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Competition

  • November 21, 2018

    Qualcomm Gets Claims Trimmed In Patent Row With Apple

    Qualcomm has convinced a California federal judge to trim certain patent-related claims by Apple in the pair’s ongoing legal brawl, with the judge finding that Apple failed to show that the court still has jurisdiction over the claims in light of the chipmaker’s recent covenant not to sue over the patents at issue.

  • November 21, 2018

    Teva Execs Liable For Price-Hike Misstatements: Investors

    Investors suing Teva Pharmaceutical Industries Ltd. blasted a dismissal bid in Connecticut federal court by two former executives who claim that they did not sign the documents that allegedly concealed a price-hike scheme, saying that signature or no signature, the company officials were responsible for the content of the filings.

  • November 20, 2018

    Firm's Antitrust Claims Survive In Interest Rate Swaps MDL

    A New York federal judge on Tuesday denied a bid to dismiss fintech firm trueEX LLC’s antitrust claims against 11 banks that allegedly boycotted the firm’s interest rate swaps platform and funneled business to an exchange that they operated, finding the allegations mirrored others in the multidistrict litigation that were allowed to pass through.

  • November 20, 2018

    Sprint, T-Mobile Withheld Critical Merger Info, Agency Told

    A union and a consumer group are calling on New York regulators to reopen the record on Sprint and T-Mobile's proposed megamerger on grounds that the companies withheld key information during the public comment period on the deal.

  • November 20, 2018

    NCAA Falls 'Far Short' In Antitrust Trial Closings, Athletes Say

    NCAA athletes on Tuesday fired back at the association’s closing arguments in a landmark antitrust federal bench trial in California over NCAA rules that limit athlete compensation, arguing that the NCAA’s evidence falls “far short” of proving that its rules improve demand for college sports or help athletes integrate on campuses.

  • November 20, 2018

    FCC Lays Groundwork For Next Media Ownership Review

    Federal Communications Commission Chairman Ajit Pai announced Tuesday that the agency will open up its periodic review of media ownership rules at the FCC’s upcoming Dec. 12 meeting, specifically examining two rules affecting local media markets and a third that limits top-four network mergers.

  • November 20, 2018

    Au Pairs Resolve Antitrust Wage Suit Against Sponsors

    A group of agencies that sponsor au pairs to come to the United States has settled class action claims they colluded to suppress the childcare workers’ wages, a Colorado federal judge said Tuesday.

  • November 20, 2018

    4 Ways To Botch Merger Reviews With Enforcers And Courts

    There are lots of ways to try to persuade federal competition enforcers and courts to clear a merger, officials and current and former judges say, but also plenty of ways to get it wrong. Here, Law360 looks at four of the most glaring as gleaned from comments from agency officials at the American Bar Association’s Antitrust Section Fall Forum in Washington, D.C., and in recent interviews.

  • November 20, 2018

    Ignore AGs Meddling In Popular $84M AOA Deal, Docs Urge

    A group of doctors urged a New Jersey federal judge to accept their $84 million antitrust settlement with the American Osteopathic Association, arguing that a group of attorneys general who have stepped in at the last minute to oppose it are misinterpreting U.S. Supreme Court precedent and that no actual class members have objected.

  • November 20, 2018

    Cboe Says It Shouldn't Be Liable For VIX Manipulation

    Cboe Global Markets Inc. urged an Illinois federal court Monday to dismiss it from multidistrict litigation over alleged manipulation of the Chicago Board Options Exchange's volatility index, known as VIX, saying the role of overseeing exchanges falls to federal regulators.

  • November 20, 2018

    CVS Fights Bid To Block It From Contacting 340B Customers

    CVS Pharmacy Inc. urged a Florida federal court Monday not to issue an injunction requested by an administrator for the federal 340B Drug Pricing Program that would stop the pharmacy giant from allegedly misappropriating trade secrets to steal customers.

  • November 20, 2018

    Metaswitch Says Rival Telecom Co. Tried To Kill Competition

    Metaswitch Networks Ltd., a telecommunications company, filed an antitrust complaint in New York federal court Tuesday alleging that another telecom intended to eliminate competition among companies that transform landline phone networks through serial acquisitions and exclusionary tactics.

  • November 20, 2018

    Brazil Says Google Pricing Tool Probe Turned Up Nothing

    The superintendent general of Brazil’s antitrust watchdog has recommended ending an investigation into whether Google illegally tweaked its algorithm to favor its own price comparison tool over competitors’, saying it had discovered no harm to competition.

  • November 20, 2018

    Honigman Miller Adds Ex-FTC Official To Chicago Office

    The Chicago office of Honigman Miller Schwartz & Cohn LLP has added an antitrust attorney previously with the Federal Trade Commission who has extensive experience with merger investigations and health care.

  • November 20, 2018

    Producer's $2.3M Exit From Poultry Price-Fix Suit OK'd

    Georgia-based Fieldale Farms has secured a $2.25 million exit from a class of food service distributors’ suit surrounding an alleged decadelong industry-wide plot by poultry producers to ratchet up chicken prices, after an Illinois federal judge gave final approval to the settlement.

  • November 20, 2018

    EU Approves Takeda's £46B Shire Deal With Drug Sale

    Europe’s competition watchdog on Tuesday greenlighted Japanese pharmaceutical giant Takeda’s £46 billion ($60 billion) buy of Dublin’s Shire, provided it sells Shire’s inflammatory bowel disease drug to a buyer that will develop it.

  • November 20, 2018

    EU Moves Closer To New Foreign Investment Screening

    European Union officials on Tuesday announced a political agreement to install the trading bloc’s first-ever system to screen inbound foreign investment for potential security risks, in a move that will likely escalate tensions with China.

  • November 20, 2018

    MPs Can Ask ECJ If Brexit Is Reversible, Top UK Court Rules

    The U.K. cannot prevent six lawmakers from asking the European Court of Justice whether Britain can unilaterally reverse the process of leaving the European Union, the Supreme Court ruled on Tuesday, frustrating a government bid to keep the dispute in the domestic courts.

  • November 19, 2018

    Korean Cos. Altered Ramen Noodle Pricing Docs, Jury Hears

    A computer forensic expert took the stand Monday during the third day of a California federal jury trial over multimillion-dollar class claims that two South Korean companies fixed the prices of instant ramen noodles, testifying that the companies altered internal pricing documents before giving them to the Korean antitrust watchdog.

  • November 19, 2018

    New Express Scripts Policy Merits Suit Revival, Court Told

    A defunct mail-order pharmacy said its antitrust and breach of contract suit against pharmacy benefit manager Express Scripts should be revived after the PBM reversed its policy of not doing business with mail-order providers. 

Expert Analysis

  • What We Heard At The FTC Hearings: Day 2

    Jon B. Jacobs

    The Federal Trade Commission hearing on Friday featured two panels discussing the state of U.S. antitrust law and one panel on monopsony power. Jon B. Jacobs and Barry Reingold of Perkins Coie LLP offer key takeaways.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • What We Heard At The FTC Hearings: Day 1

    Barry Reingold

    Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The AmEx Case

    Evan Chesler

    In June, the U.S. Supreme Court issued a pivotal antitrust decision in Ohio v. American Express. Three partners at Cravath Swaine & Moore LLP who represented AmEx explain how one of the most significant antitrust enforcement actions in recent history led to a landmark precedent for two-sided platforms.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.