Competition

  • May 11, 2017

    UK Probes £2.2B Wood-Amec Oil Field Services Merger

    The U.K.’s antitrust watchdog on Thursday launched a review of oil field services firm John Wood Group PLC’s proposed £2.23 billion ($2.73 billion) acquisition of rival Amec Foster Wheeler PLC, saying it must investigate whether the deal will restrict competition within the market.

  • May 11, 2017

    Pa. Denied $1.2M In Atty Fees In FTC Hospital Merger Case

    A federal judge Thursday denied Pennsylvania's request for some $1.2 million in attorneys' fees and costs from litigation by the Federal Trade Commission against a now-enjoined merger of two hospitals, saying a Third Circuit opinion shows the state did not substantially prevail in the litigation.

  • May 10, 2017

    Trump Claims Presidential Immunity In DC Wine Bar Suit

    President Donald Trump told a D.C. federal court on Wednesday that an unfair competition suit brought by a wine bar located near his luxury hotel should be dismissed on the grounds of presidential immunity, saying the suit wrongfully seeks to hold him liable for acts that have occurred while serving in his official role. 

  • May 10, 2017

    Novartis Says Gleevec Antitrust Suit Should Remain Paused

    End payors accusing Novartis Pharmaceuticals of violating antitrust laws by filing an invalid patent for leukemia drug Gleevec and starting sham litigation over it shouldn’t get to try to lift a stay on fact-finding, the company told a Massachusetts federal court Wednesday.

  • May 10, 2017

    Watson Seeks Quick Win In Suit Over FTC Litigation Powers

    Watson Laboratories Inc. asked a Pennsylvania federal court Tuesday to rule that the Federal Trade Commission doesn't have the authority to sue the drugmaker for past alleged pay-for-delay settlements that are no longer in force.

  • May 10, 2017

    EU Antitrust Chief Says Watchdogs Must Back Free Trade

    The head of the European Union’s antitrust watchdog told a conference of global competition authorities on Wednesday that they need to work together and share notes as they try to restore the public’s trust in a globalized economy.

  • May 10, 2017

    Verizon Says FCC Must Recognize Wireless Competition

    Wireless giant Verizon said in a blog post Tuesday that the Federal Communications Commission should “get back to reality” and find that the wireless market is competitive, blasting the previous FCC policy decisions based on its refusal to recognize abundant competition.

  • May 10, 2017

    EU Hones Antitrust Enforcement Approach On E-Retailers

    The European Union’s antitrust watchdog said Wednesday it will go after the most serious abuses committed by online sellers that harm competition and impede cross-border sales after the completion of a two-year investigation into the internet retail sector.

  • May 10, 2017

    Over-The-Counter Investors Seek Cert. In Libor-Rigging MDL

    Yale University, the mayor of Baltimore and other entities asked a New York federal court Wednesday for class certification in multidistrict litigation alleging big banks conspired to rig the London Interbank Offered Rate, saying they share common claims with other over-the-counter investors.

  • May 10, 2017

    Ex-DOJ Antitrust Head Baer To Rejoin Arnold & Porter

    William J. Baer, former head of the U.S. Department of Justice’s Antitrust Division under the Obama administration, will rejoin Arnold & Porter Kaye Scholer LLP as a partner beginning in June, the firm said Wednesday.

  • May 10, 2017

    Mylan’s 3rd Circ. Doryx Loss A Hurdle To Product-Hop Suits

    Mylan won’t appeal an adverse Third Circuit ruling in an antitrust suit over acne treatment Doryx — and though the decision does not preclude product-hopping claims, it could make it harder for them to succeed, such as in the Suboxone case brought by more than 40 states in the same circuit.

  • May 10, 2017

    DOJ Antitrust Nominee Vows Focus On International Arena

    Makan Delrahim, President Donald Trump’s nominee to head the U.S. Department of Justice’s antitrust division, said Wednesday that if confirmed, he would like to address international antitrust enforcement, citing perceptions of protectionism and discrimination against U.S. companies by foreign authorities.

  • May 10, 2017

    SFO Wins Landmark Privilege Ruling To Access Internal Docs

    The Serious Fraud Office can force an international mining firm under criminal investigation for corruption and bribery to hand over documents including forensic accounting data produced during an internal investigation, London’s High Court ruled in a landmark decision on legal privilege.

  • May 9, 2017

    Crowell Tells Businesses To Take Lead On Regulatory Agenda

    Businesses must engage with the White House and Congress now if they want to influence the new regulatory agenda in Washington, D.C., instead of waiting for the government to propose and articulate new policy goals, according to a Tuesday publication from Crowell & Moring LLP.

  • May 9, 2017

    Top 3 Groups Lobbying The FCC

    Comments have already begun to pour in on the Federal Communications Commission's draft plan to reverse course on net neutrality, but the big players are mostly holding off for now and weighing in on issues such as regulatory barriers to next-generation wireless, privacy and spectrum sharing. Here are the top three groups that filed ex partes with the FCC over the last month.

  • May 9, 2017

    Schumer Backs Consumer Advocate For Empty FTC Post

    U.S. Senate Democratic leader Chuck Schumer on Tuesday recommended to President Donald Trump that Consumer Federation of America Senior Fellow Rohit Chopra be tapped to serve as a Federal Trade Commission commissioner.

  • May 9, 2017

    Deals Rumor Mill: SoftBank, Broadcom, Atlantia

    SoftBank could announce a closing on a technology fund worth up to $95 billion as soon as next week, Broadcom's $5.9 billion acquisition of Brocade will earn European regulatory approval, and Italian infrastructure company Atlantia is set to make an offer to takeover Spanish road operator Abertis within days.

  • May 9, 2017

    EU High Court Asked To Weigh In On Publishers' Google Suit

    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.

  • May 9, 2017

    Steelworkers Union Doubles Down On Aleris Deal Opposition

    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.

  • May 9, 2017

    DOJ Antitrust Pick Faces Multiple Conflicts Of Interest

    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.

Expert Analysis

  • Beware Antitrust Risks In Syndicated Lending

    Joshua Shapiro

    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.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    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)

  • Opinion

    DC Circ. Should Be Wary Of Efficiencies Defense In Anthem

    David Balto

    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.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    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.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • 2 Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

    Elena Kamenir

    The Federal Trade Commission’s decision in 1-800 Contacts suggests that private settlement agreements reached after petitioning the government through litigation are not immunized under the Noerr-Pennington doctrine. Similarly, the First Circuit’s decision in Amphastar suggests that alleged anti-competitive conduct that occurs prior to government petitioning activity is subject to antitrust scrutiny, say attorneys with Orrick Herri... (continued)

  • Series

    My Strangest Day In Court: Hitting A Curveball

    Nicholas E. Chimicles

    As a trial lawyer, you make instantaneous decisions in courtrooms all the time, but that day was different. I had to balance my advocate’s concern for the class of investors I represented against the empathy I felt for a fellow human being’s tragic loss, says Nicholas Chimicles of Chimicles & Tikellis LLP.

  • Rare Appellate Ruling On Indirect Purchaser Class Action

    Stefan M. Meisner

    The Third Circuit's recent ruling in Class 8 Transmission Indirect Purchaser Antitrust Litigation — agreeing with the district court’s denial of class certification — gives insights into the intricate legal and economic issues that indirect purchaser plaintiffs and defendants must grapple with when litigating the class certification issue, say Stefan Meisner and Ashley McMahon of McDermott Will & Emery LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.