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Competition

  • October 1, 2018

    DOJ Clears $23B UTC, Rockwell Deal With Divestitures

    The U.S. Department of Justice cleared United Technologies Corp.'s $23 billion cash and stock bid to buy fellow aerospace equipment supplier Rockwell Collins Inc., noting in an announcement Monday that its blessing is conditional on UTC getting rid of businesses related to aircraft ice protection and stabilization systems.

  • October 1, 2018

    Apple's Stand On FRAND Claims Disingenuous: Qualcomm

    Qualcomm has urged a California federal judge to reject Apple’s efforts to pare back counterclaims in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, blasting Apple for bringing accusations of shirked patent-licensing obligations only to claim Qualcomm cannot pursue the reverse.

  • October 1, 2018

    Data Center Operator Can't Nix Rival's Antitrust Suit: Judge

    A Nevada federal court has refused to toss a suit accusing data center operator Switch Ltd. of using anticompetitive tactics to squeeze out rivals and cement its dominance over certain services in Las Vegas.

  • October 1, 2018

    Justices Refuse To Hear Antitrust Claims Against Uber

    The U.S. Supreme Court on Monday refused to hear an appeal of the Philadelphia Taxi Association's case accusing Uber Technologies Inc. of anti-competitive pricing and alleging its drivers don't comply with the regulations imposed on taxis by the Philadelphia Parking Authority.

  • October 1, 2018

    Gov't To Argue At High Court In Apple App Store Case

    The U.S. Supreme Court on Monday approved the federal government's request to appear during oral arguments supporting Apple as the technology giant tries to toss a proposed class action claiming it illegally monopolized the iPhone app market, driving up consumer prices.

  • October 1, 2018

    Justices Pass On Decadeslong Radio License Transfer Fight

    The U.S. Supreme Court on Monday chose not to hear a California broadcaster’s decadeslong challenge to block a license transfer, leaving in place a D.C. Circuit decision that upholds a sales agreement between the broadcaster and Entercom.

  • October 1, 2018

    Electronics Makers Want Juice Cut On Price-Fix Suit

    A group of electronics makers including Panasonic asked a California federal court on Friday to pull the plug on an antitrust suit accusing them of creating a cartel to stabilize prices of electrical inductors, saying the suit is based on speculation.

  • October 1, 2018

    Investors File Consolidated Claims In VIX Manipulation MDL

    Investors suing in multidistrict litigation over alleged manipulation of Cboe Global Markets Inc.'s volatility index filed a consolidated complaint in Illinois federal court Friday that incorporates theories outlined in more than a dozen earlier individual complaints.

  • October 1, 2018

    Theater Monopoly Suit Proceeds, But Parent Co. Escapes

    The show will go on for several small cinemas that accuse a national theater chain of monopolizing independent films and strangling their business, but the chain's corporate owner will get out of the case, a D.C. federal judge ruled Friday.

  • October 1, 2018

    UBS, RBS Duck Claims Of Conspiracy Against Swaps Platform

    UBS Group AG and The Royal Bank of Scotland Group PLC successfully avoided a class action that accused them and 10 other banks of boycotting a firm’s interest rate swaps platform, when a New York federal judge on Friday dismissed them from the suit on jurisdictional grounds.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 28, 2018

    Foul With Routine Witness Trips Up Deutsche Libor Trial

    The government’s Libor-rigging case against two former Deutsche Bank traders has suffered setbacks in recent days, after a routine witness put on to authenticate documents admitted signing an untrue declaration, which led to harsh words from a federal judge to prosecutors and the exclusion of a swath of trading data from coming into the case.

  • September 28, 2018

    ITC Judge Turns Down Qualcomm Bid For IPhone Import Ban

    An International Trade Commission judge found Friday that public interest factors weigh against Qualcomm's request to halt the import of the latest generation of iPhones over patent infringement allegations.

  • September 28, 2018

    Walgreens, Kroger Have No Right To Sue Over Remicade: J&J

    Johnson & Johnson urged a Pennsylvania federal judge Friday to toss a lawsuit from pharmacy giants Walgreens and Kroger accusing the drug company of compelling insurers not to cover biosimilar versions of the blockbuster immunosuppressant Remicade, arguing they can't participate in the closely watched antitrust fight.

  • September 28, 2018

    Top Telecoms Must Open Networks, Dutch Watchdog Says

    VodafoneZiggo and KPN, two Dutch telecom companies, must open up their networks to other providers as a way to encourage more competition in the telecom market and so that consumers have access to more services, the Dutch’s competition watchdog said Friday.

  • September 28, 2018

    EU Approves Hungary's €45M In State Aid To Chemical Co.

    The European Commission found Friday that Hungary’s €45 million ($52 million) investment aid to a Hungarian chemical company was in accordance with the European Union’s state aid rules and would have a positive effect on regional development and on the EU’s environmental objectives.

  • September 28, 2018

    Feds Urge DC Circ. Not To Touch Amtrak Metrics Ruling

    The federal government told the D.C. Circuit on Friday there's no need to review a split panel's July decision reinstating a federal statute allowing Amtrak to help set performance and scheduling standards along the nation's railways, saying any due process concerns were sufficiently resolved.

  • September 28, 2018

    Cellphone Buyers Win Class Cert. In Qualcomm Chip Row

    A California federal judge certified a class of cellphone buyers, estimated to be numbered in the hundreds of millions, who allegedly paid overages stemming from Qualcomm’s anti-competitive licensing practices.

  • September 28, 2018

    Media Group Asks If Trump Attacks Sparked AT&T Merger Suit

    A journalists’ advocacy group asked the D.C. Circuit on Thursday to consider possible evidence that the Trump White House tried to push the government’s fight against this year’s mega-merger of AT&T and Time Warner out of animosity toward the press.

  • September 28, 2018

    Civil Rights Telecom Groups Take On FCC Incubator Program

    A pair of civil rights telecommunications groups filed a D.C. Circuit petition Thursday challenging the new Federal Communications Commission program framework allowing established radio broadcasters to obtain a break on media ownership rules in exchange for shepherding a new or struggling station.

Expert Analysis

  • An Update, Not A Transformation, Of CFIUS Review Process

    Scott Flicker

    The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Japan's Balanced Approach To SEP Licensing

    David Kappos

    The Japan Patent Office's new guide to licensing for standard-essential patents maintains an admirable neutrality in tone, language and substance, making it an effective reference tool for all sides in SEP licensing, says David Kappos, a partner at Cravath Swaine & Moore LLP and former director of the U.S. Patent and Trademark Office.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • When Antitrust Conspiracy Cases Merit Summary Judgment

    George Gordon

    The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.