Competition

  • July 3, 2017

    The Biggest M&A Moments Of 2017's First Half

    The first half of the year saw several big-ticket deals and takeover attempts implode amid regulatory woes and disagreements over valuation, even as a much-anticipated tech deal was unveiled and another closely watched buyout just escaped a derailment. Here, Law360 recaps the most headline-worthy M&A moments of the year so far.

  • July 3, 2017

    Teva Wants Ex-Exec DQ'd As Expert In Namenda Buyers' Suit

    Teva Pharmaceuticals USA has urged a New York federal judge to disqualify one of its former executives as an expert in an antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment, saying the former employee has been exposed to confidential information related to Teva.

  • July 3, 2017

    EXCLUSIVE: FCA Exec Warns New Era Of Probes Here To Stay

    The U.K.'s Financial Conduct Authority has begun opening more and more investigations as it strives to tackle tougher cases — and financial services firms shouldn't expect respite any time soon, the regulator's top enforcement official told Law360 in an exclusive interview.

  • June 30, 2017

    Subscribers Fumbled NFL Sunday Ticket Dispute, Judge Says

    A California federal judge on Friday dismissed multidistrict antitrust litigation against the National Football League and DirecTV over their Sunday Ticket viewing package, ruling that the subscribers haven't proven an antitrust injury.

  • June 30, 2017

    Novartis Escapes End Payors' Gleevec Antitrust Suit

    A Massachusetts federal judge on Friday granted Novartis Pharmaceuticals Corp.’s bid to toss a proposed class action alleging the company participated in an anti-competitive scheme to extend its monopoly on leukemia drug Gleevec.

  • June 30, 2017

    Judge Asks For Depo Help In Microsoft's Price-Fixing Suit

    A California magistrate judge has asked the United Kingdom’s judicial system to help produce a witness to be deposed in Microsoft Mobile Inc.’s antitrust litigation against Samsung SDI over alleged price-fixing for lithium-ion batteries, which has been paused for arbitration in Finland.

  • June 30, 2017

    SolarCity Blasts Utility Bid To Delay Antitrust Suit At 9th Circ.

    SolarCity Corp. said Thursday that the Ninth Circuit should deny a request from an Arizona utility to delay issuing its mandate so the utility can appeal to the U.S. Supreme Court a lower court’s determination that it wasn’t immune from an antitrust suit.

  • June 30, 2017

    UK Antitrust Watchdog Unveils New Leniency Guidance

    The United Kingdom's antitrust regulator on Friday unveiled proposed guidelines geared toward streamlining the leniency application process for those bringing cartel activity in regulated industries like banking and telecommunications to the watchdog's attention.

  • June 30, 2017

    Intel To Get Answer On €1.1B EU Fine Appeal In Sept.

    The European Union's highest court will rule on Intel Corp.'s bid to overturn its €1.06 billion abuse of dominance fine on Sept. 6, in a highly anticipated decision in the long-running dispute over the chipmaker's exclusive loyalty rebates.

  • June 30, 2017

    EU Watchdog Finds Polish Retail Tax Unfair To Large Firms

    Poland’s proposed retail tax ran afoul of European Union rules on state aid, a European Commission investigation found on Friday, saying that the program gave smaller companies an advantage over their larger counterparts.

  • June 30, 2017

    Haldex Walks From Knorr-Bremse Bid Amid Antitrust Woes

    Swedish brake company Haldex on Friday pulled its support for a 5.52 billion Swedish kronor ($653.7 million) takeover offer from German rival Knorr-Bremse, contending that the deal has a “very low probability” of securing antitrust approval.

  • June 29, 2017

    EU Watchdog Stops Clock On $38B Qualcomm Antitrust Probe

    The European Union suspended its probe Wednesday into whether Qualcomm Inc.’s proposed $37.7 billion acquisition of NXP Semiconductors will harm competition for semiconductors used in mobile devices and vehicles because the chipmakers hadn’t provided key information on time.

  • June 29, 2017

    Equinix Monopolizing High-Speed Trading Access, Suit Says

    Trading platform Tradestream Analytics Ltd. launched an antitrust suit against data center service firm Equinix Inc. in New Jersey federal court Wednesday, accusing it of cornering the market for low-latency trading services for options and stock exchanges.

  • June 29, 2017

    GAO Finds Potential Waste, Fraud In FCC’s Lifeline Program

    The U.S. Government Accountability Office said in a report released Thursday that the Federal Communications Commission’s Lifeline program is susceptible to waste and abuse, with auditors unable to confirm whether a third of the participants it reviewed were truly eligible.

  • June 29, 2017

    Waymo Can’t Drag Sex Harassment, Feds Into Uber IP Fight

    The California federal judge overseeing Waymo’s trade secret fight with Uber told attorneys for the unit of Google parent Alphabet Inc. on Thursday he won’t allow them to present evidence of sexual harassment scandals inside Uber or tell jurors that he referred the case to federal prosecutors, calling the latter suggestion an “insult to my intelligence.”

  • June 29, 2017

    Walgreens Gets Creative To Overhaul Troubled Rite Aid Bid

    Drugstore operator Walgreens went back to the drawing board to work around seemingly insurmountable antitrust hurdles to its planned takeover of Rite Aid, opting to snap up a series of specific locations instead of attempting even more divestitures to appease regulators. Here, Law360 recaps the many twists and turns that ultimately spurred a new transaction.

  • June 29, 2017

    Experts Split On Group To Curb Int'l Antitrust Abuse

    A number of antitrust practitioners told a House panel Thursday they needed a new high-level working group to help mitigate international abuses of competition law that harm U.S. companies, following on a Chamber of Commerce-commissioned report on antitrust enforcement.

  • June 29, 2017

    Ex-Employee Hits McDonald's With Suit Over No-Hire Policy

    A former employee of a Florida McDonald's franchise sued the fast-food giant in Illinois federal court Wednesday, claiming that a policy prohibiting employee poaching that all franchisees must agree to is anti-competitive to the detriment of employees.

  • June 29, 2017

    How Law Firms Can Prepare For More State AG Actions

    State attorneys general can be expected to heighten enforcement activities to fill a perceived consumer protection void left by the Trump administration’s changing priorities, and law firms need to get ready.

  • June 29, 2017

    Fox's Sky Buy Raises Plurality Concerns, UK Watchdog Says

    The United Kingdom's Office of Communications found that 21st Century Fox Inc.'s $14.4 billion takeover of Sky PLC has raised public interest concerns, namely over media plurality, according to a report the telecom watchdog released Thursday.

Expert Analysis

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • FCC And Congress May Reshape The Media Landscape

    Rebekah Goodheart

    In the near future, actions taken by Congress and the Federal Communications Commission are likely to pave the way for greater media consolidation without violating the commission's media ownership rules. As a result, the media landscape is likely to look different in a few years from now, say Rebekah Goodheart and Samuel Jacobson of Jenner & Block LLP.

  • UK Election Result: Stalemate Or Checkmate For Business?

    Sir Paul Jenkins

    The solid foundation to Brexit negotiations that Theresa May thought she would lay down with this election has crumbled to dust. And the result for businesses planning for a post-Brexit world is a prolonged period of speculation and uncertainty, according to Alistair Maughan of Morrison & Foerster LLP and Sir Paul Jenkins, the U.K. government's most senior legal official from 2006 to 2014.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Clearing Up CAFA Post-Removal Amendments At 9th Circ.

    Jaikaran Singh

    The Ninth Circuit's recent decision in Broadway Grill v. Visa provides clarity regarding its previous decision in Benko v. Quality Loan Service, and the extent to which a class action plaintiff may amend the complaint post-removal when the effect of which would preclude federal jurisdiction under the Class Action Fairness Act, say Jaikaran Singh and Andrew Legolvan of Dentons.

  • Reforming HSR Treatment Of Partial Acquisitions: Part 2

    Jack Sidorov

    In part one of this article, Jack Sidorov of Lowenstein Sandler LLP outlined Hart-Scott-Rodino treatment of partial acquisitions and suggested three major changes. Here, he explores the rationale for those changes — and how they can be implemented smoothly.

  • Reforming HSR Treatment Of Partial Acquisitions: Part 1

    Jack Sidorov

    Given recent advice from a working group within the International Competition Network, and an administration focused on deregulation, this is a good time to revisit the Hart-Scott-Rodino treatment of partial acquisitions to see if HSR coverage can be narrowed without sacrificing its usefulness as an antitrust enforcement tool, says Jack Sidorov of Lowenstein Sandler LLP.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • A Review Of Recent Cases Against Execs: Part 2

    Lauren Briggerman

    In the second half of their summary of major government investigations affecting corporate executives this spring, attorneys with Miller & Chevalier Chtd. highlight key developments that affect executives beyond the investigation phase, including noteworthy sentencings, judicial rulings, and government policies and guidance.