Competition

  • April 17, 2017

    Labour Demands Public Inquiry Of BOE Libor Rigging Claims

    The British government should open a public inquiry into benchmark rate manipulation in the wake of reports tying the Bank of England to the long-running rate-rigging scandal, the U.K.'s shadow Treasury chief told his counterpart Sunday.

  • April 17, 2017

    Consumer Groups Tell FCC To Rethink Biz Data Rules

    A range of public interest and consumer advocates have blasted a Federal Communications Commission plan for new regulation in the market for business data services, pressing the agency to reconsider rules premised on competition the record shows does not exist, according to a Friday filing.

  • April 17, 2017

    FTC Looks To Streamline Info Requests To Cut Costs To Biz

    The Federal Trade Commission said Monday that it is working to streamline information requests during investigations, a move intended to reduce strain on businesses facing probes related to consumer protection and antitrust matters amid broader efforts to cut unnecessary regulations.

  • April 17, 2017

    Google Settles Android Dominance Abuse Claims With Russia

    Google Inc. has agreed to no longer restrict the preinstallation of applications on smartphones running its Android operating system sold in Russia to settle allegations that it abused its dominance in the marketplace, the country’s antitrust regulator said Monday.

  • April 17, 2017

    Rep. Urges FCC To Keep Limits On TV Station Ownership

    A Democratic congresswoman from California has urged the Federal Communications Commission not to make it easier for UHF station owners to gain market share, cautioning that a lack of media ownership diversity does not serve the public during a rise in "fake news."

  • April 17, 2017

    High Court Skips Appeal Over Solar Co.'s $950M Antitrust Suit

    The U.S. Supreme Court on Monday declined to hear a bankrupt solar panel producer’s bid to revive its $950 million antitrust suit against three Chinese solar panel companies.

  • April 17, 2017

    Justices Decline Paper-Industry Antitrust Certification Appeal

    The U.S. Supreme Court refused Monday to review certification for a class of containerboard buyers who say several paper-industry giants colluded to overcharge them, leaving in place a circuit split over whether courts can assume there is harm throughout an antitrust class.

  • April 17, 2017

    Tesla Wants Lobbying Info In Direct Auto Sales Fight

    Tesla Inc. on Friday said there’s no reason to keep it from seeing information about lobbying efforts by three Michigan auto dealers who plan to testify in support of a ban on manufacturers selling vehicles directly to consumers — a ban Tesla sees as creating an unconstitutional monopoly.

  • April 17, 2017

    Seattle Claims Immunity From Uber Union Law Antitrust Suit

    The city of Seattle has told a Washington federal court it is shielded from an antitrust lawsuit by the U.S. Chamber of Commerce challenging an ordinance giving for-hire drivers using ride-referral services such as Uber and Lyft the right to unionize and has asked that the claims be dismissed.

  • 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.

Expert Analysis

  • 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)

  • Series

    My Strangest Day In Court: Hitting A Curveball

    Nicholas E. Chimicles

    As a trial lawyer, you make instantaneous decisions in courtrooms all the time, but that day was different. I had to balance my advocate’s concern for the class of investors I represented against the empathy I felt for a fellow human being’s tragic loss, says Nicholas Chimicles of Chimicles & Tikellis LLP.

  • Rare Appellate Ruling On Indirect Purchaser Class Action

    Stefan M. Meisner

    The Third Circuit's recent ruling in Class 8 Transmission Indirect Purchaser Antitrust Litigation — agreeing with the district court’s denial of class certification — gives insights into the intricate legal and economic issues that indirect purchaser plaintiffs and defendants must grapple with when litigating the class certification issue, say Stefan Meisner and Ashley McMahon of McDermott Will & Emery LLP.