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Competition

  • June 28, 2018

    Ex-Willkie, Hunton Partner Disbarred Over $7.8M Fraud

    A former partner at Willkie Farr & Gallagher LLP and Hunton & Williams LLP was disbarred in New York on Thursday after pleading guilty to a $7.8 million wire fraud scheme in which she billed her former employers and MasterCard Inc. for work that was never performed.

  • June 28, 2018

    Why The Defense Bar Celebrates Kennedy

    Associate Justice Anthony Kennedy spent his three decades on the high court making a name for himself as a champion of individual freedoms, but he also authored the majority opinion in Ashcroft v. Iqbal that changed corporate litigation so much, it is cited in nearly every dismissal bid and has become the bane of the plaintiffs bar.

  • June 28, 2018

    UK Watchdog Looks To Revive £89M Drug Pricing Fine

    The U.K. competition authority said Thursday it has asked to appeal a tribunal’s decision ordering it to take a second look at a case wherein the watchdog slapped Pfizer and Flynn Pharma with a £89.4 million ($116.9 million) fine after finding excessive and unfair pricing of an anti-epilepsy drug.

  • June 28, 2018

    Roberts Becomes True Power As 'Kennedy Court' Ends

    The retirement of Justice Anthony Kennedy means that Chief Justice John Roberts is now the U.S. Supreme Court's most important member not just in title but also in reality, empowering him to advance a muscular conservative agenda and perhaps broker deals with outgunned liberals.

  • June 28, 2018

    FCC's O'Rielly Says Admin Hearings Wrongly Kill Mergers

    The Federal Communications Commission’s administrative law judge system is one of the easiest ways to strangle a proposed media merger, Commissioner Michael O'Rielly suggested Thursday, saying in a speech that the agency’s in-house review process should be scrapped.

  • June 28, 2018

    Consumers Slam Qualcomm's Bid To Limit IPhone Imports

    Smartphone consumers urged a California federal judge Thursday to prevent Qualcomm's attempt to force Apple to only import iPhones with Qualcomm chipsets, saying the chipmaker must face their antitrust multidistrict litigation over its patent licensing practices first.

  • June 28, 2018

    FCC Urged To Halt Sinclair-Tribune Deal Over Rules Review

    Nonprofit groups Public Knowledge and Common Cause on Thursday told the Federal Communications Commission to wait before deciding if Sinclair Broadcast Group Inc. can merge with Tribune Media Co. until after the D.C. Circuit has looked at whether the agency's viewership discounts under its UHF rule are lawful.

  • June 28, 2018

    Delay On Kennedy Replacement 'Ain't Going To Happen': GOP

    High-ranking Republicans on the Senate Judiciary Committee stood firm Thursday on keeping Majority Leader Mitch McConnell's promise to vote this fall on a replacement for retiring U.S. Supreme Court Justice Anthony Kennedy, with one saying Democrats' calls to wait until after the November midterms "ain't going to happen."

  • June 27, 2018

    From Iqbal To Citizens United: Kennedy's Biggest Decisions

    In his three decades on the high court, Justice Anthony Kennedy authored opinions that changed the rules for federal civil litigation, opened the floodgates for corporations and unions to fund campaign advertisements, and reshaped the legal landscape for women and same-sex couples.

  • June 27, 2018

    Life After Kennedy: 1 Big Question, 6 Judges To Watch

    President Donald Trump made it clear Wednesday that the world already knows the name of the person he is going to nominate to replace retiring Associate Justice Anthony M. Kennedy. The question is, which name will it be?

  • June 27, 2018

    'Goodbye, Tony!' Justices Bid Farewell To Kennedy

    As U.S. Supreme Court Justice Anthony Kennedy prepares to step down after three decades on the bench, his colleagues stepped forward to share stories about the man they know as “Tony,” describing a thoughtful coworker who built enduring friendships and made a lasting mark on the legal landscape.

  • June 27, 2018

    When Partisan Passion Raged, Kennedy Was The Vote To Get

    Throughout his three-decade run on the U.S. Supreme Court, Associate Justice Anthony Kennedy leveraged his precious swing vote to forge robust legacies in free speech, LGBT rights and capital punishment, clerks and court watchers told Law360 after the justice announced his retirement Wednesday.

  • June 27, 2018

    Sprint-T-Mobile Merger Will Multiply 5G Supply, Senate Told

    Sprint and T-Mobile's top brass defended the benefits of their proposed merger before a Senate subcommittee on Wednesday, arguing that the companies' combination would not present anti-competitive challenges because together they will create more fifth-generation technology market share for everyone.

  • June 27, 2018

    Proskauer Snags Litigation Partner From Kirkland In LA

    Proskauer Rose LLP said Wednesday it hired a former Kirkland & Ellis LLP commercial litigator with extensive trial and appellate experience in matters involving antitrust, class action, financial services and securities issues, bolstering its base in Los Angeles.

  • June 27, 2018

    FCC Tosses News Distortion Claim In CBS Merger Dispute

    The Federal Communications Commission rejected a challenge to Entercom Communications Corp.’s $1.6 billion merger with CBS Radio Inc. on Tuesday from a pair of petitioners who alleged CBS’ television stations engaged in “intentional news distortion” that called into question the company’s “basic character qualifications” to hold an FCC license.

  • June 27, 2018

    Australia Hits Air New Zealand With $11M Price-Fixing Fine

    Australian antitrust authorities announced AU$15 million (U.S. $11 million) in fines Wednesday handed down by a national court against Air New Zealand Ltd. on allegations the company participated in a wide-ranging antitrust conspiracy with other airlines to fix cargo shipping prices.

  • June 27, 2018

    EU Clears Pool Cleaner Merger Sans Robotics Unit

    The European Union's top competition regulator said Wednesday that a Spanish pool cleaning business could merge with a similar company in the U.S. as long as it divests its robotics branch, a condition the companies accepted. 

  • June 27, 2018

    GOP Kicks Off Race To Confirm Kennedy Replacement

    Supreme Court Justice Anthony Kennedy’s retirement announcement Wednesday echoed like a starting gun in the Senate, setting off a sprint from Senate Republicans who said they plan on having his replacement confirmed before the fall elections.

  • June 27, 2018

    Justice Kennedy's Retirement To Upset High Court Balance

    Associate Justice Anthony Kennedy, 81, the U.S. Supreme Court's most senior member, is stepping down from the bench, the court announced Wednesday. His retirement will hand President Donald Trump the chance to replace a crucial swing vote and shift the ideological balance of the court to the right.

  • June 27, 2018

    Disney To Sell Sports Networks To Clear $71B Fox Deal

    The U.S. Department of Justice said Wednesday that The Walt Disney Co. has agreed to sell 22 regional sports networks in order to win clearance for its $71.3 billion purchase of 21st Century Fox Inc.'s film and television studios and other assets.

Expert Analysis

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Antitrust Concerns About Big Data May Be Overblown

    Paul Eckles

    The antitrust world has begun to take notice of the ever-growing amount of data being shared across networks and devices, resulting in calls for new laws and increased enforcement efforts. However, existing antitrust principles — when correctly applied — are sufficient to police a firm’s purported misuse of big data, say Paul Eckles and Luke Taeschler of Skadden Arps Slate Meagher & Flom LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Time For M&A Parties To Take Gun-Jumping Rules Seriously

    Tobias Caspary

    The European Commission last week imposed a €124.5 million ($152.3 million) fine on Altice, which dwarfs previous gun-jumping fines by any other antitrust authority worldwide. While the rules on gun jumping may not yet be clear, what is already evident is the increasing focus of European and other regulators on procedural misdemeanors, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Don’t Sleep On The Dormant Commerce Clause

    Stephen McConnell

    The Fourth Circuit recently held that a Maryland statute, which prohibited drugmakers and distributors from charging an "unconscionable" price even on sales that occurred outside the state, was a violation of the dormant commerce clause. We cannot read this case without daydreaming about how its logic might apply to other cases, says Stephen McConnell of Reed Smith LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Insurers A Little Bluer After BCBS Antitrust Decision

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    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • Antitrust Damages Analysis Can Respect International Comity

    Pian Chen

    A controversial issue argued Tuesday before the U.S. Supreme Court was whether the Second Circuit should have given complete deference to a declaration that price-fixing by two vitamin C manufacturers was required by Chinese law. When a foreign government’s regulation is exempt, measuring damages attributable only to the cartel respects international comity while also recognizing how foreign cartels can harm U.S. customers, say members of Monument Economics Group.