Competition

  • August 25, 2017

    Sen. Calls Out FTC For Quick Amazon-Whole Foods Nod

    The top Democrat on the Senate panel that oversees antitrust matters slammed the Federal Trade Commission on Friday for not further scrutinizing Amazon.com Inc.’s planned $13.7 billion acquisition of Whole Foods Market Inc., a deal she said raises concerns about its impact on consumers and competition.

  • August 25, 2017

    EU Clears Merger Of Vending Cos. With Antitrust Fix

    European antitrust enforcers cleared private equity-backed Swiss vending and coffee services provider Selecta Group BV's proposed acquisition of Dutch rival Pelican Rouge Group BV, saying Friday that the deal won't harm competition as long as Selecta sheds its vending service activities in Finland.

  • August 25, 2017

    Tyson Says SEC Ended Its Chicken Quota Probe

    Tyson Foods Inc. said Friday that the U.S. Securities and Exchange Commission has closed its investigation into the allegations raised by recent antitrust and shareholder class actions that the company conspired with other producers of broiler chickens to fix prices, saying the SEC does not intend to pursue enforcement.

  • August 25, 2017

    FTC Ordered To Give Docs To Qualcomm In Antitrust Row

    A California magistrate judge ordered the Federal Trade Commission on Thursday to hand over documents in its antitrust suit accusing Qualcomm Inc. of unfair patent licensing practices that the agency had argued could reveal the identities of confidential informants, as well as other documents that foreign governments wanted kept confidential.

  • August 24, 2017

    Indirect Buyers Denied Class Cert. In Drywall Antitrust MDL

    A Pennsylvania federal judge on Thursday denied class certification to the indirect purchasers of domestic drywall in multidistrict litigation accusing manufacturers of colluding to fix prices, ruling that the proposed method of determining class membership is not feasible and that the proposed class period creates management problems.

  • August 24, 2017

    Uber Rider Asks 2nd Circ. To Tweak Price-Fix Ruling

    An Uber Technologies Inc. customer fighting arbitration of his price-fixing claims asked the Second Circuit on Thursday to modify its Aug. 17 ruling to allow U.S. District Judge Jed Rakoff to consider new information on remand about the visibility of the company’s terms of service.

  • August 24, 2017

    Baseball Exemption Can Be Read Narrowly, 2nd Circ. Told

    Despite calling Major League Baseball's long-held antitrust exemption an “anomaly,” Second Circuit judges on Thursday appeared skeptical as they questioned an attorney for baseball scouts over whether the workers and their claims that teams suppress scouts' wages are truly outside the exemption’s scope.

  • August 24, 2017

    SocGen Execs Hit With Libor Rigging Charges

    U.S. prosecutors on Thursday charged a pair of Société Générale SA executives with scheming to manipulate Libor by submitting falsely lowballed rate information to make it appear that the French bank was able to borrow at lower interest rates than it actually could obtain.

  • August 24, 2017

    UK Watchdog Fines Golf Gear Co. Over Online Club Sales Ban

    The United Kingdom’s competition regulator on Thursday slapped a golf products company with a £1.45 million ($1,856,000) fine for preventing two U.K. retailers from selling its golf clubs online, in violation of competition law.

  • August 24, 2017

    Fried Frank Partner Tapped As New DOJ Antitrust Deputy

    The U.S. Department of Justice has brought in another deputy assistant attorney general for its Antitrust Division, with the agency on Thursday confirming the addition of former Fried Frank Harris Shriver & Jacobson LLP partner and Federal Trade Commission veteran Bernard A. Nigro to its ranks.

  • August 24, 2017

    Lloyd's Underwriters Can't Duck Claims In Bid-Rigging MDL

    A New Jersey federal judge on Wednesday refused to toss a proposed class action accusing several Lloyd’s of London syndicates of conspiring with insurance brokers to conceal exorbitant commissions and the anticompetitive nature of their market, part of long-running multidistrict litigation over insurance bid-rigging.

  • August 24, 2017

    Nucap Must Reveal Emails In Bosch IP Fight, Judge Says

    An Illinois federal magistrate judge on Wednesday said Nucap Industries Inc. must hand over unredacted versions of certain emails to a pair of Robert Bosch GmbH units in a lawsuit over Bosch’s alleged theft of brake design components, ruling that they are not protected by attorney-client privilege.

  • August 23, 2017

    Direct Purchasers Get Class Cert. In Drywall Antitrust MDL

    A Pennsylvania federal judge on Wednesday granted class certification to the direct purchasers of domestic drywall in multidistrict litigation accusing manufacturers of colluding to fix prices.

  • August 23, 2017

    Amazon's $13.7B Whole Foods Buy Gets FTC Nod

    The Federal Trade Commission gave Amazon the go-ahead Wednesday on its planned $13.7 billion acquisition of Whole Foods Market after finding the combination wouldn’t be anti-competitive.

  • August 23, 2017

    BigLaw Triumvirate Leads US Securities Antitrust MDL

    A New York federal judge on Wednesday appointed three BigLaw firms to serve as lead counsel in multitrillion-dollar litigation accusing Goldman Sachs Group Inc., Barclays Capital Inc. and 18 other financial giants of rigging the $13 trillion market for securities sold by the U.S. Department of the Treasury.

  • August 23, 2017

    AmEx Urges High Court To Leave Antitrust Ruling In Place

    American Express Co. on Monday urged the U.S. Supreme Court not to review its win in an antitrust case over its rules preventing merchants from steering customers to other credit cards, saying that arguments from a group of states that the provisions are anti-competitive all fail.

  • August 23, 2017

    FERC, Trader Settle Market Manipulation Case For $11.7M

    The Federal Energy Regulatory Commission on Tuesday accepted a deal that calls for a Florida power trading firm and its founder to pay $11.7 million to end a market manipulation enforcement case against them.

  • August 23, 2017

    Fla. Better Than Calif. For Auto Antitrust MDL, Drivers Say

    A group of drivers alleging German automakers illegally shared sensitive information with each other asked the Judicial Panel on Multidistrict Litigation on Tuesday to centralize the proposed class actions in Florida federal court rather than in California.

  • August 23, 2017

    China Greenlights Broadcom's $5.9B Brocade Buy

    Broadcom’s anticipated $5.9 billion takeover of Brocade has scored conditional approval from China’s Ministry of Commerce, marking the latest clearance for the deal as it waits for the Committee on Foreign Investment in the United States to weigh in, according to a Wednesday regulatory filing.

  • August 23, 2017

    Mallinckrodt Defends Hormone Price Hike In Antitrust Suit

    Mallinckrodt ARD Inc. and an Express Scripts Inc. unit on Tuesday urged an Illinois federal court to throw out the city of Rockford’s antitrust suit accusing the two of running a racketeering conspiracy to take advantage of Mallinckrodt’s monopoly on a hormone drug and raise prices.

Expert Analysis

  • Morrison's Impact On Commodity Exchange Act Claims

    Karen Hoffman Lent

    The Southern District of New York's recent decision in North Sea Brent Crude Oil Futures Litigation, together with the Second Circuit's decision in Loginovskaya, makes clear that Morrison presents a daunting obstacle to private Commodity Exchange Act claims that involve some element of foreign conduct, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • Opinion

    Meritless FTC Case Against Qualcomm Will Harm Consumers

    James Skyles

    With its complaint earlier this year against Qualcomm, the Federal Trade Commission is in danger of intervening on behalf of business interests, not those of consumers, and compromising protections for innovations and technological breakthroughs, says James Skyles, founder of Skyles Law Group LLC.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Early Lessons From The DOJ Auto Parts Investigation

    Jon Tomlin

    Over the past six years, the U.S. Department of Justice has announced a steady flow of guilty pleas for price-fixing of automotive parts in what has been called the largest criminal antitrust investigation in U.S. history. The information contained in plea agreements reached thus far offers a “sneak peek” into what future economic research may reveal, say Jon Tomlin and Chris Ring of Navigant Consulting Inc.

  • An Antitrust Reminder For Membership Organizations

    Brian Schneider

    A class of plaintiffs succeeded last month in persuading a New Jersey federal court that trade and professional associations may violate the antitrust laws by tying benefits to membership. While the dominance of the American Osteopathic Association may be unique, the decision presents considerations for other membership associations, say Brian Schneider and Andrew Murad of Arent Fox LLP.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • Roundup

    Leegin's 10-Year Checkup

    Leegin

    A decade after the U.S. Supreme Court's landmark antitrust decision in Leegin v. PSKS, this series examines the ruling's impact on resale price maintenance.