Competition

  • April 4, 2017

    FTC Orders ChemChina, Syngenta To Shed Assets For Merger

    ChemChina and Syngenta AG on Tuesday agreed to divest certain pesticide units as part of a settlement with the Federal Trade Commission, a week before the European Commission makes its own antitrust determination, as the Chinese company looks to finalize its $43 billion purchase of the Swiss agrochemical company.

  • April 4, 2017

    Pa. AG Office's Antitrust Leader Details Enforcement Record

    Delivering the keynote at Dechert LLP’s annual antitrust seminar Tuesday, the longtime leader of antitrust efforts in the Pennsylvania attorney general’s office detailed the circumstances under which the state challenges potential mergers and highlighted its leadership role in handling health care transactions.

  • April 4, 2017

    Teac Inks $5M Deal In Optical Disc Drive Antitrust MDL

    Teac Corp. agreed to pay $5 million in the latest settlement with consumers over an alleged industrywide price-fixing scheme concerning optical disc drives, bringing the total settlements for indirect purchasers of the products to $180 million, according to papers filed Monday.

  • April 4, 2017

    McDonald's Hit With Consumer Antitrust Complaints In Europe

    Consumer groups in France, Germany and Italy filed complaints with national antitrust authorities on Tuesday, accusing McDonald’s Corp. of abusing its market position and engaging in anti-competitive behavior to the detriment of consumers in these countries.

  • April 4, 2017

    Barbados Faces Backlash Over Sale Of State-Owned Oil Co.

    France-based oil company Rubis West Indies Ltd. has warned the Barbados government that it intends to invoke a treaty between the island nation and the U.K. to challenge the sale of a state-owned oil company’s subsidiary to a rival, a Rubis attorney told Law360 on Monday. 

  • April 4, 2017

    Broadcasters Continue To Urge FCC To Nix Ownership Rules

    The National Association of Broadcasters has further urged the Federal Communications Commission to reconsider a decision that kept in place broadcast ownership rules, saying current media dynamics show they should be "eliminated or substantially loosened."

  • April 4, 2017

    Pet Food Makers Look To Escape Prescription Antitrust Case

    Mars, Nestle, PetSmart and others accused of fixing the prices of prescription pet food, after playing up their alleged health benefits, asked a California federal judge to dismiss the antitrust charges against them on Monday, arguing they are just following the law.

  • April 4, 2017

    EU Unveils Antitrust Probe Into RBS Restructuring Plans

    The European Commission announced Tuesday that it has launched an in-depth antitrust investigation into the U.K.’s latest restructuring plans for state-backed lender Royal Bank of Scotland Group PLC.

  • April 3, 2017

    Verizon Wins Suit Over 'Competitive' Labels For 4 Services

    Four Verizon phone services in the state of New Jersey were properly labeled by a regulatory agency as "competitive," a New Jersey appeals court ruled, finding the state's Board of Public Utilities had not violated any rules in coming to the determination and throwing out a challenge brought by another state agency.

  • April 3, 2017

    FCC Rolls Back Charter Merger Overbuild Condition

    The Federal Communications Commission voted Friday to drop a forced competition condition in its approval last year of Charter Communications’ merger with Time Warner Cable, requiring the company to build out service to the same number of new customers as the original approval, but now only to those without access to another provider.

  • April 3, 2017

    BCBS Gets Heart Device Co.'s $66.5M Antitrust Suit Tossed

    A Pennsylvania federal judge on Monday scrapped heart monitoring device manufacturer LifeWatch Services Inc.’s $66.5 million antitrust suit against Blue Cross Blue Shield and its associated health plans, finding that LifeWatch hadn’t actually brought an antitrust claim.

  • April 3, 2017

    DOJ OKs $12.5B Danone Deal With Divestitures

    The U.S. Department of Justice filed a settlement proposal in federal court Monday over Danone SA’s $12.5 billion purchase of organic food company WhiteWave Foods Co., asking the court to approve the DOJ’s requirement that the French yogurt company divest its Stonyfield Farms unit in order for Danone to proceed with the acquisition.

  • April 3, 2017

    Visa, MC 'Playing Games' In Chip Antitrust Row, Shops Say

    Visa and MasterCard are “playing games” in their bid to transfer an antitrust lawsuit against them away from California, but the dispute over a shift to a new security chip system is distinct from New York litigation involving interchange fees, retailers who brought the suit said Monday.

  • April 3, 2017

    Blue Cross Gets Hospital Contracts Antitrust Suit Trimmed

    A Michigan federal judge on Friday partially dismissed a suit accusing Blue Cross Blue Shield of Michigan of paying hospitals to raise prices for rival insurers because it was filed too late, but allowed Sherman Act and state antitrust law claims to survive.

  • April 3, 2017

    Dealers Get $5M In Auto Parts Price-Fixing MDL Settlement

    A Michigan federal judge on Friday approved a $5 million settlement between a class of truck and equipment dealerships and Schaeffler Group USA Inc., JTEKT Corp. and NTN Corp. as part of multidistrict litigation over fixing the price of auto parts.

  • April 3, 2017

    Schenker Must Supply Docs In $370M Air Cargo Price-Fix Suit

    A New York magistrate judge on Friday granted a bid by Air France, KLM, Martinair and Qantas for documents related to freight forwarder Schenker, in its $370 million antitrust suit accusing the major airlines of fixing prices for air cargo services.

  • April 3, 2017

    South Africa Watchdog Says Cos. Restricted Potato Seed Use

    South Africa’s competition watchdog on Monday brought charges against a Dutch potato seed breeder and its South African grower, saying the pair refused to allow other entities access to a new seed variety after the expiration of a 20-year right to exclusivity.

  • April 3, 2017

    Orange County Cities Immune From EMS Antitrust Lawsuit

    A California federal judge has dismissed an antitrust lawsuit against 12 Orange County cities, ruling they are immune from claims by ambulance service provider AmeriCare MedServices Inc., which alleged they monopolized the emergency medical services market in the area.

  • April 3, 2017

    Senate Panel Advances Gorsuch, Filibuster Showdown Likely

    Tenth Circuit Judge Neil Gorsuch was approved by the Senate Judiciary Committee 11-9 along party lines Monday, teeing up an all-week fight in the Senate over his nomination to the U.S. Supreme Court.

  • March 31, 2017

    Cohen Milstein Says It Should Share In Deal In $360M Suit

    Cohen Milstein Sellers & Toll PLLC asked Friday to intervene in a now-settled $360 million antitrust dispute between doctors and the Health First hospital group, arguing that the firm is owed a cut of attorneys' fees in the settlement because of its early work on the case.

Expert Analysis

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Trends To Watch In DOJ Cartel Investigations This Year

    Lauren E. Briggerman

    For the first time in almost a decade, the U.S. Department of Justice's Antitrust Division does not appear to have a significant, multijurisdictional investigation to occupy its time and resources. As a result, the Antitrust Division’s focus in 2017 likely will be on smaller, domestic investigations, says Lauren Briggerman of Miller & Chevalier Chtd.

  • A Closer Look At The Aetna-Humana Merger Loss

    Jeff Spigel

    U.S. District Judge John Bates' recent decision to block the proposed merger between Aetna and Humana is significant not just for the way he approached certain health care antitrust issues but also for his serious criticism of Aetna’s efforts to conceal certain evidence, say attorneys with King & Spalding LLP.

  • Hart-Scott-Rodino Considerations For 2017

    Alycia Ziarno

    Fiscal year 2016 ended with a record $12.85 million in civil penalties imposed for alleged violations of the Hart-Scott-Rodino Act, dwarfing the $3.8 million assessed the previous year. And companies and investors face the possibility of higher maximum civil penalties if they violate the HSR Act in FY 2017, say Alycia Ziarno and Brian Whittaker of Nixon Peabody LLP.

  • A New Tool For Obtaining Jurisdiction In New York Courts

    Stephen P. Younger

    In the past, a foreign bank’s use of correspondent bank accounts in the United States to facilitate wire transfers has not necessarily given New York courts a sufficient basis for jurisdiction over the bank. But the New York high court's recent decision in Rushaid v. Pictet & Cie may change that, say Stephen Younger and Sarah Ferguson of Patterson Belknap Webb & Tyler LLP.

  • Can Federal Agencies Reverse Course Under Trump?

    Steven D. Gordon

    The next four years will see litigation that explores the extent to which the Trump administration can alter or reverse the regulatory policies of the Obama administration without having to enact new legislation. The U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    Gorsuch's Good, Wrong Opinion In Microsoft Antitrust Case

    James Robertson Martin

    Judge Neil Gorsuch got it wrong when he affirmed the trial court’s dismissal of an unlawful monopolization case brought by our client, the former owners of WordPerfect, against Microsoft. But it was an extraordinarily well-written opinion — powerful and analytic. It was 2013 and clear to me that Judge Gorsuch was going to end up on someone’s shortlist for the U.S. Supreme Court, says James Robertson Martin of Zelle LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Tracking Global Merger Control Changes For 2017

    Joshua Holian

    This year introduces new layers of complexity to the already challenging task of identifying which countries around the world will claim jurisdiction to review a given M&A transaction. Multiple jurisdictions are modifying their merger filing thresholds, and several other countries have newly introduced merger reporting requirements, say Joshua Holian and Amanda Reeves of Latham & Watkins LLP.