Competition

  • July 08, 2020

    Revised CRT Deals Totaling $521M Get OK Despite Objections

    A California federal judge said Wednesday he'll approve revised settlements totaling more than $521 million to resolve price-fixing claims by indirect purchasers of cathode ray tubes against Samsung and other electronics companies, despite objections from certain CRT buyers who claim they were wrongly excluded from the settlement class.

  • July 08, 2020

    Rhapsody, iHeart Dropped From Music Industry Boycott Suit

    A music rights organization run by a 21-year-old self-described "musical prodigy" dropped its group boycott allegations Wednesday against iHeartMedia, a week after dropping claims against Rhapsody that still remain pending against Apple, Amazon, Google, Spotify and others, including music licensing coordinators.

  • July 08, 2020

    Broker Fee Antitrust Fight Belongs In Arbitration, 8th Circ. Told

    The Eighth Circuit should reverse a ruling that would force a real estate brokerage to face proposed antitrust class claims accusing it of charging inflated fees, and instead let the company drag the dispute into arbitration, the firm has said.

  • July 08, 2020

    'What About Federalism?' Judge Asks In 11th Circ. Dental Suit

    The chief of the U.S. Department of Justice's Antitrust Division urged the Eleventh Circuit on Wednesday not to reverse a ruling denying members of Alabama's dental examiners regulator with immunity from a SmileDirectClub antitrust suit, but faced questioning over states' rights.

  • July 08, 2020

    Food Lion Defends Suit Over Dairy Co-Op's Dean Foods Deal

    Food Lion LLC has urged a North Carolina federal court not to toss its suit targeting the acquisition of three processing facilities by Dairy Farmers of America from bankrupt milk producer Dean Foods, arguing that the antitrust laws are supposed to be forward-looking.

  • July 08, 2020

    Egg Buyers Ask 3rd Circ. To Rehear Price-Fixing Appeal

    Egg buyers have urged the Third Circuit to reconsider its precedential opinion not to revive their antitrust case against a major producer that allegedly conspired to reduce the supply of eggs, telling the appeals court that its decision went against "a century of precedent."

  • July 08, 2020

    Fortress Ducks Apple And Intel's Patent Scheme Suit, For Now

    A California federal judge has granted a government-backed bid from Fortress Investment Group LLC to escape, at least for now, allegations from Apple and Intel that the investment management firm is orchestrating an anti-competitive patent aggregation scheme.

  • July 08, 2020

    Wholesaler Dropped As Lead In ADHD Drug Antitrust Suit

    A Massachusetts federal judge disqualified wholesaler Rochester Drug Co-Operative from leading a class of direct purchasers accusing pharmaceutical companies Actavis and Shire of conspiring to delay sales of a generic version of the ADHD medication Intuniv.

  • July 08, 2020

    EU Gives Thumbs Up To Germany's €500B COVID-19 Aid Plan

    Europe's antitrust regulator has greenlighted Germany's plans to set up a €500 billion ($566 billion) fund to help keep afloat companies in the country that are struggling under the economic weight of the coronavirus pandemic.

  • July 08, 2020

    Wyoming Says FTC Ignores 'Real World' In Fighting Coal Deal

    The state of Wyoming has urged a Missouri federal judge to reject the Federal Trade Commission's challenge to a joint venture between Arch Coal and Peabody, saying the FTC has failed to recognize how the market works and that stopping the merger will cause harm to the state's coal industry.

  • July 08, 2020

    Cheerleading Gym Drops Antitrust Suit Against Governing Org

    A California competitive cheerleading gym on Tuesday dropped a proposed class action accusing sports giant Varsity Brands LLC and the sport's governing body, U.S. All Star Federation Inc., of working together to monopolize the all-star cheer competition and apparel market.

  • July 08, 2020

    Infineon Gets EU Chip Cartel Fine Cut By €6M

    A European Union court on Wednesday cut nearly €6 million ($6.7 million) from a fine against Infineon Technologies AG for participating in a smart card chip cartel, concluding the bloc's competition enforcer didn't prove the German manufacturer had collusive contacts with a Japanese counterpart.

  • July 07, 2020

    Bull Semen Co. Wants $5M In Fees From Antitrust Trial Win

    Wisconsin bull semen producer ABS Global Inc. asked a federal judge to award it $5 million in legal fees for winning an antitrust claim against a semen processor for monopolizing the U.S. market for sorting semen by sex, asking the judge to also slash millions in patent royalty damages.

  • July 07, 2020

    FTC Fights Shkreli's Bid To Duck Monopolization Case

    The Federal Trade Commission and a contingent of states have urged a New York federal court not to toss their suit accusing former pharmaceutical executive Martin Shkreli and a company he founded of monopolizing the market for a lifesaving drug used to treat parasitic infections.

  • July 07, 2020

    Merck, Glenmark Implore Court To Reject Zetia Class Cert.

    Merck and Glenmark Pharmaceuticals are trying to convince a Virginia federal court to smack down a magistrate's recommendation to certify a class of direct purchasers who have accused the duo of conspiring to keep a generic version of the cholesterol drug Zetia off the market.

  • July 07, 2020

    Haiti Wants Out Of Price-Fixing Class Action

    Haiti's president and his two predecessors have asked a New York federal judge to toss a proposed class action that alleges they, the Haitian government and a telecommunications provider in Haiti ran a price-fixing scheme on international phone calls and money transfers, arguing that these claims lack jurisdiction like the others that were already dismissed.

  • July 07, 2020

    Zillow Calls 3 Strikes On NJ Home Seller's Antitrust Suit

    An investment vehicle created to flip a luxury New Jersey house has had multiple chances to fix its antitrust claims against Zillow after previous dismissals only to leave them "substantively unchanged," the house-shopping service told a federal judge Monday.

  • July 07, 2020

    NCAA Appealing 9th Circ. Athlete Pay Ruling To High Court

    The NCAA has told the Ninth Circuit it intends to ask the U.S. Supreme Court to review a recent ruling in an antitrust case that struck down caps to education-related benefits for college athletes, saying it "opens the door to massive cash payments."

  • July 07, 2020

    Revive Free Speech Case Against Tech Cos., DC Circ. Told

    The conservative group Freedom Watch and activist Laura Loomer have urged the full D.C. Circuit bench to resurrect their $1.5 billion antitrust and First Amendment claims accusing Google, Facebook, Twitter and Apple of conspiring to suppress conservative viewpoints on their platforms.

  • July 07, 2020

    Drivers Fight Trucking Cos.' Bid To Nix Antitrust Claims

    A proposed nationwide class of truck drivers has urged a California federal judge to reject a request to toss their antitrust claims against four trucking companies, saying Monday that the companies' bid was already rebuffed by the court.

  • July 07, 2020

    Ex-JPMorgan Trader Can't Ditch Forex-Rigging Conviction

    A former JPMorgan trader's conviction for scheming with the competition to fix prices in the foreign currency market remains intact after a Manhattan federal judge said the evidence at trial was more than enough to support the verdict.

  • July 07, 2020

    Truck Makers Parry UK Damages Claim In Cartel Suit

    Fiat Chrysler and Italian truck maker Iveco have refused to admit that they'll owe a rival automaker compensation should a London court award damages in the wake of a massive price-fixing scandal that allegedly stuck businesses and consumers with inflated costs.

  • July 07, 2020

    Trading Systems Merger Could Raise Prices, Watchdog Warns

    A merger between two leading providers of electronic trading services for foreign-exchange and bond trading could potentially raise prices for consumers, the Competition and Markets Authority said Tuesday.

  • July 06, 2020

    Food Packaging Co. Asks 8th Circ. To Rehear Antitrust Suit

    A company that makes packaging for microwavable food has asked the Eighth Circuit for a rehearing after the court refused to revive its suit accusing a larger rival of monopolizing the market through sham patent litigation and illegal sales practices.

  • July 06, 2020

    Electronics Co. Can't Duck Price-Fix Suit Over US Notice

    A Texas federal judge refused Sunday to cut a Japanese electronics company from a suit accusing tech firms of jacking up the cost of licensing their mobile technology patents, finding the company had been properly served with the complaint through its U.S. subsidiary.

Expert Analysis

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • High Court SEC Disgorgement Ruling Doesn't Empower FTC

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    While the Federal Trade Commission has expressed that the U.S. Supreme Court's recent decision in Liu v. U.S. Securities and Exchange Commission supports its asserted disgorgement power, the court's reasoning only underscores why the FTC does not have the power to obtain disgorgement in antitrust and consumer protection cases, say Stephen McIntyre and Sophie Tarazi at O'Melveny.

  • Cannabis Industry Mergers May Soon Face Less DOJ Scrutiny

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    Cannabis companies should expect that transactions will likely no longer be held to the almost impossibly high antitrust bar that Attorney General William Barr set for them last year, following the adverse publicity associated with recent testimony before the Senate Judiciary Committee, say attorneys at Manatt.

  • Opinion

    Consumer Perception Is King After Booking.com Decision

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    Following the U.S. Supreme Court's recent Booking.com ruling, practitioners should employ all forms of consumer perception evidence at their disposal when demonstrating that consumers understand an arguably generic term to be a brand, say David Bernstein and Jared Kagan at Debevoise.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • Key Antitrust Considerations For Upcoming Bankruptcy Sales

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    There is likely to be a pandemic-related increase in acquisitions of companies or assets out of bankruptcy, and it is important to recognize that it is not atypical for the antitrust authorities to investigate and even challenge these transactions, say attorneys at Arnold & Porter.

  • Assessing The New DOJ, FTC Vertical Merger Guidelines

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    The vertical merger guidelines recently issued by the Federal Trade Commission and U.S. Department of Justice offer few details on agency determination of industrywide average retail price and lack clarity on remedies, so the forthcoming agency commentary should fill in the holes, say Koren Wong-Ervin and John Harkrider at Axinn.

  • How Cannabis Cos. Can Address Enhanced Antitrust Scrutiny

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    Cannabis businesses should consider the antitrust implications of deals and transactions, discussions with competitors, and participation in trade associations in light of recent whistleblower claims that Attorney General William Barr has targeted the industry for unwarranted scrutiny, say attorneys at Jenner & Block.

  • How Therapeutic Formulations Affect Medical Device Patents

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    Two recent cases from the U.S. Patent and Trademark Office and the First Circuit provide important insight into how the presence or absence of therapeutic formulations in medical device patent claims can affect patentability, Orange Book listing eligibility, product life cycle management and potential antitrust liability, say attorneys at Wilson Sonsini.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Indirect Purchaser Antitrust Standing Heads In New Direction

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    The applicability of the U.S. Supreme Court's 1983 Associated General Contractors indirect purchaser price-fixing decision to antitrust standing under state law continues to evolve, with some decisions that may portend diminished application, say Chris Micheletti and James Dugan at Zelle.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Trade Groups Face Antitrust Questions In Pandemic Response

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    Three recent business review letters from the U.S. Department of Justice's Antitrust Division provide some guidance to trade associations and professional societies in assisting members with coronavirus-related issues without violating antitrust laws, say Steven Fellman and Richard Bar at GKG Law.

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