Competition

  • August 14, 2019

    Ocean Spray Wants Outside Farmers Cut From Antitrust Suit

    Ocean Spray pushed back against independent farmers' efforts to stay part of an antitrust suit that accuses the juice giant of depressing cranberry prices, blasting a set of new theories the growers put forward as a "desperate attempt to salvage" their case.

  • August 14, 2019

    Online Pharmacy Co. Hits Industry Orgs With Antitrust Suit

    Online pharmacy verification services company PharmacyChecker.com hit several pharmaceutical associations with an antitrust suit Tuesday in New York federal court, alleging that they reached agreements with online commerce gatekeepers to keep it out of the market.

  • August 14, 2019

    Symantec, Cyber Standards Org Delete Lab's Antitrust Suit

    Symantec and a cybersecurity standards development group have ducked a software lab's boycott claims after a California federal judge concluded the suit couldn't get around the possibility that anti-malware testing standards at the heart of the suit had legitimate justifications.

  • August 14, 2019

    Education Group Urges DOJ To Block Cengage-McGraw Deal

    The Scholarly Publishing and Academic Resources Coalition became the latest group to urge the U.S. Department of Justice to block the proposed merger between college textbook publishing giants Cengage Learning and McGraw-Hill Education, saying Wednesday it would decrease competition and increase book prices for students.

  • August 14, 2019

    Tuna Producers Facing 'Death Knell' With Price-Fixing MDL

    The country's three largest producers of tuna said the recent certification of a consumer class action alleging a long-running scheme to spike prices of canned tuna would push their finances to the breaking point because they already face millions in fines they cannot afford.

  • August 14, 2019

    CBS-Viacom Merger May See Challenges From Unlikely Places

    The merger of CBS and Viacom is the latest megadeal in the media and entertainment space, and although the transaction might not draw enough ire from competition authorities to be blocked, it's still likely to spark litigation from shareholders and content makers.

  • August 14, 2019

    Latest Court Setback Narrows Path To Pay For NCAA Athletes

    The Ninth Circuit this week became the latest court to deal college athletes a setback in their quest to be paid by rejecting claims that a college football player is an employee of the NCAA, a ruling that leaves athletes with few, if any, legal options to push a right to be paid to play college sports.

  • August 14, 2019

    Sabre To DOJ: Sue Us Or We're Closing $360M Farelogix Deal

    Travel-focused technology company Sabre Corp. told the U.S. Department of Justice on Wednesday that it plans to close its $360 million deal for Farelogix next week and that the agency will have to sue if it wants to stop it.

  • August 14, 2019

    Knorr Settles With Workers In Railroad No-Poach Suit

    Knorr-Bremse AG reached a yet-undisclosed settlement in a proposed class action over allegations it had improper agreements with other railroad equipment suppliers not to poach each other’s employees, according to a notice filed Tuesday in Pennsylvania federal court.

  • August 14, 2019

    Drugmaker To Pay £8M To NHS To Settle Antitrust Probe

    A pharmaceuticals company has agreed to pay £8 million ($9.6 million) to the National Health Service for conspiring to drive up drug prices, Britain’s antitrust watchdog said Wednesday — the first such settlement it has secured.

  • August 14, 2019

    FCC Chair Floats Final Sprint/T-Mobile Approval

    The head of the Federal Communications Commission on Wednesday shared a final recommendation to approve the proposed merger of wireless giants Sprint and T-Mobile, saying the step follows "one of the most exhaustive merger reviews in commission history."

  • August 13, 2019

    DuPont Can't Strip Home Depot's Paint Price-Fixing Suit

    Home Depot has presented enough evidence that DuPont and other chemical makers allegedly fixed the price of a key paint ingredient, including a "startling" number of parallel price increases, to survive a summary judgment bid, a California federal judge said in an order unsealed Tuesday.

  • August 13, 2019

    Chancery Says It Doesn't Handle Defamation Claims

    A Delaware vice chancellor said Tuesday that Chancery Court generally doesn't handle defamation claims in an opinion detailing his bench ruling in June that dismissed such a count from Preston Hollow Capital LLC's suit against financial industry giant Nuveen LLC over an alleged smear and boycott conspiracy.

  • August 13, 2019

    France Approves New Streaming Service, With Conditions

    France's competition authority has given the green light to a planned joint venture between the country's largest broadcasters to create a new streaming service, after the companies agreed to commitments that would alleviate competition concerns.

  • August 13, 2019

    Big Banks Get Dozens Of Claims Cut From Libor-Rigging MDL

    Bank of America and a host of other big banks being sued over their alleged role in rigging Libor will face a slimmed-down set of claims after a New York federal judge agreed to honor an agreement made with Freddie Mac and the Federal Deposit Insurance Corp. to cut dozens of claims.

  • August 13, 2019

    9th Circ. Revives DirecTV 'NFL Sunday Ticket' Antitrust MDL

    A split Ninth Circuit panel on Tuesday revived multidistrict litigation challenging an exclusivity agreement between the National Football League and DirecTV over its "NFL Sunday Ticket" package, finding consumers were able to allege the agreement stifles competition by limiting the number of games available to football fans.

  • August 13, 2019

    Sanofi, Novo, Lilly Look To Ditch Minn. AG's Insulin Suit

    Sanofi-Aventis U.S. LLC, Novo Nordisk Inc. and Eli Lilly and Co. urged a New Jersey federal judge Monday to toss the Minnesota attorney general’s insulin pricing lawsuit against them, arguing that the racketeering allegations of deceptive prices are undone by Minnesota law and the state’s own practices.

  • August 13, 2019

    Texas, Tobacco Cos. Battle Over Docs In Settlement Row

    Texas, ITG Brands LLC and R.J. Reynolds have all urged a Texas federal court to knock down competing bids for documents on privilege grounds as they square off over the enforcement of a long-standing settlement tied to tobacco-related health issues. 

  • August 13, 2019

    UK Probes Kohlberg's Purchases Of Packaging Suppliers

    The U.K.’s competition watchdog on Tuesday said it was probing Kohlberg’s acquisitions of a pair of packaging suppliers the New York-based private equity firm said it planned to merge. 

  • August 13, 2019

    Blue Cross Looks To Duck Heart Monitor Co.'s Revived Suit

    Blue Cross Blue Shield urged a Pennsylvania federal court to toss a heart monitor company's suit over the denial of coverage for its devices after the Third Circuit revived the case last year, arguing that the business of insurance is immune from antitrust laws.

  • August 13, 2019

    $31M Capacitor Price-Fixing Deal Gets Preliminary OK

    A California federal judge gave the preliminary green light to a nearly $31 million deal that will allow several capacitor manufacturers, including Panasonic and Sanyo, to settle claims that they schemed with their competitors to hike up the price of the electrical part.

  • August 13, 2019

    FTC Win Irrelevant To 9th Circ. Class Appeal, Qualcomm Says

    The Federal Trade Commission’s antitrust win over Qualcomm has no business in the chipmaker’s Ninth Circuit appeal of class certification for 250 million U.S. phone buyers making similar claims about its licensing practices, the company has said.

  • August 13, 2019

    Investors Float Fixes To 'Problematic' Libor Deal Distribution

    Investors who've secured nearly $182 million in settlements with big banks over allegations of Libor-rigging told a New York federal judge on Monday that their reworked distribution plan fixes problems the judge previously identified.

  • August 13, 2019

    T-Mobile-Sprint Highlights Antitrust Concerns Over Biz Docs

    Comcast and AT&T are not part of T-Mobile's purchase of Sprint but nevertheless have a vested interest in a challenge to the merger thanks to document requests for their confidential information in the case and the common struggle over how to safeguard highly sensitive business information often at the heart of antitrust cases.

  • August 12, 2019

    Investors' Impax Drug Price-Fixing Suit Fails Again

    A California federal judge on Monday again dismissed a shareholder suit alleging generic-drug maker Impax Laboratories Inc. failed to disclose to investors a federal investigation over possibly collusive market activity, finding the shareholders failed to remedy the issues that got their complaint tossed the first time around.

Expert Analysis

  • Retaining Ephemeral Messages To Prepare For DOJ Scrutiny

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    Recent U.S. Department of Justice Antitrust Division cartel investigations have focused on searching evidence from ephemeral messaging platforms. By implementing appropriate safeguards for these messages, companies can make informed decisions about defensive or cooperative strategies in government investigations, say attorneys at Wilson Sonsini.

  • 9 Tips To Ensure Deal Success Under Growing CFIUS Scrutiny

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    Given the renewed and significantly expanded oversight of the Committee on Foreign Investment in the United States on transactions with foreign organizations and investors, certain steps will help companies and their counsel navigate the stringent CFIUS requirements pre- and post-transaction, says Scott Boylan of StoneTurn.

  • Opinion

    DOJ Invokes Flawed Market Definition To Block Print Deal

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    The print industry was dealt a blow this week when the U.S. Department of Justice effectively blocked Quad’s acquisition of LSC based on a market definition that is disconnected from the competitive reality in which the industry operates, says Derek Dahlgren of Rothwell Figg.

  • Opinion

    Do Not Let Sprint Buy All Educational Spectrum Licenses

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    If Sprint is allowed to buy up all Educational Broadband Service frequencies and then merge with T-Mobile, it will have an overwhelming advantage in 4G and 5G wireless broadband and will be able to exploit its market power to loot the value of spectrum held by educational institutions nationwide, says John Schwartz of Voqal.

  • 5 Hard Phrases Lawyers Should Master

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    While Kelly Corrigan's popular book, "Tell Me More: Stories About the 12 Hardest Things I’m Learning to Say," focuses on simple words or phrases that individuals can use to improve their personal lives, attorneys can utilize Corrigan's advice for professional benefit, says Karen Ross of Tucker Ellis.

  • Insights From Recent Cases Considering Waiver Of Privilege

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    In this discussion of developments in the law of privilege, attorneys at Paul Weiss explore three recent federal court cases concerning circumstances that can lead to waiver of protections for work product and attorney-client communication: Barbini v. First Niagara Bank, IQVIA v. Veeva Systems and VR Optics v. Peloton Interactive.

  • And Now A Word From The Panel: 4 MDL Lessons At 40

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    Over the course of this column's 40 installments, the number of individual actions pending in multidistrict litigation proceedings has increased. The MDL process appears to have a magnetic pull to attract new cases at a rapid pace — including cases filed without proper vetting, says Alan Rothman of Arnold & Porter.

  • Rebuttal

    Hindsight Proportionality Is An Illogical And Meaningless Idea

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    A recent Law360 guest article suggests that the Federal Trade Commission's use of purportedly few trial exhibits in FTC v. Qualcomm demonstrates that discovery was not proportional to the needs of the case, but in actuality there is little to be gleaned from the number of trial exhibits, say attorneys at Hausfeld.

  • E-Discovery Experts Could Increase Fed. Court Efficiency

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    As electronic data demands on federal courts continue to increase, it may be time to consider whether the courts should establish an office that could be staffed with technical experts familiar with electronic discovery issues, says Douglas Smith of Kirkland.

  • 4 Things FTC Competition Bureau Looks For In White Papers

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    Most written advocacy to the Bureau of Competition is of an extremely high quality, but sometimes we notice that there’s some room for improvement, says Daniel Francis, an associate director at the Federal Trade Commission's Bureau of Competition.

  • Preinstitution Submissions May Limit Certain ITC Probes

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    Following recent rule changes, U.S. International Trade Commission determinations and decisions by the Federal Circuit, proposed respondents may be able to prevent or limit the scope of ITC Section 337 investigations if they act quickly using various types of preinstitution submissions, says Michael Doane of Miles & Stockbridge.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • 8 Key Elements Of An Effective Antitrust Compliance Program

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    Based on our reading of last week’s antitrust compliance guidance from the U.S. Department of Justice, there are several important factors that organizations should consider as they assess whether their current program is up to snuff, say Herbert Allen and Alexa DiCunzolo at Polsinelli.

  • The DOJ's Changing Expectations For Antitrust Compliance

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    Last week, the U.S. Department of Justice reversed its long-standing policy of insisting on guilty pleas for criminal violations of the antitrust laws from companies that do not otherwise qualify for leniency. This shift opens a new path to deferred prosecution agreements for companies with "effective" antitrust compliance programs, say Renata Hesse, Benjamin Walker and Nicholas Menillo at Sullivan & Cromwell.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

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