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Competition

  • October 18, 2018

    UK Watchdog Smells Trouble With Washroom Services Merger

    The United Kingdom’s antitrust watchdog said Thursday that it would likely seek a complete national-level divestiture to address concerns that the recent merger of the second- and third-largest British providers of nationwide bathroom services would drive prices up for removing waste products.

  • October 18, 2018

    Glenmark Moves To Ax Zetia Pay-For-Delay Claims

    Glenmark Pharmaceuticals Inc. has asked a Virginia federal judge to nix a suit accusing it of conspiring with Merck & Co. to delay production of a competitor to Merck's cholesterol treatment Zetia, saying that a private settlement with Merck did not prevent the launch of lower-priced alternatives.

  • October 18, 2018

    BCBS Shielded By Old Deals In Antitrust MDL, Judge Rules

    Blue Cross Blue Shield insurers facing long-running multidistrict litigation over an alleged conspiracy to divvy up the market are protected by prior settlement agreements that free them from the claims, even though they never signed the deals, an Alabama federal judge ruled Wednesday.

  • October 17, 2018

    FTC On Ropes As Courts Wallop Suits Over Past Conduct

    The Federal Trade Commission's power to punish past conduct involving consumer fraud or anti-competitive shenanigans is looking wobbly after a one-two punch of court decisions forcing the agency to also identify imminent or ongoing violations when it challenges prior behavior.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Ariz. AG Sues Dental Supply Co. Benco Over Group Boycott

    Arizona's attorney general filed a lawsuit Wednesday in state court accusing dental supply company Benco of participating in a boycott of the state's dental association and pressuring suppliers not to work with the group.

  • October 17, 2018

    20 Drugmakers Must Face Generic Price-Fixing MDL

    A Pennsylvania federal court has greenlighted the first round of multidistrict litigation accusing more than 20 generic-drug makers of conspiring to fix their prices, excusing only Teligent Inc. from the antitrust litigation.

  • October 17, 2018

    EBay Accuses Amazon Of Poaching Top Sellers

    EBay Inc. hit Amazon.com with a lawsuit in California state court Wednesday, accusing the Seattle-based online retail giant of orchestrating a massive campaign to poach top sellers from eBay's online trading platform in violation of the California Computer Data Access and Fraud Act and state business statutes.

  • October 17, 2018

    Cabela's Tells Chancery Ex-Workers' Startup Must Be Stopped

    Sporting goods retailer Cabela’s LLC told a Delaware Chancery Court judge Wednesday that a group of former employees should be enjoined from launching a competing website in an apparent breach of employment agreements that bar use of the company’s confidential information.

  • October 17, 2018

    Apple's Window To Nix Patent Has Closed, Qualcomm Says

    Qualcomm has told a California federal judge that Apple can't argue it doesn't owe royalties for a particular patent because its window to do so has shut, and the consumer tech giant's theory that the patent has been newly injected into the companies' massive licensing dispute belies the fact Apple has known about the patent for months. 

  • October 17, 2018

    DOJ Antitrust Chief Cautions Against Punishing Big Data

    Makan Delrahim, the chief for the Justice Department's Antitrust Division, cautioned Wednesday against treating big data as automatically anti-competitive, arguing that case-by-case antitrust scrutiny of actions by major online platforms like Google and Facebook is required because big data also offers major procompetitive benefits.

  • October 17, 2018

    Full 9th Circ. Won’t Refuel Airfare Price-Fixing Suit

    The full Ninth Circuit has refused to take another stab at an antitrust suit that accuses three major airlines and an airfare publisher of plotting to fix prices for travel among multiple cities.

  • October 17, 2018

    Left-Out CRT Buyers Blast ‘Paltry’ $6M Fee-Share Proposal

    Carving $6 million from a massive attorneys' fees award isn’t enough to overcome the fundamental failure to represent indirect buyers of cathode ray tubes from three states originally excluded from a $576.8 million bundle of antitrust settlements, buyers from the excluded states told a California federal judge Tuesday.

  • October 17, 2018

    Sultzer Law Adds 2 Class Action Pros From Wolf Haldenstein

    The Sultzer Law Group has nabbed two Wolf Haldenstein Adler Freeman & Herz LLP partners to bolster its New York City offerings with their extensive experience litigating class actions in areas such as product liability, cybersecurity and privacy, antitrust, employment and securities, the firm said Tuesday.

  • October 17, 2018

    Lens Makers Look To Nix Price-Fixing Claims From MDL

    Several major contact lens manufacturers urged a Florida federal judge on Tuesday to slice two types of antitrust claims off sprawling multidistrict litigation accusing them of conspiring to keep prices high, calling the consumers' arguments fatally flawed.

  • October 17, 2018

    2 Ex-Deutsche Traders Convicted Of Libor-Rigging

    A Manhattan federal jury on Wednesday convicted two former Deutsche Bank AG traders of rigging the London Interbank Offered Rate to benefit their trading positions, setting the stage for a protracted legal fight over whether or not the trial was tainted by compelled testimony.  

  • October 17, 2018

    Au Pair Agencies Say Feds' Brief Dooms Wage Claims

    Au pair sponsoring agencies gearing up for trial over allegations in a collective action they colluded to set low pay rates told a Colorado federal court Tuesday that a recent U.S. government filing in a related case debunks the former au pairs' central theory that the weekly stipend is illegally low.

  • October 16, 2018

    Pfizer Can't Derail EpiPen Pay-For-Delay Discovery: 2nd Circ.

    The Second Circuit on Tuesday rejected Pfizer Inc.'s effort to shield evidence of a suspected pay-for-delay deal involving emergency allergy treatment EpiPen, saying the drugmaker can't torpedo a New York discovery petition by moving it to federal court.

  • October 16, 2018

    MoFo Nabs Fujitsu's Compliance Head, Ex-Prosecutor In SF

    Morrison & Foerster LLP has hired Fujitsu's head of international compliance, who has also worked as an assistant U.S. attorney in California and New York, to join its San Francisco office, the law firm said.

  • October 16, 2018

    Farmers Say Don’t Kill Monsanto Antitrust Claims In MDL

    Farmers' allegations that Monsanto Corp. engaged in anti-competitive practices by pushing soybeans with a tolerance to a specific herbicide should not be dismissed, they argue, because their suit could show that the company knew farmers would be compelled to buy the product.

Expert Analysis

  • The Side Effects Of Policing 'Speech Monopolies'

    Hartley West

    Are companies such as Facebook, Amazon, Twitter and Google stifling free speech on their platforms? If the answer top antitrust regulators arrive at is “yes,” then significant new risks could be coming for not only these tech behemoths, but any businesses that utilize their platforms — in the U.S. or abroad, say attorneys at Kobre & Kim LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Why It’s Time To Rethink Illinois Brick

    Samuel Miller

    In Apple v. Pepper, the U.S. Supreme Court will consider whether iPhone owners who purchase apps from Apple’s app store should be considered “direct purchasers” under federal antitrust laws. The court should use this opportunity to reevaluate the direct purchaser analysis it established in Illinois Brick Co. v. Illinois, says Samuel Miller of UC Hastings Law School.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Antitrust Considerations For Government Contractors

    Peter Levitas

    Companies that engage in government contracting, particularly in the defense industry, face sector-specific antitrust compliance challenges. They must navigate carefully to manage risk in merger review, teaming agreements and personnel issues, say Peter Levitas and Francesca Pisano of Arnold & Porter.