Competition

  • August 15, 2017

    Amazon E-Book Changes Ease Japan's Antitrust Concerns

    Amazon will voluntarily cease enforcing certain provisions in its contracts with electronic book publishers to assuage concerns by Japan’s Fair Trade Commission that the measures were anti-competitive, the antitrust watchdog said Tuesday.

  • August 15, 2017

    Highmark Must Face Antitrust Suit Over Insurance Rates

    A Pennsylvania federal judge said Tuesday that Highmark Inc.’s efforts to win state approval for its allegedly inflated small-group health insurance rates could not shield it from potential liability in a class action claiming it conspired with the University of Pittsburgh Medical Center to exclude competitors from the market.

  • August 15, 2017

    Judge Denies Consumers Cert. In Celexa, Lexapro MDL

    A Massachusetts federal judge declined to certify a class of consumers in multidistrict litigation accusing Forest Laboratories of fraudulently promoting Celexa and Lexapro as treatments for pediatric depression, citing individual analyses that would be required to determine issues around the drugs’ use and promotion.

  • August 15, 2017

    UK Mulls Divestitures In £2.23B Wood-Amec Deal

    The U.K.’s antitrust watchdog said Tuesday it will consider oilfield services firm Wood Group's offer to divest much of rival Amec Foster Wheeler’s upstream offshore oil and gas business in the country after finding that the £2.23 billion ($2.87 billion) tie-up could harm competition.

  • August 15, 2017

    Egg Producers Lose Bid To Decertify Class In Price-Fix MDL

    Egg producers on Monday lost in their effort to unravel the certification of a class of direct egg purchasers accusing them of participating in a price-fixing conspiracy, with a Pennsylvania federal judge saying that the companies were mostly rehashing old battles.

  • August 15, 2017

    Verizon's Spectrum Buy Is Anti-Competitive, Group Says

    The Federal Communications Commission should block Verizon’s $3.1 billion deal with a wireless spectrum company and instead auction off valuable spectrum licenses to avoid too much industry consolidation, a trade group recently told the agency.

  • August 14, 2017

    Banks Look To Deep-Six Swiss Franc Libor Class Action

    A group of European banks including Royal Bank of Scotland PLC and Credit Suisse Group AG accused by investors of rigging the market for derivatives tied to the Swiss franc London Interbank Offered Rate on Monday urged a Manhattan federal judge to nix the proposed class action, saying the case doesn't belong in the U.S.

  • August 14, 2017

    Judge OKs $1M Deal In Heater Control Panel Price-Fixing MDL

    A Michigan federal judge has granted preliminary approval to a $1 million settlement between car dealers and auto parts maker Alps Electric to resolve claims in multidistrict litigation that the company participated in bid-rigging and price-fixing of heater control panels, according to court documents filed Monday.

  • August 14, 2017

    LinkedIn Must Let Startup Pull Public Info, Judge Rules

    LinkedIn Corp. will have to let a job-search startup keep scraping information off the social media site’s public profiles, a California federal judge ruled Monday after finding the startup had raised “serious questions” about LinkedIn’s attempt to block it.

  • August 14, 2017

    Players Say NCAA 'Amateurism' Is No Defense For Antitrust

    College football and basketball players challenging the NCAA's rules against players' being compensated beyond school attendance costs laid out their case Friday to a California federal judge, ripping the NCAA’s dedication to “amateurism” in college athletics as an invalid defense to the anti-competitive limits on compensation.

  • August 14, 2017

    Sen. Warren To Meet With Stifled DOJ Antitrust Nominee

    President Donald Trump’s stalled nominee to serve as the U.S. Department of Justice’s top antitrust enforcer will meet with Sen. Elizabeth Warren, a vocal critic of the choice who is reported to be the one responsible for delaying his confirmation vote.

  • August 14, 2017

    Airbnb Again Dodges SF Residents' Nuisance, UCL Claims

    A California appellate panel found a pair of San Francisco residents can’t sue Airbnb Inc. for nuisance and Unfair Competition Law violations, saying they failed to show a connection between the purported harms to their residences and the website.

  • August 14, 2017

    Auto Parts Makers To Shell Out $7M In Price-Fixing Deal

    A Michigan federal judge on Monday granted preliminary approval to a $7.26 million settlement that Koito Manufacturing and North American Lighting will pay to resolve class claims that makers of car headlamps, rear combination lamps and devices to limit the electrical current flowing into high intensity discharge headlamps conspired to fix prices.

  • August 14, 2017

    Equinix Sheds High-Speed Trading Access Suit

    Trading platform Tradestream Analytics Ltd. has dropped an antitrust suit accusing data center service firm Equinix Inc. of cornering the market for low-latency trading services for options and stock exchanges, according to a dismissal order filed Monday in New Jersey.

  • August 14, 2017

    FDA's Hatch-Waxman Group To Tackle Wider Generics Issues

    When the U.S. Food and Drug Administration's new working group meets to discuss modernizing the Hatch-Waxman Act and increasing generic competition, experts expect it to touch on a wide range of issues, including REMS, complex drug-device combinations and requirements for getting an abbreviated new drug application approved.

  • August 14, 2017

    Banks Seek Dismissal For Indirect Forex Manipulation Suit

    More than a dozen big banks accused of rigging wholesale foreign exchange markets asked a New York federal judge on Friday to throw out one of several suits by small-time forex investors, saying the allegations are too vague and repetitive of other cases that have partly settled.

  • August 14, 2017

    No Cracks In Antitrust Suit Against Biogen, Rival Argues

    Ixchel Pharma LLC on Friday told a California federal court it had already suffered financial losses due to rival Biogen Inc.’s alleged anti-competitive scheme to undermine its development of a treatment for a rare neuromuscular disease and asked that its lawsuit be allowed to proceed.

  • August 14, 2017

    Consumers Look To Revive £14B Mastercard Class Action

    A consumer seeking to lead a £14 billion ($17.2 billion) antitrust suit against MasterCard Inc. over swipe fees has moved to appeal a U.K. competition court's decision that the case couldn't proceed as a collective action, the claimant's law firm confirmed Monday.

  • August 11, 2017

    Class Counsel Nets $28M Fees In Auto Parts Price-Fix Deal

    A Michigan federal judge on Thursday awarded at least $28 million to counsel representing purchasers of automotive wire harnesses who have alleged a conspiracy to fix prices on the auto parts, saying they reached a favorable outcome for the purchasers.

  • August 11, 2017

    IV Can't Skirt Antitrust Counterclaims, Capital One Says

    Capital One Financial Corp. on Thursday urged a Maryland federal court not to end its counterclaims accusing Intellectual Ventures I LLC of monopolizing the banking technology market in violation of the Clayton and Sherman acts.

Expert Analysis

  • Type C: The Antitrust Division’s Newest Leniency Program

    Mark Rosman

    The U.S. Department of Justice's recent "clarification" of a significant aspect of the corporate leniency program might appear to reinforce a long-standing approach to employees of Type B leniency applicants, but it also introduces uncertainty — and might create an entirely new type of leniency, say former federal prosecutors Mark Rosman and Jeff VanHooreweghe of Wilson Sonsini Goodrich & Rosati PC.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • NJ Case Protects Land Use Applicants From Sham Litigation

    Christopher Stracco

    When individuals and corporations sue to challenge a proposed real estate development, are they exercising their right to petition the government for redress or engaging in sham litigation to prevent competition? The New Jersey Appellate Division's recent decision in Main Street v. Ammons provides guidance to trial courts on how to discern the difference, say attorneys with Day Pitney LLP.

  • What To Watch As FDA Begins To Fight Rising Drug Prices

    Sapna Palla

    As of last month, the U.S. Food and Drug Administration's reluctance to engage in drug price-control efforts may be changing. There are several controversial Hatch-Waxman issues that the FDA may set its sights on in the near future, say Sapna Palla and Kristyn Hansen of Wiggin and Dana LLP

  • A Common Mistake In Estimating Price-Fixing Overcharges

    Wenqing Li

    An important economic task in global price-fixing cases is to estimate the increase in price of the affected items that can be attributed to the collusive behavior. Expert economists often use a reduced-form regression model and sometimes incorrectly apply the "Kennedy correction," say Wenqing Li of Epsilon Economics LLC and James Nieberding of North Coast Economics LLC.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • The Soft Power Of Congress To Challenge Mergers

    Daniel Friedman

    While Congress does not have the ability to directly stop a merger, it has virtually unfettered power to engage in fact-finding, and testimony given at congressional hearings can help the merger enforcers in litigation, say Daniel Friedman and Robert LoBue of Patterson Belknap Webb & Tyler LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.