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Competition

  • June 13, 2018

    AT&T-Time Warner Ruling Paves Way For Industry Overhaul

    The telecommunications and media space is poised for an overhaul now that a D.C. federal judge has approved AT&T’s $85.4 billion Time Warner buy, with the ruling squashing doubt about the vertical merger’s effect on competition after a challenge by the U.S. Department of Justice.

  • June 13, 2018

    Travelers, Becton Strike Settlement In $167M Coverage Row

    Travelers Casualty and Surety Co. and Becton Dickinson and Co. told a New Jersey federal court on Wednesday that they have reached a settlement in a dispute over defense costs and $167 million in settlement payments in antitrust class actions.

  • June 13, 2018

    Ford Asks 6th Circ. To OK Toss Of Ex-Patent Atty’s Suit

    Ford Motor Co. asked the Sixth Circuit on Tuesday to reject a bid by a former patent lawyer for the company to revive her claims that the automaker was conspiring to stop her from finding another job, saying that her “unfitness as an employee” — not a conspiracy — is at the root of her troubles.

  • June 13, 2018

    BCBS Can Appeal Ruling That Limits Antitrust MDL Defense

    An Alabama federal judge Tuesday gave his blessing to a bid by Blue Cross Blue Shield plans facing a multidistrict antitrust suit for an immediate appeal of a ruling that bars the health insurer from arguing there were pro-competitive benefits from alleged collaboration between the plans.

  • June 13, 2018

    Davis Polk, Wachtell Guide Comcast In $65B Cash Bid For Fox Assets

    Comcast Corp., guided by Davis Polk & Wardwell LLP and Wachtell Lipton Rosen & Katz, on Wednesday lobbed a $65.03 billion cash offer for the assets 21st Century Fox agreed to sell to California-based Walt Disney Co. last year, posing a challenge to the Walt Disney deal the day after another major vertical media merger secured antitrust approval.

  • June 13, 2018

    At SFO Trial Defense Claims Euribor Rig Was Honest Mistake

    A former Barclays PLC trader accused of illegally manipulating a key interest rate benchmark made an honest mistake when he asked colleagues to submit rates that would benefit the bank, his lawyer told a jury at a London crown court during closing arguments Wednesday.

  • June 12, 2018

    Cotton Cos. Urge Court To Confirm $9M Arbitration Award

    Two U.S. cotton companies doubled down on their request that a California federal judge confirm an $8.9 million arbitration award against an Indian yarn spinner that unsuccessfully lodged competition claims against the pair, saying Monday that the foreign company’s opposition holds no water.

  • June 12, 2018

    Humana Ordered To Turn Over Docs In EpiPen Antitrust MDL

    A Kansas federal judge on Monday ordered Humana Inc. to hand over within three weeks documents related to a multidistrict litigation accusing drugmaker Mylan NV of antitrust violations related to a surge in the price of its allergy treatment device, the EpiPen.

  • June 12, 2018

    UK Worries Towbar Co.'s €169M Merger Will Harm Competition

    The U.K.’s competition enforcer said Tuesday it has concerns tow truck and trailer equipment maker Horizon Global Corp.’s planned €169 million ($198.9 million) purchase of the Brink Group from its private equity backer would leave too few competitors in the supply of towbars to large car manufacturers.

  • June 12, 2018

    Antitrust Chief Defends Sticking To Consumer Welfare Focus

    Shortly before a D.C. federal judge cleared AT&T’s $85 billion merger with Time Warner, the U.S. Department of Justice’s top antitrust official on Tuesday said in Washington, D.C., that consumer welfare will continue to be the cornerstone of DOJ antitrust enforcement, rejecting calls to expand the Antitrust Division’s goals to include concerns over democratic market structures or other social benefits.

  • June 12, 2018

    La. Real Estate Board Asks 5th Circ. For Stay On FTC Trial

    The Louisiana Real Estate Appraisers Board has urged the Fifth Circuit to pause a Federal Trade Commission administrative trial challenging board regulations that control appraisal fees, arguing the appeals court should first decide on its immunity from federal antitrust laws to prevent “distraction” of state officials.

  • June 12, 2018

    Cisco Loses Bid For Immediate Appeal On Antitrust Immunity

    A California federal judge has refused to send the question of whether Cisco should be shielded from Arista's antitrust suit over Ethernet switches to the Ninth Circuit, saying the ruling denying the technology company's bid for Noerr-Pennington immunity didn't merit an immediate appeal.

  • June 12, 2018

    AT&T, Time Warner Merger Cleared, DOJ Warned Against Stay

    AT&T can complete its $85 billion purchase of Time Warner in a major transformation of the pay-TV landscape, a D.C. federal judge ruled Tuesday, rejecting U.S. Department of Justice efforts to block the merger and warning that blocking it pending appeal would be an “injustice.”

  • June 12, 2018

    Attys Want $47M From $166M Lidoderm Pay-For-Delay Deal

    Attorneys for the direct purchasers of the Lidoderm pain patch urged a California federal judge to approve more than $47 million in attorneys' fees and reimbursements out of a $166 million settlement with pharmaceutical companies Teikoku, Endo and Actavis.

  • June 12, 2018

    Kaepernick Looks To Up The Ante, Pull Trump Into Grievance

    NFL quarterback Colin Kaepernick, who started a wave of player national anthem protests, is expected to try to compel U.S. President Donald Trump to testify in an ongoing labor grievance, a move some experts said strategically looks to turn the president's politicization of the issue to Kaepernick's advantage.

  • June 12, 2018

    EU Deepens Probe Into T-Mobile's €190M Dutch Tele2 Deal

    Europe's antitrust regulator has opened an in-depth investigation into T-Mobile’s planned €190 million ($228 million) purchase of Swedish telecommunications giant Tele2 AB’s Dutch operations, Tele2 Netherlands, saying Tuesday it's concerned the deal could lead to higher prices, reduced choice and less innovation.

  • June 12, 2018

    Ex-Barclays Trader Key Player In Euribor Fix, Jury Told

    It is “blindingly obvious” that two former senior traders at Barclays PLC and Deutsche Bank AG were the main players in a "conspiracy" to game the financial system by rigging Euribor to benefit their trading positions, a prosecutor for the Serious Fraud Office told a London jury Tuesday.

  • June 11, 2018

    JPML Won't Combine Suits Against Alleged Chicken Cartel

    The Judicial Panel on Multidistrict Litigation has rejected a group of farmers’ request to combine two lawsuits accusing major chicken companies of operating a cartel to suppress the price of broiler chickens in Oklahoma federal court, saying centralization is unnecessary because a “minimal number of actions are involved.”

  • June 11, 2018

    Marine Chemical Co. CEO Says Merger Won't Raise Prices

    A senior executive for the Norwegian marine chemical supplier looking to buy its New Jersey rival defended the proposed merger, under challenge by the Federal Trade Commission, in D.C. federal court Monday by denying any plans to raise prices and arguing the FTC has defined the market all wrong.

  • June 11, 2018

    Deals Rumor Mill: TPG, Stryker, Fortum

    TPG reportedly wants $1.5 billion for a fund aimed at betting on technology companies putting off going public, Stryker Corp. offered to take over Boston Scientific, and the European Commision is set to approve Fortum’s bid to buy a 46.65 percent stake in Uniper

Expert Analysis

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Antitrust Concerns About Big Data May Be Overblown

    Paul Eckles

    The antitrust world has begun to take notice of the ever-growing amount of data being shared across networks and devices, resulting in calls for new laws and increased enforcement efforts. However, existing antitrust principles — when correctly applied — are sufficient to police a firm’s purported misuse of big data, say Paul Eckles and Luke Taeschler of Skadden Arps Slate Meagher & Flom LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Time For M&A Parties To Take Gun-Jumping Rules Seriously

    Tobias Caspary

    The European Commission last week imposed a €124.5 million ($152.3 million) fine on Altice, which dwarfs previous gun-jumping fines by any other antitrust authority worldwide. While the rules on gun jumping may not yet be clear, what is already evident is the increasing focus of European and other regulators on procedural misdemeanors, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Don’t Sleep On The Dormant Commerce Clause

    Stephen McConnell

    The Fourth Circuit recently held that a Maryland statute, which prohibited drugmakers and distributors from charging an "unconscionable" price even on sales that occurred outside the state, was a violation of the dormant commerce clause. We cannot read this case without daydreaming about how its logic might apply to other cases, says Stephen McConnell of Reed Smith LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Insurers A Little Bluer After BCBS Antitrust Decision

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    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • Antitrust Damages Analysis Can Respect International Comity

    Pian Chen

    A controversial issue argued Tuesday before the U.S. Supreme Court was whether the Second Circuit should have given complete deference to a declaration that price-fixing by two vitamin C manufacturers was required by Chinese law. When a foreign government’s regulation is exempt, measuring damages attributable only to the cartel respects international comity while also recognizing how foreign cartels can harm U.S. customers, say members of Monument Economics Group.