Competition

  • December 18, 2017

    EU Court Won't Let US Intervene In Apple's $15B Tax Appeal

    The European Union's General Court on Friday rejected a bid by the U.S. to intervene in the appeal of the European Commission's decision that Apple Inc. owes €13 billion ($15.5 billion) in taxes to Ireland, saying the U.S. hasn't produced evidence that repatriation of profits to the U.S. is established.

  • December 18, 2017

    Fox Wants Docs Protected In AT&T Merger Challenge

    Media conglomerate 21st Century Fox on Friday waded into the government’s challenge of the proposed $85 billion deal between AT&T and Time Warner Inc., asking a D.C. federal judge for additional protection of highly-sensitive contract information it handed the U.S. Department of Justice during a review of the potential merger.

  • December 18, 2017

    EU Investigating Dutch Tax Treatment Of Ikea Subsidiaries

    The European Commission has launched an investigation into tax rulings granted to Ikea subsidiaries in the Netherlands that may have given the companies an unfair advantage in the country, the commission announced Monday.

  • December 18, 2017

    Competition Authority Fines Swiss Post $23M Over Discounts

    Switzerland's competition authority on Monday fined the national postal carrier 22.6 million Swiss francs ($22.9 million) for allegedly providing large-scale customers discounts that violated antitrust law.

  • December 15, 2017

    Bayer, Belmora Spar Over TM, Antitrust Bids In Flanax Feud

    The dispute over the pain reliever Flanax continued in Virginia federal court Friday, with the two sides offering dueling arguments for summary judgment on Bayer AG's trademark claims and Belmora LLC's antitrust counterclaims.

  • December 15, 2017

    6th Circ. Asked To Ax Tesla Info Grab In Direct Sales Row

    Three Michigan auto dealers made moves Friday to get the Sixth Circuit to let them off the hook of having to give Tesla information about their lobbying efforts supporting a state ban on car manufacturers selling vehicles directly to consumers.

  • December 15, 2017

    Pearson Simon, Burns Charest To Lead German Auto MDL

    A California federal judge on Thursday picked attorneys from Pearson Simon & Warshaw LLP and Burns Charest LLP as co-lead counsel for plaintiffs in multidistrict litigation accusing Audi, BMW, Volkswagen and other German automakers of a decadeslong antitrust conspiracy covering car technology, costs, suppliers and emissions equipment.

  • December 15, 2017

    Amazon Pays Italy €100M To Settle Tax Claims

    The Italian revenue agency Agenzia delle Entrate said on Friday it reached an agreement with Amazon.com Inc., in which the online retailer will settle allegations that it avoided paying taxes in the country.

  • December 15, 2017

    US Soccer Tells 2nd. Circ. League's Woes 'Self-Inflicted'

    The U.S. Soccer Federation told a Second Circuit panel Friday that soccer in the U.S. has seen “unprecedented success and growth” under the organization's league standards and urged the court to reject the North American Soccer League’s bid to stop the federation from bumping it down to third-tier status, a move the NASL says will force it out of business.​

  • December 15, 2017

    A Chat With Orrick COO Laura Saklad

    In this new monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The first conversation is with Laura Saklad, chief operations officer for Orrick Herrington & Sutcliffe LLP.

  • December 15, 2017

    Luxembourg To Appeal €250M Amazon Tax Recovery Order

    Luxembourg’s finance ministry said Friday that it had decided to appeal a state aid decision handed down by the European Union’s antitrust enforcer earlier this year that ordered the country to recover €250 million ($294 million) in corporate income taxes from Amazon.com Inc.

  • December 15, 2017

    Topgolf Tech Co. Buy Harmed Competition, 5th Circ. Told

    Golf driving range and entertainment venue Sureshot Golf Ventures Inc. on Thursday urged the Fifth Circuit to revive a lawsuit alleging that competitor Topgolf International Inc. unfairly shut it out of the market by purchasing a golf ball tracking technology company used by Sureshot, saying the move was monopolistic and harmed competition.

  • December 15, 2017

    MVP: Quinn Emanuel's Stephen Neuwirth

    Quinn Emanuel Urquhart & Sullivan LLP’s Stephen Neuwirth scored major victories for clients in both class and nonclass antitrust matters over the last year, including another settlement for egg purchasers and a win for the Washington Nationals in a dispute with the Baltimore Orioles, landing him a spot among Law360's 2017 Competition MVPs.

  • December 15, 2017

    Doctor Certification Group Sheds Antitrust Case

    A nonprofit that oversees a group of medical specialty certification boards has not violated antitrust laws by teaming up with a hospital accreditation company to ensure hospital doctors are certified by its members, an Illinois federal judge has ruled.

  • December 14, 2017

    Retailers, Policy Orgs. Back Gov’t In AmEx High Court Fight

    A trove of retailers and public interest groups Thursday urged the U.S. Supreme Court to reverse a ruling that upheld the legality of American Express' anti-steering provisions, which they said spells disaster for consumers and competition law alike.

  • December 14, 2017

    Appeal Says Fla. Ignored Rules In Hospice License Denial

    A Florida appeals court on Thursday weighed whether the state Agency for Health Care Administration properly considered the presence of a regional monopoly in hospice services when it denied “certificate of need” approval to a provider seeking to start a new program in Sarasota County.

  • December 14, 2017

    DOJ Antitrust Official Wary Of Regulatory Approach To Data

    A top U.S. Department of Justice antitrust official voiced skepticism Thursday of calls to force companies to share their data, but conceded that in “narrow circumstances,” it may be appropriate to bring a challenge over a company's refusal to deal with its competitors.

  • December 14, 2017

    Ex-Deutsche Traders' Libor Trial Delayed By Taint Inquiry

    A frustrated Manhattan federal judge on Thursday pushed the criminal trial of two former Deutsche Bank traders from early to mid-2018, making more time to examine whether the London Interbank Offered Rate rigging case was tainted by testimony compelled in the U.K.

  • December 14, 2017

    Startups Need Education On CFIUS Triggers, House Panel Told

    The government must work to educate tech startups on potential national security and Committee on Foreign Investment in the United States oversight issues raised by early stage investments from foreign companies, a former high-ranking Treasury Department official now with WilmerHale told the House Financial Services Committee on Thursday.

  • December 14, 2017

    Questions Linger For SFO Amid Reforms, Hunt For New Head

    After years of questions about its future, the U.K.'s Serious Fraud Office won a reprieve this week as the government began hunting for the agency's new leader amid a broader plan to get more aggressive on economic crime. But questions remain about just how independent the prosecutor would be once the government creates a new white collar crime fighter.

Expert Analysis

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Learning From DOJ’s Parker Hannifin Merger Challenge

    Jack Sidorov

    The U.S. Department of Justice's recent lawsuit challenging Parker Hannifin’s consummated acquisition of Clarcor serves as an important reminder that the agencies can — and in some limited instances will — challenge consummated transactions that were reported to them under the Hart-Scott-Rodino Act, says Jack Sidorov of Lowenstein Sandler LLP.

  • How Conduct Abroad Impacts Health Care Business In US

    Alison Fethke

    Given the uptick in global awareness and enforcement of anti-bribery and corruption laws, most U.S.-based health care companies are attuned to the risks associated with legal infractions caused by their operations and conduct abroad. However, such ex-U.S. activities may also impact health care companies’ ability to conduct business within the U.S., say attorneys with Ropes & Gray LLP.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Merger Enforcement Takeaways From 5 Recent Cases

    Debbie Feinstein

    Despite a number of key federal antitrust posts remaining vacant, the antitrust authorities have remained quite active. Here, attorneys with Arnold & Porter Kaye Scholer LLP discuss five recent transactions and what those cases mean for merger enforcement in the United States in the coming months and years.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Interlocking Directorates — Not Just A Section 8 Issue

    Pat Pascarella

    We regularly receive queries from clients regarding the legality of director interlocks under Section 8 of the Clayton Act. But another important question to consider is the potential risk created by interlocking directors under Section 1 of the Sherman Act or Section 5 of the Federal Trade Commission Act, say Pat Pascarella and Nate Newman of Tucker Ellis LLP.