Competition

  • June 25, 2020

    Jones Day Expands Antitrust, White Collar Practices In Calif.

    Jones Day announced Wednesday it has hired a former Federal Trade Commission attorney and a former federal prosecutor to strengthen the firm's antitrust and white collar defense practices in California.

  • June 25, 2020

    Sens. Advance Bill To Have Watchdog Probe DOJ Attys

    Over its chairman's objection, the Senate Judiciary Committee on Thursday cleared a bipartisan bill that would allow the Justice Department's watchdog to investigate its lawyers, including prosecutorial decisions in antitrust matters and criminal cases against President Donald Trump's allies.

  • June 25, 2020

    Constellation Sells Brandy, Wine Brands In 2 Deals For $385M

    Constellation Brands said Thursday that it has agreed to sell its Paul Masson Grande Amber Brandy brand and its Nobilo Wine brand in two deals totaling $385 million, as part of an ongoing plan by the alcohol giant to pare down its portfolio.

  • June 24, 2020

    Cigarillo Co. Seeks To Revive $44M Verdict Against Swisher

    A cigarillo company has urged a California federal judge to reinstate its $44.4 million antitrust win against industry giant Swisher, saying a decision last year to dash the jury verdict was based on incomplete information about documents furnished for trial.

  • June 24, 2020

    Ex-Stone Prosecutor Says DOJ Cut Trump Confidant A 'Break'

    A federal prosecutor who helped get Roger Stone convicted told lawmakers Wednesday the U.S. Department of Justice violated ethical norms by pressuring career staffers to cut the Trump adviser a "break" and slash their recommendation for prison time.

  • June 24, 2020

    Dems Ramp Up Pressure Over DOJ Antitrust 'Politicization'

    Wednesday's House Judiciary Committee hearing on alleged politicization at the U.S. Department of Justice may be just the beginning after a group of Senate Democrats called for further probes into the "damning" accusations over Antitrust Division investigations of cannabis mergers and California's emissions deal with automakers.

  • June 24, 2020

    Calif. AG Seeks To Force Uber, Lyft To Reclassify Drivers

    California's attorney general and a group of city attorneys suing Uber and Lyft over their business models announced Wednesday they would seek a preliminary injunction to immediately force the companies to classify their drivers as employees and not independent contractors.

  • June 24, 2020

    Brazil Halts Cielo Payments Through Facebook's WhatsApp

    Brazil's competition enforcer said Wednesday it has temporarily blocked a partnership between Facebook and credit card company Cielo that would allow payments to be made through WhatsApp over concerns about how it could impact the market.

  • June 24, 2020

    Under Armour Wants Activewear Tech Antitrust Suit Shredded

    A textile spray manufacturer has no grounds to pursue an antitrust and false advertising complaint against Under Armour, the sportswear company told a Pennsylvania federal judge Tuesday.

  • June 24, 2020

    5 Firms Rework $4.6B Trash Biz Buyout, Asset Sale

    Waste Management and Advanced Disposal Services said Wednesday they chopped the value of their planned tie-up to $4.6 billion and lined up a divestiture to help gain regulatory approval for the deal, a pair of moves shaped by five law firms. 

  • June 24, 2020

    Amazon Can Invest In Deliveroo Despite CMA Flip On Findings

    The U.K.'s competition enforcer said Wednesday it no longer believes British food delivery company Deliveroo would fail due to upheaval in the restaurant industry caused by the COVID-19 pandemic without a recent investment from Amazon but found that the move won't hurt competition anyway.

  • June 24, 2020

    Juul, Altria Want Gov't Suits Tossed In Vaping MDL

    Juul Labs Inc. and Altria Group Inc. are asking the California federal court overseeing multidistrict litigation over vaping to throw out claims from seven government entities, saying they have failed to link their public nuisance claims to anything the companies have done.

  • June 24, 2020

    How Trump Forever Changed Judicial Nominations

    President Donald Trump notched his 200th confirmation to the federal courts faster than any predecessor in the last 40 years, cementing a conservative imprint that will last for decades and redefining the judicial selection process in ways likely to outlast his administration.

  • June 23, 2020

    Bayer Foe Blocked From Serving Docs Via Email Amid Virus

    A California federal judge overseeing a $114 million antitrust case against U.S.-based Bayer HealthCare LLC ruled Tuesday that the COVID-19 pandemic isn't enough reason to allow the generic pet medication company that brought the suit to serve Bayer's German parent company via email.

  • June 23, 2020

    Agencies Hit With FOIA Suit Over Request For DNA Docs

    A New Jersey doctor on Tuesday hit the National Institutes of Health and the U.S. Patent and Trademark Office with a Freedom of Information Act lawsuit, accusing them of unfairly denying his requests for records about Illumina's "monopoly power" in the DNA sequencing market.

  • June 23, 2020

    Barr's Dislike Of Pot Spurred DOJ Probes, Whistleblower Says

    A former leader in the U.S. Department of Justice's Antitrust Division says the division targeted 10 cannabis company mergers for investigation last year because Attorney General Bill Barr does not like the industry.

  • June 23, 2020

    DOJ Takes 'Strained' Approach To CDA Antitrust Immunity

    The U.S. Department of Justice is ramping up the pressure on online platforms that conservatives have accused of censorship, but in looking for examples for why a key immunity from most lawsuits shouldn't apply to antitrust claims, critics say the agency appears to be grasping.

  • June 23, 2020

    InterDigital Calls Lenovo's Antitrust Suit A Retaliatory Move

    InterDigital Technology Corp. told a Delaware federal court that Lenovo's lawsuit accusing it of antitrust violations is just retaliation for its efforts to get the electronics maker to pay a fair licensing fee for standard-essential patents.

  • June 23, 2020

    Germany Can Enforce Facebook Data Collection Order

    Germany's high court has dealt Facebook a blow in a landmark case that connects privacy and antitrust concerns, allowing the country's competition authority to enforce an order requiring the social network to change the way it collects user data.

  • June 23, 2020

    Trucking Cos. Want Driver No-Poach Claims Ditched

    Four trucking companies facing an antitrust suit claiming they conspired to not hire away each other's drivers are urging a California judge to toss the complaint, saying the proposed class action doesn't make enough allegations to move forward.

  • June 23, 2020

    7th Circ. Says Ice Rink's Antitrust Suit Sought 'Impossibility'

    An Illinois federal judge was right to nix an ice rink operator's claim that the state's amateur hockey regulator enforces rules that help it maintain a monopoly over the state's youth hockey market, the Seventh Circuit has said, even if the lower court was right for the wrong reason.

  • June 23, 2020

    FCC Asks For Input On Effects Of Recent T-Mobile Outage

    Making good on vows from its chairman to aggressively investigate a recent T-Mobile network outage, the Federal Communications Commission is asking first responders, businesses and consumers to describe how the temporary shutdown affected them.

  • June 23, 2020

    High Court Told Ruling On Disgorging Profits Sinks FTC Case

    A credit service targeted by the Federal Trade Commission contends that the U.S. Supreme Court underscored the Seventh Circuit's view that the commission lacks the power to order restitution when the justices put their stamp on what qualifies as "equitable relief" earlier this week.

  • June 22, 2020

    Huawei, ZTE Curbing Telecom Innovation, Think Tank Says

    China's telecom equipment industry, led by Huawei and ZTE, sits at the top of the global food chain thanks to help from the country's government, without which the companies would have no more than a "de minimis" share of the market, according to a new report.

  • June 22, 2020

    Mexico's Antitrust Enforcer Challenges Energy Ministry Policy

    Mexico's antitrust enforcement agency said on Monday that it has lodged a complaint with the country's high court over an energy regulation issued last month by the government, contending the policy undermines the principles of competition and free markets.

Expert Analysis

  • Justices' Cert Snub Perpetuates Commodities Act Uncertainty

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    The U.S. Supreme Court's decision Monday not to review Atlantic Trading v. BP means that we will have to wait for another matter to address the Second Circuit's interpretation of tests designed to determine when a Commodity Exchange Act trade occurred domestically, says Katherine Cooper at Murphy & McGonigle.

  • Opinion

    Litigation Finance Investments Are Not Risk-Free Loans

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    The Ninth Circuit's certification order last week in Fast Trak v. Sax presents an important opportunity for the New York high court to affirm the consensus among courts — litigation finance transactions are not loans subject to usury laws, say Wendie Childress and William Marra at Validity Finance.

  • Opinion

    How White Privilege Helped Me Succeed In BigLaw

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    The white, male power structure has eased the path for lawyers like me for far too long, and we should now be responsible for dismantling this systemic bias within the legal industry, says Scott McLaughlin at Eversheds Sutherland.

  • Opinion

    Congress Must Create More Private Rights Of Action

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    In light of the Trump administration's efforts to limit the enforcement of regulations during the pandemic and beyond, and the U.S. Supreme Court's severe limitations on private rights of action, Congress must take swift action, says attorney Todd Phillips.

  • Keys To A Thriving Biz Development Culture At Your Law Firm

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    As law firms continue to experience the economic impact of the COVID-19 crisis, it is more important than ever that they reduce reliance on just a few rainmakers and foster a culture that makes business development a way of life for everyone — from junior associates to senior partners, says Elise Holtzman at The Lawyer's Edge.

  • 1st Circ. Generic-Delay Ruling Isn't Popular With Lower Courts

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    The criticisms that have been levied against the First Circuit's 2018 reversal of class certification in the Asacol pay-for-delay case — from within and outside the circuit — are notable because they rely on not only precedent but also common sense and genuine concern for consumers, say Karin Garvey and Ethan Kaminsky at Labaton Sucharow.

  • What Economics Can Tell Us About COVID-19 Era Price-Fixing

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    As extreme market shifts in supply and demand due to the pandemic expose companies to price-fixing allegations, it is important to assess methods economists commonly use to estimate and overcome challenges to purported overcharges, say Alok Khare and George Derpanopoulos at FTI Consulting.

  • How Video Mediation Can Help Us Serve Clients Better

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    Mediation in recent years has largely devolved into a kind of arbitration without due process — where a mediator reads briefs, decides where the case should settle, and drives parties toward that single-minded result — but online mediation can be steered in a different direction, says mediator Jeff Kichaven.

  • Mental Health Efforts Will Support Diversity In Legal Industry

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    The stigma of discussing mental health struggles during these tough times is especially profound for attorneys of racial and ethnic minorities, but law firms and in-house departments can change the narrative, says Patricia Silva at Lathrop.

  • Opinion

    NBC Sports' Purchase Of EZLinks Deserves Antitrust Scrutiny

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    Applying some of the lessons learned from the 2014 Bazaarvoice case to NBC Sports' acquisition of EZLinks last November would suggest that the antitrust agencies could successfully mount a challenge to this consummated transaction, says Andre Barlow at Doyle Barlow.

  • New Ruling May Aid Syndicated Loan Market Amid Pandemic

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    A New York federal court’s recent holding that syndicated loans are not securities in Kirschner v. J.P. Morgan Chase may head off unnecessary securities litigation concerning the performance of syndicated loans impacted by the COVID-19 crisis at a time when borrowers have a heightened need for liquidity, say attorneys at Cleary.

  • Bid Protest Spotlight: Urgency, Ownership, Timeliness

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    In this month's bid protest roundup, Alissandra Young and Markus Speidel at MoFo examine three May decisions: The Court of Federal Claims addressed a sole-source award for urgently needed parts; and the Government Accountability Office considered proprietary rights in unsolicited proposals and rejection for the untimeliness of hand-delivered proposals.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • 9th Circ. Antitrust Ruling Radically Changes NCAA Sports

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    While a victory for student-athletes, the Ninth Circuit's recent finding that the NCAA violated the Sherman Antitrust Act by restricting grant-in-aid may give schools with wealthy athletic boosters a distinct advantage and make it difficult to maintain a level playing field, say attorneys at Segal McCambridge.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

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