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Competition

  • October 2, 2018

    In-House Review Is Root Of Sinclair-Tribune Woes: O’Rielly

    Commissioner Michael O’Rielly on Tuesday dished heavy criticism upon the Federal Communications Commission’s in-house review process for mergers, which he said is plagued by loopholes that allow proceedings like Sinclair-Tribune to languish and too often cause merging parties to abandon their deals.

  • October 2, 2018

    Wolters Kluwer Accused Of Dominating Medical Journals

    Wolters Kluwer Health Inc. was hit with an antitrust lawsuit Tuesday in California federal court that alleges the publisher monopolizes the market for health science periodicals.

  • October 2, 2018

    Court Can Decide Dental Suit Arbitration Bid, Justices Told

    The U.S. Supreme Court should affirm that a court has the authority to determine whether an antitrust suit involving two dental equipment companies must be arbitrated or litigated, even if the underlying contract incorporated rules delegating such questions to an arbitrator, a Columbia law school professor has argued in an amicus brief.

  • October 2, 2018

    Judge Scolds JPMorgan, Traders For 'Excessive' Redactions

    A New York federal judge has ordered both sides in a $25 million competition suit against JPMorgan Chase & Co. to refile their motions over what evidence to allow at trial without the “extremely excessive” redactions, saying that by his estimation, up to 90 percent of the redacted information should not have been concealed.

  • October 2, 2018

    Baker Donelson DQ'd In BCBS Antitrust Row Against Ex-Client

    Baker Donelson Bearman Caldwell & Berkowitz PC can’t represent a Blue Cross Blue Shield unit against antitrust claims lodged by United Allergy Services, as it had represented the latter in related allegations years before, a Louisiana federal judge ruled Tuesday.

  • October 2, 2018

    FTC Clears $2.8 Billion Casino Merger

    The Federal Trade Commission has agreed to greenlight a multibillion-dollar merger between casino operators Penn National Gaming Inc. and Pinnacle Entertainment Inc. contingent on their divestiture of casino properties near St. Louis; Kansas City, Missouri; and Cincinnati.

  • October 2, 2018

    AmEx Won’t Challenge 2-Sided Market In Card-Steering Row

    Multidistrict litigation accusing American Express of keeping competitors at bay by not letting merchants steer customers toward other cards appeared bound for trial after the charge card giant told a New York federal judge Monday it has decided not to challenge one of the possible markets identified by retailers.

  • October 2, 2018

    Kraft Wheat Buys Hurt Hundreds Of Investors, Court Told

    A group of investors asked an Illinois federal judge Monday to certify a class in their suit alleging that Kraft Foods Inc. and a snack-food spinoff hurt commodity traders by manipulating wheat prices in 2011.

  • October 2, 2018

    Consumers Seek Sanctions For Mylan In EpiPen Pricing Suit

    A potential class of consumers has asked a Kansas federal judge to sanction Mylan NV for allegedly interfering with discovery and withholding documents and emails that consumers are seeking in an antitrust suit alleging the pharmaceutical company drove up the price of emergency allergy treatment EpiPen.

  • October 2, 2018

    Attys In ISDAfix Antitrust Suit Request $151M In Fees

    Attorneys for a group of investors have asked a New York federal court for $151 million in fees for their work in an antitrust lawsuit brought by their clients alleging that a group of financial firms manipulated global swaps and options benchmark ISDAfix.

  • October 2, 2018

    SFO Won't Appeal Landmark ENRC Legal Privilege Ruling

    Britain’s Serious Fraud Office said Tuesday it will not challenge a landmark appellate ruling that found legal privilege protected advice a law firm gave mining giant ENRC before it faced a corruption investigation by the white-collar crime agency.

  • October 1, 2018

    DOJ Clears $23B UTC, Rockwell Deal With Divestitures

    The U.S. Department of Justice cleared United Technologies Corp.'s $23 billion cash and stock bid to buy fellow aerospace equipment supplier Rockwell Collins Inc., noting in an announcement Monday that its blessing is conditional on UTC getting rid of businesses related to aircraft ice protection and stabilization systems.

  • October 1, 2018

    Apple's Stand On FRAND Claims Disingenuous: Qualcomm

    Qualcomm has urged a California federal judge to reject Apple’s efforts to pare back counterclaims in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, blasting Apple for bringing accusations of shirked patent-licensing obligations only to claim Qualcomm cannot pursue the reverse.

  • October 1, 2018

    Data Center Operator Can't Nix Rival's Antitrust Suit: Judge

    A Nevada federal court has refused to toss a suit accusing data center operator Switch Ltd. of using anticompetitive tactics to squeeze out rivals and cement its dominance over certain services in Las Vegas.

  • October 1, 2018

    Justices Refuse To Hear Antitrust Claims Against Uber

    The U.S. Supreme Court on Monday refused to hear an appeal of the Philadelphia Taxi Association's case accusing Uber Technologies Inc. of anti-competitive pricing and alleging its drivers don't comply with the regulations imposed on taxis by the Philadelphia Parking Authority.

  • October 1, 2018

    Gov't To Argue At High Court In Apple App Store Case

    The U.S. Supreme Court on Monday approved the federal government's request to appear during oral arguments supporting Apple as the technology giant tries to toss a proposed class action claiming it illegally monopolized the iPhone app market, driving up consumer prices.

  • October 1, 2018

    Justices Pass On Decadeslong Radio License Transfer Fight

    The U.S. Supreme Court on Monday chose not to hear a California broadcaster’s decadeslong challenge to block a license transfer, leaving in place a D.C. Circuit decision that upholds a sales agreement between the broadcaster and Entercom.

  • October 1, 2018

    Electronics Makers Want Juice Cut On Price-Fix Suit

    A group of electronics makers including Panasonic asked a California federal court on Friday to pull the plug on an antitrust suit accusing them of creating a cartel to stabilize prices of electrical inductors, saying the suit is based on speculation.

  • October 1, 2018

    Investors File Consolidated Claims In VIX Manipulation MDL

    Investors suing in multidistrict litigation over alleged manipulation of Cboe Global Markets Inc.'s volatility index filed a consolidated complaint in Illinois federal court Friday that incorporates theories outlined in more than a dozen earlier individual complaints.

  • October 1, 2018

    Theater Monopoly Suit Proceeds, But Parent Co. Escapes

    The show will go on for several small cinemas that accuse a national theater chain of monopolizing independent films and strangling their business, but the chain's corporate owner will get out of the case, a D.C. federal judge ruled Friday.

Expert Analysis

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Opinion

    Judges Shouldn't Force Attorneys On Absent Class Members

    J.B. Heaton

    U.S. District Judge Manish Shah of the Northern District of Illinois recently said he will consider lead firms’ willingness to put young and diverse attorneys in positions to take substantive roles in the multidistrict litigation he is overseeing. This is an improper use of judicial power, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • How The Sports Betting Decision May Affect College Athletes

    Elizabeth McCurrach

    With the imminent possibility of widespread legalized gambling following the U.S. Supreme Court's decision in Murphy, the NCAA’s mission to protect the “amateur” athlete is exponentially harder, say Elizabeth McCurrach and Ronald Gaither of BakerHostetler.

  • Insurance Tips For 'No Poach' Employment Antitrust Claims

    Jeff Kiburtz

    Regulators are taking new and aggressive steps to address the purported use of "no poach" agreements that allegedly violate antitrust law. Apart from ensuring that current practices comply with state and federal laws, companies should make sure that their insurance policies can help mitigate risk from prior practices, say Jeff Kiburtz and Heather Habes of Covington & Burling LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.