Competition

  • January 18, 2018

    Atty Fees For Berkshire Bank CEO's Son Concern Libor Judge

    A Manhattan judge expressed unease Thursday over the failure of Berkshire Bank to disclose that the son of its CEO Moses Krausz is a lawyer with a direct stake in the lender's effort to lead a class targeting four megabanks for allegedly rigging the global London Interbank Offered Rate.

  • January 18, 2018

    Qualcomm Trims IP From $37.7B NXP Deal For EU Approval

    Qualcomm Inc. has agreed to cut certain patents from its proposed $37.7 billion acquisition of NXP to score approval from the European Commission and the Korea Fair Trade Commission, leaving it just one competition agency's approval shy of sealing the deal, the company said Thursday.

  • January 18, 2018

    Discovery, Scripps Offer EU Concessions For $14.6B Merger

    European Union competition regulators disclosed this week that they are mulling “commitments” offered to clear any antitrust concerns that could interfere with Discovery Communications Inc.’s planned $14.6 billion cash-and-stock purchase of Scripps Networks Interactive Inc.

  • January 18, 2018

    CFIUS Changes Could Harm Export Regime, Panel Says

    Proposed changes to the Committee on Foreign Investment in the United States could be beneficial to U.S. national security, but lawmakers should be careful not to unintentionally stifle outbound investment, a panel of experts told the Senate Committee on Banking, Housing and Urban Affairs on Thursday.

  • January 18, 2018

    Competition Group Of The Year: Weil Gotshal

    The competition group at Weil Gotshal & Manges LLP helped steer more than 20 transactions with a total value of around $70 billion through the merger clearance process last year while also working on high-stakes antitrust litigation for a number of clients, securing the team a place among Law360's Practice Groups of the Year.

  • January 17, 2018

    Length Of US Merger Reviews Continues To Climb

    Antitrust enforcers in the U.S. took an average of 10.8 months to conduct significant merger reviews last year, up from 9.9 months in 2016, despite a 20 percent drop in the number of investigations, according to a report released by Dechert LLP on Wednesday.

  • January 17, 2018

    Merck, Glenmark Stifled Cholesterol Drug Market, Suit Says

    Merck & Co. and generics manufacturer Glenmark Pharmaceuticals Inc. were hit with a putative class action in Virginia federal court Wednesday claiming an agreement to keep a generic version of cholesterol treatment Zetia off the market for five years created an unlawful monopoly.

  • January 17, 2018

    Lufthansa Appeals Interim EU Decision In Air Berlin Deal

    Lufthansa has appealed a European Commission decision that allowed the German carrier to temporarily take over Air Berlin plane leases under certain conditions while the antitrust watchdog reviewed Lufthansa's bid to acquire two businesses from its bankrupt rival.

  • January 17, 2018

    Panasonic Can't Escape AC System Price-Fixing Claims

    A Michigan federal judge ruled Tuesday that Panasonic Corp. cannot escape auto dealer and consumer claims that it participated in a conspiracy to fix prices for vehicle air conditioning systems, but trimmed a pair of claims brought under Florida and South Dakota state laws.

  • January 17, 2018

    Chamber Backs GSK In 3rd Circ. Flonase Rehearing Bid

    Letting Louisiana bring claims that GlaxoSmithKline PLC blocked generic versions of its Flonase nasal spray, after the state was involved in a class settlement over the same allegations, would “deal a major blow” to such deals, the U.S. Chamber of Commerce told the Third Circuit on Tuesday.

  • January 17, 2018

    AmEx Urges Justices To Uphold 2nd Circ. Merchant-Rule Win

    American Express Co. filed a brief with the U.S. Supreme Court on Tuesday asking the justices not to disturb its Second Circuit win in an antitrust suit challenging rules that prevent merchants from steering customers to other credit cards, arguing the restriction helps the company compete with its rivals.

  • January 17, 2018

    Lenders Cut $27M Deal With Citi, HSBC In Libor Rigging Suit

    A proposed class of U.S. lenders told a New York federal judge on Tuesday they have reached separate settlements with Citigroup and HSBC totaling $27 million to resolve their claims in a sprawling multidistrict litigation over an alleged conspiracy to rig London Interbank Offered Rate.

  • January 17, 2018

    Competition Group Of The Year: Cleary Gottlieb

    Cleary Gottlieb Steen & Hamilton LLP's team of antitrust attorneys had a hand in some of the year's largest legal matters, including a $130 billion merger between Dow Chemical and DuPont, earning it a spot among Law360's Competition Groups of the Year.

  • January 17, 2018

    Cott To Sell UK Juice Plant To Clear $1.25B Refresco Merger

    Cott Corp. will sell a British juice plant in order to avoid local competition concerns from its $1.25 billion merger with Dutch soft drink bottler Refresco Group NV, a concession the U.K.’s antitrust authority said Wednesday it had accepted “in principle.”

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

  • January 17, 2018

    Treasury Rejects MPs' Bid To Boost PRA's Competition Role

    The U.K. Treasury has rebuffed an appeal by lawmakers for the government to hand tougher powers to the Prudential Regulation Authority in an effort to boost competition between insurers, newly released correspondence reveals. 

  • January 16, 2018

    Hausfeld, Others Seek $381M Atty Fees From $2.3B FX Deals

    Investors asked a New York federal court Friday to award their counsel $381 million and give final approval to $2.3 billion in settlements resolving putative class claims that Bank of America Corp., Barclays Bank PLC, Citigroup Inc. and others rigged foreign exchange rates.

  • January 16, 2018

    NCAA, Athletes Both Seek Quick Win In Antitrust Row

    The NCAA and college athletes clashed Tuesday in competing bids for quick wins in multidistrict litigation over the association's allegedly anti-competitive caps on what benefits players can receive, with the NCAA protesting in California federal court that the athletes are taking a piecemeal "whack-a-mole" approach to the litigation.

  • January 16, 2018

    Mich. Lobbying Firm Slams AG Subpoena In Tesla Sales Row

    A lobbying firm objected Monday in Michigan federal court to a subpoena from the state attorney general in Tesla’s suit over a Michigan law passed in 2014 that bans the automaker from selling directly to consumers, saying the subpoena is too broad and would unfairly burden the firm.

  • January 16, 2018

    Nasdaq Dodges $3.9M Antitrust Fine In Swedish Court

    A Swedish court on Monday rejected an attempt by the country's competition watchdog to fine several Nasdaq OMX Group Inc. units about $3.9 million for abusing their dominance.

Expert Analysis

  • Indirect Purchaser Cases In 2017: Key District Court Rulings

    Chris Micheletti

    Over the last year, there were some interesting cases in the indirect purchaser class action arena, with district courts addressing pleading motions, class certification in “pay-for-delay” drug cases, and class certification of nationwide and multistate class claims based on California’s state antitrust law, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Indirect Purchaser Cases In 2017: Key Appeals Court Rulings

    Chris Micheletti

    As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims in 2017. Unlike 2016, however, several circuit court decisions addressed important issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • 10 EU Telecom Regulatory Developments To Watch In 2018

    Francesco Liberatore

    This could be a watershed year for the telecommunications industry. Some developments in 2018 are so significant that they are likely to change the digital landscape, both in Europe and across the world, for years to come, say Francesco Liberatore and Matthew Buckwell of Squire Patton Boggs LLP.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Opinion

    Use The Right Antitrust Lens And Stop Eyeglass Merger

    David Balto

    The Essilor-Luxottica eyewear merger presents anti-competitive concerns that are similar to — if not exceeding — those alleged in AT&T-Time Warner. The transaction takes place in an industry where competitive problems already exist. This merger is a good case to challenge in court, says David Balto, a former policy director of the Federal Trade Commission Bureau of Competition.

  • Comparing EU And US Standard-Essential Patent Guidance

    Edward Kelly

    The European Commission's long-awaited guidance on litigating and licensing standard-essential patents clarifies what conduct may insulate an SEP owner from abuse claims under competition law, in sharp contrast to the U.S., where the Federal Trade Commission and U.S. Department of Justice have declined to adopt any views on the subject, say Edward Kelly and Regina Sam Penti of Ropes & Gray LLP.