Competition

  • April 11, 2018

    UK Taps Ex-Politician For CMA Role As It Reviews Law

    Andrew Tyrie, a former British lawmaker who led investigations of the banking sector, was named as the next chairman of the country's antitrust watchdog Wednesday. The government also called for a review of competition enforcement powers and laid out proposals designed to help consumers, including making it easier for them to move their data from business to business.

  • April 11, 2018

    BT Antitrust Suit Against MasterCard Stayed Amid Appeals

    The Competition Appeal Tribunal has agreed to stay a claim brought by BT and other telecommunications firms against MasterCard Inc. and its international and European arms over interchange fees, as it waits for appeal decisions in similar litigation cases.

  • April 10, 2018

    LegalZoom Can Arbitrate IP Firm's Ad, Competition Claims

    LegalZoom.com won its bid to push into arbitration trademark law firm LegalForce RAPC Worldwide PC’s claims the legal resource website is falsely advertising its services and letting nonlawyers do legal work when a California federal judge found Tuesday the law firm had agreed to arbitrate during its investigation into LegalZoom’s website.

  • April 10, 2018

    9th Circ. Judge Rips Indirect Buyers’ $577M CRT Settlement

    A Ninth Circuit judge on Tuesday criticized lead counsel for indirect buyers of cathode ray tubes who secured a $576.8 million bundle of antitrust settlements with tech giants like Philips, Panasonic and LG, saying it’s a “problem” that they secured the nationwide deals without looking out for people in Massachusetts, New Hampshire and Missouri.

  • April 10, 2018

    Pay-TV ‘Sticks Together,’ DOJ Says In AT&T-Time Warner Row

    The U.S. Department of Justice recalled AT&T’s chief content officer to the stand Tuesday in D.C. federal court to confront him with another damaging communication against the AT&T-Time Warner merger, this time in which he discussed pay-TV distributors banding together against a content provider.

  • April 10, 2018

    Another Auto Software Co. Files Antitrust Suit Against CDK

    A car dealership software vendor sued CDK Global Inc. in Illinois federal court Monday, joining a growing list of competitors and dealers that say CDK and another large rival, The Reynolds and Reynolds Co., conspired to block competitors from the market and strip dealerships of control of their own data.

  • April 10, 2018

    DOJ Fails To Appeal 2nd Circ.'s Compelled Testimony Ruling

    The U.S. Department of Justice did not meet a Friday deadline to ask the U.S. Supreme Court to review a Second Circuit decision dismissing the convictions of two former Rabobank traders over constitutional concerns stemming from the use of testimony compelled overseas.

  • April 10, 2018

    DOJ Seeks UK Banking Group Testimony In Libor-Rigging Suit

    Prosecutors on Monday sought to get a last-minute interview with a former British banking group official in a case against two ex-Deutsche Bank traders accused of rigging the London Interbank Offered Rate after a Manhattan federal judge suggested the case may hinge on such evidence.

  • April 10, 2018

    CFIUS Casts Wider Net, With Eye On Consumer Data Access

    Amid an environment increasingly hostile to foreign involvement in the U.S. economy, the Committee on Foreign Investment in the United States has been broadening its view of what constitutes a national security concern severe enough to block a deal, paying special attention to Chinese acquirers and access to consumer data.

  • April 10, 2018

    Taxi Cos. Cry Foul On Uber's Bid To Toss Antitrust Suit

    Hundreds of Boston-area taxi companies late Monday hit back against a bid by Uber Technologies Inc. to escape an antitrust suit, arguing they have done enough to show the ride-hailing service has unfairly priced its service in an effort to wipe out competition from traditional taxis.

  • April 9, 2018

    NCAA Wants Athlete's Pay Cap Antitrust Trial Pushed To 2019

    The National Collegiate Athletic Association asked a California federal court on Friday to postpone a December trial over whether its restrictions on student-athlete compensation are anti-competitive, saying a key defense attorney has scheduling conflicts.

  • April 9, 2018

    Boston Ignored 'Duck Tour' License Applications, Suit Says

    A businessman who’s been trying for 15 years to enter the “duck tour" industry has sued the Boston police commissioner and a lieutenant for allegedly ignoring his application for a sightseeing license needed to guide tourists through the city’s streets and waterways with amphibious vehicles.

  • April 9, 2018

    NY Cracking Down On Local Cartels With Criminal Charges

    The New York State Attorney General’s antitrust chief, Beau Buffier, told Law360 his team is bringing criminal bid-rigging and price-fixing cases in an effort to fill a local void left by federal enforcers, as his office announced a settlement and conviction in a case involving upstate trash collectors on Monday.

  • April 9, 2018

    AT&T Doesn’t Want To ‘Cannibalize’ Satellite TV, DOJ Says

    AT&T may be expanding into online live television, but the U.S. Department of Justice put an executive from its DirecTV subsidiary on the stand Monday to show that after a merger with Time Warner, the combined company could use its newly acquired online leverage to protect its satellite service and eliminate competition from internet-delivered programming.

  • April 9, 2018

    Coachella Owner Faces Antitrust Suit Over Artist Controls

    The owner of Coachella was hit with a lawsuit in Oregon federal court on Monday claiming the California mega-festival employs anti-competitive practices, such as barring artists from performing at other musical events within approximately 1,300 miles in the months surrounding the spring happening.

  • April 9, 2018

    Deals Rumor Mill: Bayer, Viacom, Haidilao

    Bayer won U.S. Department of Justice approval to buy Monsanto, Viacom wants $2.8 billion more to merge with CBS, and Chinese hotpot chain Sichuan Haidilao Catering wants to raise at least $600 million in a Hong Kong public listing.

  • April 9, 2018

    Jones Day Nabs Former GE Counsel For Competition Practice

    A former General Electric global executive counsel for competition law and policy has joined Jones Day as a partner in the firm’s antitrust and competition law practice, the firm announced recently.

  • April 9, 2018

    Monster Rival’s Antitrust Suit 'Defective': 9th Circ. Judge

    A Ninth Circuit panel on Monday appeared skeptical of reviving an energy drink company’s antitrust lawsuit claiming Monster Energy Co. bullies military resale outlets into keeping rivals off store shelves, with one judge saying that the complaint is defective since it fails to specify Monster’s share of the market.

  • April 9, 2018

    11th Circ. Will Rethink Body Shops' Win In Antitrust Case

    The full Eleventh Circuit will rehear a panel decision reviving lawsuits by auto body shops that say State Farm and other insurers conspire to manipulate car repair costs, the panel announced Friday.

  • April 9, 2018

    1st Euribor-Rigging Trial Gets Underway In London

    The trial of five traders accused of rigging Euribor began in London on Monday in the latest chapter of the Serious Fraud Office’s long-running investigation into the manipulation of the interest rate benchmarks used to price trillions of dollars of securities.

Expert Analysis

  • Rebuttal

    In Defense Of The Antitrust Rule Of Reason

    William Kolasky

    A Law360 guest article this week overlooked the great strides made by the appellate courts over the last four decades in developing a sound analytical framework for applying the rule of reason, says William Kolasky, co-chairman of Hughes Hubbard & Reed LLP's antitrust practice.

  • Is The Antitrust Rule Of Reason Reasonable?

    Randy Gordon

    Most of the commentary surrounding the U.S. Supreme Court American Express case has focused on the standards and analysis to be applied in so-called “two-sided market” cases. But those questions are merely symptoms of a greater malady — the “rule of reason” analysis that has come to govern most antitrust cases, says Randy Gordon of Crowe & Dunlevy.

  • An Economic Analysis Of Proposed AT&T-Time Warner Merger

    Scott Wallsten

    The AT&T-Time Warner merger debate is different from most large mergers only in that politics have entered the discussion in a way that has happened rarely in the past. Despite President Trump's disapproval, the proposed transaction is a textbook vertical merger and should be evaluated as such, says economist Scott Wallsten of the Technology Policy Institute.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • How The CFIUS Calculus Continues To Change

    Stephen Heifetz

    For many years, the Committee on Foreign Investment in the United States has been guided by the “risk delta” — the increase in risk that may result from a transaction determines what CFIUS action is warranted. However, the risk delta analysis is only loosely tethered to law, and the concept has evolved substantially in the last year, say Stephen Heifetz and Joshua Gruenspecht of Wilson Sonsini Goodrich & Rosati PC.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Using The Purchase Funnel To Analyze Consumer Behavior

    Nikita Piankov

    In many lawsuits, questions of impact and damages turn on whether the defendant’s conduct caused consumers to buy more or fewer of a product than they would otherwise. A better understanding of the consumer decision process can be derived using what economists call the "purchase funnel," say Nikita Piankov of Analysis Group and Catherine Tucker of the MIT Sloan School of Management.

  • Antitrust Questions Posed By The Justices In AmEx Case

    Steven Levitsky

    Ohio v. American Express is an important U.S. Supreme Court case that could decide the standard by which complex, “two-sided market” antitrust claims will be litigated. At oral argument on Monday, Justice Neil Gorsuch was the most aggressive questioner and strongly supported affirming the Second Circuit, says Steven Levitsky of Bona Law PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • The Volkswagen Scandal: Catalyst For Class Action Change?

    Noah Wortman

    The sheer scale and global nature of the Volkswagen diesel emissions scandal has led to discussions about how such high-volume consumer cases are handled, with some commentators suggesting that the case represents a turning point in how class action litigation is viewed and handled, particularly in Europe, say Noah Wortman, global head of class action services at Goal Group, and attorneys with Hausfeld LLP.