Competition

  • July 21, 2017

    Intel, Apple Tag Qualcomm As 'Monopolist' In IP War At ITC

    Apple and Intel hit hard at Qualcomm in public statements filed Thursday with the U.S. International Trade Commission in a case where the chipmaker is seeking to bar iPhones that allegedly infringe its patents, with both companies accusing Qualcomm of seeking a monopoly on the technology.

  • July 21, 2017

    Miami Land Sale For Beckham Soccer Stadium Challenged

    A lawsuit filed Thursday is challenging Miami-Dade County officials' recent approval of a $9 million, no-bid deal to sell former soccer star David Beckham a parcel of land to complete his plans for a new soccer stadium needed to land Miami an expansion Major League Soccer franchise.

  • July 21, 2017

    Rising Star: Latham's Andrew Gass

    A carefully carved niche by Latham & Watkins LLP’s Andrew Gass at the intersection of intellectual property and competition matters in the music industry, and his successes in that sector — such as wins for Live Nation and Ticketmaster in Songkick's ongoing antitrust suit against them — have earned Gass a spot as one of five competition law attorneys under age 40 honored by Law360 as Rising Stars.

  • July 21, 2017

    Container Cos. Tell High Court To Let Antitrust Win Stand

    Solo Cup Co., Dart Container Corp. and other food container makers have urged the U.S. Supreme Court not to take up defunct polystyrene recycling company Evergreen Partnering Group’s appeal of the First Circuit’s summary judgment ruling in its antitrust case against the companies, arguing that no court would have decided it differently.

  • July 21, 2017

    MasterCard Gets Win As Tribunal Blocks £14B Class Action

    The U.K.’s Competition Appeal Tribunal put the brakes on a £14 billion ($17.2 billion) consumer antitrust suit against MasterCard over swipe fees on Friday, ruling that the suit cannot proceed as a class action.

  • July 20, 2017

    DC Appellate Court Greenlights Exelon-Pepco Merger

    A D.C. appellate court signed off on a $6.8 billion merger between Exelon Corp. and Pepco Holdings Inc. on Thursday, shutting down arguments from multiple challengers that the Public Service Commission of the District of Columbia shouldn’t have approved the deal.

  • July 20, 2017

    Amphastar Asks Jury To Nix $1B Momenta Infringement Case

    Amphastar Pharmaceuticals on Thursday told a federal jury in Boston that generic competitor Momenta’s “outrageous” dishonesty in developing standards for a lucrative blood thinner should end the company’s patent infringement case.

  • July 20, 2017

    Libor Trader Ruling Creates Cross-Border Hurdle For DOJ

    In overturning two traders' convictions for rigging a global financial benchmark, the Second Circuit handed the U.S. Department of Justice a major defeat that cross-border practitioners say creates an obstacle in joint U.S. enforcement cases.

  • July 20, 2017

    DuPont, Others Make $3.5M Deal In Paint Price-Fixing Suit

    DuPont and other chemical makers have agreed to pay a proposed class of paint buyers $3.5 million to end a suit alleging the companies schemed to fix the price of a paint ingredient, according to a motion filed by the plaintiffs in California federal court Thursday.

  • July 20, 2017

    DeValerio Of Berman DeValerio Starts New Firm

    Berman DeValerio founding partner Glen DeValerio has left the firm to start a new one, taking a name synonymous with the securities and antitrust arena into new areas of law, including the trial work he recently found an affinity for.

  • July 20, 2017

    S. Africa Court Seeks More Info On Dow-DuPont Merger Fixes

    South Africa's competition tribunal asked the country's watchdog Wednesday for more information about proposed antitrust remedies for Dow and DuPont's plan to merge into a $130 billion chemicals giant before clearing the deal.

  • July 20, 2017

    FTC Balks At Discovery Extension In AndroGel Antitrust Suit

    The Federal Trade Commission objected Wednesday to a group of pharmaceutical companies’ request for two more months of expert discovery in an antitrust case alleging they conspired to keep generic competitors for AndroGel off the market, telling a Georgia federal court that a year and a half is enough.

  • July 20, 2017

    Namenda Buyers' Experts Should Stay, Judge Says

    A New York magistrate judge on Thursday recommended allowing the testimony of two experts in an antitrust suit alleging Forest Laboratories LLC blocked generic alternatives to its Namenda Alzheimer’s treatment.

  • July 20, 2017

    FTC Approves Baxter $625M Claris Buy With Antitrust Fixes

    The Federal Trade Commission gave its seal of approval Thursday to medical products company Baxter International Inc.’s $625 million purchase of Claris Lifesciences Ltd.’s injectables business, on the condition that Baxter and Claris leave the market for a pair of pharmaceutical products.

  • July 20, 2017

    Sabre Asks 2nd Circ. To Ax $15M US Airways Antitrust Win

    Travel booking company Sabre on Wednesday asked the Second Circuit to overturn a $15 million jury verdict awarded to US Airways in the airline’s antitrust suit over Sabre’s contract terms, saying the decision did not heed the appeals court’s holding in a case involving merchant rules imposed by American Express.

  • July 20, 2017

    Flextronics, Samsung Settle Battery Price-Fixing Claims

    A California federal judge on Tuesday granted Flextronics’ bid to withdraw its price-fixing claims against Samsung SDI and a U.S. affiliate after the trio reached a deal in antitrust litigation over alleged price-fixing for lithium-ion batteries.

  • July 20, 2017

    FTC Names Shearman Atty As Latest Competition Unit Head

    Just two weeks after acting Federal Trade Commission Chairman Maureen K. Ohlhausen picked her third new acting director of the agency’s bureau of competition, she announced on Thursday that she had selected someone else to temporarily lead the bureau, this time naming a Shearman & Sterling LLP partner.

  • July 19, 2017

    IPhone Makers Fight Qualcomm Injunction Bid In Royalty Suit

    IPhone manufacturers including Foxconn Corp. and Wistron Corp. urged a California federal judge Tuesday to deny Qualcomm Inc.’s bid for an injunction requiring them to make royalty payments during the chipmaker’s licensing dispute with Apple, saying it would hinder the resolution of antitrust and enforceability concerns related to the deals.

  • July 19, 2017

    5 More AGs Bring Price-Fixing Suit Against Drugmakers

    Arkansas, Missouri, New Mexico, West Virginia and Washington, D.C., have joined more than 40 states in suing several major drug companies, including Heritage, Mylan and Teva, in Connecticut federal court for allegedly fixing the prices of a generic antibiotic and a diabetes medication.

  • July 19, 2017

    Brazil Watchdog Takes Alleged Tech Cartel Cos. To Tribunal

    Brazil’s antitrust watchdog said Tuesday it had urged an administrative tribunal to find that Sharp, a Hitachi unit and three other companies had colluded with a wider group that fixed the prices of thin film transistors, a key component of laptops and monitors.

Expert Analysis

  • Proposal To Remedy Horizontal Shareholding Is Flawed

    Elaine Buckberg

    Several recent studies claim to show that competition is adversely affected when institutional investors hold significant shares in multiple firms within a “concentrated” industry. Following on this research, Eric Posner, Fiona Scott Morton and E. Glen Weyl have proposed a remedy that is a costly and disruptive way to change asset manager behavior, say members of The Brattle Group Inc.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • The Walgreens-Rite Aid Combination: Act 2

    Randy Gordon

    The recent recasting of the proposed Walgreens-Rite Aid merger as a partial acquisition shows that it’s possible to achieve business goals through alternative means. That is, antitrust problems that often bedevil large-scale mergers can be elided through the use of less ambitious plans, says Randy Gordon, chairman of the antitrust and trade regulation group at Gardere Wynne Sewell LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • Morrison's Impact On Commodity Exchange Act Claims

    Karen Hoffman Lent

    The Southern District of New York's recent decision in North Sea Brent Crude Oil Futures Litigation, together with the Second Circuit's decision in Loginovskaya, makes clear that Morrison presents a daunting obstacle to private Commodity Exchange Act claims that involve some element of foreign conduct, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • Opinion

    Meritless FTC Case Against Qualcomm Will Harm Consumers

    James Skyles

    With its complaint earlier this year against Qualcomm, the Federal Trade Commission is in danger of intervening on behalf of business interests, not those of consumers, and compromising protections for innovations and technological breakthroughs, says James Skyles, founder of Skyles Law Group LLC.