Competition

  • February 21, 2017

    Apple Fights $14.5B Tax Bill, Says Profits Belong To US

    Apple Inc. has claimed that the European Commission misunderstood Irish law and the role of its Irish units in developing intellectual property when the competition watchdog ordered the tech giant to pay approximately €13 billion ($14.5 billion) in back taxes, plus interest, to Ireland.

  • February 21, 2017

    Senate Antitrust Heads Want Probe Of AT&T-Time Warner Deal

    Senate antitrust leaders urged the U.S. Department of Justice on Friday to weigh whether AT&T's proposed $84.5 billion merger with Time Warner would give the telecom giant incentive to thwart rivals, saying “the stakes for consumers are high.”

  • February 21, 2017

    Top 4 Groups Lobbying The FCC

    As Federal Communications Commission Chairman Ajit Pai approaches one month into his chairmanship, industry stakeholders have begun lobbying the new FCC, advocating on issues such as how to distribute universal service funds and make way for 5G infrastructure. Here, Law360 looks at the top four groups that have filed ex partes in the last month.

  • February 21, 2017

    Class Cert. Won't Fly In Delta Fee Suit, 11th Circ. Told

    Delta Air Lines Inc. and AirTran Airways Inc. on Friday told the Eleventh Circuit it would be impractical to uphold a district court's certification of a class of about 28 million passengers in a suit alleging the airlines colluded to institute a first-checked baggage fee.

  • February 21, 2017

    Ballplayers Want Arguments Over MLB Antitrust Exemption

    A proposed class of minor league baseball players has told the Ninth Circuit that their appeal over the dismissal of their pay-suppression suit under baseball's antitrust exemption should have the benefit of an oral argument, urging the appellate court not to grant a request by Major League Baseball to simply rule on the briefs.

  • February 21, 2017

    Supreme Court Won’t Review NYC Lawmaker’s Bribery Case

    An ex-New York City councilman’s request for the country’s top court to reconsider his bribery convictions over his role in two corruption schemes was among hundreds rejected by the justices on Monday.

  • February 21, 2017

    FCA Cedes Belgian Law Point In Trader's Euribor Ruling Suit

    Britain's Financial Conduct Authority has accepted that Belgian law governs a benchmark interest rate underlying a former Deutsche Bank AG trader's dispute with the regulator, but maintained that English law still applies to key alleged infractions cited in an FCA rate-rigging decision against the bank, according to an Upper Tribunal decision Monday.

  • February 21, 2017

    FCC Was Right To Drop Set-Top Box Plan, Legislator Says

    Rep. Yvette D. Clarke, D-N.Y., has praised a move by the new Federal Communications Commission head to pull back on an Obama-era plan to open up competition in the set-top box market.

  • February 21, 2017

    Impax Says FTC Should Pay For Withdrawn Pay-For-Delay Suit

    Impax Laboratories told a Pennsylvania federal court on Friday that the U.S. Federal Trade Commission should be on the hook for litigation costs and attorneys' fees associated with a pay-for-delay suit filed against the company and others that was withdrawn 10 months later and refiled as an administrative action.

  • February 21, 2017

    Southwest Wants Full 5th Circ. To Review Delta Gate Fight

    Southwest Airlines Co. has asked the Fifth Circuit to reconsider en banc a ruling allowing Delta Air Lines Inc. to fly from gates at Dallas Love Field airport, saying a panel majority wrongly issued an advisory opinion despite Delta’s lack of standing.

  • February 20, 2017

    Ex-NJ DOT Chief Charged In Airline Bribery Case Dead At 62

    Former New Jersey transportation executive and lobbyist Jamie Fox, who carved himself a niche in the Garden State’s gritty political scene as both a public servant and private consultant before being charged in an alleged airline bribery scheme, died Monday at age 62.

  • February 20, 2017

    Orrick Hires String of Antitrust, Finance Attys In Paris

    Orrick Herrington & Sutcliffe LLP said Monday it has bolstered its Paris office with a string of financial and commercial lawyers, most recently with the acquisition of antitrust expert Patrick Hubert from the U.K. Magic Circle firm Clifford Chance.

  • February 17, 2017

    O'Bannon Attys Tell 9th Circ. NCAA Must Pay $42M Fee Award

    Attorneys for the student-athletes who obtained a ruling preventing the NCAA from capping what schools can provide them below the full cost of attendance told the Ninth Circuit on Thursday they are entitled to over $42 million in attorneys’ fees. 

  • February 17, 2017

    Franken Unmoved By AT&T, Time Warner Case For Merger

    Sen. Al Franken, D-Minn., told constituents Friday he wasn't satisfied with contentions by AT&T Inc. and Time Warner Inc. that their merger would spur competition for better service for consumers, not stifle it, saying he's seen anti-competitive behavior from merged companies before.

  • February 17, 2017

    Anthem Wins Rush On Cigna Merger Appeal

    The D.C. Circuit on Friday granted Anthem Inc.’s bid to speed up its appeal of a lower court’s ruling blocking its proposed $54 billion acquisition of Cigna Corp. in a short order Friday, setting oral arguments for the case for March 24.

  • February 17, 2017

    Dentists Say Small Supplier Joined Price-Fixing Conspiracy

    A potential class of dentists on Friday shot back against arguments from a dental supplies company that it was too small to join three large suppliers in a nationwide price-fixing conspiracy, arguing in New York federal court that the allegations against the smaller company are the “core of the overarching conspiracy.”

  • February 17, 2017

    Merck Settles Long-Running Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have told a New Jersey federal court they have settled their long-running MDL accusing them of pay-for-delay over the potassium supplement K-Dur.

  • February 17, 2017

    Becton Asks Justices Not To Revive $340M Antitrust Award

    Safety syringe manufacturer Becton Dickinson and Co. has asked the U.S. Supreme Court not to review a Fifth Circuit decision that reversed a $340 million award for antitrust damages against it, saying the appeals court correctly held that false advertising is not anti-competitive conduct.

  • February 17, 2017

    New RBS State Aid Plan To Get EU Review As Divestiture Fails

    The European Union's antitrust watchdog plans to investigate a new deal the British government revealed Friday to spare the Royal Bank of Scotland PLC from having to divest a final set of retail banking operations to balance out the state aid it received during the financial crisis.

  • February 17, 2017

    FERC Can't Justify Refusal-Rights Ruling, High Court Told

    Ameren Services Co. this week told the U.S. Supreme Court that the federal government's assertion that federal rights of first refusal giving incumbent transmission owners first crack at building new projects aren't subject to legal protection because they're collusive and anti-competitive is unfounded and the rights must be restored.

Expert Analysis

  • FERC Could See Substantial Changes Under President Trump

    John Estes.jpg

    The Federal Energy Regulatory Commission oversees electric utilities and gas pipelines that account for about 4 percent of the U.S. gross national product. So the impact of FERC policy shifts can be significant. Under the Trump administration, FERC could revisit its stances on market manipulation, net metering and other key issues, say John Estes III and Timothy Mastrogiacomo of Skadden Arps Slate Meagher & Flom LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Antitrust: A New Line Of Attack Against Pipelines

    David L. Wochner

    The Sierra Club’s recent filings with federal regulatory agencies asserting that two natural gas pipeline projects violate antitrust law are novel, and we believe they face substantial obstacles under established antitrust law, say attorneys with K&L Gates LLP.

  • In Congress: CRA Disapprovals, Sub-Cabinet, Mnuchin

    Hertling_Richard_Covington.jpg

    House Joint Resolution 43 is likely to draw the most public attention of the five Congressional Review Act disapproval resolutions in the House this week, given the political sensitivity of abortion and family-planning services. Across the Capitol, a vote is expected on the nomination of Steven Mnuchin to serve as Secretary of the Treasury. Richard Hertling and Kaitlyn McClure of Covington & Burling LLP review the full calendar.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Demystifying International Extradition

    Amy Jeffress

    There were many high-profile news stories in 2016 about individuals fighting extradition to or from the United States. Given the complexity and sensitivity of the issues involved, extradition is time-consuming, often taking years. The process by which the U.S. evaluates hundreds of extradition requests each year may be unfamiliar to many practitioners, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Key Takeaways From FTC Merger Remedy Study

    Michael B. Bernstein

    Last week, the Federal Trade Commission released its first study on merger remedies in over 16 years. While the FTC views its overall approach as working well, the study also suggested that changes should be made and identified a number of best practices that FTC staff recommends, some of which are new, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • Discovery Rule Is Better Accrual Standard For Antitrust Claims

    Michael Christian

    Most courts consider the injury rule as the “general rule” of accrual in antitrust cases. But the discovery rule is beginning to gain some traction in district courts, and is the law in the Seventh Circuit. It has two major advantages over the injury rule — fairness and consistency, say Michael Christian and Eric Buetzow of Zelle LLP.