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Competition

  • September 24, 2018

    FTC Staff Lays Out Policy For Portable Work Licenses

    A Federal Trade Commission report issued Monday pushes the concept of state-to-state occupational license portability, a key aspect of a broader Trump administration push to loosen mandates to certify qualified workers across a host of jobs and stimulate market competition.

  • September 24, 2018

    Higher Rates With Gray-Raycom Deal: Cable, Satellite Groups

    If Gray Television Inc. is allowed to acquire Raycom Media Inc., the resulting 142-station strong company will impose higher broadcast transmission fees on cable and satellite television providers, leading to increased costs for consumers, industry groups and DISH Network told the Federal Communications Commission on Friday.

  • September 24, 2018

    Vitamin C Importers Tell 2nd Circ. Price Fixing Voluntary

    Vitamin C importers urged the Second Circuit on Friday to affirm a $147 million price-fixing judgment against Chinese exporters after the U.S. Supreme Court returned the case earlier this year, with the importers arguing that the activity was voluntary, and not compelled by Chinese law.

  • September 24, 2018

    Grocers Want Egg Producers Kept In Price-Fixing Suit

    A group of supermarket chains on Friday urged a Pennsylvania federal judge to keep egg producers in multidistrict litigation for allegedly cutting supplies to jack up prices, invoking decades of antitrust law saying anyone impacted by price-fixing has standing to sue.

  • September 22, 2018

    Comcast Tops Fox With £29.7B Offer For Sky

    Comcast Corp. on Saturday emerged as the top offerer in an auction for Sky PLC with a £29.7 billion ($38.8 billion) offer, again besting 21st Century Fox and signaling an end to the bidding war over the British telecom. 

  • September 21, 2018

    Judge Probes NCAA VP On Athlete Pay Rules At Trial

    A California federal judge on Friday repeatedly questioned an NCAA vice president on the specifics of its pay rules during a landmark antitrust trial over the association's limits on student compensation, pointing to apparent discrepancies between financial aid limits the NCAA has imposed on its various conferences.

  • September 21, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a London no dealing desk sue Merrill Lynch for breach of fiduciary duty, more competition claims against Visa and MasterCard and a German shipper bring a suit against Axa and other insurers.

  • September 21, 2018

    Romania To Expand Int'l Natural Gas Flow After EU Probe

    Romania’s state-run natural gas supplier has committed to taking steps to open its supply stream to Hungary and Bulgaria following a European Union probe of whether the country’s gas industry restricted exports, the European Commission said Friday.

  • September 21, 2018

    Industry Groups Back FTC's View On Qualcomm Obligations

    A pair of industry groups representing technology companies have thrown their support behind the Federal Trade Commission's bid for a ruling in California federal court that Qualcomm is required to license its standard essential patents to rival chipmakers.

  • September 21, 2018

    FTC Mulls Evolving Markets With No ‘Predetermined Outcome’

    A wide array of antitrust experts challenged the state of competition enforcement Friday at the second of a series of Federal Trade Commission hearings assessing current enforcement policies in light of evolving technology and market conditions, in a process one FTC member said comes with no “predetermined outcome.”

  • September 21, 2018

    Travel Agents Seek 9th Circ. Redo Of Multicity Fares Ruling

    Travel agents asked the Ninth Circuit on Thursday to rehear its August ruling that shut down an antitrust suit accusing American Airlines, Delta, United and others of price-fixing, saying the U.S. Supreme Court's Twombly decision should not be used to suppress private antitrust cases.

  • September 21, 2018

    Class Attys Get $35M Of $105M Lidoderm Pay-For-Delay Deal

    A California federal judge has awarded $35 million in attorneys' fees as part of a settlement for end-payors that claimed a group of pharmaceutical companies delayed the release of a generic form of the Lidoderm pain patch.

  • September 21, 2018

    DC Circ. Nixes FERC Market Rate Ruling For TransCanada Unit

    The D.C. Circuit on Friday nixed the Federal Energy Regulatory Commission's refusal to let TransCanada Corp.'s U.S. natural gas storage unit charge market-based rates, saying the commission failed to justify that conclusion while letting other companies in the same market charge market-based rates.

  • September 21, 2018

    Ex-Deutsche Bank Euribor Trader Held In Italy, SFO Says

    A former Deutsche Bank trader who was allegedly involved in manipulating a key European interest rate benchmark has been arrested in Italy and could be extradited to the U.K., the Serious Fraud Office revealed on Friday.

  • September 20, 2018

    Antitrust 'Bundling,' Patent Fraud Case Sent Packing

    A Minnesota judge has thrown out a food packaging company’s antitrust lawsuit against its larger rival, finding no evidence that patents asserted against it were obtained fraudulently and rendering one of the first applications of a test for improper “discount bundling.”

  • September 20, 2018

    OSU Exec Defends Amateurism Amid Coach Salary Scrutiny

    Ohio State University athletic director Eugene Smith defended NCAA rules limiting student compensation during a landmark antitrust trial Thursday in California federal court, testifying that paying athletes would force the department to cut certain sports, while conceding that the school's coaches collectively earn more than $30 million in salaries and benefits annually.

  • September 20, 2018

    HTC Says Ericsson Waived Arbitration In SEP Royalties Row

    HTC America Inc. urged a Texas federal court on Thursday to deny Ericsson Inc.'s bid to arbitrate claims that the Swedish telecommunications company overcharged for aging standard-essential patents, saying Ericsson waived its right to force arbitration of the dispute.

  • September 20, 2018

    HP Inks $1.5M Deal In Cartridge Monopoly Suit

    Hewlett Packard Co. will pay a class of printer customers $1.5 million, not including attorneys' fees, to resolve allegations over phony error messages that popped up when users tried to install third-party ink cartridges, under a settlement proposed Tuesday in California federal court.

  • September 20, 2018

    AT&T-Time Warner Ruling Was Correct, DC Circ. Told

    AT&T told the D.C. Circuit on Thursday that a lower court correctly ruled that the U.S. Department of Justice did not demonstrate how its $85.4 billion purchase of Time Warner Inc. would increase wholesale prices for distributors and retail rates for consumers.

  • September 20, 2018

    EU Finds Italy In Hot Water Over Port Project Grants

    Italy broke European state aid rules by granting the Naples port authority €44 million ($52 million) to refurbish the city’s dry docks for the benefit of the country’s shipbuilding industry, but delays in collecting port concession fees didn’t violate rules, the EU said Thursday.

Expert Analysis

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • 5 Global Merger Control Developments You Need To Know

    Jason Cruise

    Merger news from the first half of 2018 reflects a global trend toward alignment of enforcement on the national level and on the regional level, say attorneys with Latham & Watkins LLP.

  • 2 Takeaways From The AT&T-Time Warner Ruling

    Nathaniel Wackman

    A D.C. federal judge's decision last month in United States v. AT&T contains important insights that will be influential well beyond the confines of the now-completed $85 billion merger between AT&T and Time Warner, say Nathaniel Wackman and Lee Van Voorhis of Jenner & Block LLP.

  • Trends In Securities Cases Based On Antitrust Allegations

    Samuel Groner

    Increasingly, a company’s disclosure of the existence of investigations into allegedly anti-competitive conduct has triggered securities class action litigation. But recent court decisions have made clear that plaintiffs must do more than simply allege the existence of an investigation, say Samuel Groner and Andrew Cashmore of Fried Frank Harris Shriver & Jacobson LLP.

  • What The AbbVie Decision Says About Sham Patent Cases

    Leslie John

    The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.