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Competition

  • January 17, 2019

    Brexit Debate Enters New Legal Terrain With Talk Of Delay

    A Brexit "Plan B" could involve a legally untested extension of the U.K.'s planned departure date after Parliament rejected the government's withdrawal agreement, easing the immediate threat that British banks and businesses will plunge into a regulatory void if there is no deal, according to lawyers and political experts.

  • January 17, 2019

    Trader Pushed Cash To 'Add Weight' To Euribor Fix, Jury Told

    A former trader working on the money markets desk at Barclays PLC, who is on trial for his alleged role in a conspiracy to game the financial system, manipulated the cash market to “add extra weight” to attempts to rig a key global interest rate benchmark, prosecutors told a jury in London on Thursday.

  • January 16, 2019

    PetIQ Chews On Rivals' Fresh Suit Over Clinic Chain Buy

    Pet medicine distributor PetIQ has urged a California federal court to toss an amended suit brought by two rivals seeking to block its purchase of a veterinary clinic chain, saying the antitrust suit lacks the flesh it was asked to add to the first version.

  • January 16, 2019

    Barr Shows He Is Mostly In Tune With DOJ Antitrust

    Big isn't necessarily bad, William Barr told lawmakers Tuesday in one of several areas where the attorney general nominee largely aligned with the existing views of the U.S. Department of Justice's Antitrust Division, absent a Time Warner-sized hole.

  • January 16, 2019

    Banks Accused Of Rigging Libor After Post-Scandal Overhaul

    A Connecticut bank on Tuesday accused the owner of the New York Stock Exchange of conspiring with some of the world's largest banks to artificially deflate a key financial benchmark after taking over responsibility for the rate setting following a previous price-fixing scandal.

  • January 16, 2019

    J&J Renews Bid To End Antitrust Suit From Walgreens, Kroger

    Johnson & Johnson told a Pennsylvania federal judge Tuesday that Walgreens and Kroger can't bring antitrust claims against it for allegedly inflating prices and suppressing competition for its drug Remicade, reiterating its argument that the retailers didn't directly purchase the drug from J&J.

  • January 16, 2019

    FCC Conditions On Charter Merger Were Illegal, DC Circ. Told

    The Federal Communications Commission overstepped its bounds by placing conditions on Charter’s merger with Time Warner Cable and Bright House Networks that were unrelated to the transaction, a libertarian think tank has told the D.C. Circuit.

  • January 16, 2019

    EU Top Court Reverses Watchdog's Block Of UPS-TNT Merger

    Europe's highest court on Wednesday upheld a lower court order annulling the European Commission's decision to block United Parcel Service Inc.'s failed $6.8 billion merger with Dutch delivery service TNT Express NV.

  • January 16, 2019

    Dairy Makers Get Tolling Args Tossed From Milk Price Suit

    A Florida federal judge handed a win to Land O'Lakes and other dairy makers in a suit brought by a pair of grocery chains alleging the dairies drove up the price of milk, saying that the statute of limitations should not be paused.

  • January 16, 2019

    EU Veto Of Siemens-Alstom Deal Would Be A Mistake: France

    France's official government spokesperson told reporters Wednesday that the European Commission would be making an economic and political misstep if it blocked Siemens AG and Alstom SA's high-speed railway tie-up.

  • January 16, 2019

    Keep Antitrust Suit Against Caterpillar, Equipment Co. Says

    International Construction Products LLC urged a Delaware federal court Tuesday not to toss its suit accusing Caterpillar Inc. and other manufacturers of keeping it out of the construction equipment market, saying it provided the court with enough evidence of antitrust violations.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 16, 2019

    Ex-Barclays Traders 'Tainted' Euribor Rates, Court Told

    Three former Barclays PLC traders were part of a conspiracy to cheat the financial system that “tainted” the integrity of a key interest rate benchmark used to price trillions of dollars of financial products, prosecutors told a London jury on Wednesday.

  • January 16, 2019

    Competition Watchdog Reveals Scope Of PayPal Merger Probe

    Britain’s antitrust watchdog has set out the questions it will consider as it decides whether PayPal’s $2.2 billion takeover of a Swedish competitor could weaken competition in the U.K., as it called for evidence on the merger from businesses in the sector.

  • January 16, 2019

    UK's May Survives No-Confidence Vote After Brexit Defeat

    British Prime Minister Theresa May narrowly survived a vote of no confidence brought by the opposition Labour Party on Wednesday, a day after lawmakers overwhelmingly rejected her proposed deal to leave the European Union.

  • January 15, 2019

    Prof Calls Qualcomm Royalties 'Naked Tax,' Invokes Microsoft

    A University of California, Berkeley economics professor testified for the Federal Trade Commission on Tuesday that Qualcomm's standard-essential patent royalties serve as a competition-killing "naked tax" on its modem chips, comparing the practice to software bundling that got Microsoft in trouble with the feds 20 years ago.

  • January 15, 2019

    Barr Pledges Independence In Oversight Of Mueller Probe

    President Donald Trump's nominee for attorney general pledged at his Senate confirmation hearing Tuesday that he would allow Special Counsel Robert Mueller's investigation into Russian interference in the 2016 presidential election to keep running independently.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    Antitrust Bar Worries UK Merger Discovery Too Burdensome

    New document request guidelines for United Kingdom merger reviews have raised a host of concerns for the antitrust bar, according to comments made public Tuesday.

  • January 15, 2019

    4th Circ. Hands Saveri Firm Win In $1.2M Legal Fees Battle

    Former Lieff Cabraser Heimann & Bernstein LLP attorney Joseph Saveri's firm doesn't have to pay another plaintiffs firm a $1.2 million referral fee out of his score from settlements in titanium dioxide price-fixing litigation, the Fourth Circuit ruled Monday, finding he'd never agreed to shell out the sum.

Expert Analysis

  • Trends Suggest Cartel Enforcers Face Headwinds In 2019

    John Terzaken

    Judged purely by enforcement statistics, 2018 was a down year for cartel enforcement. But authorities are training their sights on new sectors, theories and targets, and considering additional ways to further sharpen their enforcement stick and sweeten the leniency pot, say John Terzaken and Elizabeth French of Simpson Thacher & Bartlett LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 'Wholly Groundless' Arbitration Exception Gets Grounded

    Charles Patrizia

    On Tuesday, the U.S. Supreme Court held that when a contract expressly delegates to the arbitral tribunal the question of “arbitrability,” courts may not resolve that question, even if the underlying arbitrability argument is allegedly “wholly groundless.” This is significant for parties drafting arbitration agreements, say attorneys with Paul Hastings LLP.

  • How Coast Guard Reauthorization Affects Maritime Sector

    Darrell Conner

    The Frank LoBiondo Coast Guard Authorization Act of 2018, signed into law last month, modifies regulation of commercial vessel discharges, reauthorizes multiple maritime agencies, and makes important changes to safety and antitrust regulations, say attorneys and government affairs advisers with K&L Gates LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Sadie Baron, chief marketing officer at Reed Smith LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.

  • Guest Feature

    Judge Weinstein On Activism, Gobbledegook, Going Robeless

    Judge Jack Weinstein

    Judge Jack Weinstein has served in the Eastern District of New York for over half a century. White and Williams LLP attorney Randy Maniloff visited his Brooklyn office to find out what makes the 97-year-old jurist tick.

  • A Bridge Too Far: CFTC's 'Reckless' Manipulation Theory

    David Yeres

    The U.S. Commodity Futures Trading Commission has taken a highly questionable view of its authority to pursue price manipulation charges against traders whose bona fide open market trading recklessly distorts market prices, say attorneys at Clifford Chance US LLP.