authority said Friday that more cooperation from the U.S. Department of Justice during the review of AT&T Inc.'s $85.4 billion acquisition of Time Warner Inc. could have helped his agency push for stronger market protections.

  • September 7, 2018

    Health Hires: Pepper Hamilton, Perkins Coie, Davis Wright

    Pepper Hamilton LLP, Perkins Coie LLP, Davis Wright Tremaine LLP, Simmons & Simmons, McKool Smith PC and Lane Powell PC are the latest firms to boost their health and life sciences offerings, with former prosecutors, antitrust experts, cannabis specialists and more.

  • September 7, 2018

    TV Commercial Price Dispute Grows As NY Ad Agency Sues

    A New York advertising agency accused Hearst, Tribune, Sinclair and other TV giants of plotting to fix prices for commercials, filing a proposed class action in New York federal court Wednesday as the latest in a barrage of antitrust suits against broadcasters over ad rates.

  • September 7, 2018

    3rd Circ. Tosses Objection To $9.6M NJ Tax Lien Settlement

    The Third Circuit tossed an objector's appeal of a $9.6 million class action settlement over rigged tax lien auctions in New Jersey, ruling Thursday that the amount was fair, reasonable and adequate given the likely difficulty of proving the antitrust case at trial.

  • September 7, 2018

    Litigation Funder Adds 8 In UK With An Eye On Group Claims

    Litigation funder Augusta Ventures has boosted its London team with a string of high-profile hires from firms like Hogan Lovells, Eversheds Sutherland and Hausfeld LLP as it signaled plans to pursue larger-scale cases.

  • September 7, 2018

    Landmark Appeals Ruling Rescues Privilege In UK Probes

    A U.K. appeals court's recent broad take on the protections legal privilege offers companies against demands from government prosecutors in a dispute over a Serious Fraud Office probe re-enshrines the confidentiality at the heart of the attorney-client relationship and offers comfort to multinationals facing cross-border investigations.

  • September 7, 2018

    USTelecom Asks FCC To Nix Outdated Network Sharing Rules

    USTelecom told the Federal Communications Commission that so-called unbundling mandates that require legacy wireline companies to share their networks with competitors at capped rates are no longer necessary and are out of date given the decline of incumbent local exchange carriers and rise of alternatives to landline voice service.

  • September 7, 2018

    EU Open To US-Style Equivalence Deal For UK Finance Firms

    The European Union’s chief Brexit negotiator has indicated that Britain could be granted a regulatory equivalence deal on financial services similar to arrangements already enjoyed by the U.S., according to minutes of a meeting released on Friday.

Expert Analysis

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • AT&T Win May Help Partial Ownership Transactions

    Jon Dubrow

    While U.S. District Judge Richard Leon was careful to note that his opinion in the AT&T-Timer Warner merger trial was narrow, his evaluation of the evidence undercut the government's theoretical economic model in a way that may have broader applications, says John Dubrow of McDermott Will & Emery LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    DOJ Should Encourage The Bid-Rigging Whistleblower

    Robert Connolly

    There are relatively few government contract collusion whistleblowers. The U.S. Department of Justice's Antitrust Division could roll out the whistleblower welcome mat by making a few changes that will not cost the government a nickel. Even if only one new case emerges, the efforts would be worth it, says former federal prosecutor Robert Connolly.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.