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Competition

  • October 4, 2018

    UK Wants To Make Sure Small Businesses Get Paid Faster

    The U.K. government said Thursday that it plans to seek the business community’s views regarding the problems of large businesses using late payments to control smaller ones that they compete against and of how to pay smaller companies more quickly.

  • October 4, 2018

    Nokia Says No Licensing Duty Among Rival Cell Part Makers

    Cellular standard-essential patent practices have "never" required SEP holders to license that technology at the component level rather than the final product, Nokia said Wednesday in seeking to back Qualcomm against a Federal Trade Commission effort to require just that amid an antitrust suit in California federal court.

  • October 4, 2018

    EU Approves Slovakia's $144M Jaguar Land Rover Investment

    The European Union's competition authority on Thursday approved a €125 million ($143.9 million) investment from Slovakia to help Jaguar Land Rover build a new plant in the country, rather than in Mexico, saying the move is in line with the bloc's state aid rules.

  • October 4, 2018

    Chicago Assigned As Venue For TV Ad Price-Fixing MDL

    Tribune Media Co., Sinclair Broadcast Group Inc. and other media giants will face consolidated allegations of colluding to fix prices for TV ads in Illinois federal court after the Judicial Panel on Multidistrict Litigation ruled Wednesday that Chicago represents a centralized location for the case.

  • October 4, 2018

    Car Data Co. Wants Discovery Quashed In Antitrust MDL

    A vehicle information services company has urged an Illinois federal judge to shut down a discovery request from a digital registration company in antitrust multidistrict litigation, saying any discovery should wait until its motion to dismiss is resolved.

  • October 4, 2018

    Lloyds Ordered To Overhaul Systems After PPI Breaches

    The U.K.’s competition regulator ordered Lloyds Banking Group PLC to overhaul its payment protection insurance systems after it failed to remind around 14,000 customers that they could cancel their policies, the watchdog said Thursday.

  • October 4, 2018

    RBS Denies Convicted Trader Influenced Euribor Submissions

    RBS told a London court Thursday that a former trader convicted of rigging Euribor did not influence the bank's submissions for the benchmark rate, fighting a €996 million ($1.1 billion) swaps lawsuit from the owners of Santander’s global headquarters.

  • October 3, 2018

    Nippon’s $60M Fine Reflects ‘Discount’ For DOJ Flub: Judge

    A California federal judge on Wednesday approved a $60 million fine against Nippon Chemi-Con Corp. for its role in a price-fixing conspiracy, but complained it had won a "discount" on the maximum because a U.S. Department of Justice attorney's possible conflict jeopardized the government's case.

  • October 3, 2018

    FDA Petition-Shaming Plan Gives Ammo To Antitrust Suits

    The U.S. Food and Drug Administration appears poised to shame branded-drug makers that make strategically timed objections to generic-drug approval standards, providing new ammunition for antitrust suits over delayed access to lower-cost medicines.

  • October 3, 2018

    Delrahim Says Critics Of DOJ's Patent Shift Are Wrong

    Makan Delrahim, the head of the U.S. Department of Justice’s antitrust division, on Wednesday defended his advocacy of more scrutiny of licensees in the standard essential patent process, telling a Senate oversight subcommittee that the shift from prior patent-focused antitrust enforcement is backed by leading academics.

  • October 3, 2018

    Tuna Cos. Skewer Food Preparer Cert. Bid In Price-Fix MDL

    Seafood producers have blasted the efforts of commercial food preparers to win class status in multidistrict litigation over alleged tuna price-fixing, telling a California federal judge Tuesday there’s no way to show common damages that justify collective action.

  • October 3, 2018

    FTC Says No Harm After EU's In-House Counsel Privilege Rule

    The European Union’s high court ruling that legal professional privilege does not cover communications with in-house counsel during competition probes has not led to a decline in the ability to give confidential advice to attorneys, the Federal Trade Commission said in a blog post Wednesday.

  • October 3, 2018

    Car Dealer Data Co. Settles With Dealerships In Antitrust Case

    The Reynolds and Reynolds Co. has reached a settlement agreement with a group of car dealerships over their claims in multidistrict litigation accusing the company of working with rival CDK Global LLC to monopolize the car dealership data market.

  • October 3, 2018

    CRT Indirect Buyers Seek Fee-Share After 9th Circ. Pushback

    Indirect buyers of cathode ray tubes from three states originally excluded — allegedly inappropriately by class counsel — from a $576.8 million bundle of antitrust settlements with technology giants such as Philips, Panasonic and LG may get a cut after all, following pushback from a Ninth Circuit panel in April.

  • October 3, 2018

    Apple Denied Bid To Pull Back Docs In Qualcomm Fight

    Apple Inc. can’t claw back dozens of documents turned over in its epic patent fight with Qualcomm Inc., a California federal judge ruled Tuesday, saying Apple failed to show that it tried to head off their inadvertent release.

  • October 2, 2018

    Deutsche Libor Trial Judge Eyes Internal Paul Weiss Probe

    The judge overseeing the trial of two former Deutsche Bank traders accused of benchmark rate rigging heard from a Paul Weiss Rifkind Wharton & Garrison LLP partner on Tuesday who led an internal investigation into the German lender over alleged Libor misdeeds, in order to determine if evidence from purportedly compelled statements should be kept out of the jury’s view.

  • October 2, 2018

    Multiple Cos. Dropped From VIX Manipulation MDL, For Now

    Cboe Global Markets Inc. will face multidistrict litigation over alleged manipulation of its volatility index largely alone after investors dropped virtually all other defendants from their case in Illinois federal court, having previously said they wanted to pursue the case in two parts.

  • October 2, 2018

    Anti-Monopoly Group Wants 1st Circ. To Rehear Novartis Case

    An anti-monopolization group urged the First Circuit on Tuesday to revive an antitrust proposed class action against Novartis, saying federal judges should not assume that corporations never get away with omitting information from the U.S. Patent and Trademark Office or other agencies.

  • October 2, 2018

    NCAA Can't Introduce New Witness Proffer, Athletes Say

    Student-athletes challenging the NCAA's rules limiting player compensation in a landmark antitrust bench trial have urged a California federal judge not to admit a new "offer of proof" about the burdens of upending those rules from a deposition witness who never testified.

  • October 2, 2018

    States Urge Justices To Flip Illinois Brick In Apple Case

    Several states urged the U.S. Supreme Court on Monday to overturn its landmark Illinois Brick ruling, which limits who can pursue damages under federal antitrust law, providing support to app buyers accusing Apple of illegally monopolizing the iPhone app market.

Expert Analysis

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Japan's Balanced Approach To SEP Licensing

    David Kappos

    The Japan Patent Office's new guide to licensing for standard-essential patents maintains an admirable neutrality in tone, language and substance, making it an effective reference tool for all sides in SEP licensing, says David Kappos, a partner at Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • When Antitrust Conspiracy Cases Merit Summary Judgment

    George Gordon

    The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.