Competition

  • August 08, 2019

    Court OKs $865K Atty Fees In Taiwan Auto Parts Price-Fix Suit

    A Wisconsin federal judge awarded nearly $1 million in attorney fees after a class of car part direct purchasers struck a $3.25 million deal with a Taiwanese parts maker for allegedly fixing prices on certain aftermarket sheet metal products.

  • August 08, 2019

    Nationwide To Refund Customers £6M For Overdraft Charges

    Nationwide will refund a total of £6 million ($7 million) to more than 320,000 customers after failing to alert them to charges imposed on unarranged overdrafts, which is required under retail banking rules, the Competition and Markets Authority said Thursday.

  • August 07, 2019

    MGM Sues DOI Over Approvals For Tribes' Casino Plans

    MGM’s casino development arm hit the U.S. Department of the Interior with a suit in D.C. federal court Wednesday, claiming the DOI’s approval of changes to the Mohegan and Mashantucket Pequot tribes’ gaming agreements with Connecticut violated federal law by giving the tribes an unfair edge in casino competition.

  • August 07, 2019

    Jimmy John’s Can’t Appeal Antitrust Test In No-Poach Suit

    Jimmy John’s won’t be allowed to challenge the “per se” test for antitrust damages in favor of a more complex and harder-to-prove standard as workers sue the sandwich shop chain over no-poach employment agreements, an Illinois federal judge has ruled.

  • August 07, 2019

    'Textbook Conclusory' Price-Fixing Claim Tossed In Mill Row

    A mill booted from an industry trade group will have to go back to the drawing board after a Washington federal judge cut down antitrust claims accusing the organization of a price-fixing plot, holding Wednesday that the allegations lack the detail needed to survive.

  • August 07, 2019

    Fed. Circ. Befuddled In Hearing On Ericsson IP License Rates

    A Federal Circuit panel appeared perplexed Wednesday by how to approach assigning value to a large portfolio of Ericsson patents in its ongoing tussle with TCL Communication Technology over licensing rates for standard-essential wireless technology.

  • August 07, 2019

    DOJ Urged To Leave Intact Music Licensing Orders

    A dozen free market organizations pressed the U.S. Department of Justice on Wednesday to re-up sunsetting consent decrees governing music licensing groups BMI and ASCAP, arguing the "inherently anti-competitive" music industry still needs these regulations to keep the playing field even.

  • August 07, 2019

    Chicken Co. Says $10M Policy Valid Amid Price-Fixing Claims

    One of the defendants in sprawling broiler-chicken price-fixing litigation is suing its insurance company to confirm a total of $10 million of coverage in response to the case, according to a lawsuit filed in Georgia federal court.

  • August 07, 2019

    Boston Scientific Wins FTC Clearance For £3.3B BTG Deal

    The Federal Trade Commission cleared Boston Scientific Corp.’s planned £3.3 billion ($4.2 billion) purchase of U.K.-based BTG PLC Wednesday after the company agreed to sell a cancer-treatment product line and other assets to Varian Medical Systems.

  • August 07, 2019

    StarKist Insists $100M Price-Fixing Fine Could Bankrupt It

    StarKist Co. told a skeptical California federal judge Wednesday it may have to file for bankruptcy because it “simply can’t pay” a potential $100 million criminal fine on top of potential civil damages to consumers who claim they were swindled in a long-running scheme to fix prices of canned tuna.

  • August 07, 2019

    EU Probing Tie-Up Of Polish Oil Cos.

    Europe's competition enforcer launched an in-depth investigation Wednesday into PKN Orlen's planned purchase of Grupa Lotos, a deal the watchdog said would combine Poland's two largest integrated oil and gas companies.

  • August 07, 2019

    CMA Ups Probe Into UK Radio Merger After Fixes Fall Short

    The U.K.'s antitrust watchdog announced Wednesday that it will intensify scrutiny of Bauer Media UK's recent string of local radio purchases, indicating the agency wasn't satisfied by proposals to address concerns over access to national advertisers.

  • August 07, 2019

    Goldman Sachs, Others Escape Stock-Loan Antitrust Suit

    A New York federal judge on Tuesday threw out an antitrust suit alleging Goldman Sachs and major prime brokerage banks colluded to squash an upstart electronic stock loan trading platform, finding the case’s claims don’t belong to the company that brought them.

  • August 07, 2019

    Czech Telecoms' Network-Sharing Hurts Competition, EU Says

    The European Union's antitrust authority on Tuesday told Czech mobile operators O2 CZ and T-Mobile CZ, along with telecom infrastructure provider Cetin, that a network-sharing agreement between the companies illegally restricts competition.

  • August 07, 2019

    Texas Nurses Vow To See Antitrust Suit To End, Then Appeal

    A trio of San Antonio registered nurses said Tuesday they will pursue individual claims alleging that three area hospital systems colluded to suppress salaries, but that they also plan eventually to appeal a federal judge's rejection of their bid for class status.

  • August 06, 2019

    Temp Agency's Race Bias, Antitrust Suit Against Rival Axed

    Even after amending its lawsuit, a Chicago-area temp agency didn't raise a valid antitrust or federal civil rights claim when it alleged a rival improperly withheld payments, breached its contract and discriminated against its workers, an Illinois federal judge said Monday.

  • August 06, 2019

    GOP Sens. Ask DOJ To Widen View Of Broadcast Competition

    Six Republican senators announced their support for changing the way broadcast television stations are regulated in a letter to the Justice Department's antitrust head Monday, after reports that the department has been considering changes that could lower the barrier for broadcast mergers.

  • August 06, 2019

    Deals Rumor Mill: Bumble Bee, Adtalem, Deutsche Bahn

    Bumble Bee Seafood is reportedly mulling filing for bankruptcy protection, Adtalem Global Education is said to be selling its Brazilian assets, and Deutsche Bahn reportedly wants to take its Arriva unit public in Amsterdam if it can't sell the business.

  • August 06, 2019

    FTC Taking A Closer Look At Edgewell's $1.37B Startup Buy

    Schick parent Edgewell Personal Care Co. disclosed Tuesday that the Federal Trade Commission is seeking more details on the company's planned $1.37 billion combination with private equity-backed shaving startup Harry's Inc.

  • August 06, 2019

    UK Says Cleaning Chemical Deal May Need To Be Scrubbed

    The U.K.'s antitrust watchdog suggested Tuesday that cleaning chemical company Ecolab Inc.'s completed acquisition of rival Holchem Group Ltd. may need to be undone because the combined company will face little competition for the supply of chemicals to food and beverage makers in the country following the purchase.

  • August 06, 2019

    Wine Bar’s DC Circ. Appeal Looks To Revive Trump Hotel Row

    A wine bar suing to force President Donald Trump to relinquish his stake in the Trump International Hotel has urged the D.C. Circuit to reverse a lower-court decision that tossed its suit, saying the case should be moved back to the local trial court.

  • August 06, 2019

    Airlines Urge DC Circ. To Jettison Challenge Of Price-Fix Deal

    American Airlines and Southwest Airlines are urging the D.C. Circuit to throw out an appeal by some objectors to a $60 million settlement that would resolve price-fixing claims against the carriers, saying a final judgment has still not been inked.

  • August 06, 2019

    Mylan Blasts '11th Hour' Discovery Push In EpiPen Row

    Consumers shouldn't be allowed more time for discovery in multidistrict litigation over EpiPen price hikes, Mylan has told a Kansas federal judge, blasting what it described as a last-minute request predicated on failings for which the plaintiffs "are entirely at fault."

  • August 06, 2019

    McKesson Tries To Nix Derivative Suit Over Drug Price-Fixing

    McKesson Corp. and its executives asked a California federal court to toss a derivative action accusing the drug distributor's board of failing to prevent the company's alleged involvement in an industrywide conspiracy to drive up generic-drug prices, claiming that the plaintiff didn't show that the board lacked independence.

  • August 05, 2019

    DOJ Subpoenas Tyson Amid Chicken Industry Antitrust Probe

    The U.S. Department of Justice has subpoenaed Tyson Foods Inc. seeking information related to the chicken industry, related to a probe into potentially anti-competitive conduct, Tyson announced in filings with the U.S. Securities and Exchange Commission Monday.

Expert Analysis

  • A Rare Antitrust Deferred Prosecution Agreement From DOJ

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    The significant question raised by Heritage Pharmaceuticals' deferred prosecution agreement — the U.S. Department of Justice Antitrust Division's first DPA with a company other than a bank — is whether it signals a broader openness to such agreements by the division, say Peter Huston and Alex Bourelly at Baker Botts.

  • Series

    Why I Became A Lawyer: A Fateful Phone Call

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    When I was growing up, my mother was always the more mild-mannered parent. But during a trans-Atlantic phone call in 1991, when I told her I wanted to go to culinary school instead of law school, she started yelling — at a volume I had never heard from her, says Jason Brookner of Gray Reed.

  • Law Firms Can Do Better With Their Mentoring Programs

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    There are a few practical, proactive steps law firms can take to create a mentoring program that pays dividends — instead of creating a mediocre program that both parties see as an obligation, says Kate Sheikh of Major Lindsey & Africa.

  • Opinion

    The Misguided Criticism Of Printing Industry Merger

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    Quad/Graphics' proposed acquisition of LSC Communications is an example of printers taking action to stay alive and compete in today's media industry, and antitrust concerns appear to be both misplaced and ironic, says Derek Dahlgren of Rothwell Figg.

  • The Latest Developments In Criminal Cases Against Execs

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    This spring, there was some noteworthy news in white collar government investigations impacting executives, including the first successful prosecution in the opioid bribery scheme and the first criminal charges for failure to report under the Consumer Product Safety Act, say attorneys at Miller & Chevalier.

  • 'Rocket Docket' Justifies Its Name For 11th Straight Year

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    The U.S. District Court for the Eastern District of Virginia “rocket docket” is still the fastest federal civil trial court in the country despite some recent trends causing its median time to trial to grow to 13.2 months, says Robert Tata of Hunton.

  • Opinion

    Delrahim’s Antitrust Approach To FRAND Still Problematic

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    While a recent speech thankfully walks back some of Assistant Attorney General Makan Delrahim’s more extreme statements about the role of antitrust in policing commitments to license patents on fair, reasonable and nondiscriminatory terms, it still fails to appreciate the positive role that competition law can play in ensuring compliance, says Thomas Cotter of the University of Minnesota Law School.

  • Measuring The Value Of A Law Firm's Social Media Efforts

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    Most legal marketers struggle to show the return on investment of their social media efforts, but establishing and answering several key questions can help demonstrate exactly how social media programs contribute to a law firm's bottom line, say Guy Alvarez of Good2bSocial and communications consultant Tom Orewyler.

  • What To Expect From An Appeal Of FTC V. Qualcomm

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    Any appeal of a California federal judge's ruling in Federal Trade Commission v. Qualcomm will likely raise a number of interesting legal issues at the intersection of antitrust and fair licensing of standard-essential patents, say attorneys at Ropes & Gray.

  • Despite Amarin, ITC May Be Right Prescription For Pharma

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    While the Federal Circuit recently concluded that Amarin Pharma’s Lanham Act claims at the U.S. International Trade Commission were precluded by the Federal Food, Drug and Cosmetic Act, this is a narrow exception to the ITC's broad jurisdiction, say Kecia Reynolds and Alton Hare of Pillsbury.

  • Cooperating With Competitors In The Wake Of Qualcomm

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    It is well-understood that joint business ventures between rivals can bring antitrust risk. But a California federal judge's recent Qualcomm decision underscores the importance of examining the opposite angle — whether refusing to do deals with rivals will trigger antitrust liability, say Amy Gallegos and Julia Kim Hirata at Jenner & Block.

  • The Uncertain Future Of Gov't Investigations Post-Deutsche

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    A New York federal judge's recent decision in the Deutsche Bank Libor-rigging case U.S. v. Connolly threatens to upend decades of established cooperation practice in government investigations, a fact to which the opinion makes only a passing reference, say attorneys at Arnold & Porter.

  • Class Action Insights From Justices' App Store Opinion

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    The U.S. Supreme Court's recent decision in Apple v. Pepper exponentially increases the settlement value of antitrust class actions brought by buyers of products on software platforms, and offers an early glimpse into the antitrust approach of Justice Brett Kavanaugh, say Leiv Blad and Rachel Maimin at Lowenstein Sandler.

  • 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.

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