Transactions on the edge of being deemed anti-competitive are likely to see a clearer path to approval from U.S. competition watchdogs as the Trump administration settles in, with regulators more willing to mull defenses and consider divestitures and other remedies, experts say.
A German court asked the European Union’s highest court Tuesday to help settle a case in which VG Media and a group of publishers accused Google Inc. of abusing its position to display parts of their articles and content without paying.
United Steelworkers on Monday again asked the Committee on Foreign Investment in the United States to block a Chinese investor’s $2.3 billion bid to acquire aluminum manufacturer Aleris Corp., saying a recent withdrawal and refiling of the deal did nothing to cure its defects.
A Senate panel on Wednesday is expected to consider Makan Delrahim’s nomination to head the U.S. Department of Justice’s antitrust division, and he could face intense questioning over his ties to companies that have some of the most significant cases pending before the government’s competition enforcers.
A Minnesota federal judge ruled in favor of Charter Advanced Services LLC and against a state regulator on Monday, finding that Charter's Voice over Internet Protocol service should be classified as an information service exempt from state regulation.
A Florida federal judge dismissed a large RICO suit against Geico, Liberty Mutual, State Farm and other major auto insurers on Monday, saying there is virtually nothing to support claims that the insurers force repair shops to accept paltry payment rates.
Fans of the Houston Astros, Colorado Rockies and the Pittsburgh Pirates can now stream the games locally, in market with a cable or satellite subscription, AT&T Sports Networks-owned Root Sports regional sports networks said on Monday, under a deal with Major League Baseball Advanced Media.
Cigna Corp. told the Delaware Chancery Court on Monday that an Anthem Inc. bid for a 60-day preliminary injunction on a $54 billion merger termination would lead to an unprecedented freeze on a deal already potentially doomed by Justice Department opposition and an appeals court defeat.
Financial technology firm TrueEX LLC sued interest rate swap trading company MarkitSERV on Monday, accusing it of maintaining a monopoly over the market for trade processing services in efforts to shut out TrueEx as a competitor, according to a complaint filed in New York federal court.
Takeda and four generic-drug manufacturers told a New York federal court Friday to dismiss antitrust claims brought by a proposed class that bought diabetes drug Actos, saying that the purchasers’ most recent changes to their claims are “purely cosmetic” and can’t save the suit.
Massachusetts taxi companies accusing Uber Technologies Inc. of operating illegally in Boston asked a federal judge Friday not to consolidate two additional cases with their antitrust suit for anything other than discovery purposes, saying there would be conflicts of interest among plaintiffs attorneys.
The U.S. Supreme Court should review whether the D.C. Circuit erred in letting the Federal Communications Commission off the hook after the agency ignored its own foreign ownership rules by approving mobile spectrum acquisitions made by Verizon Wireless that allowed an anti-competitive scheme to proceed, a regional telecom provider has argued.
Bayer AG has agreed to sell off its Liberty Link crop protection technology and the associated Liberty agro-chemicals business worldwide to secure clearance of its $66 billion takeover of rival Monsanto in South Africa, the company said Monday.
Bumble Bee Foods LLC will plead guilty to fixing prices for shelf-stable tuna and pay a criminal fine of at least $25 million in the first charges to be filed against a corporation in the U.S. Department of Justice’s ongoing antitrust investigation into the seafood industry, the DOJ said Monday.
A U.S. Department of Justice attorney denied accusations Friday that the government stretched antitrust guidelines, during the close of a 10-day Clayton Act trial in Delaware aimed at blocking a $367 million merger of EnergySolutions Inc. and Waste Control Specialists LLC’s nuclear waste disposal business.
French mass media conglomerate Vivendi and Italian telecommunications company Telecom Italia on Thursday sent to the European Commission proposed fixes to a deal under which Vivendi would take de facto control over the Italian telecom firm, hoping to allay antitrust concerns.
A Hinshaw & Culbertson LLP attorney and his development company client urged a Florida federal judge Friday to sanction an attorney who brought a lawsuit accusing them of benefitting from another company's scheme to rig prices of certain Miami land parcels at a bankruptcy auction, saying he knew the lawsuit’s claims had no factual support. Correction: A previous version of this article incorrectly stated Cronig’s ties to Watson, Watson and Cronig's relationship to the alleged scheme, and JAWHBS' role in the bankruptcy case. The errors have been corrected.
Amphastar Pharmaceuticals Inc. urged a Massachusetts federal court on Thursday not to toss its already revived antitrust suit alleging Momenta Pharmaceuticals Inc. and Sandoz Inc. stifled competition for the generic anticoagulant enoxaparin, saying its adversaries just disagree with the facts.
A California federal judge on Thursday agreed to a request by Visa and MasterCard to move an antitrust lawsuit by retailers over their shift to a new security chip system to New York, saying the claims are sufficiently related to multidistrict litigation taking place there.
In a last-ditch effort to save its troubled $54 billion merger with Cigna Corp., Anthem Inc. on Friday asked the U.S. Supreme Court to review a circuit court ruling siding with the government in its challenge to the deal.
News Corp. has urged the Federal Communications Commission to reconsider a decision that kept in place rules barring companies from owning newspapers and broadcast stations in the same market, saying current media dynamics show the rules no longer “promote the public interest.”
Cynthia Marlette, the Federal Energy Regulatory Commission's general counsel from 2001 to 2005 and from 2007 to 2009, reflects on how she addressed the job's many responsibilities, including advising the commission on laws and enforcement actions, developing policy, seeking consensus among commissioners, and overseeing defense of agency actions in court, as well as dealing with historic events like the California energy crisis.
Though the length of Acting Chairman Maureen Ohlhausen's tenure at the Federal Trade Commission remains unknown, life sciences and technology companies should prepare themselves for the changes that she has signaled regarding "frontier" areas of antitrust law including pay-for-delay and patent holdup, say Lesli Esposito and Brian Boyle of DLA Piper.
What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.
Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.
Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.
Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.
Despite their pro-competitive benefits, syndicated loan arrangements involve communication and collaboration among competitors and thus raise potential antitrust concerns. While U.S. regulators have yet to probe this industry, a recent European Commission statement may portend future regulatory scrutiny in this area, say Joshua Shapiro and Puja Patel of Allen & Overy LLP.
What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)
The children’s book "If You Give a Mouse a Cookie" could easily have been describing merger defendants’ efforts to push antitrust policy toward far more permissive standards in merger defenses. A perfect example of this is found in the Anthem merger case now on appeal at the D.C. Circuit, which will hear oral argument on Friday, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.
The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.