Competition

  • April 4, 2018

    Japanese Auto Parts Maker To Pay $34M In Antitrust Deal

    Japanese auto parts maker Tokai Rika asked a Michigan federal judge Monday for preliminary approval of a $34.2 million settlement to resolve a putative class action within multidistrict litigation brought by car buyers who say the company conspired with others to fix prices of parts.

  • April 4, 2018

    Judge Tosses Teva Investors’ Price-Fixing Suit From Bench

    A Connecticut federal judge on Tuesday dismissed a putative class action against Teva Pharmaceutical Industries Ltd. and several former officers from the bench, a suit in which investors claimed Teva hid a federal investigation into an alleged price-fixing scheme to inflate its stock price.

  • April 4, 2018

    Sen. Says Video Suggests Sinclair Misled About Must-Runs

    Sen. Dick Durbin asked the head of Sinclair Broadcast Group Inc. to clarify the company’s policy on local broadcasters reading mandated content, and said this weekend’s viral video of various local anchors reading the same script contradicted what Sinclair told his staff last fall.

  • April 4, 2018

    Aussie Travel Service Hit With Upped $9.6M Antitrust Penalty

    An Australian appeals court on Wednesday backed an enhanced AU$12.5 million ($9.6 million) fine on travel service Flight Centre Ltd. for trying to convince three airlines to increase their airfares, following a yearslong campaign from the country’s competition authority.

  • April 4, 2018

    FDIC Slams European Banks' Libor-Rigging Defenses In UK

    The Federal Deposit Insurance Corporation has criticized the "striking" lack of detail in defenses put forward by a group of European banks to a U.K. lawsuit accusing them of rigging a key interest rate benchmark, saying they fail to engage with the claims against them.

  • April 3, 2018

    IP Atty Accused Of ‘Bizarre Scheme’ In TM Antitrust Suit

    Trademark filing service Trademark Engine on Tuesday urged a California federal court to toss LegalForce RAPC’s antitrust suit, accusing that law firm’s founder of secretly recording conversations and engaging in a “bizarre scheme” to pump information from a former Trademark Engine employee under the pretext of a job interview.

  • April 3, 2018

    Knorr-Bremse, Wabtec Settle DOJ's Worker No-Poach Case

    The U.S. Department of Justice has reached a settlement with rail equipment suppliers Knorr-Bremse and Wabtec over allegations of a long-running pact to not compete for each other’s employees, the DOJ said Tuesday, warning again that such cases could result in criminal charges.

  • April 3, 2018

    DOJ, AT&T Duel Over 9% Customer Drop Estimate

    At least one pay-TV provider could lose 9 percent of its subscribers if denied Turner Broadcasting’s content, a U.S. Department of Justice witness said Tuesday in D.C. federal court, only for Time Warner and AT&T to attack the number and the reasons for the study that produced it.

  • April 3, 2018

    Justices Asked To Patch 'Clean' Split On Antitrust Doctrine

    Over a dozen antitrust scholars Monday asked the U.S. Supreme Court to resolve a “clean” circuit split over the proper test for determining when litigation becomes anti-competitive, in an appeal from a Puerto Rican telecommunications company hit with 24 lawsuits and petitions from a rival.

  • April 3, 2018

    Price Of A Chicken Sandwich Keeps No-Tipping Suit On Menu

    Dozens of New York and San Francisco restaurants returned to California federal court for another round in their battle against a consumer who accuses them of engineering a no-tipping policy in a “conspiracy” to overcharge customers, arguing he bases his suit on a fried chicken sandwich that cost $5 more after a Brooklyn eatery eliminated tipping.

  • April 3, 2018

    UK Antitrust Watchdog To Probe Laundry Co. Merger

    The United Kingdom’s competition watchdog has opened an in-depth post-merger investigation of a pair of laundry facility companies, the agency announced Tuesday, following concerns the deal could squeeze competition for laundry rentals.

  • April 3, 2018

    Net Neutrality Update: Here's What Major Players Are Saying

    The net neutrality debate continues to rage as industry players wait for the Federal Communications Commission’s repeal of the Open Internet Order to take effect, which will officially roll back Obama-era safeguards mandating that internet service providers treat all web traffic equally. Here's a look at what some major stakeholders in favor of the rule repeal have been saying in recent days.

  • April 3, 2018

    Think Tank Urges Reset On Lithium Ion Battery Settlement

    A conservative think tank has urged the Ninth Circuit to reject a class settlement in the massive lithium ion battery multidistrict litigation, arguing in a brief filed Monday that the class roped in plaintiffs who had no claims.

  • April 3, 2018

    Fox Offers More Sky News Fixes, Says Disney Is Mulling Offer

    Twenty-First Century Fox on Tuesday released new remedies to assuage concerns over how its $14.4 billion takeover plans for Sky PLC would impact Sky News’ independence, offering to separate the news network from its parent and unveiling a possible bid by Disney.

  • April 2, 2018

    DOJ Says Time Warner Unit Tactics Show AT&T Merger Risks

    The U.S. Department of Justice on Monday used a former top Turner Broadcasting negotiator to illustrate the lengths to which Time Warner might go, if acquired by AT&T, to leverage its content for higher carriage rates from pay-TV providers.

  • April 2, 2018

    Ex-UBS Trader Gets Feds' 'Front Running' Evidence Nixed

    A former UBS AG trader accused of a criminal conspiracy to commit commodities fraud via a trading tactic known as “spoofing” has won his bid to exclude evidence of alleged front-running activity that the federal government said it planned to offer at trial later this month.

  • April 2, 2018

    Hospital Antitrust Suit Needs New Plaintiffs To Keep Cert.

    An Illinois federal judge Friday found the class in an antitrust suit alleging NorthShore University Health System harmed the market for acute-care inpatient services did not warrant certification because no plaintiffs had received such services, but gave them time to find replacement representatives who had.

  • April 2, 2018

    Merck Says Holding Co. Must Arbitrate Pay-For-Delay Claims

    Merck & Co. urged a Virginia federal judge on Monday to ax allegations it conspired with generics manufacturer Glenmark Pharmaceuticals Inc. to delay production of a competitor to cholesterol treatment Zetia, saying the suit is subject to an arbitration clause in the company’s distribution agreement.

  • April 2, 2018

    FTC Names Former Official As New Acting GC

    The Federal Trade Commission on Monday named Alden F. Abbott as its new acting general counsel, a former official for the agency who most recently served as a deputy director at the conservative think tank The Heritage Foundation.

  • April 2, 2018

    Sinclair Script Video Sparks Outrage In Policy Circles

    A video of local news anchors reading identical scripts on Sinclair Broadcasting Group-owned TV stations went viral over the weekend, prompting fierce opposition from Democrats and policy organizations that say it underscores why the FCC shouldn't approve the company's proposed takeover of Tribune Media Co.

Expert Analysis

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • Mitigating Antitrust Risks In Nonreportable Transactions

    Gregory Heltzer

    There has been a flurry of antitrust challenges of nonreportable transactions under President Donald Trump, more than doubling the annual rate of such challenges during the last four years of the Obama administration. It is easy to see that not reportable does not mean not reviewable, say Gregory Heltzer and Lisa Peterson of McDermott Will & Emery LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.

  • CFIUS Scrutiny Of Foreign Acquisitions Intensifies

    John Barker

    The environment for foreign investment in the United States is shifting. Most recently, the Chinese acquisition of MoneyGram was derailed after the Committee on Foreign Investment in the United States rejected proposals offered to try to mitigate national security concerns. At the same time, U.S. legislation to enhance CFIUS controls seems to be gaining momentum, say attorneys with Arnold & Porter.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • Your Case Was Remanded By The MDL Court — Now What?

    Brandon Cox

    Multidistrict litigation is an ever-expanding driver of product liability litigation, but when the MDL process runs its course there is often still a trial to be had, and there are strategic and practical decisions to consider once a case has been remanded. Brandon Cox and Charissa Walker of Tucker Ellis LLP offer tips on how to navigate the remand process.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.