Competition

  • August 1, 2017

    FTC Shouldn’t See Aggrenox Docs, Boehringer Tells DC Circ.

    Documents sought by the Federal Trade Commission on Boehringer Ingelheim’s 2008 patent dispute settlement with Barr Pharmaceuticals over the drug Aggrenox should remain hidden from the agency because they reflect legal analysis by the company's general counsel, Boehringer told the D.C. Circuit Monday.

  • August 1, 2017

    O’Melveny Nabs HK Antitrust Watchdog's Ex-Legal Head

    O’Melveny & Myers LLP has added competition and antitrust expert Philip Monaghan to its ranks in Hong Kong following his stint as the legal head of the territory’s competition and antitrust watchdog.

  • August 1, 2017

    Twist China’s Arm So N. Korea Feels It, Schumer Says

    Senate Minority Lead Chuck Schumer on Tuesday called on President Donald Trump to hold up any Chinese mergers or acquisitions of American companies to leverage Beijing into applying greater pressure on North Korea to curb its nuclear ambitions.

  • August 1, 2017

    Bayer, Monsanto Offer EU Concessions To Clear $66B Deal

    The European Union’s antitrust watchdog has given itself more time to scrutinize Bayer AG’s $66 billion takeover of rival Monsanto after the companies offered concessions to alleviate concerns that the transaction would stifle competition.

  • July 31, 2017

    Bill Would Grant Antitrust Immunity To Boards For Reforms

    State professional boards could see their immunity to antitrust suits restored should lawmakers act on a recently introduced bill that would encourage the boards to do away with overly burdensome professional licensing requirements.

  • July 31, 2017

    Judge Hands $2.3M Verdict To Tuna Farmer In Antitrust Fight

    A New York federal judge has sided with Marnor, a Mexican bluefin tuna farming company, in its antitrust suit alleging that a small business loan operator and the operator’s competitor were at fault for a botched seafood venture, awarding the farmer $2.3 million plus its Mexican legal fees and costs.

  • July 31, 2017

    Cohen Milstein Wins Intervention Bid In $360M Doctor Suit

    A Florida federal judge on Friday allowed Cohen Milstein Sellers & Toll PLLC to intervene in an already signed $360 million antitrust settlement, saying the firm's bid to argue for a slice of plaintiffs counsel fees was timely.

  • July 31, 2017

    Au Pairs Fight Arbitration Bid In Wage-Fixing Action

    A class of au pairs told a Colorado federal judge Friday that they shouldn’t be forced to arbitrate their collective claims that AuPairCare Inc. colluded with other agencies to set low pay rates, arguing that it waived any right to arbitration by choosing to litigate this case and take advantage of judicial discovery.

  • July 31, 2017

    German Auto Giants Hit With More Antitrust Suits

    BMW, Volkswagen, Daimler AG and other German automakers were slapped with a pair of potential class action lawsuits last week in California and New Jersey, alleging that reports of collusion between them pushed consumer prices higher and limited choices.

  • July 31, 2017

    HSBC, ICAP Cut From Interest Rate Swaps Antitrust Suits

    HSBC Bank PLC, broker ICAP Capital Markets LLC and electronic trading provider Tradeweb Markets LLC all escaped allegations that they conspired to limit competition in the market for interest rate swaps, with a New York judge dismissing the accusations in a Friday order that also limited other claims in the litigation.

  • July 31, 2017

    City Demands Assurance As UK Vows To End Free Movement

    The U.K. government on Monday pledged to end Britain's open-border policy with the European Union when Brexit is completed in March 2019, prompting British banking and insurance firms to demand cast-iron assurances that any new immigration regime will allow them to continue attracting overseas talent.

  • July 28, 2017

    Global Enforcement Trend Maps Big Spike In Individual Cases

    Financial services enforcers across the globe have individual misconduct firmly in their sights, bringing four times as many cases against persons than firms in the last year, according to a new report released Monday.

  • July 28, 2017

    Audi, BMW, Others Suppressed Innovation With Cartel: Suit

    Five major German carmakers, Audi AG, Porsche AG, BMW AG, Mercedes-Benz USA and Volkswagen AG, along with a supplier got hit with an antitrust class action Friday in California federal court, with car owners alleging the companies conspired to share information and stunt innovation to save on costs.

  • July 28, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Hermes lodge a competition suit against MasterCard, a new suit between the Irish Bank Resolution Corp. and developers at London's Camden market and Norwegian marine insurer Skuld's suit against a former president of Micronesia. Here, Law360 looks at those and other new claims in the U.K.

  • July 28, 2017

    Banks Say New Precedent Dooms Swiss Franc Libor Suit

    European financial firms accused of rigging a benchmark interest rate for interbank borrowing of Swiss franc-denominated funds have told a New York federal judge that a recent U.S. Supreme Court ruling on jurisdiction strengthens their argument for dismissing investors' class allegations against the banks.

  • July 28, 2017

    Morgan Stanley, Banks Ink Deals Worth $111M In Forex Suit

    Five more banks, including Morgan Stanley, on Friday reached settlements totaling $111.2 million with investors in the wide-ranging suit accusing the world’s largest banks of rigging foreign exchange rates, bringing total relief in the case to more than $2.1 billion.

  • July 28, 2017

    Antitrust Takeaways From The 2nd Circ. Petrobras Ruling

    The Second Circuit recently decertified two investor classes claiming Brazilian oil giant Petrobras concealed billions of dollars in bribes and kickbacks in the latest circuit court ruling to weigh in on ascertainability, a contentious issue that strikes to the core of antitrust class actions. Here, Law360 provides a rundown of what antitrust attorneys should know about the decision.

  • July 28, 2017

    House, Senate Leaders Ask For Competition Focus In NAFTA

    The heads of the House and Senate judiciary committees spoke out Friday in support of including a competition chapter in upcoming North American Free Trade Agreement negotiations, saying the move would “establish a high standard” for future proceedings.

  • July 28, 2017

    Freeborn & Peters Adds Ex-Hinshaw Antitrust, Securities Pro

    Freeborn & Peters LLP has added a litigation partner from Hinshaw & Culbertson LLP to bolster the Chicago firm’s offerings in antitrust, securities, trademark infringement, executive employment and criminal defense matters.

  • July 28, 2017

    Ohio State Suit To Test Waters Of Ex-Player Image Rights

    A lawsuit against Ohio State University that uses antitrust claims to target the use of former Buckeyes players' images in stadium banners, highlight videos and jerseys may offer other ex-college athletes a new and potentially potent way to press name and likeness rights despite deep uncertainty surrounding such efforts.

Expert Analysis

  • Morrison's Impact On Commodity Exchange Act Claims

    Karen Hoffman Lent

    The Southern District of New York's recent decision in North Sea Brent Crude Oil Futures Litigation, together with the Second Circuit's decision in Loginovskaya, makes clear that Morrison presents a daunting obstacle to private Commodity Exchange Act claims that involve some element of foreign conduct, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • Opinion

    Meritless FTC Case Against Qualcomm Will Harm Consumers

    James Skyles

    With its complaint earlier this year against Qualcomm, the Federal Trade Commission is in danger of intervening on behalf of business interests, not those of consumers, and compromising protections for innovations and technological breakthroughs, says James Skyles, founder of Skyles Law Group LLC.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Early Lessons From The DOJ Auto Parts Investigation

    Jon Tomlin

    Over the past six years, the U.S. Department of Justice has announced a steady flow of guilty pleas for price-fixing of automotive parts in what has been called the largest criminal antitrust investigation in U.S. history. The information contained in plea agreements reached thus far offers a “sneak peek” into what future economic research may reveal, say Jon Tomlin and Chris Ring of Navigant Consulting Inc.

  • An Antitrust Reminder For Membership Organizations

    Brian Schneider

    A class of plaintiffs succeeded last month in persuading a New Jersey federal court that trade and professional associations may violate the antitrust laws by tying benefits to membership. While the dominance of the American Osteopathic Association may be unique, the decision presents considerations for other membership associations, say Brian Schneider and Andrew Murad of Arent Fox LLP.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • Roundup

    Leegin's 10-Year Checkup

    Leegin

    A decade after the U.S. Supreme Court's landmark antitrust decision in Leegin v. PSKS, this series examines the ruling's impact on resale price maintenance.