Competition

  • February 17, 2017

    Installer Blasts Comcast's Quick Win Bid In Antitrust Spat

    A former Comcast subcontractor accusing Comcast of a conspiracy to divide the market for cable installation services asked a California federal court Thursday to deny the cable company’s bid for summary judgment in the case, saying there is substantial evidence of a conspiracy.

  • February 17, 2017

    DOJ Must Hand Over Plea Docs In Foreclosure Bid-Rig Suit

    A California federal judge on Thursday ordered the U.S. Department of Justice to produce documents on plea negotiations in which the government played recordings obtained from wiretapping that was deemed unconstitutional in a case accusing five men of rigging bids at public foreclosure auctions.

  • February 17, 2017

    Freddie Mac, FDIC Lose Bid For Redo In Libor Rigging Fight

    A New York federal judge refused Thursday to reconsider her dismissal of allegations by Freddie Mac, the Federal Deposit Insurance Corp. and Principal Financial Group Inc. regarding a conspiracy by big banks to rig the London interbank offered rate, saying U.S.-based accusations were dismissed in 2015.

  • February 17, 2017

    Cumulus Tries To Quash What's Left Of Radio Antitrust Suit

    With a the antitrust portion of a radio syndication suit already dismissed, Cumulus Media Inc. has asked an Oregon federal judge to toss the remaining breach of contract claims for failure to state specific claims and other deficiencies in the amended complaint filed by a quartet of independent radio syndicator networks.

  • February 17, 2017

    EBA Clashes With EU Commission Over Swipe Fee Regs

    The European Banking Authority rejected proposals Thursday from the European Commission to change its guidance for firms required to separate their payment card schemes and processing entities under new credit card swipe fee regulations, saying they were too "restrictive" and went beyond the original mandate.

  • February 16, 2017

    Comcast Lobbies FCC To Revive UHF Ownership Limit Break

    Cable giant Comcast has pressed the Federal Communications Commission to reverse course from an Obama-era move dropping a break for UHF station owners, asking the new FCC to return to a less stringent media ownership restriction, according to a filing Thursday.

  • February 16, 2017

    Anthem Says TRO Backs Fast Appeal In $54B Cigna Deal

    Anthem Inc. doubled down Thursday on its bid for the D.C. Circuit to hasten its appeal of a ruling against a $54 billion merger with Cigna Corp., arguing that a temporary restraining order stopping Cigna from breaking up the deal bolsters its case for an expedited decision.

  • February 16, 2017

    Steel Buyers' $30M Deal Approved, Ending Antitrust Row

    An Illinois federal judge granted final approval Thursday to a $30 million group of settlements in an antitrust action brought by steel purchasers against several major steel producers, shutting the door on claims the producers colluded to manipulate the supply and price of their products.

  • February 16, 2017

    EU Antitrust Watchdog May Probe Loan Syndication Market

    The European Union's antitrust watchdog said Wednesday it may launch a review of competition issues involving loan syndication, when multiple lenders join together to provide one loan, as financial services continues to be a priority for the enforcer in 2017.

  • February 16, 2017

    Uber Looks To Consolidate 4 Suits By Boston Taxi Cos.

    Uber Technologies Inc. on Thursday asked a Massachusetts federal court to consolidate four cases brought by 265 local taxi companies accusing Uber of operating illegally in Boston and competing unfairly by not complying with local taxi ordinances.

  • February 16, 2017

    Retailers Face Long Road To MasterCard Swipe Fee Appeal

    A group of major U.K. retailers trying to overturn their loss in an antitrust swipe fee claim against MasterCard Inc. will have to embark on the longer process of going directly to London's Court of Appeal, after the trial judge refused Thursday to let them challenge his ruling.

  • February 16, 2017

    Lowenstein Sandler Snags Antitrust Chief From Morgan Lewis

    Lowenstein Sandler LLP said Wednesday it has expanded its Washington, D.C., office with the addition of a former Morgan Lewis & Bockius LLP partner who will become co-chair of the firm’s antitrust practice.

  • February 16, 2017

    Hitachi Must Pay $55M For Shock Absorber Price-Fixing

    An Ohio federal judge on Thursday fined Japanese auto parts maker Hitachi Automotive Systems Ltd. $55.48 million for manipulating the market for shock absorbers, following a U.S. Department of Justice recommendation last week.

  • 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.

Expert Analysis

  • 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.

  • An Update On Merger Filings In China

    Wei Huang

    In 2016, the law enforcement activities of China's Anti-Monopoly Bureau remained highly active — a record 378 transactions were filed, 360 transactions were placed on file, and 395 cases were closed. The agency's merger review has grown more efficient, say attorneys with Tian Yuan Law Firm.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • Major DOJ Antitrust Policy Shift On Immunity For Employees

    Cale A. Johnson

    A subtle change buried in the recent update to the U.S. Department of Justice Antitrust Division’s leniency guidance represents a significant policy shift that may have an impact on the effectiveness of internal investigations and what companies decide to do based on what they learn, say attorneys with Dykema Gossett PLLC.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • What The Qualcomm Case Tells Us About FTC And FRAND

    Michael T. Renaud

    Federal Trade Commission staff will no doubt characterize its recent complaint against Qualcomm as the mere application of traditional antitrust principles to conduct that just happens to involve intellectual property licensing. If that were the case, then it should have been uncontroversial to include a discussion of these practices in the revised guidelines released four days earlier, say attorneys with Mintz Levin Cohn Ferris Gl... (continued)