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Competition

  • August 20, 2018

    Wash. AG: More Fast Food Giants To Ax ‘No-Poach’ Clauses

    Washington State Attorney General Bob Ferguson said Monday that eight restaurant chains, including Applebee’s and IHOP, agreed to drop their practice of using no-poach clauses to prevent employees from moving between franchise locations, adding to a recently announced list that included Carl’s Jr. and McDonald’s.

  • August 20, 2018

    9th Circ. Won't Revive VidAngel's Claims Against Studios

    The Ninth Circuit on Friday denied VidAngel Inc.'s bid to revive antitrust counterclaims targeting Disney Enterprises Inc., Lucasfilm Ltd. LLC and other movie studios in a copyright suit against it, finding that the family-friendly streaming service hadn’t shown a conspiracy against it.

  • August 20, 2018

    CVS, Rite Aid Hit AbbVie With Antitrust Suit Over AndroGel

    CVS Pharmacy Inc. and Rite Aid Corp. have joined the slew of antitrust lawsuits against AndroGel maker AbbVie Inc. and its affiliates and are seeking triple damages against the company for allegedly delaying the availability of cheaper generic drugs through patent lawsuits.

  • August 20, 2018

    Gov't, Industry Back Apple In High Court App Store Fight

    The federal government and industry groups urged the U.S. Supreme Court to side with Apple Inc. and toss a proposed consumer class action claiming the technology giant's app store illegally monopolized the iPhone app market, arguing that only "direct purchasers" — here, app developers themselves — can bring such claims.

  • August 20, 2018

    EU Clears $70B Linde-Praxair Deal With Divestitures

    The European Commission on Monday said it cleared German gas giant Linde AG’s planned $70 billion merger with Praxair Inc. after the companies agreed to sell off assets and businesses to assuage concerns that the tie-up would hamper competition on the continent.

  • August 20, 2018

    3rd Circ. Won't Revive Taxi Cos.' Suit Over Uber-Newark Deal

    Taxi and limousine operators lost their bid to revive a putative class action against Newark, New Jersey, over its $10 million agreement with Uber Technologies Inc. after the Third Circuit found Monday that the city was justified in subjecting the ride-hailing company’s drivers to less stringent regulations.

  • August 20, 2018

    Comcast Beats $75M Antitrust Suit Over Ad Platform

    An Illinois federal judge has handed a victory to Comcast in a $75 million suit alleging the cable giant refused to do business with advertisers unless they used the company’s own advertising system, finding it wasn’t anti-competitive for Comcast to refuse to do business with a smaller advertising firm.

  • August 17, 2018

    Cooley Adds Ex-Boies Schiller Trial Partner In NY

    Cooley LLP said Thursday that it has hired a former Boies Schiller Flexner LLP trial partner with experience representing financial institutions and sports and entertainment clients in securities and antitrust litigation, as well as in international and domestic arbitrations, bolstering its offerings in New York.

  • August 17, 2018

    US Takes Ex-HSBC Trader's Extradition Win To Top UK Court

    The U.S. is appealing the denial of extradition of a former HSBC foreign exchange trader to the U.K.'s highest court, prosecutors said Thursday, to face charges in New York alleging he and a colleague defrauded bank client Cairn Energy PLC by trading ahead of a $3.5 billion forex deal for the Scottish oil and gas developer.

  • August 17, 2018

    Egg Producers Cite 3rd Circ. Ruling In Scramble To Exit MDL

    Several egg producers asked a Pennsylvania federal judge Friday to toss a decade-old egg product price-fixing lawsuit against them, arguing that a recent Third Circuit ruling meant that only direct purchasers could sue the farmers in the multidistrict litigation.

  • August 17, 2018

    Class Counsel In $2B Forex Deal Awarded $22M In Expenses

    A New York federal judge awarded nearly $22.5 million to an investor class' counsel for litigation expenses incurred in a $2.3 billion settlement resolving claims that 15 banks colluded to rig benchmark exchange rates in the foreign exchange markets.

  • August 17, 2018

    Ex-Lannett Execs Face Derivative Suit Over Antitrust Probes

    A shareholder of Lannett Co. Inc. has slapped several former executives at the generic-drug maker with a derivative lawsuit in Pennsylvania federal court, accusing them of orchestrating a damaging price-fixing scheme to artificially inflate the firm’s stock price.

  • August 17, 2018

    Impax Says Opana Deal Didn't Delay Competition

    Impax Laboratories Inc. has hit back at efforts to revive a pay-for-delay case over the opioid medication Opana ER, telling the Federal Trade Commission in a brief that the agreement it reached with Endo Pharmaceuticals Inc. that is being challenged is the only reason the drug is on the market.

  • August 17, 2018

    German Auto Giants Knock 'Whole Car Conspiracy' MDL

    German auto giants have urged a California federal judge to toss multidistrict litigation alleging they engaged in a decadeslong antitrust conspiracy on car technology, costs, suppliers and emissions equipment, saying the plaintiffs have zero facts supporting their claims or how the U.S. market was directly affected by the purported scheme.

  • August 17, 2018

    Soccer Federation Docs Will Show Antitrust Plot, League Says

    The North American Soccer League has asked a New York federal court to compel the U.S. Soccer Federation to produce documents and text messages from before 2008, saying the records will prove an alleged antitrust conspiracy against the league.

  • August 17, 2018

    6th Circ. Revives Kyocera's Challenge To Supply Contract

    A Sixth Circuit panel on Thursday resurrected Kyocera Corp.'s attempt to nix what it says is a coercive provision in its supply contract for material used in solar panels that requires it to pay for the material even if it chooses not to buy any.

  • August 16, 2018

    $3.5M Paint Price-Fix Deal OK'd After DuPont's 3rd Circ. Win

    A California federal judge on Thursday approved a $3.5 million deal DuPont and other companies reached to end consumer claims they conspired to fix a paint ingredient’s price, calling it “in the best interest of the class” since the Third Circuit affirmed DuPont’s win in a similar case.

  • August 16, 2018

    Kessler Topaz, Quinn Emanuel To Lead Volatility Index MDL

    An Illinois federal judge on Thursday appointed Kimberly A. Justice of Kessler Topaz Meltzer & Check LLP and Jonathan C. Bunge of Quinn Emanuel Urquhart & Sullivan LLP as lead co-counsel in multidistrict litigation over alleged Chicago Board Options Exchange’s volatility index manipulation.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    TIKD Slams Fla. Bar's Bid For Quick Exit In Antitrust Suit

    Traffic ticket services start-up TIKD punched back Thursday at bids by the Florida Bar and the state's leading traffic ticket law firm for a quick exit from its multimillion-dollar antitrust suit, pointing to what the company says is ample evidence of their anti-competitive acts against its business.

Expert Analysis

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • 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

    craig.jpg

    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.