Competition

  • July 10, 2017

    Perkins Coie Snags DOJ Vet Who Helmed Anthem Challenge

    Perkins Coie LLP bolstered its antitrust ranks Monday with the addition of partner Jon Jacobs, an experienced U.S. Department of Justice litigator who recently served as lead trial counsel in the successful challenge to the $54 billion merger between Anthem and Cigna.

  • July 10, 2017

    MLB Points To Win Over Minor Leaguers In Scouts' Appeal

    Faced with a Second Circuit appeal by scouts who say Major League Baseball unlawfully suppresses their wages, the league on Friday pointed to a ruling last month by the Ninth Circuit upholding a nearly century-old baseball antitrust exemption, arguing the exclusion of the pay claims by minor league ballplayers, in that case, shows that the scouts’ claims should similarly be dismissed.

  • July 10, 2017

    Retailers Ask High Court To Flip AmEx Anti-Steering Ruling

    A retail advocacy group, Southwest Airlines Inc. and Discover Financial Services are among the voices that have chimed in asking the U.S. Supreme Court to review a Second Circuit decision letting American Express Co. levy rules on merchants, saying those rules are harmful to consumers and retailers alike.

  • July 10, 2017

    Morgan Lewis Lands Eckert Seamans Atty In Pittsburgh

    Morgan Lewis & Bockius LLP announced Monday that it has landed a former leader of the product liability and life sciences groups at Eckert Seamans Cherin & Mellott LLC — who handles competition, intellectual property and other contractual disputes — to serve as a partner in its Pittsburgh office.

  • July 10, 2017

    Portugal Antitrust Watchdog Latest To Raid Insurance Sector

    Portugal's competition enforcer confirmed Saturday it had opened an investigation into the insurance sector with dawn raids at four companies, the latest in a string of European antitrust probes targeting the industry.

  • July 10, 2017

    Merger Of CenturyLink, Level 3 Gets More State Nods

    The states of Alaska, Colorado, Pennsylvania and New York have approved CenturyLink Inc.’s agreement to buy local exchange carrier and fiber optic internet provider Level 3 Communications Inc. for roughly $34 billion, bringing the total number of states and territories backing the deal to 21, CenturyLink said Monday.

  • July 10, 2017

    US Merger Investigations Continue To Drag On, Study Finds

    Significant merger enforcement investigations in the U.S. continued their recent trend of taking longer to reach an end, increasing to an average of more than one year, while enforcement activity dropped off slightly in the first half of 2017, according to a report released Monday.

  • July 10, 2017

    News Cos. Want Antitrust Pass To Confront Google, Facebook

    A trade association representing news organizations such as The New York Times, the Washington Post and the Wall Street Journal on Monday asked Congress to grant an antitrust exemption to allow publishers to collectively negotiate with Google Inc. and Facebook Inc. over the display of online news content.

  • July 7, 2017

    FanDuel, DraftKings Can’t Send Merger Challenge To Boston

    A D.C. federal judge on Friday refused to transfer the Federal Trade Commission’s challenge of a proposed tie-up between DraftKings Inc. and FanDuel Inc., rejecting the daily fantasy sports operators’ arguments that it would be easier to send the spat to Boston.

  • July 7, 2017

    Broker Who Copped Plea In $131M Stock Scam Gets 1.5 Years

    A Florida stockbroker who pled guilty to securities fraud last year for helping pump up the value of LED lighting company ForceField Energy Inc. in a scam that allegedly cost investors $131 million was sentenced to 18 months in prison by a New York federal judge on Friday.

  • July 7, 2017

    Tough EU Benchmarking Rules To Test Compliance Teams

    British regulators are gearing up to implement a sweeping new European Union law designed to restore faith in financial benchmarks following multiple high-profile scandals, and attorneys say the untested regime will put compliance units under enormous pressure.

  • July 7, 2017

    Apotex, Ranbaxy End Pay-For-Delay Suit Over Narcolepsy Med

    A Pennsylvania federal judge on Friday ended Canadian pharmaceutical company Apotex’s pay-for-delay suit accusing generic-drug maker Ranbaxy of violating antitrust laws by accepting a settlement with Cephalon that improperly delayed generic alternatives to the narcolepsy medication Provigil from entry into the market.

  • July 7, 2017

    FMC Offers Antitrust Fixes In Aid Of DuPont-Dow Merger

    Chemical company FMC Corp. on Thursday offered the European Union antitrust fixes for its $1.6 billion asset swap with DuPont Co., addressing concerns about the deal after the EU and the United States cleared with conditions a $130 billion merger of DuPont and Dow Chemical Co. that hinges on the FMC-DuPont swap.

  • July 7, 2017

    Sen. Wants Info On Admin Meddling In AT&T-Time Warner Deal

    The top Democrat on the Senate panel that oversees antitrust matters demanded answers on Friday over a report that White House advisers have considered using the government’s review of AT&T’s proposed $85 billion acquisition of Time Warner to put pressure on administration adversary CNN.

  • July 7, 2017

    National Food, Indirect Buyers Settle In Egg Price-Fix MDL

    National Food Corp. and indirect purchasers on Thursday told a Pennsylvania federal court they had resolved allegations that the company participated in a price-fixing conspiracy among egg producers and asked that the claims be dismissed.

  • July 7, 2017

    9th Circ. Won’t Pause SolarCity Antitrust Ruling

    The Ninth Circuit on Thursday ruled that rooftop solar firm SolarCity Corp.’s antitrust lawsuit against an Arizona utility can move forward, rejecting the utility’s argument that the case should be paused as the utility appeals the denial of its state-action immunity to the U.S. Supreme Court.

  • July 7, 2017

    Antitrust Watchdog Drives Final Nail In ICE-Trayport Tie-Up

    The U.K.’s antitrust enforcer on Friday issued a final decision in demanding that Intercontinental Exchange Inc. unwind a commercial agreement it forged with a trading software subsidiary that the global exchange giant was ordered to sell off, saying the contract could impede the sale of the unit.

  • July 7, 2017

    The Biggest Competition Cases Of 2017 So Far

    In the first half of 2017, the U.S. Department of Justice continued its winning streak in merger challenges, circuit courts ruled in pay-for-delay cases, and the Ninth Circuit revived litigation accusing Apple of abuse of dominance. Here, Law360 reviews some of the biggest decisions in competition litigation so far this year.

  • July 7, 2017

    Marsh, Aon Among Brokers Targeted In EU Antitrust Probe

    Wright Insurance Brokers, Marsh Ltd. and Aon PLC all said on Friday that they have been visited in Ireland by European Commission officials investigating whether firms have breached competition rules.

  • July 6, 2017

    Qualcomm Lobs New Claims At Apple In IP Suit, ITC Action

    Qualcomm Inc. fired two shots Thursday in a war with Apple Inc. over the patents it says are crucial to the iPhone’s function, lodging a patent infringement suit in California federal court and vowing to follow up with a complaint at the U.S. International Trade Commission.

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.