Competition

  • June 8, 2017

    FTC Fights Watson's Bid To Block Lidoderm Antitrust Suit

    The Federal Trade Commission renewed its opposition Wednesday to Watson Laboratories’ bid for a ruling that the agency lacks the authority to pursue a pay-for-delay suit against it over pain relief patch Lidoderm, telling a Pennsylvania federal court that the drugmaker’s legal interpretation would keep the FTC from challenging assorted large-scale frauds.

  • June 8, 2017

    Energy Cos. Dodge Oil Price Manipulation Suits

    A New York federal judge on Thursday nixed multidistrict litigation complaints by derivatives traders and landowners alleging a slew of energy companies manipulated the price of North Sea Brent crude oil and Brent crude futures, saying they haven't sufficiently linked the activity to any alleged economic harm they suffered.

  • June 8, 2017

    Landowners Fight Gas Cos. Royalty Suit Arbitration Request

    A group of Marcellus Shale landowners asked a Pennsylvania federal court on Wednesday to deny requests by Chesapeake Energy Corp., Anadarko Energy and others to force individual arbitration in a series of lawsuits alleging that the companies engaged in a monopolistic scheme to improperly deduct royalty payments.

  • June 8, 2017

    SanDisk Class Buyers Want Antitrust Suit Revived

    Flash memory card direct purchasers urged the Federal Circuit in oral arguments Thursday to revive their antitrust class action accusing SanDisk Corp. of fraudulently hoarding patents in order to monopolize the memory card market, arguing a lower court wrongly disregarded an executive branch invalidity finding.

  • June 8, 2017

    Senate Panel Approves DOJ Antitrust Pick Makan Delrahim

    The Senate Judiciary Committee on Thursday voted overwhelmingly in favor of the nomination of Makan Delrahim, President Donald Trump's pick to be the assistant attorney general in charge of the U.S. Department of Justice's Antitrust Division.

  • June 8, 2017

    Pret, Nando's Among Massive New Swipe Fee Claimant Group

    More than 85 retailers and companies have been named in new claims filed in the U.K. against Visa Europe Ltd. and MasterCard Inc., according to the court register, in a set of commercial cases that will add to the legal woes the credit card companies already face over interchange fees.

  • June 7, 2017

    Texas Affirms Denial Of NextEra's $12.2B Oncor Acquisition

    The Public Utility Commission of Texas on Wednesday stood by its recent decision to reject NextEra Energy Inc.'s $12.2 billion plan to purchase Oncor Electricity Delivery, the state’s largest utility, saying the proposed transaction was not in the public interest.

  • June 7, 2017

    Texas Assistant AG To Join Uber's In-House Antitrust Team

    A Texas assistant attorney general who took a leading role in the blockbuster e-book price-fixing case against Apple is set to leave the state prosecutor Friday to join embattled ride-hailing giant Uber as senior litigation counsel for antitrust and competition matters.

  • June 7, 2017

    Trump Says Wine Bar Can’t Delay Dismissal Hurdle

    President Donald Trump told a D.C. federal court Wednesday that a wine bar can’t delay a decision on his bid to toss an unfair competition case in order to determine which venue has jurisdiction to hear it in the first place, arguing the absolute immunity granting presidents protection from liability ensures cases can’t drag on and become a distraction.

  • June 7, 2017

    Consumer Groups Weigh In On $100B InBev, SABMiller Deal

    A pair of consumer advocacy groups on Tuesday asked a District of Columbia federal judge to allow them to weigh in on the $100 billion acquisition of SABMiller by Anheuser-Busch InBev as they seek increased scrutiny of the antitrust fixes required to complete the deal.

  • June 7, 2017

    Glassmaker Gets Damages For Delayed EU Cartel Fine Appeal

    A European Union court on Wednesday ordered the bloc to pay some €655,000 ($738,000) in damages to a glass manufacturer for an unreasonable delay in the company’s appeal of price-fixing fines that continued for nearly five years before the court issued a ruling.

  • June 7, 2017

    Mylan, Others Rigged Generic Drug Prices, Suits Say

    Drugmakers have unlawfully colluded to prevent competition for a generic numbing ointment as well as treatments for gallbladder stones, seizures and eczema, consequently inflating prices paid by direct purchasers, according to four separate antitrust suits filed Tuesday as part of multidistrict litigation in Pennsylvania federal court.

  • June 7, 2017

    Sessions Stops 3rd-Party Donation Settlements

    Attorney General Jeff Sessions on Wednesday issued a memo prohibiting U.S. attorneys' offices from requiring defendants to make donations to unrelated third parties as a condition of settlements in federal cases.

  • June 7, 2017

    La. Not Immune From Flonase Class Settlement, Says GSK

    Louisiana can’t exercise sovereign immunity to escape the bounds of a settlement reached between GlaxoSmithKline and a class of purchasers over allegations the company delayed generic competition for Flonase nasal spray, because that argument is only available to defendants, the pharmaceutical company told the Third Circuit Wednesday.

  • June 7, 2017

    Airlines Can't Turn Around Price-Fixing Loss At 9th Circ.

    The Ninth Circuit on Tuesday said it would not reconsider an April ruling saying that three Asian airlines were not immune from a putative class action alleging they colluded to fix the prices of certain fares and fuel surcharges on transpacific flights.

  • June 7, 2017

    Barclays, UBS, HSBC Agree To $36M Settlement In Libor Suit

    Barclays Bank PLC, UBS AG and HSBC Bank PLC have agreed to pay into a $36.1 million fund to settle a putative class of bondholders’ claims that the banks conspired to manipulate the London Interbank Offered Rate, according to proposed settlements filed in New York federal court on Wednesday.

  • June 7, 2017

    Plaintiffs Bar Perspective: Motley Rice's Donald Migliori

    Wait for the overzealous defense lawyer to sell a fact that is easily disproven. That’s how you get a jury to stop listening to the defense of the case, says Donald Migliori of Motley Rice LLC.

  • June 6, 2017

    Animators' Anti-Poach Attys Get $13.8M Of $31.5M Fee Bid

    A California federal judge cut Disney and DreamWorks animators’ $31.5 million attorneys’ fees request on $150 million in antitrust settlements down to just $13.8 million, saying Monday the request was too high and that they’d already gotten nearly $5 million in fees from an earlier approved deal.

  • June 6, 2017

    Fintech Co. Seeks Court-Ordered Access To Swap Servicer

    Counsel for financial technology firm TrueEX LLC sought court-ordered access Tuesday to the interest rate swap trading network of MarkitSERV while an antitrust lawsuit between the pair plays out, saying TrueEX's business has been threatened by MarkitSERV’s desire to maintain its monopoly status.

  • June 6, 2017

    Senate Dems Seek Hearing On Sinclair-Tribune Deal

    Eight Senate Democrats on Monday asked the chairmen of the Senate Commerce and Judiciary committees to conduct hearings on the proposed Tribune-Sinclair merger and on a Federal Communications Commission media ownership rule change helping make way for the deal.

Expert Analysis

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Increasing Focus On Info Exchanges Among Competitors

    Phillip Johnson

    Sharing sensitive nonpublic information can have adverse effects on competition. Indeed, recent activity in private and public antitrust enforcement shows growing concern with competitors’ coordinated actions and information sharing, say Phillip Johnson and Niyati Ahuja of Econ One Research Inc.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • Best Practices For Managing Data In Antitrust Cases

    George Korenko

    In antitrust litigation, economic experts rely on transactional sales data to study class certification issues, assess liability and calculate economic damages. Collecting these data, understanding how to interpret them and assembling them into a structure amenable to expert analysis requires careful thought and planning, say George Korenko and Matthew Milner of Edgeworth Economics LLC.

  • The Challenges For CEA Price Manipulation Plaintiffs

    Mark Young

    The recent contrasting outcomes of the regulatory and private actions against Total Gas illustrate at least one significant difference between public and private price manipulation enforcement under the Commodity Exchange Act — private plaintiffs have a difficult, and sometimes insurmountable, hurdle to overcome, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Uber: The Turning Of The Tide

    Thomas Dickerson

    Uber Technologies may have reached the end of its worldwide efforts to dominate transportation markets with its popular ride-hailing app. Although Uber has met opposition in the past in both the marketplace and in court, particularly in California, new developments in China and in New York City may be bringing Uber’s nearly unstoppable advance to a halt, says Thomas Dickerson of Herzfeld & Rubin PC.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.