Competition

  • November 14, 2017

    Apple Says IPhone Buyers' Class Cert. Bid Ignores Reality

    Apple Inc. urged a California federal court Monday to reject a class certification bid by a group of consumers who accused the iPhone maker of locking them into voice and data plans with AT&T, saying the phone buyers were being “deliberately indifferent” to earlier rulings trimming their case.

  • November 14, 2017

    5 Ways New CFIUS Legislation Would Alter Review Process

    A bipartisan group of lawmakers recently introduced new legislation to “modernize and strengthen” the Committee on Foreign Investment in the United States, extending the interagency committee's reach to more types of transactions, adding a mandatory filing component and fees, and adjusting the review timeline. Here, Law360 outlines five of the major changes CFIUS would see if the bill becomes law.

  • November 14, 2017

    Top EU Court Rules Veggie Growers Can't Fix Minimum Prices

    The European Union’s highest court ruled Tuesday that agricultural policy can take precedence over competition rules, but efforts to fix minimum prices for produce like the endives at issue in a French cartel case were a step too far.

  • November 14, 2017

    3rd Circ. Skeptical Of Philly Cabbies’ Uber Antitrust Claims

    A Third Circuit panel on Tuesday expressed skepticism over claims by the attorney representing a group of Philadelphia taxi drivers that Uber’s entry into the city created an illegal monopoly in the vehicle-for-hire market, with multiple judges suggesting the company’s arrival was good for the consumer.

  • November 13, 2017

    Qualcomm Can't Escape Pared-Down Consumer Antitrust Suit

    A California federal judge has ruled that consumers cannot seek damages from Qualcomm over its patent licensing practices under federal antitrust law, but she rejected the chipmaker's bid to dismiss state law claims in the proposed class action.

  • November 13, 2017

    German Co. Reaches $2M Deal In Car Door Latch Antitrust Suit

    German auto parts manufacturer Kiekert AG has agreed to pay $2.28 million to settle a proposed class action from consumers alleging the company conspired to fix the prices of vehicle door latches, according to documents filed in Michigan federal court Monday.

  • November 13, 2017

    Mo. AG Investigating Google's Competition, Privacy Practices

    Missouri Attorney General Josh Hawley said Monday his office has subpoenaed Google Inc. as part of a larger investigation into whether the tech giant’s alleged collection of user data, use of competitors’ content and manipulation of search results violate state consumer protection and antitrust laws.

  • November 13, 2017

    China Aluminum Co. Kills $2.3B Aleris Deal Amid CFIUS Woes

    A U.S. unit of China’s Zhongwang International Group said Monday it has scrapped its planned $2.3 billion takeover, including debt, of private equity-backed aluminum manufacturer Aleris Corp., amid uncertainty about the deal’s ability to secure approval from the Committee on Foreign Investment in the United States.

  • November 13, 2017

    Qualcomm Spurns $130B Broadcom Takeover Bid As Too Low

    Qualcomm Inc. on Monday rejected Broadcom Ltd.’s $130 billion takeover bid, contending the offer “dramatically undervalues” the company’s position in mobile technology and comes with “significant regulatory uncertainty.”

  • November 10, 2017

    Ex-Barclays Trader 2nd To Get Libor Conviction Reviewed

    The Criminal Cases Review Commission confirmed on Friday that it will review a former Barclays PLC banker’s petition for a final appeal against his June 2016 conviction for rigging the London Interbank Offered Rate.

  • November 10, 2017

    EU Court Rebukes Watchdog Over €15M ICAP Libor Rig Fine

    A top European Union court gave a U.K. broker-dealer a partial win on Friday by annulling parts of the European Commission’s decision to fine it nearly €15 million ($19 million) in 2015 for alleged involvement in cartels linked to the rigging of Japanese Yen interest rate derivatives.

  • November 9, 2017

    Experts Question DOJ Approach To AT&T-Time Warner Review

    AT&T’s bid to buy Time Warner bubbled into public controversy amid speculation over a possible sale of CNN, but experts say because the companies don’t have any competitive overlap, it should be a candidate for clearance without the U.S. Department of Justice demanding any divestitures.

  • November 9, 2017

    Corporate Convictions Pale Beside DPA Gains, SFO Boss Says

    The head of the U.K.'s Serious Fraud Office hit back Thursday at critics of the country's young deferred prosecution agreement program, saying the deals let prosecutors focus on charging individuals rather than winning nominal convictions of corporations.

  • November 9, 2017

    Allergan Can't Nix Antitrust Row As Buyer Class Is Certified

    Allergan PLC and several related companies lost their bid to exit an antitrust suit by end purchasers of an ulcerative colitis drug as a Massachusetts federal judge on Thursday denied their attempt to kill the claims and granted certification to a class of buyers.

  • November 9, 2017

    Airlines Urge High Court To Hear Antitrust Filed-Rate Fight

    The Ninth Circuit’s refusal to let two Asian airlines use federal price regulations to dodge antitrust damages claims warrants U.S. Supreme Court review because the ruling allows courts to improperly interfere in regulatory frameworks, the airlines have argued.

  • November 9, 2017

    FCC Official Says Merger Analysis 'Evolves' With Market

    A top Federal Communications Commission official said Thursday that the agency uses a flexible approach to analyzing the competitive effects of mergers in the telecommunications sphere, indicating that market definitions and other analytical tools employed by the regulator adapt with changing technologies and market realities.

  • November 9, 2017

    2nd Circ. Won't Revisit Use Of Forced Testimony

    The full Second Circuit said Thursday it will not reconsider a decision dismissing a Libor-rigging case tainted by compelled statements made in the U.K. — leaving the government to live with the limit on cross-border enforcement or appeal to the U.S. Supreme Court.

  • November 8, 2017

    Apple, Qualcomm Each Take Losses In War Over IPhone Chip

    Qualcomm can’t accuse Apple of unfair competition for allegedly threatening to end their business partnership if the chipmaker went public about disparities in iPhone speeds, a California federal judge said Wednesday in an order that also found Apple couldn’t assert that nine of Qualcomm’s patents were invalid.

  • November 8, 2017

    Startup Hits Florida Bar, Law Firm With $11M Antitrust Suit

    A startup hit the Florida Bar and a Sunshine State law firm specializing in traffic ticket defense with an $11.4 million lawsuit Wednesday for allegedly engaging in anti-competitive conduct that cost the company $3.8 million. 

  • November 8, 2017

    Affiliate Drug Discount Exempt From Antitrust Law, FTC Says

    A nonprofit hospital in New York can sell discounted prescription drugs to an affiliate’s employees without breaching antitrust restrictions on different pricing for the same products, Federal Trade Commission staff said in an opinion released Tuesday.

Expert Analysis

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.