Competition

  • February 6, 2018

    IPhone Buyers 'Trying To Bluff' Through Cert. Bid, Apple Says

    A group of consumers urged a California federal judge Tuesday to certify a class of iPhone buyers who allege Apple violated antitrust laws by locking them into voice and data plans with AT&T, while Apple countered that the consumers are “trying to bluff their way through class certification.”

  • February 6, 2018

    EU Opens Probe Into Apple's Purchase Of Shazam

    The European Union's competition watchdog said Tuesday that it is opening an investigation into Apple Inc.'s planned purchase of music recognition service Shazam Entertainment Ltd., even though the transaction didn't reach the bloc's minimum thresholds, after several countries asked for the deal to be reviewed.

  • February 6, 2018

    Docs Call Cigna's 11th Circ. Appeal Over $25M Deal Premature

    Cigna and others cannot challenge an arbitral decision forcing them to attend a hearing in a dispute over a $25 million class settlement's distribution because the arbitration is still happening, a health care providers group told the Eleventh Circuit on Monday.

  • February 6, 2018

    Buyers Fight Arbitration Bid In Auto Parts Price-Fixing MDL

    Direct purchaser plaintiffs asked a Michigan federal judge Monday to reject KYB Corp.'s bid to toss or force into arbitration a complaint alleging KYB conspired with other manufacturers to fix prices on auto parts, specifically shock absorbers, saying they’re not parties to KYB’s limited warranty.

  • February 6, 2018

    Auto Parts Co. Settles Car Buyers' Antitrust Claims For $4M

    Automobile parts supplier Continental Automotive Electronics LLC has agreed to pay nearly $4 million to car buyers to settle antitrust claims related to a sprawling multidistrict litigation over an alleged auto parts price-fixing scheme, according to a proposed agreement filed in Michigan federal court on Monday.

  • February 6, 2018

    NFL, Union Try To Nix Agent’s 'Frivolous' Antitrust Claims

    The National Football League and the NFL Players Association on Monday filed motions to dismiss "frivolous" antitrust claims brought by a sports agent who was decertified for failing to meet a three-year signing rule, telling a Massachusetts federal court the rule stems from a collective bargaining agreement that is exempt from scrutiny.

  • February 5, 2018

    Morgan Lewis IP Partner Lands San Francisco Magistrate Job

    A Morgan Lewis & Bockius LLP partner focused on antitrust and intellectual property matters has been tapped to fill a magistrate judgeship in the Northern District of California, the court said Monday, making him at least the third intellectual property litigator chosen for the Silicon Valley-area job in two years.

  • February 5, 2018

    Bayer Offers Commitments To EU For $63.5B Monsanto Buy

    German drug and chemical maker Bayer AG on Friday sent Europe's antitrust enforcers a new set of commitments aimed at curing competitive concerns raised by its planned $63.5 billion buyout of U.S. agrochemical company Monsanto Co.

  • February 5, 2018

    What The New FTC Means For 'Open Internet' Enforcement

    In the wake of the Federal Communications Commission's contentious vote to overturn Obama-era net neutrality rules and to hand enforcement against online abuses largely to the Federal Trade Commission, the FTC is itself being remade with a slate of new nominees.

  • February 5, 2018

    Ex-UBS Trader Wants Feds' Fraud, Spoofing Counts Tossed

    A former UBS trader accused of scheming to manipulate the precious metals market through a trading tactic known as “spoofing” told a Connecticut federal court on Monday that prosecutors had asked a Connecticut grand jury to sign off on the seven counts he’s now facing in a criminal case despite knowing six of them couldn’t be tried in that district.

  • February 5, 2018

    Comcast Rival Hits Back In Sports Network Dispute At FCC

    West Coast cable company Wave Broadband has hit back at an attempt by Comcast Cable to quash allegations it extracted from Wave a $3.5 million “punitive ransom” for regional sports programming, telling the Federal Communications Commission that Comcast’s procedural arguments are a “distraction built on a fiction.”

  • February 5, 2018

    Samsung Seeks US Block Of Huawei’s China Patent Injunction

    Samsung asked a California federal judge Thursday to block Chinese smartphone maker Huawei from enforcing an injunction it won in China last month ordering Samsung to stop making or selling devices that infringe two Huawei patents found to be essential to industry standards for 4G wireless technology.

  • February 5, 2018

    Apple Fights Deadline Sanctions In Qualcomm Antitrust Row

    Apple urged a California federal court on Friday to reverse a $300,000 sanctions order imposed for missing a deadline to produce documents requested by Qualcomm in antitrust litigation against the chipmaker over its licensing practices, saying it should have been given a warning as a third party.

  • February 5, 2018

    Chamber Urges 9th Circ. To Nix Seattle’s Uber Union Law

    The U.S. Chamber of Commerce urged a Ninth Circuit panel on Monday to find Seattle’s ordinance allowing Uber and Lyft drivers to unionize doesn’t qualify for an exemption to federal antitrust laws, arguing that the city’s powers to regulate transportation companies don’t extend to authorizing collective bargaining.

  • February 5, 2018

    Heir-Tracking Co. Urges 10th Circ. To Refuse Antitrust Case

    A Utah-based heir-tracking company on Friday urged the Tenth Circuit to reject the U.S. Department of Justice’s attempt to reinstate criminal antitrust allegations against it, arguing the trial court correctly found the government waited too long to bring its case.

  • February 2, 2018

    Kraft, Others Revive Egg Price-Fix Claims At 3rd Circ.

    The Third Circuit revived claims by Kraft Foods Inc. and others that certain suppliers conspired to fix the prices of eggs, finding in an issue of first impression that direct purchasers of an allegedly fixed-price product can sue even if some of the products come from nonconspirators.

  • February 2, 2018

    Morgan Stanley, Others Must Face ISDAfix Rate-Rigging Suit

    A New York federal judge Friday refused to toss some antitrust allegations from investors claiming that Morgan Stanley and other banks rigged a benchmark interest rate to cheat them on swap transactions, but did shave other claims requested by Nomura Securities International and Wells Fargo.

  • February 2, 2018

    More Than 91K Au Pairs Get Class Cert. In Wage Suit

    A Colorado federal judge on Friday partially granted class certification to more than 91,000 au pairs alleging that multiple sponsor agencies colluded to set low pay rates, finding that of the proposed classes, only a nationwide one asserting state law claims failed to meet the typicality requirement.

  • February 2, 2018

    Chinese Co. Escapes $2.4B Judgment In Price-Fixing Row

    A California federal judge has refused to enter a $2.4 billion default judgment against Irico Group Corp. and its subsidiary in cathode ray tube price-fixing litigation, despite the state-owned Chinese electronics company’s yearslong absence in the suit, giving the company another chance to defend itself.

  • February 2, 2018

    Mylan Says Celgene Claims Still Timely In Antitrust Suit

    Mylan Pharmaceuticals Inc.’s antitrust lawsuit accusing Celgene Corp. of stifling generic competition for the brand-name cancer drug Thalomid isn’t barred by the four-year statute of limitations because the clock didn’t begin ticking until the damages were “reasonably concrete and measurable,” the generic-drug maker told a federal judge Thursday.

Expert Analysis

  • The Johnson Conviction And Fallout For Forex Market

    Paul Hinton

    The recent conviction of former HSBC foreign exchange executive Mark Johnson has shocked market participants and could lead to a reduction in liquidity for block trades in the foreign exchange and other over-the-counter markets, say members of The Brattle Group and AGN Advisory.

  • Opinion

    Leave The Never-Was-Neutral Net Alone

    Doug Hass

    Federal Communications Commission Chairman Ajit Pai bills his recent net neutrality proposal as a “repeal” of the 2015 rules, but it really just imposes his own version of net neutrality through impenetrable and ultimately ineffectual disclosures that both harm providers and confuse users, says Doug Hass, general counsel at Lifeway Foods Inc.

  • Putting China’s Fair Competition Review System Into Action

    Shelley Zhang

    Five competition-related authorities recently issued another “top-level design" for promoting implementation of China’s Fair Competition Review System, which should contribute to achieving the Chinese government's goals of regulating the activities of government agencies and maintaining fair competition in markets, say Shelley Zhang and David Goldstein of Orrick Herrington & Sutcliffe LLP.

  • Ex Ante Rate Disclosure In Tech Standards, A Decade Later

    Anne Layne-Farrar

    In 2007, the VITA Standards Organization made history — and stirred up a lot of controversy — by adopting a patent policy that mandates “ex ante” royalty rate disclosures. I recently spoke to Ray Alderman, who conceived of and pushed the new policy through implementation, about the factors that have made the policy a success over the last 10 years, says Anne Layne-Farrar of Charles River Associates.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • The Latest Trends In Drug Monopolies

    Miriam Vishio

    Given the potential of certain "anti-generics" strategies to stymie competition, antitrust scrutiny likely will only intensify. The ramifications for pharmaceutical companies, consumers, payors and sovereign entities could be significant as courts consider these burgeoning strategies, say Miriam Vishio and Nicholas Cheolas of Zelle LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • And Now A Word From The Panel: 5 MDL Lessons

    Alan Rothman

    In recent years, the Judicial Panel on Multidistrict Litigation has assigned many MDL cases to judges who have not previously presided over MDL proceedings. The panel still assigns cases to experienced MDL judges as well, but prior experience is clearly not a prerequisite for being an MDL transferee judge, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • CFTC's Troubling Price Manipulation Claims Against Statoil

    Norman Bay

    Statoil ASA will pay $4 million to resolve claims that the company attempted to manipulate propane prices, but the intent evidence that the U.S. Commodity Futures Trading Commission relied upon is not very persuasive, say attorneys with Willkie Farr & Gallagher LLP.