Competition

  • April 10, 2018

    DOJ Fails To Appeal 2nd Circ.'s Compelled Testimony Ruling

    The U.S. Department of Justice did not meet a Friday deadline to ask the U.S. Supreme Court to review a Second Circuit decision dismissing the convictions of two former Rabobank traders over constitutional concerns stemming from the use of testimony compelled overseas.

  • April 10, 2018

    DOJ Seeks UK Banking Group Testimony In Libor-Rigging Suit

    Prosecutors on Monday sought to get a last-minute interview with a former British banking group official in a case against two ex-Deutsche Bank traders accused of rigging the London Interbank Offered Rate after a Manhattan federal judge suggested the case may hinge on such evidence.

  • April 10, 2018

    CFIUS Casts Wider Net, With Eye On Consumer Data Access

    Amid an environment increasingly hostile to foreign involvement in the U.S. economy, the Committee on Foreign Investment in the United States has been broadening its view of what constitutes a national security concern severe enough to block a deal, paying special attention to Chinese acquirers and access to consumer data.

  • April 10, 2018

    Taxi Cos. Cry Foul On Uber's Bid To Toss Antitrust Suit

    Hundreds of Boston-area taxi companies late Monday hit back against a bid by Uber Technologies Inc. to escape an antitrust suit, arguing they have done enough to show the ride-hailing service has unfairly priced its service in an effort to wipe out competition from traditional taxis.

  • April 9, 2018

    NCAA Wants Athlete's Pay Cap Antitrust Trial Pushed To 2019

    The National Collegiate Athletic Association asked a California federal court on Friday to postpone a December trial over whether its restrictions on student-athlete compensation are anti-competitive, saying a key defense attorney has scheduling conflicts.

  • April 9, 2018

    Boston Ignored 'Duck Tour' License Applications, Suit Says

    A businessman who’s been trying for 15 years to enter the “duck tour" industry has sued the Boston police commissioner and a lieutenant for allegedly ignoring his application for a sightseeing license needed to guide tourists through the city’s streets and waterways with amphibious vehicles.

  • April 9, 2018

    NY Cracking Down On Local Cartels With Criminal Charges

    The New York State Attorney General’s antitrust chief, Beau Buffier, told Law360 his team is bringing criminal bid-rigging and price-fixing cases in an effort to fill a local void left by federal enforcers, as his office announced a settlement and conviction in a case involving upstate trash collectors on Monday.

  • April 9, 2018

    AT&T Doesn’t Want To ‘Cannibalize’ Satellite TV, DOJ Says

    AT&T may be expanding into online live television, but the U.S. Department of Justice put an executive from its DirecTV subsidiary on the stand Monday to show that after a merger with Time Warner, the combined company could use its newly acquired online leverage to protect its satellite service and eliminate competition from internet-delivered programming.

  • April 9, 2018

    Coachella Owner Faces Antitrust Suit Over Artist Controls

    The owner of Coachella was hit with a lawsuit in Oregon federal court on Monday claiming the California mega-festival employs anti-competitive practices, such as barring artists from performing at other musical events within approximately 1,300 miles in the months surrounding the spring happening.

  • April 9, 2018

    Deals Rumor Mill: Bayer, Viacom, Haidilao

    Bayer won U.S. Department of Justice approval to buy Monsanto, Viacom wants $2.8 billion more to merge with CBS, and Chinese hotpot chain Sichuan Haidilao Catering wants to raise at least $600 million in a Hong Kong public listing.

  • April 9, 2018

    Jones Day Nabs Former GE Counsel For Competition Practice

    A former General Electric global executive counsel for competition law and policy has joined Jones Day as a partner in the firm’s antitrust and competition law practice, the firm announced recently.

  • April 9, 2018

    Monster Rival’s Antitrust Suit 'Defective': 9th Circ. Judge

    A Ninth Circuit panel on Monday appeared skeptical of reviving an energy drink company’s antitrust lawsuit claiming Monster Energy Co. bullies military resale outlets into keeping rivals off store shelves, with one judge saying that the complaint is defective since it fails to specify Monster’s share of the market.

  • April 9, 2018

    11th Circ. Will Rethink Body Shops' Win In Antitrust Case

    The full Eleventh Circuit will rehear a panel decision reviving lawsuits by auto body shops that say State Farm and other insurers conspire to manipulate car repair costs, the panel announced Friday.

  • April 9, 2018

    1st Euribor-Rigging Trial Gets Underway In London

    The trial of five traders accused of rigging Euribor began in London on Monday in the latest chapter of the Serious Fraud Office’s long-running investigation into the manipulation of the interest rate benchmarks used to price trillions of dollars of securities.

  • April 6, 2018

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

    The last week has seen more retailers sue Visa and MasterCard, a Jordanian insurer take AIG to court, and a professional negligence claim against Pinsent Masons LLP and investment bank Daniel Stewart & Co. by a troubled Chinese sportswear maker whose listing they handled. Here, Law360 looks at those and other new claims in the U.K.

  • April 6, 2018

    Saveri Firm Snags Calif. Antitrust Atty For 1st New Partner

    The Joseph Saveri Law Firm has brought on its first-ever additional partner, according to a recent announcement by the national boutique firm, which described the hire as a highly regarded California antitrust and class action attorney.

  • April 6, 2018

    HSBC, Deutsche Get $340M In Libor Settlements Approved

    A New York federal judge granted preliminary approval on Thursday for separate settlements by HSBC Bank and Deutsche Bank AG totaling $340 million in the multidistrict litigation accusing several large financial institutions of manipulating the London Interbank Offered Rate.

  • April 6, 2018

    EU Approves Tax-Relief Schemes In France, Italy, Portugal

    The European Union’s executive body on Friday approved tax breaks for the French post office, investors in earthquake-damaged areas of Italy and Portugal’s maritime shipping industry, declaring all three schemes in line with EU rules on state aid to businesses.

  • April 6, 2018

    BCBS Must Face Tough Per Se Test In Antitrust MDL

    An Alabama federal judge decided Thursday that health care providers and subscribers suing Blue Cross Blue Shield insurers need only prove that the insurance plans plotted to divvy up geographic markets to succeed on those claims in antitrust multidistrict litigation, dealing a setback to the network.

  • April 6, 2018

    K-Line Cops To Cartel Charges In Australia Amid Global Probe

    Japanese shipper K-Line will face an Australian court for sentencing in November after becoming the second company to plead guilty to criminal cartel charges related to the shipping of vehicles into the country, the latest enforcement action amid an international probe of the activity.

Expert Analysis

  • Using The Purchase Funnel To Analyze Consumer Behavior

    Nikita Piankov

    In many lawsuits, questions of impact and damages turn on whether the defendant’s conduct caused consumers to buy more or fewer of a product than they would otherwise. A better understanding of the consumer decision process can be derived using what economists call the "purchase funnel," say Nikita Piankov of Analysis Group and Catherine Tucker of the MIT Sloan School of Management.

  • Antitrust Questions Posed By The Justices In AmEx Case

    Steven Levitsky

    Ohio v. American Express is an important U.S. Supreme Court case that could decide the standard by which complex, “two-sided market” antitrust claims will be litigated. At oral argument on Monday, Justice Neil Gorsuch was the most aggressive questioner and strongly supported affirming the Second Circuit, says Steven Levitsky of Bona Law PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • The Volkswagen Scandal: Catalyst For Class Action Change?

    Noah Wortman

    The sheer scale and global nature of the Volkswagen diesel emissions scandal has led to discussions about how such high-volume consumer cases are handled, with some commentators suggesting that the case represents a turning point in how class action litigation is viewed and handled, particularly in Europe, say Noah Wortman, global head of class action services at Goal Group, and attorneys with Hausfeld LLP.

  • Could AI Take Over Standard Development Organizations?

    Ray Alderman

    The use of artificial intelligence in the existing technical standards development process might raise certain procedural, operational and legal questions in the future, say Ray Alderman of VITA and David Newman of Gould & Ratner LLP.

  • Opinion

    4 Ways New Chairman Can Create An Innovation-Friendly FTC

    Daniel Castro

    The Federal Trade Commission's incoming leaders will have an opportunity to solidify the FTC’s reputation as both a strong consumer advocate and a champion for innovation. To this end, there are several principles that should guide Chairman Joseph Simons when he takes the helm, say Daniel Castro and Alan McQuinn of the Information Technology and Innovation Foundation.

  • How To Deal With New Vertical Merger Enforcement Risks

    Jon Dubrow

    Recent announcements by senior antitrust officials at the U.S. Department of Justice suggest that merging parties in vertical transactions will face an increased burden in convincing the DOJ to settle. With a heavy skepticism toward behavioral remedies, the DOJ will act more like a cop than a parole officer, say attorneys with McDermott Will & Emery LLP.

  • Disfavored Retailers Turn Up Volume On Robinson-Patman

    Morgan Nickerson

    While repeal of the Robinson-Patman Act has been requested for decades and government enforcement has been virtually nonexistent, a recent spate of private litigation highlights the legal risk associated with volume-based pricing strategies, say attorneys with K&L Gates LLP.

  • Was Heir-Tracker Antitrust Indictment A Hair Too Late?

    Robert Connolly

    A Utah federal judge who dismissed the indictment against heir-locator Kemp & Associates as time-barred was grasping at straws to avoid application of the payments theory, say former federal prosecutors Robert Connolly and Karen Sharp.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.