Competition

  • April 11, 2018

    Delrahim Separates DOJ's IP Advocacy From Antitrust Action

    U.S. Department of Justice antitrust chief Makan Delrahim on Wednesday continued to press his worry that patent holders could be victims of antitrust violations — not just perpetrators as they are often accused of being — but he also tried to quell concerns that his earlier statements on patent issues signaled a big change in federal efforts to combat patent abuses.

  • April 11, 2018

    FTC Won't Toss La. Real Estate Board Fee Case

    The Federal Trade Commission refused on Tuesday to throw out an antitrust enforcement action against the Louisiana Real Estate Appraisers Board over its recent regulation controlling appraisal fees, ruling that the state does not have enough involvement with the regulation to shield the board with immunity under the so-called state action doctrine.

  • April 11, 2018

    EU Raids Cos. Amid Sports Media Rights Antitrust Probe

    The European Commission confirmed that it had raided facilities owned by sports media rights companies in various countries Tuesday over concerns that they may be violating European Union antitrust rules against cartels and restrictive business practices.

  • April 11, 2018

    McSweeny Says FTC Needs New Powers To Tackle Privacy

    The Federal Trade Commission’s Terrell McSweeny called Wednesday for the watchdog to get new resources and authority, including the power to impose fines and make new rules, to go after privacy violations, saying the agency’s competition powers generally couldn’t reach those kinds of issues.

  • April 11, 2018

    DOJ To Continue Focus On Standard Setting, No-Poach

    The U.S. Department of Justice is continuing to advocate for an enforcement focus on licensees of standard essential patents, is working to improve the effectiveness of consent orders and is also pursuing additional agreements between companies not to compete for employees, agency leadership told antitrust lawyers Wednesday.

  • April 11, 2018

    Chinese Antitrust Enforcers Gear Up For Impending Merger

    China’s antitrust authorities are preparing for the country’s plan to combine the trio into a single new agency and trying to keep the change from affecting their work, as the first phase of the merger is little more than a week away, officials said Wednesday.

  • April 11, 2018

    Credit Suisse Has Edge On Cert. In Forex Case, Judge Says

    Manhattan U.S. District Judge Lorna G. Schofield on Wednesday said that Credit Suisse AG, the lone holdout in an action brought by currency exchange customers who say big banks rigged foreign exchange rates, has a good chance to beat a planned class certification motion.

  • April 11, 2018

    Macquarie, KKR $100M Auction-Rigging Claims Advance

    A New York state judge ruled that a real estate investor could move forward with its allegations that investment bank Macquarie conspired with asset manager KKR & Co. LP to rig an auction for apartment buildings worth $100 million, rejecting efforts to dismiss the case at a contentious hearing Wednesday.

  • April 11, 2018

    EU OKs Bayer’s Divestiture To BASF In $62B Monsanto Deal

    The European Commission said Wednesday it has approved Bayer AG’s request to sell its seed, pesticide and agricultural technology assets to competitor BASF SE to allay antitrust concerns over its proposed $62 billion acquisition of agrochemical company Monsanto Co.

  • April 11, 2018

    Prosecutors Say Ex-Traders Gamed System With Euribor Rig

    Five former Barclays PLC and Deutsche Bank AG traders gamed the financial system to rip off counterparties that did business with them in a conspiracy to rig an interest rate benchmark used to price trillions of dollars of securities, prosecutors for Britain’s Serious Fraud Office told a London court on Wednesday.

  • 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.

Expert Analysis

  • 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.

  • Could AI Take Over Standard Development Organizations?

    Ray Alderman

    The use of artificial intelligence in the existing technical standards development process might raise certain procedural, operational and legal questions in the future, say Ray Alderman of VITA and David Newman of Gould & Ratner LLP.

  • Opinion

    4 Ways New Chairman Can Create An Innovation-Friendly FTC

    Daniel Castro

    The Federal Trade Commission's incoming leaders will have an opportunity to solidify the FTC’s reputation as both a strong consumer advocate and a champion for innovation. To this end, there are several principles that should guide Chairman Joseph Simons when he takes the helm, say Daniel Castro and Alan McQuinn of the Information Technology and Innovation Foundation.

  • How To Deal With New Vertical Merger Enforcement Risks

    Jon Dubrow

    Recent announcements by senior antitrust officials at the U.S. Department of Justice suggest that merging parties in vertical transactions will face an increased burden in convincing the DOJ to settle. With a heavy skepticism toward behavioral remedies, the DOJ will act more like a cop than a parole officer, say attorneys with McDermott Will & Emery LLP.

  • Disfavored Retailers Turn Up Volume On Robinson-Patman

    Morgan Nickerson

    While repeal of the Robinson-Patman Act has been requested for decades and government enforcement has been virtually nonexistent, a recent spate of private litigation highlights the legal risk associated with volume-based pricing strategies, say attorneys with K&L Gates LLP.

  • Was Heir-Tracker Antitrust Indictment A Hair Too Late?

    Robert Connolly

    A Utah federal judge who dismissed the indictment against heir-locator Kemp & Associates as time-barred was grasping at straws to avoid application of the payments theory, say former federal prosecutors Robert Connolly and Karen Sharp.