The U.S. Supreme Court ruled in an antitrust case over Chinese vitamin C exports that U.S. courts are not bound by another country's description of its own laws, but the justices only provided a few hints about how much weight to give competing evidence about what a foreign law requires, leaving trial courts to parse the deference due in future cases.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A D.C. federal judge has rejected the U.S. Department of Justice’s arguments that AT&T’s planned purchase of Time Warner would hurt competition and drive up consumer costs, dealing a major blow to the government’s first court challenge of a vertical merger in decades. Here, Law360 looks at how we got here, the key issues and highlights of the case.
The latest ABA annual antitrust law spring meeting ran the gamut from the government's tough new take on no-poaching pacts to hurdles innovation can cause in merger reviews— plus wide-ranging comments from the DOJ's new antitrust chief. Here's a look at Law360's coverage of three days of debates, tips and quips.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.