Competition

  • November 2, 2017

    Odebrecht Units Say No Harm Shown In Bond Fraud Motion

    Two units of Brazilian engineering conglomerate Odebrecht SA asked a New York federal judge to dismiss securities fraud claims brought by a group of hedge funds, saying the funds haven’t adequately shown harm.

  • November 2, 2017

    DOJ Mulling Challenge In AT&T-Time Warner Review

    The U.S. Department of Justice is preparing for litigation challenging AT&T’s planned $85 billion purchase of Time Warner in case settlement talks over the megadeal's competitive effects fall through, a source close to the matter told Law360 on Thursday.

  • November 2, 2017

    FTC Notes Decline In Pay-For-Delay Drug Patent Settlements

    The U.S. Federal Trade Commission reported Wednesday that pay-for-delay patent settlements between brand and generic-drug manufacturers declined from 2014 to 2015, continuing a sharp decline of such deals following the high court’s 2013 Actavis decision.

  • November 2, 2017

    Parker Hannifin Offers DOJ Concessions Over $4.3B Deal

    The U.S. Department of Justice has received an offer from industrial equipment manufacturer Parker Hannifin to sell the aviation fuel filtration business at the center of the agency’s post-closing challenge to its $4.3 billion Clarcor acquisition, a source with knowledge of the case told Law360 on Thursday.

  • November 2, 2017

    Attys General Urged To Probe Sinclair-Tribune Merger

    A media advocacy group on Thursday called on state attorneys general to take a microscope to Sinclair Broadcast Group Inc.’s proposed acquisition of Tribune Media Co., saying that the deal will hamper competition and result in higher retransmission fees in each of the states where Sinclair operates.

  • November 2, 2017

    Senate Panel OKs Antitrust Whistleblower Protections

    The Senate Judiciary Committee approved a bill Thursday 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 1, 2017

    Dawgs Objects To Discovery Order In Crocs IP Fight

    Footwear maker USA Dawgs Inc. on Tuesday objected to an order requiring it to produce additional financial statements in its severely trimmed suit accusing Crocs Inc. leadership of fraudulently obtaining patents, arguing that the information is no longer relevant given the narrowed scope of the case.

  • November 1, 2017

    Entercom Will Trade Stations For $1.6B CBS Radio Merger

    Entercom Communications Corp. said Wednesday that it has reached a settlement with the U.S. Department of Justice that will allow its planned $1.6 billion merger with CBS Radio Inc. to move ahead after it cut deals to exchange stations in several markets.

  • November 1, 2017

    FTC, Qualcomm Seek Docs From Nokia In Antitrust Suits

    The Federal Trade Commission and a putative class of cellphone purchasers asked a California federal court on Tuesday to request help from the Finnish government in securing documents from Nokia in parallel litigations over Qualcomm’s patent licensing practices, a day after Qualcomm made a similar request for its defense.

  • November 1, 2017

    ‘Codfather’ Fine Was No Math Error, Judge Tells Feds

    A Massachusetts federal judge on Tuesday clarified his order forcing a New England fishing industry giant known as the "Codfather" to forfeit four boats and 34 fishing licenses to the United States, slapping down federal prosecutors’ argument that he was wrong to think $200,000 was the maximum fine allowable under sentencing guidelines.

  • November 1, 2017

    FTC Duo Clash Over Agency's Role On Net Neutrality

    The Federal Trade Commission's two members faced off Wednesday over the agency's role in regulating net neutrality, with the Republican chairman saying the FTC can handle the job and a Democratic commissioner saying the matter should stay with the Federal Communications Commission.

  • November 1, 2017

    UK To Announce Economic Crime Reforms Before End Of Year

    Britain’s government is to announce a package of reforms by the end of the year, following its secretive review into the agencies that tackle economic crime, letters published Wednesday revealed.

  • November 1, 2017

    Attys Seek $35M In JPMorgan, Deutsche Libor-Rigging Row

    Class counsel urged a New York federal judge Tuesday to award $34.88 million in attorneys’ fees after he greenlighted JPMorgan Chase and Deutsche Bank’s combined $148 million settlement that resolves two investor suits alleging the banks rigged the London Interbank Offered Rate.

  • October 31, 2017

    Marketing Deal Joined US Soccer, MLS At Hip, Judge Told

    The U.S. Soccer Federation’s financial relationship with Major League Soccer is taking center stage in a case brought by the North American Soccer League, which alleges the federation is blocking it from competing as a rival professional league by denying it second-tier status, a move the NASL says would be its death knell.

  • October 31, 2017

    Ex-Biopharma Exec Enjoined From Sharing Trade Secrets

    A California federal judge granted a preliminary injunction Tuesday against Theravance Biopharma US Inc.'s former senior vice president of technical operations, disallowing the ex-executive from copying or distributing any confidential company information and ordering him to turn over his laptop, hard drives, flash drives and cell phones for review.

  • October 31, 2017

    HP Settles With NEC, Toshiba, Samsung In Disk Drive MDL

    Hewlett-Packard Co. reached settlements with NEC Corp., Samsung Electronics Co. Ltd. and Toshiba Corp. to drop its claims in multidistrict antitrust litigation alleging the companies conspired to fix prices for optical disk drives, according to documents filed in California federal court on Tuesday.

  • October 31, 2017

    9th Circ. Won't Rethink UPS, FedEx Antitrust Ruling

    A split Ninth Circuit panel on Tuesday declined to rehear transportation manager AFMS’ bid to revive its antitrust claims against UPS and FedEx for allegedly suppressing competition by refusing to deal with third-party consultants that negotiate discounted shipping rates for companies.

  • October 31, 2017

    Airlines' $40M One-Size-Fits-All Deal Unfair, Justices Told

    An advocacy group asked the U.S. Supreme Court on Tuesday to review a $39.5 million settlement in antitrust multidistrict litigation accusing Societe Air France, Japan Airlines and other airlines of fixing prices for transpacific flights, saying lower courts ignored intraclass conflicts by approving a one-size-fits-all deal.

  • October 31, 2017

    Walgreens, CVS, Others Exit Lidoderm Antitrust MDL

    Endo Pharmaceuticals has reached an agreement with a handful of big name retailers including Walgreen Co. and CVS Pharmacy Inc. to end multidistrict antitrust litigation over the Lidoderm pain patch, according to documents filed in California federal court Tuesday.

  • October 31, 2017

    Dealers Say Carfax Can't Flee Auto Reports Antitrust Suit

    Carfax Inc. shouldn’t be granted a quick win over claims that it used exclusive agreements with websites and auto dealerships selling used cars to suppress competition for vehicle history reports, aggrieved dealers have told a New York federal court, arguing that Carfax hasn’t done enough to disprove the $150 million suit.

Expert Analysis

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • CFIUS Continues To Present Obstacle To Chinese Acquisitions

    Brendan Hanifin

    Although presidential intervention to block a planned acquisition is relatively rare, President Donald Trump’s executive order last week blocking Canyon from acquiring Lattice was not especially surprising in light of recent precedent, the cautious approach of the Committee on Foreign Investment in the United States, and public statements by the Trump administration regarding China, say attorneys with Ropes & Gray LLP.

  • Physician Practice Acquisitions And Antitrust Scrutiny

    Bruce Sokler

    The Washington state attorney general’s recent lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System serves as a reminder that health care providers’ growth-through-acquisition strategies can be subject to antitrust scrutiny, regardless of the size of individual transactions, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Big Data May Become Big Antitrust Concern

    Lesli Esposito

    On the whole, U.S. antitrust agencies have demonstrated less concern over big data than their European counterparts. This is not to say, however, that big data will never present U.S. antitrust issues, say Lesli Esposito and Brian Boyle of DLA Piper.

  • Opinion

    On CFIUS Reform, We Must Proceed With Caution

    DJ Rosenthal

    While some proposed changes to the Committee on Foreign Investment in the United States may be justified, others could undermine confidence in CFIUS as an unbiased institution acting in a fair and even-handed manner, says DJ Rosenthal, co-chairman of the CFIUS advisory practice at Kroll Associates.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • How The FTC Has Erred On Innovation Policy Issues

    David Teece

    Maureen Ohlhausen, the acting chairman of the Federal Trade Commission, recently delivered a sobering attack on the agency, noting that it and other antitrust agencies have “lost sight of core antitrust principles.” From such a highly competent federal official who is also a recognized legal scholar, this critique deserves our full attention, says David Teece, chairman of Berkeley Research Group LLC.

  • What The Intel Decision Means For European Commission

    Ian Giles

    The European Court of Justice's judgment in the Intel case last week may play an important role in a number of high-profile European Commission investigations of alleged abuses of dominant positions, particularly in the technology and pharmaceutical sectors, say Ian Giles and Jay Modrall of Norton Rose Fulbright.

  • Series

    My Supreme Court Debut: A Lot Of Questions, A Little Luck

    John Bursch

    On the day of my first argument at the U.S. Supreme Court, after I survived the security screening process, I found myself in the lower-level hall where the statue of Chief Justice John Marshall is located. On the advice of a colleague, I rubbed Marshall’s shoe for good luck, says John Bursch, former solicitor general of Michigan.