Competition

  • March 14, 2017

    FCC’s Dem Pushes 5G, Expanded Broadband Access

    The Federal Communications Commission’s lone remaining Democrat said in a speech Monday that she’s willing to negotiate when formulating policy but will not compromise her principles, pressing for progress on 5G, universal service reform and efforts to add diverse media voices.

  • March 14, 2017

    Consumer Goods Cos. Get OK For $250M In News Corp. Deal

    A Manhattan judge signed off Monday on the payout of $250 million for a settlement a class of major consumer goods makers inked with News Corp. over its alleged monopolization of in-store advertising.

  • March 14, 2017

    Russia Finds Apple Illegally Fixed Prices On IPhones

    Russia’s antitrust regulator on Tuesday said Apple Inc.’s Russian subsidiary was guilty of a scheme to fix prices on several models of iPhones sold at retail stores in the country beginning in 2015.

  • March 14, 2017

    Forced Charter Overbuild Threatens Investment, FCC Told

    A group of small companies pushed the Federal Communications Commission on Tuesday to toss a Charter-Time Warner Cable merger requirement forcing Charter to extend service to some customers with existing access to another provider, warning that the rule will undermine deployment.

  • March 14, 2017

    Brazil Accuses Toshiba, Others Of Fixing CRT Prices

    The investigative arm of Brazil’s antitrust watchdog accused four companies and an individual of participating in a cartel for the manufacture and sale of a certain type of cathode ray tube on Monday, sending the case against Toshiba Corp. and others to its tribunal arm in a bid for fines.

  • March 14, 2017

    10th Circ. Affirms Suture Co. Loss In $200M Antitrust Suit

    The Tenth Circuit on Tuesday upheld a win by two national medical supply companies in a $200 million lawsuit by Suture Express alleging they illegally offered bundled discounts on sutures to stifle competition, saying Suture Express could not prove they were a dominant force in the market.

  • March 14, 2017

    Philips, Pioneer To Settle Optical Disk Drive MDL For $50.5M

    Electronics companies Pioneer and Philips will pay a combined $50.5 million in the latest settlement with consumers in a long-running multidistrict litigation alleging an industrywide price-fixing scheme over optical disk drives, according to documents filed in California court on Monday.

  • March 14, 2017

    FTC Fights Impax Bid For Fees In Pay-For-Delay Case

    The Federal Trade Commission has argued it cannot be placed on the hook for legal fees and litigation costs after voluntarily dismissing a pay-for-delay suit in Pennsylvania federal court against Impax Laboratories and others over generic versions of an extended-release opioid.

  • March 14, 2017

    Ex-Barclays Boss Tells Jury He Had 'No Idea' About Libor Rig

    The former co-head of Barclays PLC’s investment banking division told a London jury on Tuesday that he had “no idea” before 2012 that traders working under him were making improper requests to influence a key interest rate benchmark, despite their emails being under surveillance by the firm’s compliance department.

  • March 14, 2017

    Reciprocity In CFIUS Reviews Might Hit Chinese Deals Hardest

    There appears to be growing momentum behind the notion that the Committee on Foreign Investment in the United States should incorporate investment reciprocity into its national security reviews of inbound transactions, a policy shift that would weigh the heaviest on Chinese buyers if enacted.

  • March 14, 2017

    Klobuchar Calls For More Aggressive Merger Enforcement

    Senate Democrats’ top lawmaker on antitrust matters called on federal antitrust regulators Monday to step up their merger enforcement efforts and said she would introduce legislation to subject deals to increased scrutiny.

  • March 14, 2017

    Lawmakers Clear UK Gov't To Start Formal Brexit Talks

    British Parliament late Monday cleared the final hurdle for Britain's government to formally launch talks to leave the European Union, amid growing unease that future Brexit negotiations may not produce a deal giving U.K. banks and businesses free access to the EU single market.

  • March 13, 2017

    Veeva Countersuit Alleges IMS Monopoly Over Data Products

    Veeva Systems Inc. lodged a countersuit Monday against Quintiles IMS Inc. in New Jersey federal court alleging anticompetitive conduct over the offering of software products to life sciences companies, the same day it sought partial dismissal of IMS’ suit alleging Veeva misappropriated health care data trade secrets.

  • March 13, 2017

    Pharma Cos. Seek To Toss Blood Pressure Drug Antitrust Suit

    Mylan, Teva Pharmaceuticals and other generic-drug manufacturers on Friday slammed antitrust claims brought by drug buyers in New York federal court over an alleged conspiracy to jack up the price of generic blood pressure medication propranolol, arguing that the buyers haven’t plausibly shown there was a price-fixing conspiracy.

  • March 13, 2017

    Israeli Exec Pleads Guilty To DOJ Foreign Aid Fraud Charges

    A former executive of an Israel-based defense contractor pled guilty to several fraud charges in Connecticut federal court on Monday after prosecutors accused him of carrying out several schemes to defraud a U.S. foreign aid program, the DOJ announced on Monday.

  • March 13, 2017

    Feds Ask DC Circ. To Keep Anthem-Cigna Merger Blocked

    The U.S. Department of Justice urged the D.C. Circuit on Monday to uphold a decision blocking the proposed $54 billion Anthem-Cigna merger, arguing Anthem's claim the deal would save $2.4 billion in medical costs cannot be substantiated.

  • March 13, 2017

    Generic Skin Cream Buyers Fight Price-Fixing Row Dismissal

    Purchasers of generic medicated skin creams on Friday fought back against drugmakers’ anticipated attempts to dismiss four consolidated antitrust suits in New York federal court over alleged price-fixing, arguing that they’d done more than enough to show the plausibility of a conspiracy.

  • March 13, 2017

    Banks Ask 2nd Circ. To Keep ERISA Forex-Rigging Suit Dead

    Banks that were accused by thousands of retirees of violating the Employee Retirement Income Security Act after it was revealed that they manipulated key foreign exchange rates asked the Second Circuit on Friday not to resuscitate the would-be class action, saying the lower court had correctly concluded that the banks weren’t responsible for the retirement plans under that law.

  • March 13, 2017

    Retailers Seek Class Cert. In Card Chip Antitrust Suit

    A group of retailers has asked a California federal court to certify a class in a lawsuit alleging Visa, Mastercard, American Express and Discover conspired to unlawfully shift fraud liability to merchants, despite complications in switching to a new security chip system.

  • March 13, 2017

    Nixed $7.3B Antitrust Deal Unimpeachable, High Court Hears

    Retailers who support a scuttled $7.25 billion class action antitrust settlement with Visa and MasterCard over interchange fees have asked the U.S. Supreme Court to reject arguments that the Second Circuit decision vacating the deal should be left alone, saying the agreement’s importance cannot be refuted.

Expert Analysis

  • FERC Could See Substantial Changes Under President Trump

    John Estes.jpg

    The Federal Energy Regulatory Commission oversees electric utilities and gas pipelines that account for about 4 percent of the U.S. gross national product. So the impact of FERC policy shifts can be significant. Under the Trump administration, FERC could revisit its stances on market manipulation, net metering and other key issues, say John Estes III and Timothy Mastrogiacomo of Skadden Arps Slate Meagher & Flom LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Antitrust: A New Line Of Attack Against Pipelines

    David L. Wochner

    The Sierra Club’s recent filings with federal regulatory agencies asserting that two natural gas pipeline projects violate antitrust law are novel, and we believe they face substantial obstacles under established antitrust law, say attorneys with K&L Gates LLP.

  • In Congress: CRA Disapprovals, Sub-Cabinet, Mnuchin

    Hertling_Richard_Covington.jpg

    House Joint Resolution 43 is likely to draw the most public attention of the five Congressional Review Act disapproval resolutions in the House this week, given the political sensitivity of abortion and family-planning services. Across the Capitol, a vote is expected on the nomination of Steven Mnuchin to serve as Secretary of the Treasury. Richard Hertling and Kaitlyn McClure of Covington & Burling LLP review the full calendar.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Demystifying International Extradition

    Amy Jeffress

    There were many high-profile news stories in 2016 about individuals fighting extradition to or from the United States. Given the complexity and sensitivity of the issues involved, extradition is time-consuming, often taking years. The process by which the U.S. evaluates hundreds of extradition requests each year may be unfamiliar to many practitioners, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Key Takeaways From FTC Merger Remedy Study

    Michael B. Bernstein

    Last week, the Federal Trade Commission released its first study on merger remedies in over 16 years. While the FTC views its overall approach as working well, the study also suggested that changes should be made and identified a number of best practices that FTC staff recommends, some of which are new, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • Discovery Rule Is Better Accrual Standard For Antitrust Claims

    Michael Christian

    Most courts consider the injury rule as the “general rule” of accrual in antitrust cases. But the discovery rule is beginning to gain some traction in district courts, and is the law in the Seventh Circuit. It has two major advantages over the injury rule — fairness and consistency, say Michael Christian and Eric Buetzow of Zelle LLP.