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Competition

  • October 15, 2018

    Coachella Won't Face The Music Of Rival’s Antitrust Suit

    The Coachella Valley Music and Arts Festival is off the hook for a rival’s claims it is unfairly preventing performers from accepting gigs at other events after an Oregon federal judge found that Soul’d Out Music can’t sue over contracts it’s not involved in, according to an order Friday. 

  • October 15, 2018

    Qualcomm Fights Cert. Of 'Biggest Class Action In History'

    Qualcomm has asked the Ninth Circuit to review the certification of a class estimated to cover 250 million cellphone buyers who allegedly paid overages stemming from the chipmaker's anti-competitive licensing practices, saying the ruling creates "quite likely the biggest class action in history."

  • October 15, 2018

    $5.4B CME-NEX Deal Receives US Antitrust Clearance

    Futures trading giant CME Group Inc. and London trading firm NEX Group PLC both said that they have gained approval from the regulatory agencies of several countries — including the U.S. — regarding CME's $5.4 billion acquisition of NEX but are still waiting for the go-ahead from the U.K.'s competition watchdog.

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Deutsche Bank sue an Italian wealth management bank, several hotels lodge competition claims against Visa and MasterCard and the 200-year-old company behind British bank notes bring a pensions action against HSF. Here, Law360 looks at those and other new claims in the U.K.

  • October 12, 2018

    Merck, Glenmark Tear Apart Zetia Pay-For-Delay MDL Claims

    Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. have asked a Virginia federal court to throw out three complaints in multidistrict litigation accusing them of entering into an illegal reverse-payment deal to keep a generic version of the cholesterol drug Zetia off the market.

  • October 12, 2018

    Broadcom Says EU OK'd $18.9B CA Inc. Deal

    Broadcom Inc.'s $18.9 billion buy of New York-based software company CA Inc. got the green light under the European Union's antitrust laws, clearing the way for the deal's closure by Nov. 5., Broadcom told the U.S. Securities and Exchange Commission on Friday.

  • October 12, 2018

    AmEx Wants Narrow Market Claims Tossed In Card Fee Fight

    American Express told a New York federal judge Friday that since it competes on a playing field for both merchants and cardholders, claims from retailers that it unfairly blocks rivals in a narrower market should be dropped from an antitrust suit.

  • October 12, 2018

    Ex-UBS Forex Trader Says 'Cartel' Used Chats To Collude

    A former foreign currency exchange trader for Barclays PLC and UBS Group AG on Friday told a Manhattan federal jury that he and three other forex traders at rival banks used a chatroom dubbed “the cartel” to coordinate their euro-U.S. dollar deals, including those tied to benchmark fix rates.

  • October 12, 2018

    DOJ Says AT&T Can't Fix District Court's Errors

    The U.S. Department of Justice on Thursday continued its bid to revive its challenge of AT&T Inc.'s purchase of Time Warner Inc., telling a D.C. Circuit panel that the company can't fix the economic and logical errors made by the lower court judge.

  • October 12, 2018

    FTC Accuses Dental Supply Cos. Of Refusing Discount Sales

    The Federal Trade Commission on Tuesday accused three dental supply companies of conspiring through email and in-person communication to refuse to offer discounts to buying groups on the ground that the groups could cut into the companies’ profit margins.

  • October 12, 2018

    Can The DOJ Speed Merger Reviews? It’s Tried Before

    Antitrust experts are cautiously optimistic when it comes to the U.S. Department of Justice Antitrust Division’s latest plan to speed merger reviews — with good reason.

  • October 12, 2018

    Cabela's Tries To Stop Ex-Employees' E-Commerce Startup

    Sporting goods retailer Cabela’s told a Delaware Chancery Court judge in a brief made public late Thursday that a group of former employees should be stopped from launching a new online retail enterprise because it violates their employment agreements.

  • October 12, 2018

    FTC Knocks Nokia's Stance Against Cellphone Part Licensing

    Qualcomm Inc. must license its patented cellphone components under its obligations with standard-setting groups, contrary to arguments Nokia made backing Qualcomm in an ongoing antitrust suit, the Federal Trade Commission told a California federal judge Thursday.

  • October 12, 2018

    Drywall Cos. In Price-Fixing MDL Still Face Bid For Quick Win

    A Pennsylvania federal judge on Thursday ruled that a year-old appellate antitrust decision doesn’t force him to rethink denying a summary judgment motion in the last case in long-running multidistrict litigation over price-fixing allegations regarding domestic drywall, tossing one of two motions lobbed by construction product suppliers in the case. 

  • October 12, 2018

    EVA, Others To End Trans-Pacific Price-Fix Row For $50M

    A California federal judge granted final approval of settlements with EVA Airways Corp., Philippine Airlines Inc., Air New Zealand Ltd. and China Airlines Ltd. that will require the carriers to pay more than $50 million to resolve their part of multidistrict litigation alleging that major airlines conspired to fix the prices of trans-Pacific flights.

  • October 12, 2018

    Ranbaxy Abused 'First-To-File' For Heartburn Treatment: Suit

    Defunct Indian pharmaceutical company Ranbaxy Laboratories Ltd. lied to the U.S. Food and Drug Administration and unfairly blocked other generic forms of the heartburn treatment Nexium in order to gain "first-to-file" exclusivity, according to a proposed class action filed Thursday in Massachusetts federal court by supermarket chain Meijer Inc.

  • October 11, 2018

    Impax Reverse Payment About Dodging Competition, FTC Told

    Federal Trade Commission staff attorneys urged the commission in oral arguments Thursday to revive a pay-for-delay case against Impax over the opioid pain medication Opana ER, arguing that brandmaker Endo Pharmaceuticals Inc.’s payment of more than $100 million to the generics company was meant to avoid competition.

  • October 11, 2018

    Stars Group Gets Greenlight For $4.7B Sky Betting Buy

    United Kingdom antitrust authorities on Thursday announced they had cleared Canadian gaming company Stars Group Inc.’s $4.7 billion purchase of Sky Betting & Gaming from CVC Capital Partners, creating what has been billed as the world’s largest publicly listed online gaming company.

Expert Analysis

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • What We Heard At The FTC Hearings: Day 1

    Barry Reingold

    Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Series

    Winner's Playbook: Behind The Scenes Of The AmEx Case

    Evan Chesler

    In June, the U.S. Supreme Court issued a pivotal antitrust decision in Ohio v. American Express. Three partners at Cravath Swaine & Moore LLP who represented AmEx explain how one of the most significant antitrust enforcement actions in recent history led to a landmark precedent for two-sided platforms.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.