Competition

  • March 27, 2017

    Trump Names Makan Delrahim As DOJ Antitrust Chief

    President Donald Trump on Monday named White House deputy counsel Makan Delrahim to lead the U.S. Department of Justice's Antitrust Division, giving the Bush DOJ veteran and IP expert one of the most high-profile perches in the competition world.

  • March 27, 2017

    UK Antitrust Tribunal Denies ICE Divestment Appeal

    The U.K. Competition Appeal Tribunal on Friday turned down Intercontinental Exchange Inc.'s request to appeal a tribunal decision that sided with the country's antitrust regulator on its order that ICE sell off a recently acquired trading software firm.

  • March 27, 2017

    EU Probes More Deal Reviews Over Misleading Info Worries

    The European Commission's top antitrust enforcer confirmed Monday that the watchdog was reviewing whether merging companies had misled investigators in a "small handful" of transactions.

  • March 27, 2017

    FTC Gets Ex-Patent Atty Testimony Blocked In Androgel Suit

    A Pennsylvania federal judge sided with the Federal Trade Commission in the agency's antitrust suit against AbbVie on Monday, striking an expert report and preventing the testimony of a retired Covington & Burling LLP patent attorney.

  • March 27, 2017

    Demand For Single-Market Access Kicks Off Key Brexit Week

    A landmark week in the British government's process to leave the European Union began with a demand that the prime minister preserve full access to the European single market, but lawyers warn that U.K. financial firms shouldn’t count on business as usual after Brexit.

  • March 27, 2017

    Mead Johnson Sued Over $17B Reckitt Benckiser Deal

    A Mead Johnson Nutrition Co. shareholder hit the company with a putative class action on Monday over its $17 billion tie-up with Reckitt Benckiser Group PLC, saying the company left information gaps in key securities filings regarding the deal.

  • March 27, 2017

    Barclays Exec Must Have Known Of Libor Rig, Trader Says

    A former Barclays banker accused of rigging a key global interest rate benchmark in a bid to boost profits told a London court on Monday that it would have been “unbelievable” if senior executive Harry Harrison wasn’t aware of the goings-on across the trading desks he managed.

  • March 27, 2017

    Dean Foods, Food Lion Settle Antitrust Suit On Trial's Eve

    Just days before a trial was set to begin, Food Lion LLC agreed to dismiss claims that Dean Foods Co. participated in a conspiracy to to limit competition for dairy products after the parties reached a settlement, according to court documents filed Sunday.

  • March 27, 2017

    MMA Fighter Says UFC Antitrust Claims Not Too Late

    Mixed martial arts fighters accusing the UFC of illegally dominating the sport asked a Nevada federal judge to deny the organization’s bid to escape one of the fighter's claims, arguing Friday that they are not time-barred given the fact the UFC’s antitrust violations continue.

  • March 27, 2017

    EU Competition Watchdog OKs Dow, DuPont Deal With Fixes

    The European Union’s competition watchdog cleared the anticipated combination of Dow and DuPont following an in-depth review, allowing for the creation of a $130 billion chemicals giant so long as the companies make good on their promised divestitures, according to a Monday announcement.

  • March 27, 2017

    Utility Can't Use Ruling As Antitrust Shield, SolarCity Says

    SolarCity Corp. on Friday insisted that a recent Third Circuit decision does not support an Arizona utility's argument that it's immune from SolarCity's antitrust suit over state-mandated price setting, telling the Ninth Circuit that the state never intended for the utility to use its authority to stifle competition.

  • March 27, 2017

    Justices Won't Hear $7.25B Visa, MasterCard Fee Deal Appeal

    The U.S. Supreme Court has turned down a bid by big banks and retailers to revive a $7.25 billion class action antitrust settlement with Visa and MasterCard over interchange fees, leaving in place a Second Circuit ruling that the deal did not adequately represent the interests of some merchants.

  • March 24, 2017

    Big Banks Dodge Currency Buyers' Forex-Rigging Suit

    Foreign currency buyers alleging they were charged falsely inflated prices as a result of a massive, ongoing price-fixing conspiracy by the world’s largest banks saw their latest complaint tossed out Friday by a New York federal judge, who said they failed to show how they suffered any antitrust injury.  

  • March 24, 2017

    Cisco Says 'Barred' IP Rival Can't Bring Sales Antitrust Suit

    Cisco Systems Inc. asked a California federal judge Thursday to toss rival Arista Networks Inc.’s antitrust suit alleging it interfered with sales of Ethernet switches, arguing Arista lacks standing to bring the suit because the U.S. International Trade Commission had found that the switches infringe Cisco's patents.

  • March 24, 2017

    NCAA Says O'Bannon 'Win' Not Enough For $42M Attys' Fee

    The NCAA asked the Ninth Circuit to deny a $42 million attorneys' fee request in the long-running litigation over rules barring student-athletes from being paid for the use of their names, images and likenesses, arguing Thursday that the win was only partial and doesn’t warrant such a large award.

  • March 24, 2017

    High Court Asked To Flip Cup Antitrust Ruling From 1st Circ.

    Evergreen Partnering Group has asked the U.S. Supreme Court to review its lawsuit against Solo Cup, Dart Container and others alleging a conspiracy to muscle Evergreen out of the market, saying there is a circuit split on the evidence needed to beat a summary judgment motion.

  • March 24, 2017

    Subscribers Want Blue Cross Antitrust MDL Trims Rethought

    Insurance subscribers in multidistrict litigation accusing Blue Cross Blue Shield of a massive price-fixing conspiracy asked an Alabama federal judge to reconsider some of his summary judgment ruling, arguing Thursday that the company’s out-of-state plans don't qualify for antitrust immunity.

  • March 24, 2017

    Ex-Barclays Trader Tells Court Fixing Libor 'Couldn’t Hurt'

    A former Barclays trader accused of attempting to manipulate a key global interest rate benchmark in a bid to boost profits told a London court on Friday that a successful rig would only have a “small” impact on his desk’s position and that he made requests just because they “couldn’t hurt.”

  • March 24, 2017

    Chicago Cabbies Take Uber Regs Fight To Supreme Court

    Chicago taxi companies Wednesday asked the U.S. Supreme Court to hear their arguments that city regulations covering ride-hailing platforms like Uber and Lyft violate the cab businesses' constitutional rights.

  • March 24, 2017

    Schenker Fights To Shield Client Info In Air Cargo Cartel Suit

    Air France, KLM, Martinair and Qantas cannot dig up information on freight forwarder Schenker AG’s relationship with its customers because it’s irrelevant to a $370 million antitrust suit accusing major airlines of fixing prices for air cargo services, Schenker told a New York federal court Thursday.

Expert Analysis

  • 6 Legal And Regulatory Risks Facing Specialty Pharmacies

    Carol Ann Poindexter

    Specialty pharmacies, selling primarily drugs prescribed for complex or chronic medical conditions like cancer and multiple sclerosis, often face unique legal and regulatory issues. Attorneys with Norton Rose Fulbright US LLP discuss how specialty pharmacies can mitigate some of these risks.

  • Beyond Pay-For-Delay: 3 Pharma Antitrust Cases To Watch

    Chad J. Peterman

    The First Circuit's decision Monday in Amphastar v. Momenta and two cases pending in New Jersey and Connecticut district courts highlight how antitrust implications may arise for pharmaceutical companies from their interactions and strategies with players across the industry — standard-setting bodies, active pharmaceutical ingredient suppliers and drugmakers, say attorneys with Paul Hastings LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Shipping Act's Antitrust Preemption Is Powerful

    John Longstreth

    The Third Circuit's recent decision in the Vehicle Carrier Services Antitrust Litigation affirms that the Shipping Act of 1984 preempts both state and federal antitrust claims. The court’s decision fits comfortably into a line of U.S. Supreme Court decisions that reflect considerable concern that state antitrust laws not be allowed to interfere with regulatory regimes established by Congress, say attorneys with K&L Gates LLP.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • Defining 'Fair' Licensing: Where We Stand On FRAND

    Charles. L. “Chip” Babcock

    One of the hottest terms in tech right now is “internet of things.” And fair, reasonable and nondiscriminatory licensing provides access to that connectivity. The FRAND system is based on mutual trust and shared commercial interests among the world’s most innovative companies. Where it gets complicated is that there is no consensus on what FRAND should mean and whether it can be defined in more detail, says Charles Babcock of Jackson Walker LLP.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • Initial Lessons From The Anthem-Cigna M&A Lawsuits

    Jonathan Corsico

    Merger agreement provisions such as breakup fees, termination fees, reverse breakup fees, reverse termination fees and closing failure fees are easily misunderstood, as evidenced by the recent competing suits between Anthem and Cigna. The confusion stems, in part, because these fees take a wide range of forms and serve a wide range of functions, say attorneys with Gibson Dunn & Crutcher LLP.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • How The Courts Review Executive Orders

    Steven D. Gordon

    The cases challenging President Donald Trump’s executive orders fit within the established legal framework that limits, but does not preclude, judicial review of such orders, says Steven Gordon of Holland & Knight LLP.