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Competition

  • June 12, 2019

    StarKist Says $100M Fine For Tuna Price-Fixing Is Too High

    StarKist Co. told a California federal judge Wednesday that the U.S. Department of Justice's proposed $100 million criminal fine for its role in a multiyear conspiracy to fix prices of canned tuna is too high and could require the tuna company to explore selling off its assets.

  • June 12, 2019

    State AGs Take Aim At 'Creepy' Google, Facebook Monopolies

    Several state attorneys general expressed a keen interest Wednesday in potential antitrust enforcement actions against Google, Facebook and other major technology companies, with one even suggesting a probe may already be underway. 

  • June 12, 2019

    New Bill Would Make It Easier To Invalidate Drug Patents

    A bill introduced Wednesday in the U.S. House of Representatives would mandate that once the first patent on a drug expires, all other patents on it are presumed to be invalid unless the patent owner can prove otherwise, a move proponents say will lower drug prices.

  • June 12, 2019

    DOJ Backs Qualcomm's Appeal Of Phone Buyer Class Cert.

    The U.S. Department of Justice has thrown its support behind Qualcomm as the chipmaker tries to avoid facing a class estimated to include 250 million cellphone buyers who allegedly overpaid because of its licensing practices, telling the Ninth Circuit that California law should not be applied nationwide.

  • June 12, 2019

    Warren Wants DOJ Antitrust Head Off Apple, Google Probes

    Democratic Senator Elizabeth Warren demanded the head of the U.S. Department of Justice's Antitrust Division steer clear of reported investigations into Google and Apple, as the Massachusetts lawmaker said the antitrust chief’s past lobbying work with the tech giants means his involvement in the probes would cross ethical boundaries.

  • June 12, 2019

    Perkins Coie Snags Telecom Expert From Paul Hastings

    Perkins Coie has snapped up a media and telecommunications expert from Paul Hastings to join its technology transactions, privacy, and mergers and acquisitions practice in its Washington office.

  • June 12, 2019

    Deals Rumor Mill: Forever 21, T-Mobile, Church's Chicken

    Forever 21 has sought out restructuring advice from Latham & Watkins LLP, T-Mobile assets up for sale have earned the interest of Altice USA, Charter Communications and Dish Network, and private equity firm FFL Partners could sell Church’s Chicken.

  • June 12, 2019

    Expedia, Booking.com Restricting Competition, EU Told

    Expedia and Booking.com appear to be bringing down the hammer on hotels that give other travel sites a better deal, a Danish booking website told Europe's competition watchdog Tuesday.

  • June 12, 2019

    Skadden, Norton Rose Guide Dassault's $5.8B Medidata Buy

    French software company Dassault Systèmes, led by Skadden, will snap up life sciences software company Medidata Solutions, advised by Norton Rose Fulbright, in a deal worth $5.8 billion, marking the latest deal to highlight the growing need for data analytics.

  • June 12, 2019

    PayPal, IZettle Deal Passes Final Regulator Hurdle In UK

    PayPal’s $2.2 billion takeover of Swedish competitor iZettle was approved by the U.K.’s antitrust enforcer Wednesday after it found that the merged company would still face significant competition from its rivals.

  • June 11, 2019

    FTC Slams Qualcomm's Bid For Stay Pending Antitrust Appeal

    The Federal Trade Commission on Tuesday hit back against Qualcomm's bid for a California federal judge to stay her blockbuster antitrust decision against the company's high-tech chip licensing practices while it appeals the ruling to the Ninth Circuit.

  • June 11, 2019

    3rd Circ. Dings FCC Over Bare-Bones Media Diversity Data

    The Federal Communications Commission took a beating on Tuesday at the Third Circuit for not amassing specific data to track broadcast station ownership by women before loosening its media ownership rules and potentially allowing more industry consolidation.

  • June 11, 2019

    Tech Giants Strangling News Industry, Experts Tell House

    Big online platforms such as Facebook and Google are dabbling in the same sort of anticompetitive behaviors that got Microsoft sued by the federal government nearly 20 years ago, and it's hurting the press, a House Judiciary subcommittee was told Tuesday.

  • June 11, 2019

    Feds, Ticket Industry Look To Zap Cyber Scalper Bots

    Congress and regulators should do more to combat automated bots that skim the internet to pick up event tickets and resell them online at inflated prices, a growing problem that can hurt consumers and competition, experts said Tuesday in Washington, D.C.

  • June 11, 2019

    Media Ownership Rule Dispute: How We Got Here

    For nearly two decades, the Federal Communications Commission has been locked in a running dispute over the proper scope of its media ownership rules, and the case hit another milestone Tuesday with oral arguments at the Third Circuit. Here’s a condensed look at the history of the case and where it stands now.

  • June 11, 2019

    Here We Go Again: DOJ’s Latest Music Licensing Review

    The U.S. Department of Justice’s antitrust division has embarked on its second review in less than four years of decades-old court orders governing a key aspect of music licensing in the country. The last review ended in a court battle without any changes to the orders, but a new administration in the White House could mean a different result.  

  • June 11, 2019

    Wegmans, Krasdale Unhook StarKist In Tuna Price-Fix MDL

    Wegmans Food Markets Inc. and Krasdale Foods Inc. have come to terms that will allow StarKist Co. to further untangle itself from multidistrict litigation accusing it of conspiring with its rivals to hike up the price of canned tuna, according to filings in California federal court Monday.

  • June 11, 2019

    J&J Unit Seeks Kirkland's Pfizer Docs In Antitrust Fight

    A Johnson & Johnson subsidiary has asked a New York federal court to order Kirkland & Ellis to produce documents in a Pennsylvania antitrust dispute with Pfizer related to J&J’s blockbuster drug Remicade, arguing the documents have already been handed over in another suit between the two companies.

  • June 11, 2019

    Objectors Fighting Swipe Fee Counsel's $604M Payday

    Merchants who successfully challenged a $7.25 billion settlement with Visa, Mastercard and a group of banks over card swipe fees want a piece of the attorney fees generated by the newly minted $6.3 billion deal, telling a Brooklyn federal judge Monday the latest agreement was made possible by their objection.

  • June 11, 2019

    States Sue To Block Merger By Sprint, T-Mobile

    Nine states and the District of Columbia moved Tuesday to block Sprint and T-Mobile's plan to merge into a $56 billion mobile giant, filing a Manhattan federal court complaint that says combining two of the nation's four largest carriers would hurt competition, kill 30,000 jobs and drive up prices.

  • June 11, 2019

    EU Formally Blocks ThyssenKrupp-Tata JV

    Europe's competition enforcer on Tuesday formally announced it would block a planned joint venture between ThyssenKrupp and Tata Steel over concerns about the automotive and canned food industries, after the companies signaled last month that the review was going south and they would abandon the deal.

  • June 11, 2019

    FTC Wants More Info On $4.8B Roche Buy Of Swiss Gene Co.

    The Federal Trade Commission wants more information before it decides whether to sign off on Swiss pharmaceutical company Roche’s $4.8 billion plan to buy gene therapy company Spark Therapeutics.

  • June 11, 2019

    Ex-Deutsche Banker Helped Rig Euribor For Profit, SFO Says

    A former Deutsche Bank trader conspired with other bankers to rig key benchmark interest rates to rip off the bank's trading partners by gaining a dishonest edge on huge financial deals, Serious Fraud Office prosecutors told a London jury on Tuesday.

  • June 10, 2019

    What To Expect In Media Ownership Arguments At 3rd Circ.

    The Federal Communications Commission will defend the most recent relaxation of its media ownership rules at the Third Circuit on Tuesday, squaring off against public interest advocates who say the agency pared back needed safeguards and brushed off ideas to promote diversity in the broadcast business.

  • June 10, 2019

    Firms Seek $1.1M In Fees For Deal On Comcast Set-Top Boxes

    Begley Carlin & Mandio LLP, NastLaw LLC and Wexler Wallace LLP urged a federal court in Philadelphia on Friday to approve $1.1 million in fees on top of a $15.5 million class action settlement between Comcast and subscribers who claim the company unlawfully forced them to rent set-top boxes from the cable company.

Expert Analysis

  • Opinion

    Keep Increasing Pressure Against Noncompetes

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    Arguments made by defenders of noncompetes are based on old assumptions about labor markets that economists have begun to abandon, says Eric Posner of MoloLamken.

  • An Overview Of The Debate Over Litigation Finance Disclosure

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    In light of a New York federal court's recent decision in Benitez v. Lopez, which joins a growing body of case law denying forced disclosure of commercial litigation finance, Stephanie Spangler of Norris McLaughlin and Dai Wai Chin Feman of Parabellum Capital break down the arguments commonly raised for and against disclosure.

  • It May Help To Oppose Discovery Stay In Parallel Proceedings

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    One piece of conventional wisdom for attorneys representing clients in parallel civil and criminal proceedings is to support motions by the government to stay discovery in the civil action pending resolution of the criminal case. However, we recently found that the orthodox approach isn’t always the right one, say attorneys with Buckley.

  • How To Identify And Deal With Narcissists In Law

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    Given that a large swath of the legal profession may display some narcissistic tendencies, it is important for lawyers to know how to address the narcissist in the room — and it may be you, says Jennifer Gibbs of Zelle.

  • Arbitration Questions To Consider In Patent License Disputes

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    Two recent federal court decisions help to clarify the arbitrability of disputes involving patent licenses, but there is still uncertainty over several details, says Thomas Creel of JAMS.

  • UK Antitrust Watchdog Proposals Would Bolster Enforcement

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    The U.K. Competition and Markets Authority's proposals for reshaping competition enforcement and consumer protection would shift the historical balance in U.K. competition policy, increasing regulatory burden on companies while weakening judicial scrutiny of CMA actions, says Bill Batchelor of Skadden.

  • 'Big Food' Takes Its Turn In The Price-Fixing Spotlight

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    The recent conspiracy suit filed against manufacturers of beef and farm-raised salmon is part of a trend that is likely only the beginning of antitrust attention in the food business, say Scott Wagner and Lori Lustrin of Bilzin Sumberg.

  • China May Soon See Variable Interest Entity M&A Review

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    Though the new Chinese anti-monopoly authority did not genuinely touch upon variable interest entity structures with the inclusion of the Tencent Mobility transaction in its first quarter approved merger filings, there is no material barrier to the authority’s review of filings involving VIE-structured companies, say Wei Huang and Chang Gao of Tian Yuan Law Firm.

  • HHS Rule Could Disrupt How Hospitals And Insurers Set Rates

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    Buried in the text of the U.S. Department of Health and Human Services' new proposed rule on health care information technology are potentially explosive questions about the publication of payer-negotiated rates for health care services, say attorneys at Brownstein Hyatt.

  • Q&A

    A Chat With Cleary Chief Talent Officer Hy Pomerance

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview management from top law firms about the increasingly competitive business environment. Here, Amanda Brady and Dustin Laws talk with Hy Pomerance, chief talent officer of Cleary.

  • FDA's Risk Evaluation Guidance Brings Clarity, Not Solutions

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    New guidance from the U.S. Food and Drug Administration explains how the FDA determines when a drug needs a risk evaluation and mitigation strategy, but does not address any of the potential REMS abuses that Congress has shown interest in recently, say Elizabeth Crompton and Paul Dietze of Haynes and Boone.

  • Rebuttal

    Forced Arbitration Is A Far Worse 'Product' Than Jury Trials

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    Jury trials are not dying because arbitration is a “better product,” as alleged in a recent Law360 guest article, but because corporations have rigged the system through forced arbitration to ensure they cannot be held accountable before a judge or jury, say attorneys at Hagens Berman.

  • Guest Feature

    Preet Bharara On The Human Factor In The Justice System

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    A key theme in Preet Bharara's new book is the enormous role the human element plays in the administration of justice. The former U.S. attorney for the Southern District of New York discussed this theme, among other topics, in a recent conversation with White and Williams attorney Randy Maniloff.

  • What We Heard At The FTC Hearings: Day 22

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    The 13th hearing in the Federal Trade Commission’s series on competition in the 21st century focused on evaluating the FTC’s merger retrospective program. Jon B. Jacobs and Jeremy Keeney of Perkins Coie discuss some of the recurring themes, innovative concepts and key takeaways.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

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