Competition

  • June 22, 2020

    Live Nation Insists Consumers Must Arbitrate Antitrust Claims

    Live Nation and its Ticketmaster unit urged a California federal judge Friday to force consumers to arbitrate their proposed class action accusing the company of monopolizing ticket sales, arguing they are bound by the same arbitration provision successfully employed against other litigants.

  • June 22, 2020

    3rd Circ. Won't Revive Shell Egg Buyers' Antitrust Suit

    The Third Circuit on Monday in a precedential opinion rejected a bid from egg buyers to revive their case after a jury found a major producer had not broken the law by participating in a conspiracy to reduce the supply of eggs, deciding that the lower court applied the right antitrust standard.

  • June 22, 2020

    Uber Rider Calls Arbiter's 'Joke' No Laughing Matter

    An Uber customer has challenged in New York federal court the ride-hailing giant's contention that an arbitrator was just joking about tossing a price-fixing suit to placate Uber, saying his remark clearly showed bias.

  • June 22, 2020

    Shareholders Seek Class Cert. In Teva Price-Fixing Suit

    Shareholders accusing Teva Pharmaceutical Industries Ltd. of operating a price-fixing scheme and lying about profit growth have asked a Connecticut federal judge to certify their proposed class, arguing that they easily meet all of the federal requirements.

  • June 19, 2020

    Insurers Want A Say In Car Parts Price-Fixing MDL Deal

    A group of auto insurers is asking a Michigan federal judge to let them intervene in settlements resolving claims in a sprawling multidistrict litigation over an alleged scheme to inflate prices for auto parts, saying they are entitled to money from the deals because the amount they paid out for insurance claims was affected by the inflated prices.

  • June 19, 2020

    UK Worried Over Buying Group's £50M School Supply Deal

    U.K. enforcers have raised concerns over Yorkshire Purchasing Organisation's planned £50 million ($61.8 million) acquisition of fellow educational resource supplier Findel Education Ltd. from Studio Retail Group.

  • June 19, 2020

    Milwaukee Hit With $100M Antitrust Suit Over Towing Regs

    Milwaukee has been slapped with a $100 million suit accusing it of using carefully crafted ordinances and the city's police force to keep a stranglehold on the competition for towing, recycling and salvaging services in the city.

  • June 19, 2020

    Dems Urge Enforcers To Resume Vertical Merger Overhaul

    A group of Senate Democrats has urged the U.S. Department of Justice and the Federal Trade Commission to disclose plans for new vertical merger guidelines and called on the antitrust enforcers to get tougher on deals that combine companies operating on different points of a supply chain.

  • June 19, 2020

    Australian Gov't Concerned About Airline Competition

    The Australian government has directed enforcers to closely monitor competition in the domestic airline market for the next three years, increasing scrutiny of an industry already closely watched in the country.

  • June 19, 2020

    Pharma Co. Must Mediate EpiPen Pricing Claims With Mylan

    A retail and online pharmacy operator suing Mylan in Kansas federal court over an alleged scheme to inflate prices for the emergency allergy medication EpiPen has been ordered to mediate its antitrust claims.

  • June 19, 2020

    MPs Float Flexible Trade Deal To Break Brexit Deadlock

    Britain and the European Union could revive stalled trade talks by keeping their regulatory standards aligned after December and until they replace them with a new trade regime, an influential parliamentary committee said Friday.

  • June 18, 2020

    Fox In The Henhouse: DOJ Sniffing Around Poultry Industry

    The Justice Department earlier this month revealed the first indictments stemming from an ongoing investigation into price-fixing in the broiler chicken industry, and the following week Tyson Foods disclosed that it's cooperating with the agency and applying for leniency. Here, Law360 looks at what got enforcers' attention and where the probe stands.

  • June 18, 2020

    Apple, Intel Have 'A Pleading Problem' Against Fortress

    Apple and Intel may have to rejigger their lawsuit accusing Fortress Investment Group LLC of running an anti-competitive patent aggregation scheme after a California federal judge said in oral arguments Thursday that while their allegations seem conceptually sound, their market definition is lacking.

  • June 18, 2020

    Feds Hope To Moot Merger Case, Citing New Farelogix Deal

    U.S. Department of Justice lawyers have told the Third Circuit a plan to merge travel companies Accelya and Farelogix puts in plain view why it should moot the government's lower-court loss in a challenge to Sabre's defunct deal to take over Farelogix.

  • June 18, 2020

    Australia Concerned About Data In Google's $2.1B Fitbit Deal

    Australia's antitrust watchdog is the latest competition enforcer to level concern over Google's efforts to buy fitness tracking giant Fitbit for $2.1 billion and signaled its worries that no single company should have that much data.

  • June 18, 2020

    DOJ Wants To Keep Generic-Drug Exec's Case In Pa.

    Even though a former top pharmaceutical executive at Taro Pharmaceutical Industries Ltd. is accused of lying to an FBI agent in New York about his participation in a price-fixing scheme, prosecutors say they want him to be tried in Pennsylvania.

  • June 18, 2020

    HP Cuts Deal With Quanta Over $438M Price-Fixing Judgment

    HP Inc. told a Texas federal court on Thursday it has reached a confidential settlement with Quanta Storage over a $438 million judgment issued against the Taiwanese manufacturer for fixing optical disk drive prices, and it asked the court to cancel a contempt hearing scheduled for Friday.

  • June 18, 2020

    Google Says 'Not A Shred Of Evidence' In Ad Bias Suit

    Google urged a California federal judge Thursday to throw out stock photo company Dreamstime's contract and unfair competition claims over an algorithmic tweak that allegedly biased search results against the Google advertising client, arguing there's "not a shred of evidence" Google knew the change would harm Dreamstime's business.

  • June 18, 2020

    UK Competition Chair Stepping Down In Sept.

    The chairman of the United Kingdom's Competition and Markets Authority said Thursday that he'll leave the job in September after a little over two years in order to make the case for reform "more forcefully" than he's able to do in his current role.

  • June 18, 2020

    Saul Ewing Faces 2nd Suit Over Mushroom Antitrust Row

    Saul Ewing Arnstein & Lehr LLP has been slapped with a second lawsuit claiming that its failure to properly vet members of a mushroom growers cooperative resulted in some $10 million in damages for the group's former members, stemming from a massive federal antitrust multidistrict litigation program.

  • June 18, 2020

    UK Sports Fashion Co. Appeals Reversal Of £90M Merger

    British athletic fashion retailer JD Sports Fashion has appealed the decision of the United Kingdom's antitrust authority to unravel its completed £90 million ($112 million) merger with its former up-and-coming rival.

  • June 18, 2020

    Celestron, Other Telescope Cos. Hit With Price-Fixing Suit

    California-based Celestron and almost a dozen other telescope manufacturers are facing a proposed consumer class action accusing them of conspiring with rivals to unlawfully fix prices and allocate the market and customers for telescopes to maintain their dominance in the U.S.

  • June 18, 2020

    8th Circ. Won't Revive Food Packaging Antitrust Suit

    The Eighth Circuit declined Thursday to revive a food packaging company's antitrust lawsuit against its larger rival, claiming the company failed to show how its competitor's patents were fraudulent and how the competitor engaged in discount bundling in an anti-competitive matter.

  • June 17, 2020

    Turkey Giants Want To Clip Price-Fixing Suits' Wings

    Perdue, Tyson and other turkey producers urged an Illinois federal judge Tuesday to toss consolidated price-fixing proposed class actions they say rely on "aggregated, industrywide data" with no showing that any particular company moved to lower supply and increase prices.

  • June 17, 2020

    EU Probe Throws Wrench Into FCA-Peugeot $50B Tie-Up

    European regulators have announced they will put Fiat Chrysler and Peugeot's $50 billion tie-up under the microscope due to worries the deal will threaten competition in the continent's commercial van market. 

Expert Analysis

  • How UK National Security Merger Reviews May Change Soon

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    The U.K. is planning a revamped national security review regime that will present a number of challenges for foreign investors — including U.S.-based private equity sponsors and American operating companies — that seek to purchase or invest in target companies with operations in the U.K., say attorneys at Kirkland.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Opinion

    License To All Should Prevail In FRAND Patent Wars

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    Because a license-to-all system for standard-essential patents — such as those held by Qualcomm and automakers — inhibits commerce less than an access-to-all system and is more consistent with standard setting organization policies, it should emerge as the default in the ongoing royalty calculation debate, says professor Thomas Cotter at the University of Minnesota Law School.

  • And Now A Word From The Panel: Pandemic MDLs

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    While it is too soon to know whether the Judicial Panel on Multidistrict Litigation will receive any petitions related to the COVID-19 pandemic, there are lessons to be learned from looking back at the panel's experience with MDLs in the aftermath of past outbreaks, says Alan Rothman at Sidley.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • How Minority Shareholders Can Limit FTC Antitrust Scrutiny

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    Because common minority ownership may have anti-competitive effects, and litigation could be on the horizon, investors who own minority interests in competitors should take proactive steps to avoid Federal Trade Commission enforcement, say attorneys at Norton Rose.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • 4th Circ. Seems Leery Of Divestiture Order In Doormaker Case

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    The Fourth Circuit's questions at oral arguments in the Steves and Sons v. Jeld-Wen antitrust case indicate that the district court's unprecedented order requiring Jeld-Wen to divest part of its business as an equitable remedy seems like the most likely basis for reversal, say Lauren Weinstein and Lauren Dayton at MoloLamken.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Assessing The Novel Antitrust Claims In Humira Case

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    Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Risk Management Concepts For Public-Private Crisis Projects

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    As businesses new to public-private partnerships consider coronavirus-related disaster relief contracts, there are a number of issues general counsel and chief risk officers for these companies should consider that need not be a serious burden on operations, says Jordan Strauss at Kroll.

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