Competition

  • October 11, 2017

    Buchanan Ingersoll Hires Kirkland Pharmaceuticals Litigator

    Buchanan Ingersoll & Rooney PC has expanded its litigation practice with the addition of a litigator from Kirkland & Ellis LLP whose past work includes “bet the company” cases involving the Deepwater Horizon oil spill and automakers’ alleged use of so-called defeat devices.

  • October 11, 2017

    Rail Shippers Denied Cert. In Fuel Surcharge Antitrust Row

    A group of rail shippers lost their bid for class certification in long-running multidistrict litigation accusing railroad giants of conspiring to fix fuel surcharges after a D.C. federal judge ruled Tuesday that there were still some individualized issues and the plaintiffs’ model for calculating damages was flawed.

  • October 10, 2017

    Jabra Calls 'Facts' Biased For Upcoming $600M Trial

    A Delaware federal judge Tuesday ordered a hearing in an upcoming antitrust trial between headset maker Jabra and rival Plantronics with as much as $600 million at stake, after the companies dueled over evidence that the court has said can be admitted.

  • October 10, 2017

    'Pre-Hedging' Is Standard Practice, HSBC Forex Jury Hears

    The former head of foreign exchange trading for Deutsche Bank told the New York federal jury weighing the criminal case against an ex-HSBC executive Tuesday that “pre-hedging,” or making some of a large currency purchase in advance, is a standard practice that can be beneficial to the buyer because it keeps the price down.

  • October 10, 2017

    Supreme Court Won't Hear Ex-Worker's Antitrust Appeal

    The U.S. Supreme Court on Tuesday refused to hear an appeal of an Eleventh Circuit ruling that a restaurant linens salesman didn’t have standing to file an antitrust suit alleging his former employer conspired to shut his new company out of the market and got him fired.

  • October 10, 2017

    Antitrust Pro Leaves DLA Piper To Open Boutique’s NY Office

    Antitrust powerhouse Steve Levitsky, formerly of DLA Piper, is leaving the firm to run boutique firm Bona Law PC’s New York City office in an effort to provide antitrust expertise without the BigLaw price tag, he told Law360 on Tuesday.

  • October 10, 2017

    S. Africa Targets Soccer Agents For Price-Fixing

    South Africa's competition watchdog said Tuesday an investigation has found that an industry group for sports agents is colluding to fix the commissions its members receive, after it first looked into price-fixing allegations against the nation's soccer association.

  • October 10, 2017

    Report Finds Merger Reviews Taking Longer In 2017

    A quarterly report from Dechert LLP released Monday found that major merger investigations by the U.S. Department of Justice and Federal Trade Commission are down 25 percent so far this year, and are taking 20 percent longer.

  • October 10, 2017

    Bridgestone To Pay $29.6M To End Price-Fixing Suit

    Bridgestone has agreed to pay $29.6 million to settle price-fixing allegations in multidistrict litigation claiming the auto company colluded with other companies to rig the market for certain rubber vehicle components, according to a proposed settlement filed in Michigan federal court Monday.

  • October 10, 2017

    Fox Units Urge Court To Toss Soccer TV Rights Bribery Suit

    A group of 21st Century Fox Inc. units on Monday told a Florida federal judge that a bribery and antitrust lawsuit against them over broadcast rights for South American soccer tournaments should be dismissed thanks to “incurable” defects running rampant in the amended complaint.

  • October 10, 2017

    Dealer Fights Cox Arbitration Bid In Used Car Antitrust Suit

    A bankrupt used car dealership urged a Florida federal court Friday to deny Cox Enterprises Inc.'s motion to compel arbitration or dismiss allegations that the conglomerate monopolized the used car market for financial gain.

  • October 10, 2017

    Allergan Ordered To Prove Tribe Patent Deal Isn’t A ‘Sham’

    Allergan Inc. needs to prove that its controversial transfer of four patents for the dry eye treatment Restasis to the Saint Regis Mohawk Tribe was more than a “sham” before the tribe can be added to infringement litigation against Teva, Mylan and others, a federal judge in Texas said.

  • October 10, 2017

    Qualcomm Offers EU Concessions In Stalled $38B NXP Bid

    Qualcomm Inc. has offered concessions to the European Commission to alleviate the antitrust watchdog’s concerns that its record-breaking $38 billion buyout bid for NXP Semiconductors NV will kill competition in the smartphone and automotive technology markets.

  • October 10, 2017

    Restaurants Sued Over No-Tipping Policy 'Conspiracy'

    New York restaurants, including those operated by Union Square Hospitality Group, and others in the Bay Area have been hit with a proposed class action in California federal court over a no-tipping policy that consumers say is part of a conspiracy to charge them more for their food.

  • October 10, 2017

    What To Know About Post-Closing Merger Challenges

    In a rare move late last month, the U.S. Department of Justice challenged a previously reviewed merger that had already closed, garnering notice from antitrust attorneys and raising questions about when and what companies should disclose to competition authorities. Here Law360 takes a look at the challenge and other post-closing enforcement actions to see what can be learned.

  • October 9, 2017

    EU Antitrust Team Raids Banks For 'Blocking' Fintech Firms

    European Union antitrust officials have raided a series of banks across the bloc following concerns they have blocked access to accounts for financial technology companies, it was revealed late Friday.

  • October 6, 2017

    HSBC FX Exec Said 'I Think We Got Away With It,' Jury Hears

    Jurors in the trial of former HSBC foreign currency exchange executive Mark Johnson on Friday heard nearly 20 recorded phone calls surrounding a $3.5 billion forex deal that prosecutors say defrauded oil and gas developer Cairn Energy PLC, with Johnson saying at one point, “I think we got away with it.”

  • October 6, 2017

    UK Watchdog's Water Tank Cartel Info-Sharing Fine Upheld

    A U.K. competition appeals body on Friday rejected a bid by a steel water tank manufacturer to overturn a £130,000 ($170,000) fine by the U.K. Competition Markets Authority, agreeing with the watchdog that the company’s managing director disclosed sensitive pricing information to members of a price-fixing cartel.

  • October 6, 2017

    Judge Sits Out Discovery Row In MarkitSERV Suit, For Now

    MarkitSERV Ltd. and the financial technology company accusing it of monopolizing the market for interest rate swap trade processing services have been told by a New York federal judge that they should take some more time to work out their discovery dispute over trading data before he’ll intervene.

  • October 6, 2017

    BDS Deregulation Premised On Bad Analysis, 8th Circ. Told

    The Federal Communications Commission’s deregulation of business data services was premised on a faulty competition analysis that “crossed into a world of unsupported speculation,” a handful of consumer lobbying groups recently told the Eighth Circuit.

Expert Analysis

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Uncertainty Remains For Pharma Product Hopping Liability

    Benjamin Lajoie

    One year after the Third Circuit's decision in Mylan, case law generally affirms that while there is no clear silver bullet, the existence of a “hard switch,” an impending “patent cliff,” and a tightly defined market definition are important considerations to the success of a pharmaceutical product hopping claim under federal antitrust law, say Benjamin Lajoie of Bailey & Glasser LLP and Lauren Barnes of Hagens Berman Sobol Shapiro LLP.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • When A Firm Is 'Failing': CentraCare Vs. Energy Solutions

    Lisl Dunlop

    Very few merging firms have been successful in invoking the "failing firm" defense before the federal antitrust agencies. Two recent cases — one in health care and one in the waste disposal industry — provide insights into using the defense in practice, say Lisl Dunlop and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Why Private Companies Shouldn’t Overlook D&O Insurance

    Sarah Katz Downey

    Although they may not have the shareholder base that public companies do, private companies have owners, investors and other stakeholders — and their directors and officers could be targeted in a variety of lawsuits based on management actions, say specialists with Marsh LLC and attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • FTC V. Qualcomm: The Balance Between Patents And Antitrust

    Derek Dahlgren

    Qualcomm’s position outside of the court has largely been to defend its licensing practices rather than to deny the Federal Trade Commission's accusations. But the California federal judge's recent order denying the motion to dismiss amounts to agreeing that Qualcomm’s behavior, as alleged by the FTC, would be anti-competitive if true, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.