Competition

  • June 22, 2017

    Fact Issues Keep Claims Alive In $310M Drilling Asset Sale

    A Colorado federal judge on Wednesday decided that there were enough questions of fact to deny summary judgment in a case in which two oil companies are accusing Newfield Production Co. of breaking a confidentiality agreement and antitrust laws in the run-up to an auction for their assets.

  • June 22, 2017

    Senators Want DOJ To Nix $85B AT&T, Time Warner Deal

    A group of Democratic senators led by Sen. Al Franken, along with Independent Sen. Bernie Sanders, in a letter on Wednesday urged the U.S. Department of Justice to take a closer look at AT&T’s proposed $85 billion acquisition of Time Warner, saying the deal will reduce competition and lead to higher prices. 

  • June 22, 2017

    FTC Sues To Halt Merger Of ND Physician Groups

    The Federal Trade Commission on Thursday filed a lawsuit in North Dakota federal court to block the merger of two Bismarck-area health care providers, claiming the deal would violate antitrust laws by reducing competition for an array of services in the area.

  • June 22, 2017

    Regulator To Force Competition Into UK Payment Systems

    Britain’s three retail payment systems operators are to be forced to allow firms to compete for contracts to provide their central infrastructure under plans designed to break the stranglehold of the big four high street banks over the payments market.

  • June 22, 2017

    UK Watchdog OKs £3.8B Standard Life-Aberdeen Tie-Up

    The U.K.’s competition watchdog said on Thursday it has cleared plans by Standard Life PLC to buy Aberdeen Asset Management PLC, which would create one of Europe's biggest asset management and insurance companies, worth £11 billion ($13.9 billion).

  • June 21, 2017

    FTC Obtains TRO To Halt DraftKings, FanDuel Merger

    The Federal Trade Commission secured a temporary restraining order against the proposed merger between DraftKings Inc. and FanDuel Inc. on Tuesday after raising concerns about the deal’s potential to create a “near-monopoly.”

  • June 21, 2017

    Korean Ramen Cos. Seek End To Price-Fixing Class Action

    Two Korean ramen noodle companies asked a California federal judge Wednesday to toss a class action accusing them of participating in a price-fixing scheme, saying they weren’t involved in a conspiracy and that even if they were, the conduct only affected prices in Korea, not the U.S.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Forest Denied Drug Wholesalers’ Profit Docs In Namenda Suit

    A federal magistrate judge on Wednesday shot down a bid by Forest Laboratories LLC to obtain profit information from a proposed class of drug wholesalers accusing the company of restricting competition by blocking generic versions of Alzheimer's drug Namenda, saying it is not clear how the information is relevant.

  • June 21, 2017

    Litigation Pros Bulk Up Holland & Knight’s Portland Office

    A team of litigators from Markowitz Herbold PC — including two who successfully beat back antitrust claims against Anheuser-Busch’s $100 billion merger with SABMiller last year — have joined Holland & Knight’s Portland, Oregon, office as partners, the firm said.

  • June 21, 2017

    DOJ Names 2 New Antitrust Division Deputies

    The U.S. Department of Justice has named two new deputy assistant attorneys general for the Antitrust Division, the department said Wednesday, further fleshing out the leadership at the enforcer under the administration of President Donald Trump.

  • June 21, 2017

    Aetna, Humana, States Reach Deal Over Costs In Merger Fight

    The District of Columbia and eight states that joined the U.S. Department of Justice’s fight against the now-failed merger of insurance giants Aetna Inc. and Humana Inc. urged a D.C. federal judge on Wednesday to approve the parties’ deal over the states’ attorneys’ fees and costs in the suit.

  • June 21, 2017

    Shearman Brings On 5-Partner Antitrust Team From Hunton

    Shearman & Sterling LLP added a five-partner team from Hunton & Williams LLP to work out of its Washington, D.C., offices in an expansion of its antitrust and litigation practices.

  • June 21, 2017

    Utility Plots High Court Appeal In SolarCity Monopoly Suit

    Salt River Project Agricultural Improvement on Tuesday urged the Ninth Circuit to delay issuing its mandate that a lower court's determination that the Arizona utility wasn't immune from an antitrust suit by SolarCity Corp. so Salt River can appeal the ruling to the U.S. Supreme Court.

  • June 21, 2017

    EU Tackles Another Auto Cartel With $29.8M Car Lights Fine

    The European Commission on Wednesday slapped German auto parts companies Automotive Lighting and Hella KGaA Hueck & Co. with a €26.7 million ($29.8 million) fine for colluding to fix prices for automotive lighting parts.

  • June 21, 2017

    FDA Says Drug Approval Scheme May Stymie Generics

    Some aspects of the drug approval process might have wrongfully blocked generic alternatives from entering the market, an issue that will be undertaken shortly at a public meeting, the U.S. Food and Drug Administration has said.

  • June 21, 2017

    Plan To Abolish SFO Takes Backseat After Election Losses

    The British government appears to be reconsidering its plans to merge the Serious Fraud Office with the U.K.'s broader crime-fighting agencies after recent election losses, with the controversial proposal absent from the queen's speech outlining legislative priorities for the new Parliament on Wednesday.

  • June 21, 2017

    South Africa Finds Shipping JV Could Promote Collusion

    The South African Competition Commission has prohibited a joint venture between container shipping companies Nippon Yusen Kabushiki Kaisha, Mitsui OSK Lines Ltd. and Kawasaki Kisen Kaisha Ltd., saying Wednesday the deal would encourage anti-competitive behavior in the auto shipping and container liner markets.

  • June 21, 2017

    DOJ Wins Bid To Block $367M Radioactive Waste Cos.' Merger

    A Delaware federal judge on Wednesday blocked the $367 million merger of EnergySolutions Inc. and Waste Control Specialists LLC, siding with the U.S. Department of Justice in the government's bid to enjoin the deal between rival nuclear waste processors on antitrust grounds.

  • June 20, 2017

    NJ Justices Probe Redaction Order In Horizon Plan Challenge

    The New Jersey Supreme Court on Tuesday pressed counsel for Horizon Healthcare Services Inc. to explain why discovery documents should be partially withheld from hospitals suing the insurer over claims that its Omnia Alliance plan leaves them competitively disadvantaged.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • The Stakes Are High For Those Caught In No-Poach Probes

    Elizabeth Prewitt

    The U.S. Department of Justice is reportedly examining whether Barclays breached antitrust laws by agreeing not to hire JPMorgan Chase employees. Reports that no formal investigation has yet been launched will only go so far in comforting the banks and individuals involved, given the DOJ’s recently announced intent to pursue certain no-poaching agreements criminally, say attorneys with Hughes Hubbard & Reed LLP.

  • Roundup

    FERC At 40

    FERC_315x315.jpg

    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Antitrust And Misuse Considerations Following Lexmark

    James Kobak

    Since the U.S. Supreme Court's recent Lexmark decision held contractual limitations to be outside the scope of a patentee’s rights under the patent law, restrictions on sales of patented objects will be subject to unfair competition, antitrust and patent misuse law, says James Kobak, general counsel of Hughes Hubbard & Reed LLP.

  • Series

    FERC At 40: How It Became An Enforcement Agency

    David Applebaum

    Following the Western energy crisis of 2000-2001, the Federal Energy Regulatory Commission transformed itself into a robust enforcement agency. In the coming years, FERC has an opportunity to ensure that its important efforts to deter conduct in violation of federal law do not overregulate or unnecessarily increase market participants’ costs, say David Applebaum and Todd Brecher of Akin Gump Strauss Hauer & Feld LLP.

  • What DOJ Investigation Means For Generic Drug Plaintiffs

    Jason Dubner

    Last month, over 80 named plaintiffs whose antitrust claims were consolidated in Philadelphia learned that discovery in their cases will be stayed until August pending a U.S. Department of Justice investigation into the generic pharmaceutical industry. Despite the delay, plaintiffs can use the next several months productively to strengthen their cases, say attorneys with Butler Rubin Saltarelli & Boyd and Adams Holcomb LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • What's New About Germany's Merger Control Regime

    Thomas Schürrle

    Recent changes to German merger control review should not result in dramatic changes because they merely expand the pre-existing thresholds. However, the amendment is an important step toward adapting the German competition law to the challenges of the digital economy, say attorneys with Debevoise & Plimpton LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.