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Competition

  • May 31, 2018

    Atty Fighting Contempt Says Sister Was Prepared For Depo

    The lawyer for a travel agency objecting to a $139.3 million battery price-fixing class action settlement has told a California federal judge that a magistrate erred in recommending a contempt order against him and his client for bringing a “manifestly unprepared” corporate representative — his own sister — to a deposition.

  • May 31, 2018

    FTC Expert Defends Harm Findings Of Marine Supply Merger

    The Federal Trade Commission’s lead expert witness against a $400 million marine supply merger stood by his conclusions of likely price increases in a D.C. federal court bench trial Thursday, arguing he properly excluded potential competitors because they’re too far removed from the real market.

  • May 31, 2018

    Broadcast Rules Get Drill-Down At DOJ Regulation Panel

    A range of free-market, industry and antitrust interest groups pushed the U.S. Justice Department on Thursday to take a holistic view of the competitive effects of government action, including how markets are affected both by competition policy and by government decisions generally.

  • May 31, 2018

    JPML Eyes Sending VIX Suits To Ill. Despite Judge Shortage

    The Judicial Panel on Multidistrict Litigation seemed unmoved Thursday by a request from investors alleging an unlawful manipulation of the Chicago Board Options Exchange's volatility index to consolidate similar suits in New York rather than Illinois given the number of bench vacancies on Chicago federal court.

  • May 31, 2018

    Maruyasu To Pay $12M Criminal Fine For Steel Tube Collusion

    Japanese auto parts maker Maruyasu Industries was ordered by an Ohio federal court Thursday to pay a $12 million fine after pleading guilty to participating in a criminal conspiracy to fix prices, rig bids and allocate customers for automotive steel tubes used in the manufacture of vehicles sold in the U.S.

  • May 31, 2018

    'Copycats' Can't Push Zetia Antitrust MDL To NY, Panel Told

    The Judicial Panel on Multidistrict Litigation on Thursday questioned the motives of attorneys requesting the centralization of suits claiming Merck & Co. Inc. conspired with a generics maker to stifle competition for its drug Zetia, with one panel judge asking whether the real fight was over the appointment of lead counsel.

  • May 31, 2018

    EU Outlines Plan To Digitize Cross-Border Litigation

    The European Commission on Thursday released proposed new measures designed to promote and facilitate electronic document filing, aimed at increasing judicial cooperation on cases that range across national borders and reducing the costs incurred when documents are sent via regular mail.

  • May 31, 2018

    AT&T Won't Take FTC Common Carrier Fight To High Court

    AT&T has bowed out of its long-standing fight challenging the Federal Trade Commission's authority to oversee internet service providers and has instead told a California federal court that it will negotiate an end to the regulator's claim that the company misled consumers about its "unlimited" cellphone data plans.

  • May 31, 2018

    FDA Targets Anti-Generic Foot-Dragging By Big Drugmakers

    The U.S. Food and Drug Administration on Thursday explained when it will exempt generic-drug makers from having to share special safety measures with brand-name rivals, in the agency’s latest effort to tackle drug prices and alleged pharmaceutical industry obstruction.

  • May 31, 2018

    6th Circ. Says Encana Can Recoup $1.8M In Gas Leasing Row

    The Sixth Circuit found Thursday that Encana Corp.'s U.S. unit did not, as jurors determined, waive its rights to recover $1.8 million from Michigan landowners over a soured gas leasing deal and that their antitrust and fraud counterclaims against the company were rightly dismissed.

  • May 31, 2018

    NY Doc Gets 4 Years For Part In $100M Referral Bribe Scheme

    A New York doctor has been sentenced to 48 months in prison, fined $100,000 and ordered to forfeit $27,500 after being convicted of accepting bribes as part of a referral scheme that netted more than $100 million in Medicare and private insurance dollars for the business, according to a filing in New Jersey federal court Thursday.

  • May 31, 2018

    Accounting Software Cos. Scrap $138M Deal Amid Scrutiny

    Software supplier MYOB said Thursday that it will abandon its planned AU$180 million ($138.1 million) purchase of Reckon's accounting adviser software business and instead invest tens of millions of dollars in bringing updated software to market, after antitrust enforcers in Australia and New Zealand raised concerns about the deal.

  • May 31, 2018

    CFIUS Overhaul Could Hurt Foreign Investment In The US

    The anticipated overhaul of the Committee on Foreign Investment in the United States is expected to tighten loopholes that leave sensitive technologies and critical infrastructure open to foreign investment, but it could also unintentionally capture friendly and much-needed cross-border support of innovation in its broadened net, a senior adviser at the Center for Strategic and International Studies and former U.S. Department of Defense official said Thursday.

  • May 31, 2018

    Top EU Court Rules No Gun-Jumping In EY, KPMG Merger

    The European Union's highest court said Thursday that auditing giants Ernst & Young and KPMG followed merger rules when their Danish units combined even though the companies began preparing for the deal before regulators had signed off on it.

  • May 31, 2018

    Antitrust Claims Tossed From Boston Cabbies' Uber Suit

    A Massachusetts federal judge has dismissed antitrust claims in a putative class action by Boston-area taxi drivers, saying their argument that Uber Technologies Inc. had used predatory pricing to drive the cab companies out of the market and create a monopoly were not specific enough to proceed.

  • May 30, 2018

    Ixchel Asks 9th Circ. To Revive Biogen Antitrust Claims

    Ixchel Pharma LLC urged the Ninth Circuit on Tuesday to revive its claims that Biogen Inc. entered an anti-competitive agreement with another company, saying a requirement that Ixchel allege an “independently wrongful act” doesn’t apply because there’s no employment contract involved.

  • May 30, 2018

    Quinn Emanuel Tiff With Ex-Partners Raises Ethics Questions

    Quinn Emanuel Urquhart & Sullivan LLP engaged in an ethically dubious gambit when it allegedly attempted to prevent a group of defecting partners from poaching associates by threatening to enforce an unenforceable clause in their contract, experts said.

  • May 30, 2018

    EU Lawmakers Reach Deal On National Antitrust Powers

    The European Parliament on Wednesday reached a deal with the Council of the European Union over a proposal to give antitrust agencies of member nations greater investigative and enforcement powers, while also requiring their independence.

  • May 30, 2018

    BNP Paribas' $90M Forex Rigging Plea Deal OK'd

    A New York federal judge on Wednesday signed off on a plea deal in which BNP Paribas USA Inc. agreed to pay a $90 million fine for engaging in a foreign currency exchange rigging scheme, despite initially voicing concern about the agreement’s terms.

  • May 30, 2018

    $409M ISDAfix Settlements OK'd With Atty Fees Undetermined

    A Manhattan federal judge gave final approval on Wednesday to $408.5 million in settlements with 10 banks accused of manipulating the global swaps and options benchmark ISDAfix, but the parties agreed to hold off on deciding how much of that would go to the lawyers.

Expert Analysis

  • Chinese Investment In The US After The Section 301 Report

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    The U.S. Trade Representative recently alleged that China has engaged in theft of trade secrets, cyber intrusions and creation of unfair barriers to entry in China. In response, the Trump administration may be exploring options for executive branch action under the authorities of the International Emergency Economic Powers Act, say attorneys with Morgan Lewis & Bockius LLP.

  • Think Before Sharing Due Diligence Info With A Competitor

    Kathy Osborn

    Guidance posted by the Federal Trade Commission last month confirms that the FTC is just as concerned about how parties negotiate deals as it is about whether those deals are substantively anti-competitive, say attorneys with Faegre Baker Daniels LLP.

  • ITC’s US Steel Decision Unlikely To Have Broad Impact

    David Hickerson

    In a long-awaited decision, the U.S. International Trade Commission ruled this month that a complainant alleging price-fixing as an unfair act under Section 337 must also allege an antitrust injury, as would be required in federal district court. But the decision is unlikely to apply beyond the narrow area of standing in antitrust cases, says David Hickerson of Foley & Lardner LLP.

  • Opinion

    Music Licensing Reform Is Singing The Same Old Song

    Thomas Lenard

    The recently introduced Music Modernization Act has received widespread support from most parts of the industry and would be an improvement over the status quo. However, the MMA reinforces many of the long-standing aspects of music licensing that hinder competition, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business​​​​​​​.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • Solar’s Achilles' Heel Opens Door To Exclusionary Conduct

    Andrew Lemon

    While the recent settlement between SolarCity, a unit of Tesla, and the Salt River Project Agricultural Improvement and Power District leaves the legal question regarding the merits of SolarCity’s claims unanswered, from an economics perspective it's clear that discriminatory pricing structures implemented under the guise of “cost recovery” can snuff out nascent competition, says Andrew Lemon of Compass Lexecon.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Opinion

    We Need A Cybersecurity Framework For Law Firms

    Shaun Jamison

    In order to enable lawyers to best meet cybersecurity challenges, state bars should pass rules that adopt a cybersecurity framework to be developed by a national committee, says Shaun Jamison, associate dean of faculty and professor at Purdue University's Concord Law School.

  • Equity Partnership Isn’t What It Used To Be

    Jeff Liebster

    To many young attorneys, becoming an equity partner shows a firm's long-term commitment, meaning job security and a voice in important firm matters. However, the industry has changed and nowadays it may not be better to enter a new firm as an equity partner, says Jeffrey Liebster of Major Lindsey & Africa.

  • Series

    Judging A Book: Hardiman Reviews 'Without Precedent'

    Judge Thomas Hardiman

    In his new book, "Without Precedent: Chief Justice John Marshall and His Times," professor Joel Richard Paul ably explains more than a dozen of Marshall’s most significant opinions, which comes as no surprise​. ​What is a surprise — a pleasant one — is the book's readability, says Judge Thomas Hardiman of the Third Circuit.