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Competition

  • August 8, 2018

    DOJ Seeks More Info On $4.9B WestRock, KapStone Merger

    An Illinois packaging and paper company has announced that it will hand over unspecified information as part of the U.S. Department of Justice's second request for information on a $4.9 billion buyout by WestRock Co., a deal expected to boost the combined company's product portfolio and extend its geographic reach.

  • August 8, 2018

    Bosch, Others Get Initial OK For $3M Deal In Auto Parts MDL

    A Michigan federal judge has given early approval to a $3.1 million settlement that truck and equipment dealers struck with manufacturers Robert Bosch GmbH and three other companies, which would put to rest dealers' allegations of a wide-ranging conspiracy to hinder competition in the auto parts industry. 

  • August 8, 2018

    DLA Piper Adds Duane Morris Litigator In Miami

    DLA Piper has added a former Duane Morris LLP partner who has experience litigating intellectual property, business contracts, noncompete and construction disputes to its litigation practice group in Miami, according to the firm.

  • August 7, 2018

    9th Circ. Kills Olympic Advertising Antitrust Suit

    The two organizations that put on the U.S. Olympic Trials for track and field athletes do not have to “open the floodgates” for advertisers that wish to sponsor the runners, the Ninth Circuit affirmed Tuesday, shutting down athletic chewing gum maker Run Gum’s antitrust lawsuit.

  • August 7, 2018

    Ahold Delhaize Serves Up Latest Chicken Price-Fixing Suit

    Ahold Delhaize USA Inc., parent company of Peapod, became the latest food retailer to accuse Tyson, Perdue and several other broiler chicken producers of conspiring in a nearly decadelong scheme to fix prices in a suit filed in Illinois federal court on Monday.

  • August 7, 2018

    FTC, Tronox Duel Over Bid To Halt $2.4B Cristal Merger

    Mining and chemical company Tronox Ltd. squared off in D.C. federal court Tuesday against the Federal Trade Commission’s effort to stall its $2.4 billion acquisition of Saudi Arabia-based Cristal, telling a federal judge that the government is unlikely to win an order that would quash the deal.

  • August 7, 2018

    Dealers Slam Car Parts Makers For Stalling Price-Fixing Case

    Saying it’s the latest in pre-trial “gamesmanship” designed to “hamstring” their case, automobile dealerships and end payors suing auto parts makers for alleged price-fixing asked a federal judge in Michigan on Tuesday to reject KYB Corp. and Showa’s attempt to scrap an evidence-sharing timetable.

  • August 7, 2018

    FTC Asks 5th Circ. To Stay Out Of La. Real Estate Board Row

    The Federal Trade Commission on Monday urged the Fifth Circuit to reject a bid by the Louisiana Real Estate Appraisers Board to escape the agency’s challenge of regulations that control appraisal fees, arguing that the appellate court lacks jurisdiction while also reasserting that the board is not immune to antitrust law.

  • August 7, 2018

    King & Spalding Rehires Former Kirkland Securities Partner

    A former Kirkland & Ellis LLP partner who helped negotiate a $190 million settlement for Deutsche Bank AG in litigation over allegedly rigged foreign exchange rates has rejoined King & Spalding LLP in Washington, D.C., the firm said Monday.

  • August 7, 2018

    5 Ways CFIUS Will Change With New Law

    A bill aimed at overhauling the Committee on Foreign Investment in the United States is close to becoming a law, meaning vast changes are on the horizon for the interagency committee and its process for examining foreign direct investment for national security threats. Here, Law360 outlines five ways the proposed legislation would alter CFIUS.

  • August 7, 2018

    Mylan Wants Investors' 'Copycat' EpiPen Claims Dismissed

    Drugmaker Mylan NV on Monday urged a New York federal court to dismiss investors' amended allegations about alleged anti-competitive behavior involving its EpiPen epinephrine autoinjector, saying the bulk of the allegations were simply copied from other complaints.

  • August 7, 2018

    Shuffle Tech Dealt $315M Verdict Over Competitor's Sham Suit

    An Illinois federal judge tripled a jury’s $105 million award to $315 million Tuesday, following the panel’s verdict for Shuffle Tech LLC and three other companies who accused Scientific Games Corp. of initiating sham litigation to assert invalid patents and keep its automatic card-shuffler competition out of the market.

  • August 6, 2018

    2nd Circ. Nixes $371M Antitrust Suit Against Time, Hearst

    The Second Circuit rejected a defunct magazine wholesaler’s attempt to revive its $371 million antitrust suit against magazine publishers including Time and Hearst, finding in a decision made public Monday that there was insufficient evidence that the publishers conspired to put it out of business.

  • August 6, 2018

    Shuffle Tech CEO Not A 'Liar-Loser' But A Victim, Jury Told

    Shuffle Tech LLC’s counsel urged a federal jury Monday not to buy into the idea that its CEO is a “loser and a liar” when it comes to his company, saying he is actually a victim and Scientific Games Corp.'s characterization was “just the arrogance of a monopolist and their attorneys.”

  • August 6, 2018

    Judge Got AT&T-Time Warner Case Wrong, DC Circ. Told

    The U.S. Department of Justice told the D.C. Circuit on Monday that a lower court ignored a fundamental economic model and basic corporate principles when it rejected the agency's effort to block AT&T's now-completed $85.4 billion purchase of Time Warner.

  • August 6, 2018

    Humana Hits Generic-Drug Makers With Price-Fixing Claims

    Insurance giant Humana has slapped a host of generic-drug makers with a sprawling racketeering suit in Pennsylvania federal court alleging they conspired to hike prices on a range of everyday medications from muscle relaxers to antidepressants, resulting in "extraordinary" prices over a four-year period.

  • August 6, 2018

    Deals Rumor Mill: Mattress Firm, SoftBank, Sprint

    Mattress Firm is reportedly considering bankruptcy, SoftBank is mulling a $90 billion value for the domestic wireless unit it plans on listing, and T-Mobile’s $59 billion proposed merger with Sprint is in the early stages of antitrust review.

  • August 6, 2018

    Chamber Says 9th Circ. Shouldn't Redo Uber Union Opinion

    A Ninth Circuit panel was right to find that Seattle’s law letting for-hire drivers, like those from Uber, form quasi-unions is vulnerable to an antitrust challenge, the U.S. Chamber of Commerce said Friday in a brief urging the full court not to rethink a ruling reviving parts of the business group’s suit.

  • August 6, 2018

    FTC Wants More Assets Sold For Praxair Deal, Linde Says

    German gas giant Linde AG announced that the Federal Trade Commission wants the company to sell off additional assets to clear a planned $70 billion merger with Praxair Inc., less than a month after it said it would divest $3.3 billion in North and South American business interests to earn regulators' blessing. 

  • August 6, 2018

    Rising Star: Weil's Jeff White

    Jeff White of Weil Gotshal & Manges LLP has helped companies including Walgreens Boots Alliance navigate complicated merger reviews to find solutions that get multibillion-dollar deals through, earning him a spot among five competition attorneys under 40 honored by Law360 as Rising Stars.

Expert Analysis

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • 5 Global Merger Control Developments You Need To Know

    Jason Cruise

    Merger news from the first half of 2018 reflects a global trend toward alignment of enforcement on the national level and on the regional level, say attorneys with Latham & Watkins LLP.

  • 2 Takeaways From The AT&T-Time Warner Ruling

    Nathaniel Wackman

    A D.C. federal judge's decision last month in United States v. AT&T contains important insights that will be influential well beyond the confines of the now-completed $85 billion merger between AT&T and Time Warner, say Nathaniel Wackman and Lee Van Voorhis of Jenner & Block LLP.

  • Trends In Securities Cases Based On Antitrust Allegations

    Samuel Groner

    Increasingly, a company’s disclosure of the existence of investigations into allegedly anti-competitive conduct has triggered securities class action litigation. But recent court decisions have made clear that plaintiffs must do more than simply allege the existence of an investigation, say Samuel Groner and Andrew Cashmore of Fried Frank Harris Shriver & Jacobson LLP.

  • What The AbbVie Decision Says About Sham Patent Cases

    Leslie John

    The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • New Support For Insureds Facing Government Subpoenas

    Caroline Meneau

    A recent decision from the Northern District of Illinois highlights the continued litigation around the scope of directors and officers liability insurance coverage for government investigations. Astellas v. Starr is a win for policyholders, reasoning that compliance with a government subpoena is essentially mandatory, say Caroline Meneau and Brian Scarbrough of Jenner & Block LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.