Competition

  • 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. 

  • June 17, 2020

    Dairy Co-Op Fights Suit Over Piece Of $433M Dean Foods Buy

    Dairy Farmers of America has urged a North Carolina federal court to toss a lawsuit from Food Lion LLC challenging a slice of the cooperative's recent purchase of assets from bankrupt milk producer Dean Foods, calling the case too speculative to stand.

  • June 17, 2020

    Former FTC Official Joins Think Tank As Deputy GC

    TechFreedom has brought on Asheesh Agarwal as its deputy general counsel and competition counsel to help form the organization's outlook for how antitrust and consumer protection laws should apply to the technology center, according to the Washington, D.C.-based think tank.

  • June 17, 2020

    Rival Claims Coachella Gunning For Another 9th Circ. Clash

    An Oregon music festival suing Coachella over its noncompete agreements urged a federal judge to toss the California rival's bid for supplemental briefing concerning a pending dismissal motion, arguing the Ninth Circuit recently resolved all outstanding matters and ruled it has standing to pursue certain claims.

  • June 17, 2020

    EU Floats Options For Curbing Distortion From Foreign Grants

    The European Commission is seeking comments on how to keep distortion from arising in the European Union when governments outside the bloc give subsidies to companies within it, according to a paper released Wednesday.

  • June 17, 2020

    Tuna Cos. Ask 9th Circ. To Undo Price-Fixing MDL Class Cert.

    Two of the world's largest tuna companies have urged the Ninth Circuit to undo class certification in a sprawling antitrust multidistrict litigation over an alleged price-fixing scheme, claiming that the lower court certified classes that were "widely divergent" in the prices they paid and ignored a "key factual dispute" before granting certification.

  • June 17, 2020

    6th Circ. Says Domino's Can Kick No-Poach Suit To Arbitration

    The Sixth Circuit ruled Wednesday that Domino's can force a worker's suit challenging no-poach provisions in the pizza chain's franchise agreements into arbitration, saying the pacts "clearly" leave it to arbitrators and not the courts to analyze the scope of those agreements.

  • June 17, 2020

    Visa, Mastercard Lose Fee Antitrust Appeals At Top UK Court

    The U.K.'s highest court ruled on Wednesday that credit card giants Visa and Mastercard set fees at an unlawful level which restricted competition, upholding a judgment in favor of some of the country's biggest retailers.

  • June 16, 2020

    FCC To Probe T-Mobile After 'Unacceptable' Network Outage

    Federal Communications Commission chairman Ajit Pai has vowed that his agency will open an investigation into an "unacceptable" network outage that affected T-Mobile customers across the U.S. on Tuesday.

  • June 16, 2020

    DOJ Whistleblowers To Testify On Political Interference

    One of the four career prosecutors who quit Roger Stone's case after senior U.S. Department of Justice officials intervened in the prosecution of the confidant of President Donald Trump will testify before a House committee next week and will be joined by another official set to discuss allegations of political interference at the agency's Antitrust Division.

  • June 16, 2020

    Judge OKs $77M Fees In Fannie, Freddie Bond Price-Fix Suits

    A New York federal judge on Tuesday approved a $77.3 million award for Lowey Dannenberg PC and Scott & Scott LLP for their roles as co-lead counsel in five class action settlements resolving claims of a price-rigging scheme for bonds issued by Fannie Mae and Freddie Mac.

  • June 16, 2020

    Ex-Bumble Bee CEO Gets Over 3 Years For Tuna Price-Fixing

    A California federal judge sentenced former Bumble Bee CEO Chris Lischewski to 40 months in prison Tuesday for his role in a tuna price-fixing conspiracy, coming down between federal prosecutors who sought 10 years and Lischewski, who pointed to the COVID-19 crisis in seeking home confinement.

  • June 16, 2020

    Music Rights Group Exec Assails Spotify Counterclaims

    The 21-year-old behind a music rights organization suing all the major players in music streaming and broadcasting for allegedly boycotting his organization asked a Florida federal judge Monday to toss Spotify's "procedurally defective, legally deficient" counterclaims against his unfair competition allegations.

  • June 16, 2020

    SEC Lacks Authority For Fee Pilot Program, DC Circ. Rules

    The D.C. Circuit ruled Tuesday that the U.S. Securities and Exchange Commission does not have the authority to implement a two-year pilot program examining the fees and rebates system used by major U.S. stock exchanges.

  • June 16, 2020

    FTC Pressed To Remain Independent On Social Media Order

    Democratic leaders of both the House and Senate consumer protection committees have urged the Federal Trade Commission to stand strong against White House pressure to crack down on social media platforms for alleged conservative censorship, saying the arm-twisting must not derail the agency's independent antitrust and fraud investigations.

  • June 16, 2020

    9th Circ. Won't Pause Tuna Price-Fixing Case

    The Ninth Circuit has rejected an emergency plea from three of the world's biggest tuna companies to stop a price-fixing suit against them from proceeding while they challenge class certification.

  • June 16, 2020

    Eagle Fights FDA's DC Circ. Bid To Undo Orphan Drug Win

    Eagle Pharmaceuticals has urged the DC Circuit to cement a recent ruling that gave marketing exclusivity to multiple manufacturers of a drug that treats the same rare medical condition, saying the government's assertion that the order will seriously disrupt the orphan-drug market is speculative.

  • June 16, 2020

    'Pharma Bro' Shkreli Can't Delay Discovery In Antitrust Suit

    A New York federal judge has rejected a bid from Martin Shkreli, the incarcerated former pharmaceutical executive, and a company he founded to delay discovery in a monopolization case from state and federal enforcers over a lifesaving drug used to treat parasitic infections.

  • June 16, 2020

    Kratos To Buy Satellite Antenna Biz For $35M

    Kratos Defense and Security Solutions Inc., a publicly traded national defense technology company and drone maker, said Tuesday it plans to purchase satellite antenna manufacturer ASC Signal for $35 million in cash from Communications & Power Industries, which was advised by Skadden, to expand its space technology offerings.

  • June 16, 2020

    UK Watchdog Probes Visa's Planned $5.3B Deal For Tech Co.

    The U.K.'s competition enforcer said Tuesday it is launching an investigation into Visa's planned $5.3 billion bid to acquire financial technology company Plaid.

  • June 16, 2020

    Apple Faces EU Antitrust Probes Over Payments, App Store

    Europe's antitrust watchdog opened investigations into Apple Inc. on Tuesday over concerns that the terms and conditions for its mobile payment technology and app store violate the bloc's ban on anti-competitive agreements and abuse its market dominance.

  • June 15, 2020

    NCAA Hit With More Antitrust Claims Over Student-Athlete Pay

    College athletes repped by Hagens Berman Sobol Shapiro LLP slammed the NCAA with a new proposed antitrust class action over student-athlete compensation on Monday, this time taking issue with the organization's rules blocking them from receiving compensation for the use of their name, image and likeness.

  • June 15, 2020

    Uber Says Arbitrator's Claim Of Fearing Co. Was Just A Joke

    An arbitrator was only kidding when he told an Uber customer that fear of the company forced his hand when tossing a complaint that the ride-sharing giant rigged prices, Uber told a New York judge over the weekend.

  • June 15, 2020

    Judge Urged To Ax Price-Fix Suit Against Bail Bond Entities

    Bail bond industry players that are wrapped up in a class action asked a California judge last week to toss the suit, claiming the new accusations from the plaintiffs cherry-picked data to construct their claims and were essentially "warmed over versions" of initial allegations already tossed by the court.

  • June 15, 2020

    Platforms, Cybersecurity Groups Blast Online Filters Ruling

    The trade group behind Google, Amazon, Facebook and other internet platforms joined cybersecurity interests last week urging the U.S. Supreme Court to review a Ninth Circuit decision they say will open the floodgates to litigation against online filtering and other safeguards.

Expert Analysis

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    Google's Fair Use Defense At High Court Is Disingenuous

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    Because strong copyright protection does not hinder interoperability, Google’s argument in its U.S. Supreme Court case against Oracle that all application programming interfaces are subject to fair use should not prevail, says James Skyles at Skyles Law Group.

  • How CFTC's Agricultural Enforcement May Evolve Amid Crisis

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    The U.S. Commodity Futures Trading Commission recently singled out agricultural commodities market manipulation as an area of focus, potentially representing a return to the agency’s core mission that could shape enforcement during the current crisis, say attorneys at Latham.

  • 5 Things To Expect In Vertical Merger Reviews

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    Based on their experience working on the CVS Health-Aetna merger, Rani Habash at Dechert and Steven Tenn and Omar Farooque at Charles River Associates provide insight into how the antitrust agencies are likely to assess vertical issues in proposed transactions.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • A Vertical Challenge May Have Fared Better In Sabre Merger

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    A vertical challenge may have been the U.S. Department of Justice's best chance to block the Sabre-Farelogix merger — subsequently blocked by an adverse United Kingdom ruling — as well as an opportunity to test its new vertical merger draft guidelines, say James Fishkin and Dennis Schmelzer at Dechert.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Gov't Amicus Efforts Show Antitrust Policy Via Advocacy

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    Under President Donald Trump, the U.S. Department of Justice's Antitrust Division has filed an increasing number of amicus briefs in an effort to influence antitrust law, revealing enforcement priorities and policy positions even where they don't persuade courts, say attorneys at McDermott.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Identifying Antitrust 'Safety Zones' During The Pandemic

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    Following the antitrust agencies' recent joint statement on the COVID-19 crisis, Kelly Lear Nordby and Michael McDonald at Berkeley Research Group outline the types of competitor collaborations and information exchanges that the agencies will not challenge — known as "safety zones" — and present a stylized example of possible competitive effects of a collaboration among competitors.

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