Competition

  • February 16, 2017

    Gas Station Chain Sues NJ Over Fuel Price Law

    Gas station chain Speedway LLC has filed a lawsuit alleging New Jersey’s law prohibiting below-cost vehicle fuel sales is unconstitutional because it violates the common-law right to sell goods at any price upon which the retailer and purchaser agree.

  • February 16, 2017

    Gorsuch Nomination Hearings To Kick Off In March

    Opening statements in a hearing on Judge Neil Gorsuch’s nomination to the U.S. Supreme Court will begin on March 20, with questioning of the associate justice-designate commencing the following day, Senate Judiciary Committee Chairman Chuck Grassley said Thursday.

  • February 16, 2017

    FTC Chair Taps Latham Antitrust Vet To Run Competition Unit

    Federal Trade Commission acting Chairman Maureen Ohlhausen tapped Latham & Watkins LLP antitrust veteran Tad Lipsky on Thursday to run the watchdog's Bureau of Competition, replacing Deborah Feinstein.

  • February 16, 2017

    Watson Wants Lidoderm Suit Stayed For Ruling On FTC Power

    Watson Laboratories Inc. asked a California federal court Wednesday to pause a renewed pay-for-delay lawsuit by the U.S. Federal Trade Commission over pain relief patch Lidoderm while a different court considers Watson's challenge to the agency’s authority to bring such a suit.

  • February 16, 2017

    UK Competition Warnings Down Slightly From Last Year

    The U.K.’s competition watchdog sent out 63 warning letters last year over suspected violations, down from 85 the year before, but it issued nearly three times as many advisory letters than in 2015, with resale price maintenance issues being a common theme, according to statistics made available on Wednesday.

  • February 16, 2017

    Enbridge, Spectra Settle FTC’s Concerns Over $28B Merger

    The U.S. Federal Trade Commission said Thursday that Enbridge Inc. and Spectra Energy Corp. have agreed to settle charges that their proposed $28 billion merger would harm competition for pipeline transportation of natural gas in areas off the coast of Louisiana.

  • February 16, 2017

    2nd Circ. Actos Ruling Boosts Pharma Antitrust Plaintiffs

    The Second Circuit has revived claims by purchasers of diabetes drug Actos accusing Takeda of delaying generic competition for the drug, providing guidance on antitrust causation in a ruling that smooths over a potential roadblock for plaintiffs in similar suits against pharmaceutical companies.

  • February 16, 2017

    UK Regulator To Investigate Heineken's $380M Pubs Buy

    The U.K. antitrust regulator on Thursday said it is opening an investigation into Heineken NV’s plan to drop £305 million ($380 million) to purchase roughly 1,900 pubs owned by Punch Taverns in the country to assess the transaction's effects on competition.

  • February 16, 2017

    BP, Shell Say 2nd Circ. Order Unrelated To Oil Price Claim

    BP PLC, Royal Dutch Shell PLC affiliates and others on Wednesday urged a New York federal judge to toss multidistrict litigation led by a group of derivatives traders alleging market manipulation, saying a recent Second Circuit decision has no bearing on the case.

  • February 16, 2017

    Visa Settles With 13 Retailers In £500M UK Swipe Fees Trial

    Visa Inc. settled on Wednesday with 13 of the 14 retailers in a £500 million ($625 million) swipe fees antitrust damages case before judgment in its recent trial had been delivered, London’s High Court heard on Thursday in a separate interchange fees suit.

  • February 15, 2017

    Ticketmaster Stole Trade Secrets Via Hacking, Songkick Says

    Songkick, a concert ticketing startup, tacked on new claims Wednesday in its ongoing antitrust suit against Live Nation and Ticketmaster over their alleged monopoly of ticket sales by claiming that one of its former executives who landed at Ticketmaster unlawfully accessed its computer systems to steal trade secrets.

  • February 15, 2017

    FTC Chair Says She'll Seek Balance In IP Antitrust Cases

    The Federal Trade Commission's new acting chairwoman vowed Wednesday to take action if companies abuse their patent rights but emphasized the need to strike the right balance on antitrust enforcement over intellectual property rights.

  • February 15, 2017

    US Steel Drops Hacking Prong Of Sweeping Trade Case

    U.S. Steel Corp. announced Wednesday that it will withdraw allegations that its Chinese competitors hacked and stole trade secrets for the production of high-tech steel, citing the “unbearable burden” it faced in arguing the case before the U.S. International Trade Commission.

  • February 15, 2017

    JPMorgan, Others Accused Of Rigging Forex In S. Africa

    South Africa’s antitrust authority on Wednesday accused 15 major banks including JPMorgan, Bank of America and HSBC of rigging foreign exchange markets and asked the country's competition tribunal to fine most of the institutions.

  • February 15, 2017

    Greek Electric Cos. Raided Over Competition Concerns

    Europe's antitrust authority raided the offices of several Greek electric companies on Tuesday, including Public Power Corp. SA, over concerns they are engaged in anti-competitive practices.

  • February 15, 2017

    MasterCard Settles More UK Swipe Fee Claims For $10M

    MasterCard Inc. has chipped away further at its mountain of interchange fee antitrust damages claims in Europe after settling with various U.K. firms for a total of $10 million during the final quarter of 2016, the firm announced on Wednesday.

  • February 15, 2017

    Judge Steps Back From Lilly Investor Suit Over Ropes & Gray

    A Massachusetts federal judge on Wednesday recused herself from a proposed class action by investors claiming they were cheated out of a better deal surrounding Eli Lilly & Co.’s $960 million acquisition of CoLucid Pharmaceuticals Inc., saying counsel Ropes & Gray LLP provides her with legal services.

  • February 15, 2017

    Ex-USC Athlete Objects To $209M Deal In Grant-In-Aid MDL

    A former University of Southern California linebacker objected Tuesday to a proposed $208.7 million deal to settle monetary claims in the antitrust suits contesting the NCAA’s caps on athlete scholarships, arguing in California federal court that the settlement releases state labor law claims that weren’t even covered in the litigation.

  • February 15, 2017

    Anthem Wins Delaware Order To Pause Cigna Merger Breakup

    A Delaware Chancery judge on Wednesday temporarily barred Cigna from backing out of its $54 billion tie-up with Anthem, hours after the rival health insurer launched a lawsuit to save the beleaguered deal.

  • February 15, 2017

    Ill. Nuke Plant Subsidies Flout FERC, Power Cos. Say

    A power producer coalition on Tuesday sued to overturn Illinois' plans to subsidize two struggling nuclear power plants in an echo of similar litigation launched against nuclear subsidies offered by New York state, claiming the incentives usurp the Federal Energy Regulatory Commission's exclusive authority over wholesale electricity markets.

Expert Analysis

  • Trends To Watch In DOJ Cartel Investigations This Year

    Lauren E. Briggerman

    For the first time in almost a decade, the U.S. Department of Justice's Antitrust Division does not appear to have a significant, multijurisdictional investigation to occupy its time and resources. As a result, the Antitrust Division’s focus in 2017 likely will be on smaller, domestic investigations, says Lauren Briggerman of Miller & Chevalier Chtd.

  • A Closer Look At The Aetna-Humana Merger Loss

    Jeff Spigel

    U.S. District Judge John Bates' recent decision to block the proposed merger between Aetna and Humana is significant not just for the way he approached certain health care antitrust issues but also for his serious criticism of Aetna’s efforts to conceal certain evidence, say attorneys with King & Spalding LLP.

  • Hart-Scott-Rodino Considerations For 2017

    Alycia Ziarno

    Fiscal year 2016 ended with a record $12.85 million in civil penalties imposed for alleged violations of the Hart-Scott-Rodino Act, dwarfing the $3.8 million assessed the previous year. And companies and investors face the possibility of higher maximum civil penalties if they violate the HSR Act in FY 2017, say Alycia Ziarno and Brian Whittaker of Nixon Peabody LLP.

  • A New Tool For Obtaining Jurisdiction In New York Courts

    Stephen P. Younger

    In the past, a foreign bank’s use of correspondent bank accounts in the United States to facilitate wire transfers has not necessarily given New York courts a sufficient basis for jurisdiction over the bank. But the New York high court's recent decision in Rushaid v. Pictet & Cie may change that, say Stephen Younger and Sarah Ferguson of Patterson Belknap Webb & Tyler LLP.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    Gorsuch's Good, Wrong Opinion In Microsoft Antitrust Case

    James Robertson Martin

    Judge Neil Gorsuch got it wrong when he affirmed the trial court’s dismissal of an unlawful monopolization case brought by our client, the former owners of WordPerfect, against Microsoft. But it was an extraordinarily well-written opinion — powerful and analytic. It was 2013 and clear to me that Judge Gorsuch was going to end up on someone’s shortlist for the U.S. Supreme Court, says James Robertson Martin of Zelle LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Tracking Global Merger Control Changes For 2017

    Joshua Holian

    This year introduces new layers of complexity to the already challenging task of identifying which countries around the world will claim jurisdiction to review a given M&A transaction. Multiple jurisdictions are modifying their merger filing thresholds, and several other countries have newly introduced merger reporting requirements, say Joshua Holian and Amanda Reeves of Latham & Watkins LLP.

  • Prosecution Of Corporate Execs: The Latest Developments

    Dawn E. Murphy-Johnson

    During the last quarter of 2016, the U.S. Department of Justice announced several significant guilty pleas and indictments against corporate executives that may provide some clues about where the prosecution of executives is headed this year, say attorneys with Miller & Chevalier Chtd.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.