Competition

  • October 10, 2017

    Fox Units Urge Court To Toss Soccer TV Rights Bribery Suit

    A group of 21st Century Fox Inc. units on Monday told a Florida federal judge that a bribery and antitrust lawsuit against them over broadcast rights for South American soccer tournaments should be dismissed thanks to “incurable” defects running rampant in the amended complaint.

  • October 10, 2017

    Dealer Fights Cox Arbitration Bid In Used Car Antitrust Suit

    A bankrupt used car dealership urged a Florida federal court Friday to deny Cox Enterprises Inc.'s motion to compel arbitration or dismiss allegations that the conglomerate monopolized the used car market for financial gain.

  • October 10, 2017

    Allergan Ordered To Prove Tribe Patent Deal Isn’t A ‘Sham’

    Allergan Inc. needs to prove that its controversial transfer of four patents for the dry eye treatment Restasis to the Saint Regis Mohawk Tribe was more than a “sham” before the tribe can be added to infringement litigation against Teva, Mylan and others, a federal judge in Texas said.

  • October 10, 2017

    Qualcomm Offers EU Concessions In Stalled $38B NXP Bid

    Qualcomm Inc. has offered concessions to the European Commission to alleviate the antitrust watchdog’s concerns that its record-breaking $38 billion buyout bid for NXP Semiconductors NV will kill competition in the smartphone and automotive technology markets.

  • October 10, 2017

    Restaurants Sued Over No-Tipping Policy 'Conspiracy'

    New York restaurants, including those operated by Union Square Hospitality Group, and others in the Bay Area have been hit with a proposed class action in California federal court over a no-tipping policy that consumers say is part of a conspiracy to charge them more for their food.

  • October 10, 2017

    What To Know About Post-Closing Merger Challenges

    In a rare move late last month, the U.S. Department of Justice challenged a previously reviewed merger that had already closed, garnering notice from antitrust attorneys and raising questions about when and what companies should disclose to competition authorities. Here Law360 takes a look at the challenge and other post-closing enforcement actions to see what can be learned.

  • October 9, 2017

    EU Antitrust Team Raids Banks For 'Blocking' Fintech Firms

    European Union antitrust officials have raided a series of banks across the bloc following concerns they have blocked access to accounts for financial technology companies, it was revealed late Friday.

  • October 6, 2017

    HSBC FX Exec Said 'I Think We Got Away With It,' Jury Hears

    Jurors in the trial of former HSBC foreign currency exchange executive Mark Johnson on Friday heard nearly 20 recorded phone calls surrounding a $3.5 billion forex deal that prosecutors say defrauded oil and gas developer Cairn Energy PLC, with Johnson saying at one point, “I think we got away with it.”

  • October 6, 2017

    UK Watchdog's Water Tank Cartel Info-Sharing Fine Upheld

    A U.K. competition appeals body on Friday rejected a bid by a steel water tank manufacturer to overturn a £130,000 ($170,000) fine by the U.K. Competition Markets Authority, agreeing with the watchdog that the company’s managing director disclosed sensitive pricing information to members of a price-fixing cartel.

  • October 6, 2017

    Judge Sits Out Discovery Row In MarkitSERV Suit, For Now

    MarkitSERV Ltd. and the financial technology company accusing it of monopolizing the market for interest rate swap trade processing services have been told by a New York federal judge that they should take some more time to work out their discovery dispute over trading data before he’ll intervene.

  • October 6, 2017

    BDS Deregulation Premised On Bad Analysis, 8th Circ. Told

    The Federal Communications Commission’s deregulation of business data services was premised on a faulty competition analysis that “crossed into a world of unsupported speculation,” a handful of consumer lobbying groups recently told the Eighth Circuit.

  • October 6, 2017

    McCaskill Drafts Bill To Block Tribal Immunity In Patent Review

    Sen. Claire McCaskill, D-Mo., piled on to lawmakers’ objections to Allergan PLC’s transfer of patents for dry-eye treatment Restasis to a Native American tribe, releasing a draft bill Thursday aimed at nixing tribal immunity in reviews by the Patent Trial and Appeal Board.

  • October 6, 2017

    $60M Merck Pay-For-Delay Deal, $20M Atty Fees Approved

    A New Jersey federal judge Thursday signed off on a $60 million settlement reached by Merck and Upsher-Smith with a class of direct purchasers who accuse the drug companies of engaging in a pay-for-delay scheme tied to potassium supplements and then granted more than $20 million in attorneys' fees to the class counsel.

  • October 6, 2017

    Medline Says CR Bard Copied Innovative Surgery Kit

    Medical supply giant Medline is suing competitor C.R. Bard over the design of an infection-combating catheterization kit, telling an Illinois federal court in papers filed Thursday that Bard is willfully infringing a patent issued just weeks ago.

  • October 6, 2017

    Massachusetts Judge Consolidates 7 Uber Antitrust Suits

    A Massachusetts federal judge on Thursday consolidated seven antitrust cases brought by nearly 300 Boston-area taxi companies accusing Uber Technologies Inc. of violating city taxi rules and attempting to build a monopoly by running a cheaper, unlicensed taxi service.

  • October 6, 2017

    NCAA Basketball Bribe Case Calls Amateurism Into Question

    College basketball is reeling from criminal corruption charges over schemes involving sports agents and shoe company executives that flout National Collegiate Athletic Association amateurism rules, but some experts say the case raises questions over the efficacy of the amateur system as college basketball has become a billion-dollar business.

  • October 6, 2017

    Attys Argue For 1/3 Slice Of $15M Asacol Deal Pie As Fees

    Attorneys for direct purchasers who recently struck a $15 million deal in a suit accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their drug Asacol urged a Massachusetts federal judge Thursday to hand them almost $5.46 million in fees and expenses, arguing that they are asking for significantly less than the $8.3 million worth of work they did in the case.

  • October 5, 2017

    Expert Tells Of HSBC Trading Frenzy Around $3.5B Forex Deal

    A foreign currency exchange expert on Thursday told a Brooklyn federal jury of how HSBC traders on both sides of the Atlantic swarmed to trade ahead of a $3.5 billion currency trade the bank executed for Cairn Energy PLC, making millions of dollars for the bank to the detriment of the oil and gas developer.

  • October 5, 2017

    Dueling US, EU Tax Claims May Pose Challenge For Amazon

    Amazon in recent days has found itself defending against overlapping tax claims from the European Commission and the U.S. Internal Revenue Service, with no clear path to disputing them if the IRS prevails.

  • October 5, 2017

    Jury To Hear Of Plantronics Email Deletion In $600M Trial

    Heading into an antitrust trial between headset makers Plantronics and Jabra with as much as $600 million at stake, a Delaware judge decided Thursday on the exact instructions a jury must receive regarding the deletion of thousands of emails by a then-Plantronics executive.

Expert Analysis

  • FTC V. Qualcomm: The Balance Between Patents And Antitrust

    Derek Dahlgren

    Qualcomm’s position outside of the court has largely been to defend its licensing practices rather than to deny the Federal Trade Commission's accusations. But the California federal judge's recent order denying the motion to dismiss amounts to agreeing that Qualcomm’s behavior, as alleged by the FTC, would be anti-competitive if true, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Obama's Overlooked Antitrust Legacy

    Kelsey Shannon

    There is an Obama antitrust legacy of aggressive enforcement, particularly on mergers, but this legacy is mostly ignored. The antitrust bar should care about this oversight, says Kelsey Shannon of the Lynn Law Firm.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.