Competition

  • June 2, 2017

    Wachtell Partner Drops Out Of DOJ Leadership Consideration

    The Wachtell Lipton Rosen & Katz LLP partner married to presidential adviser Kellyanne Conway has pulled himself out of the running for a U.S. Department of Justice job, saying he’ll keep his role handling litigation tied to securities, mergers and acquisitions and antitrust matters.

  • June 2, 2017

    States, Not DOJ, Appeal AmEx Anti-Steering Row To Justices

    A group of states on Friday asked the U.S. Supreme Court to review the Second Circuit's September decision for American Express Co. in an antitrust suit over the company’s merchant rules, but the U.S. Department of Justice declined to join the states.

  • June 2, 2017

    Dollar Stores Trade Suits In 'Kill Dollar Express' Case

    A pair of discount variety retail chains rang up full-price lawsuits against each other Thursday in separate Delaware courts, with the Dollar Tree-Family Dollar chain accused in one case of an elaborate plot to “kill Dollar Express.”

  • June 2, 2017

    Deutsche-Linked Futures Trader Cops To Metals 'Spoofing'

    A former futures trader with reported ties to Deutsche Bank was permanently banned from the industry on Friday after admitting that he conspired to manipulate the prices of gold and silver futures contracts with a practice known as “spoofing.”

  • June 2, 2017

    Trump Says Wine Bar Suit Must Stay In Federal Court

    President Donald Trump told a D.C. federal court on Thursday that an unfair competition suit brought by a wine bar located near his luxury hotel should remain in federal court because of the case’s relation to his presidency.

  • June 2, 2017

    DC Circ. Stays FCC Relaxing Of TV Station Ownership Limits

    The D.C. Circuit on Thursday temporarily paused a Federal Communications Commission vote reinstating a loosening of TV station ownership rules that was nixed by the Democratic-led agency last year, saying it would give the appeals court time to consider the arguments made by advocacy organizations to prevent the vote from taking effect.

  • June 2, 2017

    EU, China Open State Aid Talks For Competition Officials

    European Union and Chinese competition officials agreed Friday to begin formal talks on government aid to industry, just two months after the EU's top watchdog highlighted her desire to see more antitrust enforcers worldwide weigh whether taxpayer support is interfering with competition.

  • June 2, 2017

    Former StarKist Exec Charged In Tuna Price-Fixing Probe

    A former senior vice president for StarKist Co. faces charges in California federal court related to an alleged scheme to fix seafood prices in the U.S, joining a pair of Bumble Bee executives already named as part of the U.S. Department of Justice’s investigation into collusion in the industry.

  • June 2, 2017

    Firms Get Funding For New £300M Visa, MasterCard Claim

    A group of 27 retail firms secured a funding package on Thursday to launch fresh legal action against Visa Inc. and Mastercard Inc. in the U.K. over interchange fees, over which the credit card giants already face a number of similar suits.

  • June 1, 2017

    Microsoft To Arbitrate Battery Price-Fix Claims In Finland

    Microsoft Mobile Inc. has pulled out of multidistrict antitrust litigation against Samsung SDI America in California federal court over alleged price-fixing for lithium-ion batteries, saying in a joint stipulation filed Thursday that the companies have agreed to arbitrate the dispute in Finland.

  • June 1, 2017

    Top Irish Court Nixes Antitrust Watchdog's Dawn Raid Appeal

    Ireland's Supreme Court has upheld an injunction blocking the country's antitrust watchdog from perusing the entire email account of a cement firm employee amid claims that a search violated the executive's privacy.

  • June 1, 2017

    Actos Buyers Fight To Preserve Market-Exclusivity Suit

    A proposed class of purchasers of diabetes drug Actos urged a New York federal judge Thursday to keep alive their suit claiming Takeda Pharmaceutical Company Ltd. misrepresented certain patents in an attempt to extend market exclusivity, saying they sufficiently alleged antitrust misconduct and bad faith.

  • June 1, 2017

    AMC Wants Theater Sanctioned For Delays In Antitrust Row

    AMC Entertainment Holdings Inc. asked a Texas federal court on Wednesday to force a small Houston-based theater that has accused it of blocking access to first-run films to pay a portion of AMC's attorneys’ fees as sanctions for “otherwise needless costs” incurred through delays in the discovery process.

  • June 1, 2017

    No Basis For FTC Lidoderm Pay-For-Delay Suit, Watson Says

    The Federal Trade Commission maintains it has the authority to pursue a pay-for-delay suit over pain relief patch Lidoderm against Watson Laboratories Inc. in federal court, but its allegations should be heard in an administrative proceeding, Watson told a Pennsylvania federal court Wednesday.

  • June 1, 2017

    Bard Hit With Antitrust Suit Over Alleged Catheter Tying

    Medical technologies manufacturer C.R. Bard Inc. has unlawfully tied its popular tip location systems to its peripherally inserted central catheters in order to drive sales of its own PICCs at the expense of competitors, according to a suit filed by AngioDynamics Inc. in New York federal court.

  • June 1, 2017

    EU, Italy Reach Deal To Recapitalize Monte Dei Paschi

    The European Commission reached a preliminary deal Thursday to allow the Italian government to recapitalize and restructure Italy's troubled Monte dei Paschi bank under European Union state aid and bank bailout rules — as long as private investors buy its portfolio of bad loans.

  • June 1, 2017

    No Quick Wins In Antitrust Suit Against Michigan Hospital

    A Michigan federal judge on Wednesday refused to issue quick wins to a Michigan hospital and the prosecutors accusing it of violating antitrust laws by reaching agreements with three other hospitals to not advertise in each other's territories, finding too many questions remain.

  • June 1, 2017

    Auto Data Firms Offer Fixes To Clear $438M Merger In UK

    Solera Holdings Inc. has offered to sell its U.K. vehicle maintenance and repair information business to alleviate concerns by the country’s antitrust watchdog that its £340 million ($438 million) takeover of Autodata Publishing Group Ltd. would impair competition, the Competition and Markets Authority said Thursday.

  • May 31, 2017

    10th Circ. Affirms Toss Of $40M Antitrust Suit In Okla.

    The Tenth Circuit on Wednesday affirmed the dismissal of a $40 million antitrust suit against a Blue Cross Blue Shield-related health association that allegedly refused to bring an Oklahoma orthopedics center in-network, saying that although it was a "close question," there was no conspiracy — something that must be pled under the Sherman Act.

  • May 31, 2017

    11th Circ. Told Not To Halt Class Cert. Appeal In Bag Fee Row

    Passengers in long-running multidistrict litigation alleging Delta and AirTran Airways colluded to institute a first-checked baggage fee urged the Eleventh Circuit on Tuesday not to pause the airlines’ appeal of a Georgia federal judge’s certification of a class of approximately 28 million passengers, saying a stay would be unprecedented.

Expert Analysis

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Bag Fee Case Highlights Antitrust Risk Of Public Statements

    David L. Hanselman

    A Georgia federal court recently granted summary judgment in an antitrust case based on earnings calls in the airline industry. While the Delta and AirTran defendants ultimately prevailed, the case stands as a reminder to publicly traded companies to be mindful of antitrust considerations in public communications, say attorneys with McDermott Will & Emery LLP.

  • Decline In DOJ Antitrust Division Fines Is Likely Temporary

    Westrick_Tim_Treliant.jpg

    Criminal antitrust enforcement may appear to have dropped off in fiscal year 2016, if fines assessed on companies and executives are any measure. However, a deeper look provides a more accurate picture. In fact, the stage could be set for total fines to again surpass $1 billion in FY2017, says Timothy Westrick, a senior manager at Treliant Risk Advisors and former federal prosecutor.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • Takeaways From The ABA Antitrust Spring Meeting: Part 3

    Chuck Samel

    In the final installment of this review of last week's American Bar Association Antitrust Section meeting, attorneys with Perkins Coie LLP discuss the sessions that focused on consumer protection.

  • Lateral Partner Hiring: Time To Look In The Mirror

    Howard Flack

    The surveys that report lateral partner hiring as more or less a 50-50 proposition keep being published, and yet the lateral partner market is as robust as ever. So, what are firms looking at to measure their success and justify the level of investment they continue to make in the lateral market? asks Howard Flack of Volta Talent Strategies LLC.

  • Takeaways From The ABA Antitrust Spring Meeting: Part 2

    Barry Reingold

    In the second installment of this roundup of issues from the ABA Section of Antitrust Law Spring Meeting, attorneys with Perkins Coie LLP share takeaways specific to mergers and acquisitions.