Competition

  • July 5, 2017

    Daimler Hits SKF With €59M Suit Over Bearings Cartel

    A subsidiary of global bearings maker AB SKF on Tuesday said that Daimler AG had slapped it with a €59 million ($66.93 million) suit in German court over a nearly €1 billion fine the European Commission levied against it and four others in 2014 over an automotive bearings cartel.

  • July 5, 2017

    FCC Revokes Hawaii Telecom Provider's Exclusive License

    The Federal Communications Commission on Monday revoked the exclusive license of a telecom services provider in Hawaii that it accused of taking more than $27 million in improper payments from the Universal Service Fund, finding that the right to an exclusive license was preempted.

  • July 5, 2017

    Utility Says Appeal In SolarCity Suit Means Stay Is Warranted

    The likelihood that the U.S. Supreme Court will review a lower court ruling that an Arizona utility wasn't immune from a SolarCity Corp. antitrust suit defeats any argument that the Ninth Circuit should immediately issue its mandate backing the decision, the utility says.

  • July 5, 2017

    South Africa Approves Dow-DuPont Merger With Conditions

    South Africa’s competition authority on Wednesday cleared the way for Dow and DuPont's bid to merge into a $130 billion chemicals giant with conditions along the lines of those required by regulators in the U.S. and the European Union.

  • July 5, 2017

    Netherlands Trade Group, Importers Fined For Price-Fixing

    The Netherlands’ market watchdog announced more than $18 million in cumulative fines Wednesday against forklift truck battery importers and the trade association accused of helping them coordinate a price-fixing scheme.

  • July 4, 2017

    EU Antitrust Watchdog Raids Irish Auto Insurers

    European Commission antitrust officials carried out unannounced inspections at automotive insurance firms in Ireland on Tuesday amid suspicions they may have breached competition rules, the European Union’s executive arm said.

  • July 4, 2017

    EU OKs €5.4B State Bailout Of Italy's Monte Dei Paschi Bank

    The European Commission approved a €5.4 billion ($6.1 billion) state bailout of Italy’s Monte dei Paschi bank on Tuesday, allowing the Italian government to recapitalize and restructure the troubled lender.

  • July 3, 2017

    Justice Stevens On Playing Politics With The High Court

    Justice John Paul Stevens discusses Merrick Garland, President Donald Trump, and how the Supreme Court has changed over the past few decades, in the first of two articles based on Law360’s interview with the 97-year-old retiree. This is part of an ongoing series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 3, 2017

    DLA Piper Strengthens Corporate Practice With Cooley Atty

    DLA Piper has added the former co-chair of Cooley LLP’s Foreign Corrupt Practices Act and international anti-corruption practice in Washington, D.C., bolstering the firm’s corporate group with his experience handling cross-border transactions, internal investigations and regulatory concerns ranging from economic sanctions to data privacy.

  • July 3, 2017

    Class Treatment Doesn't Jibe With Libor Claims, Banks Say

    Big banks accused of rigging the London Interbank Offered Rate have asked a New York federal court to not certify classes of investors and lenders in the multidistrict litigation, saying claims of suppressing the benchmark should be scrutinized on an individual basis.

  • July 3, 2017

    Comcast Won't Get Suit Financing, DOJ Docs In Antitrust Beef

    An Illinois federal judge has said she won’t require cable ad company Viamedia Inc. to turn over to Comcast Corp. documents it provided to litigation funding firms and the U.S. Department of Justice as part of its suit over Comcast’s alleged monopoly in the local television advertising market.

  • July 3, 2017

    NJ Law To Help Women, Minorities Seeking Gov't Contracts

    New Jersey Gov. Chris Christie has signed into law a Democrat-backed bill that would establish a diversity officer in the state Treasury’s purchasing department to monitor state contracts awarded to women- and minority-owned businesses, the Republican governor’s office announced Monday.

  • July 3, 2017

    Danone Orchestrates $875M Sale Of Stonyfield To Lactalis

    Lactalis has agreed to purchase French food company Danone’s U.S.-based dairy business Stonyfield for $875 million to fulfill Danone’s promise to unload the unit to ease the U.S. Department of Justice’s antitrust concerns over its acquisition of WhiteWave Foods Co., Danone said Monday.

  • July 3, 2017

    FTC Clears $5.9B Broadcom-Brocade Deal With Firewall Fix

    The Federal Trade Commission announced Monday that it had accepted conditions under which semiconductor manufacturer Broadcom Limited would establish a “firewall” to ensure that competition remains at play in the market for fibre channel switches after its $5.9 billion acquisition of networking solutions provider Brocade Communications Systems Inc.

  • 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.

Expert Analysis

  • Tribute

    The Legacy Of Larry Popofsky, An Antitrust Titan And Friend

    Stephen Bomse

    In his magnificent career, Larry Popofsky, who passed away last month, not only earned the well-deserved respect and devotion of innumerable clients, lawyers, colleagues and judges — he fundamentally changed the course of American antitrust law. That came when the U.S. Supreme Court confessed error in Schwinn, 10 years after he gave me my first legal research assignment, says Stephen Bomse of Orrick Herrington & Sutcliffe LLP.

  • TC Heartland Opens The Door To New Antitrust Claims In Del.

    Adam Hudes

    The District of Delaware — where an increased number of patent cases are likely to be litigated following TC Heartland — has recent case law that may make it easier for defendants in patent infringement cases to bring antitrust counterclaims, including against nonpracticing entities, say Adam Hudes and Stephen Medlock of Mayer Brown LLP.

  • How PSD2 Is Revolutionizing Payments In Europe

    Scott McInnes

    The revision to the EU Payment Service Directive, known as PSD2, is part of a wave of legislation currently transforming the European Union's payment industry. Some of the new provisions may affect U.S. companies, whether they are involved as merchants or card issuers, says Scott McInnes of Bird & Bird LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

    DecisionError.jpg

    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • And Now A Word From The Panel: MDL Forum Selection

    Alan Rothman

    In the latest installment of his column on the Judicial Panel on Multidistrict Litigation, Alan Rothman of Arnold & Porter Kaye Scholer LLP takes a closer look at how the panel decides to exclude a potentially related action from a new MDL proceeding, and at how the panel deals with forum selection clauses in contracts between parties in multidistrict claims.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • The Efficiencies Defense: What Would High Court Do?

    Joe Miller

    Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.