Competition

  • March 29, 2018

    Libor Judge Surprises Feds With 'Thoughts' On Case

    A Manhattan federal judge overseeing the prosecution of two former Deutsche Bank traders on charges of rigging the London Interbank Offered Rate made a surprising move Thursday when she handed down not a ruling, but her "thoughts" suggesting prosecutors beef up their arguments or risk losing their case.

  • March 29, 2018

    Stock Photo Co. Says Google Search Shuts Out Non-Partners

    Google is using its search clout and advertising power to shut some companies out of the market for stock photography, according to a sweeping lawsuit in California federal court Wednesday alleging antitrust law violations and breach of contract.

  • March 29, 2018

    HP Must Face Trimmed Ink Cartridge Monopoly Suit

    Customers who received phony error messages after trying to install third-party ink cartridges in Hewlett Packard Co. printers can proceed on some consumer protection claims in their putative class action, a California federal judge ruled Thursday while also tossing a slew of claims, most with leave to amend.

  • March 29, 2018

    Comcast Exec Saps Gov't Theory On AT&T-Time Warner Union

    Comcast Cable’s content acquisition chief dealt a blow to the U.S. Department of Justice on Thursday in D.C. federal court when he said that he doesn't expect the AT&T-Time Warner merger to have an impact on his negotiating strategy.

  • March 29, 2018

    Booking Sites Agree To Nix Hotel Pricing Limits In Brazil

    Brazil’s antitrust agency said Thursday it has reached an agreement with travel booking sites Booking.com, Decolar.com and Expedia requiring them to stop using allegedly abusive clauses in their contracts with hotel chains that limit the prices hotels can charge for their rooms.

  • March 29, 2018

    Australia Questions $138M Accounting Software Deal

    Australia's competition authority said Thursday that it has concerns with software supplier MYOB's planned AU$180 million ($138.1 million) purchase of Reckon's adviser software business, saying it would leave no alternatives for mid-sized to large accounting firms in the country.

  • March 29, 2018

    Trial Court Disrespected China, Exporters Tell Justices

    Two Chinese exporters have defended the Second Circuit’s decision to toss a $147 million judgment against them for allegedly fixing vitamin C prices, telling the U.S. Supreme Court the trial court was “disrespectful” toward the Chinese government when it disregarded the country’s submissions in the case.

  • March 29, 2018

    UK Antitrust Watchdog To Form Tech Team, Readies For Brexit

    The U.K.'s Competition and Markets Authority issued an annual plan Thursday revealing a harder focus on data and digital markets and laying out the agency's strategy for navigating Britain's coming exit from the European Union, which is expected to usher in a flurry of activity for the enforcer.

  • March 29, 2018

    Japanese Watchdog Ends Merrill Lynch, Deutsche Bank Probe

    The Japan Free Trade Commission closed an investigation into alleged bid manipulation by Deutsche Bank AG and Merrill Lynch International on Thursday, announcing that the two firms had taken steps to avoid violations in the future and a five-year statute of limitations had already passed.

  • March 29, 2018

    Impax Ends Acne Drug Pay-For-Delay Suit For $20M

    Impax Laboratories Inc. on Thursday reached a $20 million midtrial settlement with a class of consumers and insurers, ending a suit in Massachusetts federal court that claimed the lab delayed the launch of a generic acne medicine in exchange for a $40 million payment.

  • March 28, 2018

    UK Merger Authority Puts Cos. That Slow Discovery On Notice

    The U.K.’s competition authority warned companies on Wednesday that it intends to use fines and other enforcement mechanisms more liberally to compel the production of internal documents during merger investigations, as it asked businesses for comments on a draft of new guidelines.

  • March 28, 2018

    Pharmacies Again Sue Express Scripts After Talks Fail

    A group of pharmacies again claimed in Missouri federal court Wednesday that Express Scripts Inc. has been using patient prescription data gained as part of its pharmacy benefit management business to secretly steal clients from the independent pharmacies it contracts with.

  • March 28, 2018

    Turner CEO Scoffs At Threat Of 'Must-Have' Content To Merger

    Turner Broadcasting CEO John Martin downplayed the importance Wednesday of the company’s “must-have” content the government says AT&T and parent company Time Warner could leverage if their merger goes through, arguing that many programmers describe their popular material as must-have.

  • March 28, 2018

    NCAA, Athletes On Path To Trial In Pay Cap Antitrust Row

    College athletes and the NCAA will have an opportunity to duke out at trial whether restrictions on player compensation are anti-competitive, according to a California federal court ruling Wednesday that found the Ninth Circuit’s decision in O’Bannon doesn’t wipe out the students’ case.

  • March 28, 2018

    Fla. Cancer Centers Accused Of Illegally Dividing Up Market

    Two Florida cancer treatment centers were hit Monday with a putative class suit claiming they had an illegal agreement to restrict competition and monopolize the market for oncology services in Southwest Florida.

  • March 28, 2018

    US Soccer Execs Want Out Of NASL's NY State Court Suit

    U.S. Soccer Federation executives on Wednesday urged a New York state court to stop the North American Soccer League from taking a “third bite of the apple” in its suit against them over its revoked Division II status after recent losses in a parallel federal suit.

  • March 28, 2018

    EU Antitrust Enforcer To Study Market Effects Of Data

    Europe’s antitrust enforcer on Wednesday signaled a continued focus on competitive concerns raised by evolving technology, appointing a panel of outside experts to study the impact data and other digital developments are having on the market and any implications they raise for competition policy.

  • March 28, 2018

    Gas Futures Settlement Can't Bar Price-Fix Suit: 9th Circ.

    The Ninth Circuit revived a natural gas price-fixing lawsuit by an agricultural chemicals company Tuesday, ruling a Nevada federal court erred when it dismissed the suit as barred by a $100 million class action settlement over futures exchange manipulation because the injury relies on a different law and different facts.

  • March 28, 2018

    Judge OKs Drug Distributor Info Sharing In Opioid MDL

    The Ohio federal judge overseeing the opioid multidistrict litigation on Tuesday signed off on a order proposed by three drug distributors that sharing information about suspicious drug orders in settlement negotiations is immune from federal antitrust law.

  • March 28, 2018

    Ex-UBS Trader Can't Nix 'Front-Running' Evidence, Feds Say

    Federal prosecutors on Tuesday pushed back at a former UBS AG trader’s bid to exclude evidence of alleged front-running activity that the government has said it plans to offer at his trial for commodities fraud conspiracy, telling a Connecticut federal judge that the evidence is relevant to the case.

Expert Analysis

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Possible Turning Point For Resale Price Maintenance In China

    Huang Wei

    Recently, for the first time ever, a court in China directly and explicitly held that the enforcement approach adopted by the Chinese antitrust enforcement agencies toward resale price maintenance practices is consistent with laws, say attorneys with Tian Yuan Law Firm.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Kaepernick's Suit Against NFL: An Academic Exercise?

    Drew Sherman

    Because it is difficult to prove collusion, Colin Kaepernick's recent grievance against the NFL and its teams is being discussed, in some legal circles, as an academic exercise intended to cause change on a greater scale above and beyond the remedies personally available to him, says Drew Sherman of ADLI Law Group.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • 10 Antitrust Developments And Trends To Watch In 2018

    Dee Bansal

    Expect to see antitrust developments in 10 areas this year, including continuing scrutiny of vertical mergers, no-poach agreements and conduct by pharmaceutical companies, say attorneys with Cooley LLP.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.