Competition

  • July 27, 2017

    Tyson Foods Sheds Chicken Price-Fix Investor Suits

    An Arkansas federal judge on Wednesday dismissed proposed investor class actions alleging that Tyson Foods Inc. goosed its profits by engaging in a broiler chicken price-fixing conspiracy and that the company and several of its executives lied to investors about the source of the ill-earned gains.

  • July 27, 2017

    Calif. Real Estate Investor Sentenced In Bid-Rigging Scheme

    A real estate investor will serve 21 months in prison after being convicted of conspiring in a large-scale scheme to rig bids at public foreclosure auctions in the San Francisco Bay Area, federal prosecutors announced Wednesday.

  • July 27, 2017

    EU Makes Belgium, France Send Port Tax Breaks Out To Sea

    Port operators in Belgium and France will no longer be exempt from paying corporate taxes after the European Commission directed the countries to bring their tax laws into accord with the European Union’s state aid rules, the commission said Thursday.

  • July 27, 2017

    Rising Star: Sidley Austin's Patrick Harrison

    Sidley Austin LLP’s Patrick Harrison has made a successful career out of navigating the complex world of U.K. and European competition law, representing a major world player in the credit and debit card industry and also scoring a first-of-its-kind result with the U.K.’s antitrust authorities to cement his place as one of the competition attorneys under 40 honored by Law360 as Rising Stars.

  • July 27, 2017

    8 Jump To Riley Safer From Bryan Cave In Chicago

    Eight attorneys from Bryan Cave LLP have jumped to Riley Safer Holmes & Cancila LLP in Chicago, increasing the footprint of the new firm and establishing its business transactions practice, Riley Safer revealed Thursday.

  • July 27, 2017

    Trade Group Backs Sabre In $15M Antitrust Appeal

    Nonprofit traveler trade group Travelers United Inc. backed airline booking company Sabre on Wednesday in the Second Circuit, urging the court to look to its prior ruling in an American Express case and overturn a $15 million jury verdict awarded to US Airways in its antitrust suit over Sabre’s contract terms.

  • July 27, 2017

    Bearings Makers Fight Bid For Class Cert. In Auto Parts MDL

    Manufacturers of automotive and industrial bearings urged a Michigan federal court Wednesday to deny a certification bid by a class of direct buyers in multidistrict litigation accusing the manufacturers of conspiring to fix prices, saying the class is too broad.

  • July 27, 2017

    Fed. Circuit Affirms SanDisk Win In Antitrust Class Suit

    The Federal Circuit on Thursday affirmed summary judgment for SanDisk Corp. in an antitrust class suit accusing the company of fraudulently obtaining patents to monopolize the market for a kind of flash memory card, saying there was not enough evidence to show SanDisk tried to deceive the U.S. Patent and Trademark Office.

  • July 27, 2017

    Clariant Touts Progress Of $20B Huntsman Merger

    Switzerland-based Clariant AG on Thursday said that its proposed $20 billion merger of equals with Texas-based chemical company Huntsman Corp. is “on track,” noting that it does not expect to encounter any regulatory hurdles on the path to closing the deal.

  • July 26, 2017

    NFL Cheerleaders Look To Revive Wage-Suppression Suit

    NFL cheerleaders on Wednesday appealed to the Ninth Circuit a California federal judge’s decision last week denying them a chance to amend a lawsuit alleging the league and a majority of its teams unlawfully conspired to suppress their wages, after the judge said attempts to fix the claims are “futile.”

  • July 26, 2017

    Global Cartel Fines Down In 2017, Report Says

    Antitrust regulators this year have dished out far fewer cartel fines than a year earlier as investigations into the automotive and financial industries wind down, but pharmaceutical companies may soon be subject to closer regulatory looks, according to a report Tuesday by Morgan Lewis & Bockius LLP.

  • July 26, 2017

    Qualcomm Fires Back In Quest For IPhone Block In IP War

    Qualcomm struck back in the International Trade Commission on Monday against Apple, Intel and others opposing its effort to block imports of iPhones that allegedly infringe Qualcomm patents, arguing the companies mounted a “coordinated effort” to blow legitimate infringement claims out of proportion.

  • July 26, 2017

    Coscelli Tapped To Lead UK Antitrust Watchdog Through Brexit

    The acting chief of the U.K.'s antitrust enforcer, Andrea Coscelli, got the nod Wednesday to take over the role on a permanent basis as the agency faces the possibility of a growing workload once the U.K. leaves the European Union.

  • July 26, 2017

    NJ Justices Underscore Limits To Blocking Discovery Bids

    A New Jersey Supreme Court decision allowing hospitals to secure documents from Horizon Healthcare Services Inc. in litigation over the insurer’s tiered coverage plan should serve as a warning to lower appellate courts to largely avoid tackling whether an ongoing lawsuit will succeed when weighing bids to force discovery, experts say.

  • July 26, 2017

    Bayer-Monsanto Tie-Up Would Hurt Competition, Groups Say

    The American Antitrust Institute, Food & Water Watch and National Farmers Union sent a joint letter to the U.S. Department of Justice Wednesday urging it to block Bayer AG’s attempt to buy Monsanto Co. for $66 billion, claiming the union would be bad for competition.

  • July 26, 2017

    Clariant, Celanese Raided In EU Ethylene Cartel Probe

    Switzerland-based Clariant AG and units of Texas-headquartered Celanese Corp. were among the companies raided by the European Union’s antitrust watchdog in May as part of an ongoing investigation into cartel behavior in the ethylene purchasing market, the companies said Wednesday.

  • July 26, 2017

    NJ Attys, ShopRite Must Face Accusations Over 'Sham' Suit

    A New Jersey state appellate court revived a suit alleging the parent company of ShopRite supermarkets and its former attorneys filed a sham lawsuit to block a shopping center development that would include a Walmart, saying the underlying suit was part of a pattern of flimsy lawsuits by the company targeting potential competitors.

  • July 26, 2017

    MasterCard Win Cools Funders' Fever For UK Class Actions

    MasterCard's recent win in a £14 billion antitrust case in the U.K.'s new class action forum is a loss for litigation funders eager for a slice of massive potential recoveries in antitrust actions in the country, raising questions about whether similar cases can gain traction there and trigger payouts for investors, experts said.

  • July 26, 2017

    EU Agrees To UK Gov’t £835M State Aid Plan For RBS

    The European Union and the U.K. government have agreed on plans in principle for state-owned Royal Bank of Scotland PLC that avoid forcing the bank to sell off a subsidiary, a divestment that was originally a condition of its financial-crisis era bailout, the EU said Wednesday.

  • July 26, 2017

    German Auto Giants Hit With Antitrust Suit Amid EU Probe

    German luxury vehicle manufacturers including Volkswagen, Daimler and BMW have spent two decades conspiring to increase the prices of their automobiles, a proposed class of drivers told a New Jersey federal court, basing their antitrust claims on alleged admissions made to European regulators.

Expert Analysis

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Series

    Leegin's 10-Year Checkup: US Influence On RPM Overseas

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    In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.

  • Why Amazon's Whole Foods Buy Is Likely To Be Cleared

    Lisl Dunlop

    Given Whole Foods' relatively small presence in the grocery industry, the idea that this deal gives Amazon an unfair advantage in either the physical or online market appears overblown. Equally overblown appear to be concerns that the transaction will result in buyer power, says Lisl Dunlop of Manatt Phelps & Phillips.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Series

    Leegin's 10-Year Checkup: State RPM Rules Vs. Federal Rule

    Michael Lindsay

    Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.

  • State AGs Responding To Trump Policies: 3 Areas To Watch

    Michael Rossetti

    The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Series

    Leegin's 10-Year Checkup: RPM Rule Breeds Inconsistency

    Melissa Maxman

    The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.