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Competition

  • June 20, 2019

    FTC Commissioner Wants To Bring The Hard Merger Cases

    Commissioner Rebecca Kelly Slaughter of the Federal Trade Commission said Thursday that the agency should sue to block deals it believes are anti-competitive, even if there's doubt the challenge will be successful.

  • June 19, 2019

    State AGs In Dicey Waters With Sprint-T-Mobile Challenge

    A federal court in New York will hold its first hearing Friday in a lawsuit filed by a contingent of states seeking to block the merger of Sprint and T-Mobile. And while the case is still in its early stages, it’s becoming clear that its direction will largely depend on the U.S. Department of Justice’s review of the deal.

  • June 19, 2019

    Germany’s Historic Race Track Was Sold Fairly, EU Court Says

    A European court Wednesday affirmed that the closely watched sale of Germany's most famous race track Nürburgring was on the up-and-up, shutting down complaints from an unsuccessful bidder and a motorsport trade association that the process was unclear and unfair.

  • June 19, 2019

    Colo. AG Deal Spares FTC 2-2 Split On UnitedHealth Merger

    The Federal Trade Commission nearly deadlocked Wednesday on a deal that cleared UnitedHealth Group health services subsidiary Optum’s $4.3 billion purchase of DaVita’s independent medical clinic operator, with the logjam cleared only because of a separate deal between the companies and Colorado’s attorney general.

  • June 19, 2019

    Qualcomm Says FTC Wrong To Fight Stay Of Antitrust Ruling

    Qualcomm hit back against the Federal Trade Commission on Tuesday as it again urged a California federal judge to stay her blockbuster antitrust decision against Qualcomm’s high-tech chip licensing practices pending an appeal to the Ninth Circuit.

  • June 19, 2019

    European Comm. Approves €431M German Emissions Plan

    The European Commission said Wednesday that it would approve a €431 million ($484 million) plan by Germany to overhaul municipal and commercial diesel vehicles in order to reduce nitrogen oxide emissions.

  • June 19, 2019

    Amphastar To Get $60M In Settlement With Rivals

    Amphastar Pharmaceuticals Inc. announced Wednesday it will receive nearly $60 million from two rival drug companies as part of a settlement to resolve an antitrust and patent suit.

  • June 19, 2019

    Seafood Wholesaler's 'Draconian' Noncompete Too Broad

    A frozen seafood wholesaler's noncompete agreement against a former sales associate cannot be enforced because it is so broad he'd have to move to a different continent to find new seafood industry work, an Illinois state appellate panel ruled Monday.

  • June 18, 2019

    Wells Fargo Dodges Philly, Baltimore Bond Rate-Rigging Suit

    Philadelphia and Baltimore officials agreed in New York federal court Monday to let Wells Fargo out of their suit accusing several financial institutions of conspiring to inflate the interest rates on bonds used to fund major municipal projects.

  • June 18, 2019

    COPA Hospital Mergers Take Heat From FTC, State Regulators

    The head of the Federal Trade Commission said Tuesday he’s skeptical of the Certificates of Public Advantage programs, state mechanisms that let local hospital mergers move forward without federal oversight, garnering support from two state antitrust regulators at an agency workshop who agreed the process can be abused. 

  • June 18, 2019

    Receipt Paper Merger Dropped Amid UK Probe

    Receipt paper and label maker Iconex LLC dropped a planned deal on Tuesday to purchase a pair of suppliers from Hansol Paper after the U.K.'s competition enforcer raised concerns about the move last week.

  • June 18, 2019

    Was A $5M Fine Just The Cost Of Closing A $6B Deal?

    When the Federal Trade Commission and the U.S. Department of Justice announced that Canon and Toshiba would pay $2.5 million each to settle allegations they deliberately skirted obligations to report Canon's $6 billion purchase of Toshiba Medical Systems, the agencies pronounced it a stern warning to others who might be tempted to close mergers without providing the obligatory disclosure.

  • June 18, 2019

    Deals Rumor Mill: Dish, Chi-Med, NiSource

    Dish Network is said to be close to dropping $6 billion to buy assets from Sprint and T-Mobile, Hutchison China MediTech has reportedly postponed the launch of a planned Hong Kong listing, and NiSource is said to be considering selling a subsidiary tied to last year’s deadly pipeline explosions in Massachusetts.

  • June 18, 2019

    Asacol Buyers Say Product-Hopping Suit Requires Trial

    Buyers of Allergan's ulcerative colitis drugs have told a Massachusetts federal court that they were coerced into paying for higher-priced medication when the company blocked a generic drug from the market, which they say is enough to push their antitrust case to trial.

  • June 18, 2019

    DOJ Talks Show Broadcast Definition Must Change, NAB Says

    Two days of discussion at the U.S. Department of Justice yielded further evidence that antitrust enforcers are needlessly stopping broadcast deals because they are clinging to an outdated view of how stations stack up against online platforms, the National Association of Broadcasters said in its latest comments to the regulator.

  • June 18, 2019

    UK Says Illumina's $1B Genomic Sequencing Deal Problematic

    The U.K.'s competition enforcer said Tuesday that DNA-sequencing company Illumina Inc.'s planned $1.2 billion purchase of Pacific Biosciences of California Inc. raises concerns about the supply of gene sequencing systems in the country.

  • June 18, 2019

    Antitrust Watchdog Accuses Drug Suppliers Of Market Fixing

    Four pharmaceutical companies broke U.K. competition law when they agreed to fix the quantities and prices of the supply of an antidepressant drug, which caused the National Health Service's spending on the tablets to peak to £38 million ($47.7 million), Britain's antitrust regulator said Tuesday.

  • June 18, 2019

    Romania Can Pay $250M Arbitral Award, EU Court Says

    A European court on Tuesday annulled the European Commission's ruling barring Romania from paying a $250 million arbitral award to two Swedish food industry investors, concluding the award could not be considered illegal state aid since Romania hadn't yet acceded to the EU at the relevant time.

  • June 17, 2019

    DOJ Settles Antitrust Suits With CBS, Fox Over Info Sharing

    The U.S. Department of Justice reached settlements with CBS Corp., Cox Enterprises Inc., The E.W. Scripps Co., Fox Corp. and TEGNA Inc. to end claims by its Antitrust Division in D.C. federal court that the companies shared pacing information, the agency announced Monday.

  • June 17, 2019

    UK Probes Competition In Scottish Legal Industry

    The U.K.'s competition enforcer said Monday that it is studying the legal services industry in Scotland to determine if enough competition exists among providers after a report recommended setting up a single independent body to regulate the legal profession there.

  • June 17, 2019

    German Car Cos. Ditch Buyers' Antitrust Conspiracy Claims

    A California federal judge on Monday dumped multidistrict litigation alleging German auto giants ran a decadeslong "whole car" conspiracy, saying the consumers' vague claims aren't enough to show any U.S. antitrust law violations, while still giving them another shot to amend their claims.

  • June 17, 2019

    Jimmy John's Challenges Legal Standard In No-Poach Case

    Jimmy John's asked an Illinois federal judge Friday to let it challenge her reasons for forcing it to face antitrust allegations over no-poach provisions in its franchise agreements, saying the appeal could significantly advance its case and several similar ones nationwide.

  • June 17, 2019

    Capacitor Makers Seek Win On Direct Buyers' Price Claims

    More than a dozen overseas capacitor manufacturers are looking to toss direct buyers’ claims that the companies plotted for years to boost the price of the electrical part, arguing the estimated 1,800-member purchaser class can’t prove the alleged conspiracy affected each buyer the same way.

  • June 17, 2019

    Recycling Co. Asks 9th Circ. To Make Reno Face Antitrust Suit

    A Nevada recycling company has asked the Ninth Circuit to overturn a ruling by a federal judge that dismissed its lawsuit against rivals and the city of Reno for allegedly monopolizing the market for recyclable materials.

  • June 17, 2019

    Canada Watchdog Challenges PE Firm's Software Maker Buy

    Canada’s competition enforcer said Monday it is challenging private equity firm Thoma Bravo’s recent acquisition of oil and gas software provider Aucerna over concerns about its ownership of a competing company.

Expert Analysis

  • The Role Of Risk Aversion In Reverse-Payment Agreements

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    Contrary to the proposition that brand-name companies’ risk aversion is the chief reason for reverse payments, economic research shows that it is the risk aversion of the generic company that can facilitate partial settlement agreements with reverse payments, says Wenqing Li of Epsilon Economics.

  • Resale Price Maintenance Policies A Century After Colgate

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    This weekend marks the 100th anniversary of the U.S. Supreme Court's resale price maintenance decision in U.S. v. Colgate. Today, there is much confusion among product manufacturers on the legality of resale price maintenance, but unilateral pricing policies continue to be the safest and most effective form — just as in the wake of Colgate, say attorneys at K&L Gates.

  • Opinion

    Huawei Ban Creates Challenge For Int'l Antitrust Enforcement

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    As illustrated by Google's decision to suspend all business with Huawei, recent White House trade restrictions may have opened a Pandora's box that threatens to shake the foundations of effective competition and consumer welfare well beyond the United States' borders, says Christian Peeters at DWF.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • App Store Opinion Returns Antitrust Enforcement To Its Roots

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    In Apple v. Pepper, the U.S. Supreme Court recently reined in the decades-old "direct purchaser" rule for antitrust claims and reinforced the importance of private antitrust enforcement in the process. But the ruling did not go as far as it could have, says Lauren Weinstein at MoloLamken.

  • Latest Mastercard Ruling Is A Milestone For UK Class Actions

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    A London appeals court recently revived a £14 billion proposed class action against Mastercard for charging high credit card fees, which represents a fillip for consumers in the ultimate David vs. Goliath contest but is not a slingshot to success just yet, say attorneys at FaegreBD.

  • Pharmaceutical Antitrust Legislation To Watch

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    Congress is currently considering a number of bills that address drug prices by focusing on pharmaceutical and biologics competition, with a particular emphasis on conduct that may be perceived to delay competitive entry, say attorneys at Wilson Sonsini.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • What Antitrust Attys Need To Know About Labor Monopsony

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    Economists for a long time assumed that labor markets are competitive and do not pose any problems for antitrust law. But new research has shown that this assumption is wildly inaccurate, says Eric Posner of MoloLamken.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • Opinion

    FTC V. Qualcomm Should Be Viewed Through A Wider Lens

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    The U.S. Department of Justice recently stated that a remedy in Federal Trade Commission v. Qualcomm, pending in the Northern District of California, “should work as little injury as possible to other public policies.” The DOJ’s counsel gains added force from provocative evidence in the foreshortened Apple-Qualcomm licensing trial in the Southern District of California, says professor David Teece of the University of California, Berkeley.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

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