Competition

  • November 17, 2017

    Australian Tribunal Again OKs $4.8B Tabcorp-Tatts Merger

    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.

  • November 17, 2017

    Judge OKs NCAA's $209M Antitrust Deal, Attys Get $45M

    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.

  • November 16, 2017

    Big Banks Face Wider Treasury Auction-Fixing Suit

    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.

  • November 16, 2017

    $120M Barclays Deal Attys Reduce Fee Request By $8M

    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.

  • November 16, 2017

    Taiwanese Auto Parts Co. To Pay $3.35M In Price-Fix Suit

    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.

  • November 16, 2017

    Media Ownership Restrictions Scrapped In FCC Vote

    The Federal Communications Commission voted Thursday to relax its broadcast media ownership rules, characterized as outdated by the Republican majority but touted as necessary bastions against consolidation by others.

  • November 16, 2017

    Senate OKs Antitrust Whistleblower Bill, Sends It To House

    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.

  • November 16, 2017

    Delrahim Talk Signals Bad News For AT&T-Time Warner Deal

    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.

  • November 16, 2017

    DOJ Aims To Speed Merger Review Under Trump, Deputy Says

    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.

  • November 16, 2017

    Ex-Squire Patton Boggs Atty, Prosecutor Joins Nelson Mullins

    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.

  • November 16, 2017

    FTC's Ohlhausen Sees Light At End Of Pay-For-Delay Tunnel

    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.

  • November 16, 2017

    EU Regulator Trains Sights On Fund Performance Fees

    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.

  • November 15, 2017

    Eye-Drug Compounder Can't Dodge Allergan Suit

    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.

  • November 15, 2017

    Judge Mulls Tough Sentence For Foreclosure Bid-Rigger

    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.

  • November 15, 2017

    Quest Row Shows High Court's Antitrust Paradox, Judge Says

    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.”

  • November 15, 2017

    Bridgestone's $9.4M Price-Fixing Deal Gets Initial OK

    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.

  • November 15, 2017

    Endo Concealed Unit's Alleged Price-Fixing, Investors Say

    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.

  • November 15, 2017

    Gov't Says High Court Should Take Up Vitamin C Price-Fix Suit

    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.

  • November 15, 2017

    Au Pair Co. Pauses Wage Suit To Appeal Arbitration Denial

    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.

  • November 15, 2017

    Geico Hit With Auto Repair Shop Price-Fixing Suit

    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.

Expert Analysis

  • Learning From DOJ’s Parker Hannifin Merger Challenge

    Jack Sidorov

    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.

  • How Conduct Abroad Impacts Health Care Business In US

    Alison Fethke

    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.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    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 Facing Challenges In The Legal Industry

    Goodwin Liu

    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.

  • Merger Enforcement Takeaways From 5 Recent Cases

    Debbie Feinstein

    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.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    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.

  • Interlocking Directorates — Not Just A Section 8 Issue

    Pat Pascarella

    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.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    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.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    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.

  • 4 Reasons We May Not See Colluding Robots Anytime Soon

    Ai Deng

    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.