Competition

  • January 31, 2018

    Peco Stuck With Broiler Chicken Price-Fixing Suit For Now

    An Illinois federal judge on Wednesday refused to rethink his decision keeping Peco Foods tied to a major antitrust lawsuit brought by three classes of consumers alleging it and other poultry producers conspired to fix prices of broiler chickens, though the judge acknowledged the allegations "are thin.”

  • January 31, 2018

    Danish Watchdog Says CD Pharma Abused Its Dominance

    Denmark's competition authority on Wednesday accused pharmaceutical distributor CD Pharma of abusing its dominance by hiking the price of a drug used during childbirth by more than 2,000 percent, making it the latest enforcer to crack down on prescription drug pricing.

  • January 31, 2018

    UK's Antitrust Watchdog Hiring In Scotland

    The United Kingdom’s antitrust enforcement agency is set to add two dozen or more employees in Scotland as it prepares for Brexit, the head of the agency announced Wednesday.

  • January 31, 2018

    Pinning Uber Woes On Regulators A Hard Road For Cabbies

    Philadelphia this week became the latest city where cab drivers failed to convince a court that regulators unconstitutionally harmed their industry by going easy on ride-hailing services like Uber and Lyft, once again showing the sway of an early appellate ruling on the issue by now-retired jurist Richard Posner.

  • January 31, 2018

    FTC Looks To Beat Suit Challenging Its Authority

    The Federal Trade Commission on Tuesday renewed its bid to toss a suit challenging its authority to pursue a pay-for-delay case against Watson Laboratories Inc., telling a Pennsylvania federal judge the case is an improper attempt to preempt an enforcement action.

  • January 30, 2018

    Uber Rider Appeals Arbitration Order To 2nd Circ.

    An Uber customer on Friday said he’s appealing a decision from U.S. District Judge Jed S. Rakoff that sent his class action over alleged price-fixing to arbitration, teeing up the case for its second appearance at the appellate courts.

  • January 30, 2018

    Canada's Competition Bureau Won't Fight Privilege Ruling

    Canada's competition enforcer said Monday that it will not challenge a federal appeals court decision that weakens the agency’s ability to protect third-party documents collected during abuse-of-dominance and other investigations.

  • January 30, 2018

    Traffic Ticket App Must Answer Fla. Bar's Injunction Bid

    The Florida Supreme Court issued an order Tuesday directing traffic ticket startup Tikd to file a response to The Florida Bar's allegations it is practicing law without a license and telling the court why it should not issue an injunction blocking its services.

  • January 30, 2018

    MLB Scouts Take Wage Suppression Suit To High Court

    Scouts accusing Major League Baseball of suppressing their wages on Monday urged the U.S. Supreme Court to review the sport's much-criticized antitrust exemption, which numerous courts have denounced while simultaneously relying on it to dismiss antitrust suits.

  • January 30, 2018

    German Watchdog Says Court Backs 'Wedding Rebate' Ruling

    Germany's competition enforcer said Monday that a federal court has backed its finding that supermarket operator Edeka abused its market power by demanding bonus payments and favorable terms, or "wedding rebates," from suppliers after a merger.

  • January 30, 2018

    Trading Co., Banks Seek End To Stock-Loan Antitrust Suit

    A trade processing firm and the brokers that invested in it asked a Manhattan federal judge on Friday to dismiss a case alleging they conspired to keep the stock-lending market inefficient by choking off business to potential competitors, saying the allegations do not add up.

  • January 30, 2018

    Akorn, Fera, Perrigo Settle Trade Secrets, Antitrust Suit

    Fera Pharmaceuticals LLC and Akorn Inc. have settled a $100 million trade secrets case tied to a supply agreement for eye infection treatments, along with antitrust counterclaims that brought Perrigo Co. PLC into the mix, ending the suit Monday, just weeks before a scheduled trial.

  • January 29, 2018

    Philly Parking Authority Scores Win In Uber Regulation Suit

    A Pennsylvania federal judge on Monday killed the bulk of a suit by Philadelphia taxicab operators alleging the city’s parking authority unfairly refused to regulate ride-hailing services like Uber and Lyft, ruling that the court couldn’t protect the cabbies from market competition.

  • January 29, 2018

    Autoworkers Accuse Fiat Chrysler, Union Of Collusion

    Days after an ex-Fiat Chrysler executive pled guilty to his role in an alleged scheme to pay off a union official, a proposed class of autoworkers sued the car maker and United Automobile Workers in Michigan federal court Friday, saying the company and the union colluded to sacrifice workers’ interests at the bargaining table.

  • January 29, 2018

    Fox Sports Cos., Execs Duck Some Of TV Rights Bribery Suit

    A Florida federal judge on Friday nixed antitrust and deceptive practices claim from a bribery lawsuit against Fox Sports units and executives over broadcast rights for South American soccer tournaments, but said they could not shake allegations of corruption.

  • January 29, 2018

    Spanish Manufacturer Challenges EU Decision Over State Aid

    A company that makes metal parts has challenged a decision from the European Commission finding that a tax credit the manufacturer received from the Spanish government ran afoul of European Union state aid law, according to a Monday filing.

  • January 29, 2018

    Uber Says Calif. Codes Bar Cab Drivers' Low Pricing Suits

    Uber urged a San Francisco judge Monday to toss several suits alleging its low pricing seeks to illegally squeeze taxi companies out of the ride service industry, arguing Uber is exempt from state competition laws, because its rates fall under the jurisdiction of the California Public Utilities Commission.

  • January 29, 2018

    Ports Defend French Tax Break In EU Court

    An association of French ports is going to court to defend a corporate tax break, claiming the European Commission erred in a 2017 ruling striking it down as a distortion of the common market, according to a Monday filing.

  • January 29, 2018

    Top EU Court Asked For Input On Portuguese Antitrust Fight

    The European Court of Justice logged a request Monday from a Portuguese court asking whether it should apply a European Union directive to a competition dispute over sport channel distribution rights even though the suit was filed nearly two years before EU members were required to adapt the directive into their own laws.

  • January 29, 2018

    EU Extends Deadline For Bayer-Monsanto Review

    Europe’s antitrust enforcer on Friday extended its deadline for a review of Bayer AG’s planned $63.5 billion purchase of U.S.-based Monsanto Co., adding another wrinkle in the companies’ quest for regulatory clearance of the deal.

Expert Analysis

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • High Transparency May Help SSOs Under Attack By DOJ

    David Newman

    Member-driven standard-setting organizations have traditionally steered clear of antitrust focus despite their inevitable tendency for concerted action. However, new scrutiny espoused by Assistant Attorney General Makan Delrahim should lead SSOs to change protocol, says David Newman, leader of Gould & Ratner LLP's intellectual property group.

  • Key Takeaways From The ABA Antitrust Fall Forum

    Jon Jacobs

    At the American Bar Association's annual Antitrust Fall Forum last week, the theme was “predictability,” and we heard from all three branches of government — from keynote addresses by agency enforcers and legislators, to an entertaining panel with federal judges who presided over recent trials, say attorneys with Perkins Coie LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Calif.'s New Focus On Drug Pricing Transparency

    John Chelsey

    California Gov. Jerry Brown recently signed SB-17, a law intended to foster transparency in connection with drug pricing and its impact on insurance costs. The law imposes significant new reporting requirements on many drug manufacturers, pharmacy benefit managers, and health care service plans and health insurers operating in California, say attorneys with Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.