Competition

  • November 13, 2017

    Qualcomm Can't Escape Pared-Down Consumer Antitrust Suit

    A California federal judge has ruled that consumers cannot seek damages from Qualcomm over its patent licensing practices under federal antitrust law, but she rejected the chipmaker's bid to dismiss state law claims in the proposed class action.

  • November 13, 2017

    German Co. Reaches $2M Deal In Car Door Latch Antitrust Suit

    German auto parts manufacturer Kiekert AG has agreed to pay $2.28 million to settle a proposed class action from consumers alleging the company conspired to fix the prices of vehicle door latches, according to documents filed in Michigan federal court Monday.

  • November 13, 2017

    Mo. AG Investigating Google's Competition, Privacy Practices

    Missouri Attorney General Josh Hawley said Monday his office has subpoenaed Google Inc. as part of a larger investigation into whether the tech giant’s alleged collection of user data, use of competitors’ content and manipulation of search results violate state consumer protection and antitrust laws.

  • November 13, 2017

    China Aluminum Co. Kills $2.3B Aleris Deal Amid CFIUS Woes

    A U.S. unit of China’s Zhongwang International Group said Monday it has scrapped its planned $2.3 billion takeover, including debt, of private equity-backed aluminum manufacturer Aleris Corp., amid uncertainty about the deal’s ability to secure approval from the Committee on Foreign Investment in the United States.

  • November 13, 2017

    Qualcomm Spurns $130B Broadcom Takeover Bid As Too Low

    Qualcomm Inc. on Monday rejected Broadcom Ltd.’s $130 billion takeover bid, contending the offer “dramatically undervalues” the company’s position in mobile technology and comes with “significant regulatory uncertainty.”

  • November 10, 2017

    Ex-Barclays Trader 2nd To Get Libor Conviction Reviewed

    The Criminal Cases Review Commission confirmed on Friday that it will review a former Barclays PLC banker’s petition for a final appeal against his June 2016 conviction for rigging the London Interbank Offered Rate.

  • November 10, 2017

    EU Court Rebukes Watchdog Over €15M ICAP Libor Rig Fine

    A top European Union court gave a U.K. broker-dealer a partial win on Friday by annulling parts of the European Commission’s decision to fine it nearly €15 million ($19 million) in 2015 for alleged involvement in cartels linked to the rigging of Japanese Yen interest rate derivatives.

  • November 9, 2017

    Experts Question DOJ Approach To AT&T-Time Warner Review

    AT&T’s bid to buy Time Warner bubbled into public controversy amid speculation over a possible sale of CNN, but experts say because the companies don’t have any competitive overlap, it should be a candidate for clearance without the U.S. Department of Justice demanding any divestitures.

  • November 9, 2017

    Corporate Convictions Pale Beside DPA Gains, SFO Boss Says

    The head of the U.K.'s Serious Fraud Office hit back Thursday at critics of the country's young deferred prosecution agreement program, saying the deals let prosecutors focus on charging individuals rather than winning nominal convictions of corporations.

  • November 9, 2017

    Allergan Can't Nix Antitrust Row As Buyer Class Is Certified

    Allergan PLC and several related companies lost their bid to exit an antitrust suit by end purchasers of an ulcerative colitis drug as a Massachusetts federal judge on Thursday denied their attempt to kill the claims and granted certification to a class of buyers.

  • November 9, 2017

    Airlines Urge High Court To Hear Antitrust Filed-Rate Fight

    The Ninth Circuit’s refusal to let two Asian airlines use federal price regulations to dodge antitrust damages claims warrants U.S. Supreme Court review because the ruling allows courts to improperly interfere in regulatory frameworks, the airlines have argued.

  • November 9, 2017

    FCC Official Says Merger Analysis 'Evolves' With Market

    A top Federal Communications Commission official said Thursday that the agency uses a flexible approach to analyzing the competitive effects of mergers in the telecommunications sphere, indicating that market definitions and other analytical tools employed by the regulator adapt with changing technologies and market realities.

  • November 9, 2017

    2nd Circ. Won't Revisit Use Of Forced Testimony

    The full Second Circuit said Thursday it will not reconsider a decision dismissing a Libor-rigging case tainted by compelled statements made in the U.K. — leaving the government to live with the limit on cross-border enforcement or appeal to the U.S. Supreme Court.

  • November 8, 2017

    Apple, Qualcomm Each Take Losses In War Over IPhone Chip

    Qualcomm can’t accuse Apple of unfair competition for allegedly threatening to end their business partnership if the chipmaker went public about disparities in iPhone speeds, a California federal judge said Wednesday in an order that also found Apple couldn’t assert that nine of Qualcomm’s patents were invalid.

  • November 8, 2017

    Startup Hits Florida Bar, Law Firm With $11M Antitrust Suit

    A startup hit the Florida Bar and a Sunshine State law firm specializing in traffic ticket defense with an $11.4 million lawsuit Wednesday for allegedly engaging in anti-competitive conduct that cost the company $3.8 million. 

  • November 8, 2017

    Affiliate Drug Discount Exempt From Antitrust Law, FTC Says

    A nonprofit hospital in New York can sell discounted prescription drugs to an affiliate’s employees without breaching antitrust restrictions on different pricing for the same products, Federal Trade Commission staff said in an opinion released Tuesday.

  • November 8, 2017

    9th Circ. Urged To Revive $600M Mitsubishi Antitrust Row

    Sea Breeze Salt Inc. and Innofood urged a Ninth Circuit panel Wednesday to revive their $600 million antitrust suit against Mitsubishi stemming from its joint ownership of a Mexican sea salt exporting company, saying the lower court wrongfully applied a doctrine that prevents U.S. courts from ruling on a foreign state’s official acts.

  • November 8, 2017

    EU To Review ArcelorMittal’s $2.1B Steel Plant Purchase

    The European Commission has opened an investigation into the €1.8 billion ($2.1 billion) acquisition of Italy's Ilva steel plant by steelmaker ArcelorMittal SA over concerns that it may hurt competition for flat carbon steel products, the regulatory body for the European Union said Wednesday.

  • November 8, 2017

    AT&T CEO Says CNN Is Not For Sale

    AT&T Inc.'s chief executive said Wednesday that CNN is not for sale, following reports that the U.S. Department of Justice had called for Turner Broadcasting, a group of cable networks that includes CNN, to be divested in order to clear the telecommunications giant's $85.4 billion deal for Time Warner Inc.

  • November 8, 2017

    Players Say NCAA Has O'Bannon Wrong In Scholarship Fight

    College athletes on Tuesday urged a California federal court to reject the NCAA’s bid for a quick win in multidistrict litigation against it and nearly a dozen athletic conferences over allegedly anti-competitive caps on scholarships, hitting back at the association’s reading of the Ninth Circuit’s September 2015 O’Bannon decision.

Expert Analysis

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Obama's Overlooked Antitrust Legacy

    Kelsey Shannon

    There is an Obama antitrust legacy of aggressive enforcement, particularly on mergers, but this legacy is mostly ignored. The antitrust bar should care about this oversight, says Kelsey Shannon of the Lynn Law Firm.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • Antitrust Complaints About Giant Companies Are Not New

    Steven Cernak

    According to many publications, a handful of companies are getting too big, and maybe we need to change the antitrust laws. What these commentaries never seem to acknowledge is that the U.S. economy has seen these kinds of supposedly unassailable behemoths in the past — and survived, says Steven Cernak of Schiff Hardin LLP.