Competition

  • April 17, 2017

    Alcoa Can't Nix Claim That $200M Trade Secrets Suit Is 'Sham'

    Alcoa's efforts to evade counterclaims assailing its $200 million trade secrets theft suit against an aircraft parts manufacturing rival are better left until after discovery closes, a Georgia federal judge has said, finding Universal Alloy's assertion it is a “sham” lawsuit meant to dissuade competition is strong enough to survive dismissal.

  • April 17, 2017

    Minor Leaguers Swing For Fence In 9th Circ. Exemption Row

    Baseball's nearly 100-year-old judicially created exemption that protects it from antitrust lawsuits is once again under attack, this time by Minor League Baseball players who are gearing up to tell the Ninth Circuit that Major League Baseball and its clubs are conspiring to suppress their wages.

  • April 14, 2017

    Airlines Can't Ditch Price-Fixing MDL, 9th Circ. Rules

    The Ninth Circuit on Friday affirmed a district court’s holding that All Nippon Airways, EVA Airways and China Airlines cannot, by pointing to federal price regulations, escape multidistrict litigation accusing the airlines of fixing prices on transpacific flights.

  • April 14, 2017

    Antitrust Group Urges China To Adjust Approach To IP Abuse

    A George Mason University law school unit has urged the Chinese government to recalibrate long-gestating guidelines applying China's antitrust law to intellectual property to better recognize the rights of patent holders.

  • April 14, 2017

    FCC Should Delay Business Data Services Vote, SBA Says

    The Small Business Administration asked the Federal Communications Commission Thursday to delay the upcoming vote on changes to the rules governing the market for business data services so stakeholders have more time to raise and resolve their concerns with the agency.

  • April 14, 2017

    Baxter Hit With DOJ Subpoena Over Saline Shortages

    Federal antitrust prosecutors are investigating Baxter International over saline shortages, the health care company said Friday, adding attention to an issue that has already drawn questions from a state attorney general and sparked lawsuits.

  • April 14, 2017

    Duane Morris Scores Up To $2.8M For Auto Parts MDL Work

    The Michigan federal judge overseeing the sprawling auto parts price-fixing multidistrict litigation on Thursday awarded Duane Morris LLP attorneys representing a class of truck and equipment dealerships up to $2.8 million in attorneys’ fees and costs for helping achieve $5.7 million in settlements with a trio of parts makers.

  • April 13, 2017

    Consumers Would Pay More In Special Access Plan, FCC Told

    The Computer & Communications Industry Association on Wednesday warned the Federal Communications Commission that its plan for a new regulatory framework in the market for special access, or business data, services would inflate prices and pass the burden to customers.

  • April 13, 2017

    EU Initiative Seeks Clarity On Standard-Essential Patents

    The European Commission is working to provide guidance on standard-essential patents that fills in the gaps left behind by court rulings to reduce uncertainty for European businesses and ensure they do not fall behind on innovation, according to a commission document published this week.

  • April 13, 2017

    FTC, Qualcomm Clash On Discovery In Patent Antitrust Suit

    The Federal Trade Commission and Qualcomm Inc. on Wednesday laid out their differences over forthcoming discovery processes in the agency’s antitrust suit accusing the chipmaker of unfair patent licensing practices, with the FTC urging quicker proceedings and Qualcomm looking to slow them down. 

  • April 13, 2017

    Green Groups Back Illinois Nuclear Plant Subsidies

    Environmental, public health and consumer groups on Wednesday threw their support behind Illinois as the state defends itself against a legal challenge to its plans to subsidize two struggling nuclear power plants, blasting the argument that the subsidies usurp the Federal Energy Regulatory Commission's authority over wholesale electricity markets.

  • April 13, 2017

    Porzio Bromberg Nabs Former Asst. US Atty As Principal

    Porzio Bromberg & Newman PC has welcomed former federal prosecutor William “Bill” J. Hughes Jr. as a principal in the firm’s Morristown, New Jersey, outpost, where he’ll spearhead its new white collar practice.

  • April 13, 2017

    3rd Circ. Will Decide Lipitor, Effexor Pay-For-Delay Suits

    The Third Circuit on Thursday said it has jurisdiction to consider the merits of two appeals of lower court dismissals of alleged pay-for-delay litigation over the drugs Lipitor and Effexor XR, rejecting calls by the pharmaceutical companies involved in the cases to transfer them to the Federal Circuit.

  • April 13, 2017

    Posner Skeptical Of $300M Hospital Monopoly Suit

    Seventh Circuit Judge Richard Posner on Thursday had some tough questions for a Peoria, Illinois, hospital hoping to revive a $300 million antitrust suit against competitor Saint Francis Medical Center, repeatedly asking what was stopping the plaintiffs from winning contracts with insurers the same way Saint Francis had.

  • April 13, 2017

    Purchasers Seek Namenda Litigation Docs In Antitrust Suit

    A proposed class of drug wholesalers accusing an Allergan PLC unit of antitrust violations asked a New York federal judge on Wednesday to force production of documents relating to the drugmaker's alleged attempts to prevent competition from generic versions of the Alzheimer’s treatment Namenda.

  • April 12, 2017

    Battery Antitrust MDL Purchasers Denied Class Cert. For Now

    A California federal judge on Wednesday denied class certification to the purchasers of lithium-ion battery cells who allege price-fixing by electronics manufacturers, but allowed them to amend motions to include more robust expert testimony in support of their certification requests.

  • April 12, 2017

    Farella Braun Atty Tapped To Manage Waymo-Uber Discovery

    The California federal judge overseeing Waymo's trade secrets and patent infringement suit against Uber over self-driving car technology said Wednesday that, less than two months in, the fight has generated so many evidentiary disputes he’s appointing a Farella Braun partner to act as a special master in charge of discovery.

  • April 12, 2017

    Sherwin-Williams Inks Divestiture To Seal $8.9B Valspar Buy

    Sherwin-Williams unveiled plans Wednesday to sell Valspar’s North American industrial wood coatings business to Axalta for $420 million cash, as the Ohio-based retail paint brand looks to assuage antitrust concerns with its planned $8.9 billion takeover of Valspar.

  • April 12, 2017

    US Chamber Urges Judge To Keep Uber Union Suit Alive

    The U.S. Chamber of Commerce told a federal judge Monday that its antitrust challenge to a first-of-its-kind Seattle ordinance allowing drivers for Uber and Lyft to unionize is on solid footing and the city has overblown preemption and standing issues to try and get the suit dumped.

  • April 12, 2017

    New Antitrust Litigation In Q1 Still Down From Highs

    The number of antitrust lawsuits filed in the first quarter of this year increased slightly compared with the previous few quarters, but is still significantly lower than the number of cases filed at the end of 2015, according to a report released Wednesday.

Expert Analysis

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Beware Antitrust Risks In Syndicated Lending

    Joshua Shapiro

    Despite their pro-competitive benefits, syndicated loan arrangements involve communication and collaboration among competitors and thus raise potential antitrust concerns. While U.S. regulators have yet to probe this industry, a recent European Commission statement may portend future regulatory scrutiny in this area, say Joshua Shapiro and Puja Patel of Allen & Overy LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Opinion

    DC Circ. Should Be Wary Of Efficiencies Defense In Anthem

    David Balto

    The children’s book "If You Give a Mouse a Cookie" could easily have been describing merger defendants’ efforts to push antitrust policy toward far more permissive standards in merger defenses. A perfect example of this is found in the Anthem merger case now on appeal at the D.C. Circuit, which will hear oral argument on Friday, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • 2 Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

    Elena Kamenir

    The Federal Trade Commission’s decision in 1-800 Contacts suggests that private settlement agreements reached after petitioning the government through litigation are not immunized under the Noerr-Pennington doctrine. Similarly, the First Circuit’s decision in Amphastar suggests that alleged anti-competitive conduct that occurs prior to government petitioning activity is subject to antitrust scrutiny, say attorneys with Orrick Herri... (continued)