Competition

  • May 22, 2020

    Ex-DOJ Enforcer Pozen Joins Clifford Chance Global Leaders

    A year after joining Clifford Chance to co-lead the firm's global antitrust practice, former Justice Department antitrust chief Sharis Pozen has been appointed for a two-year term on the firm's global leadership team.

  • May 22, 2020

    9th Circ. Urged To Undo Buyers' Cert. In Tuna Antitrust Fight

    The Washington Legal Foundation is backing a petition by the country's three largest tuna producers to vacate the certification of a consumer price-fixing class, telling the Ninth Circuit that a district judge erroneously allowed three separate classes of buyers to "manufacture" claims that they all suffered the same injuries.

  • May 22, 2020

    Instagram Promises To Purge Fake Reviews Amid UK Scrutiny

    Instagram has become the latest online platform to promise to take down fake and misleading product reviews in response to an ongoing British investigation that has already garnered cooperation from Facebook and eBay.

  • May 22, 2020

    Surescripts Can't Take FTC Monopoly Case To DC Circ. Yet

    Electronic prescription service Surescripts won't get the chance to have the D.C. Circuit answer two questions it says are vital to get sorted before the Federal Trade Commission's case accusing it of illegally maintaining a monopoly can move forward.

  • May 22, 2020

    NCAA Amateurism Under Fire As 9th Circ. Opens Door To Pay

    A recent Ninth Circuit ruling allowing colleges to provide athletes with more education-related benefits could set the stage for future litigation seeking to further loosen limits on compensation, as the NCAA moves forward with its own reforms.

  • May 22, 2020

    Try Again On Swipe Fee Limitation Dispute, Tribunal Told

    An appeals court ruled on Friday that the question of whether a retailer waited too long to sue Mastercard over its swipe fees has to go to trial, concluding that the facts require digging into before a decision on whether to toll the deadline.

  • May 21, 2020

    9th Circ. Ruling Threatens Online Filters, Justices Told

    The U.S. Supreme Court should review a Ninth Circuit decision that could undermine protections for online content filters, the Electronic Frontier Foundation said in an amicus brief Thursday. 

  • May 21, 2020

    Gray Urges Justices To Rein In 3rd Circ. On Media Ownership

    Gray Television has urged the U.S. Supreme Court to uphold the FCC's most recent media ownership deregulation and called for the justices to reverse the Third Circuit stance that the agency has not justified relaxing the long-standing limits on broadcast station ownership.

  • May 21, 2020

    CRT Makers Don't Want $542M In Deals Paused For Appeals

    Electronics makers gunning to finalize $542 million worth of price-fixing deals with cathode ray tube buyers have pressed a California federal court to forge ahead with the approval process even though appeals over the settlements are underway.

  • May 21, 2020

    Judge Finds Invisalign Maker Can't Dodge Monopoly Claims

    A Delaware federal judge has recommended the maker of popular teeth-straightening technology Invisalign should not escape a rival's antitrust suit alleging the company orchestrated an anti-competitive scheme to take over the market for clear aligners and the intraoral scanners used to make them.

  • May 21, 2020

    Drug Buyers' Retooled $34M Celgene Deal Wins Initial OK

    A New Jersey federal judge has given the preliminary green light to a $34 million deal between drug buyers and Bristol-Myers Squibb unit Celgene over allegations the drugmaker illegally monopolized a pair of cancer treatments.

  • May 21, 2020

    Contractor Says Financing Co. Helped Clients Skip Payments

    A Florida remodeling company that performs energy-efficient home improvements said that an outfit certified by the government to finance the projects has an unfair policy that allows customers to skip out on paying contractors, according to a proposed class action filed Wednesday in California.

  • May 21, 2020

    Tenneco Hit With Exhaust System Price-Fixing Suit

    A group of automotive dealerships has accused Tenneco Inc. and another car part maker of engaging in a conspiracy to raise prices of vehicle exhaust systems, according to a lawsuit filed in Michigan federal court Wednesday.

  • May 21, 2020

    Insulation Deal Crumbles Under Pressure From UK Watchdog

    Irish construction supply giant Kingspan Group has abandoned plans to snap up a rival's insulation business under mounting scrutiny from British competition authorities, the watchdog revealed Thursday.

  • May 20, 2020

    $34M MDL Fee Bid Needs 'Complete Reanalysis,' Judge Says

    A California federal judge told class counsel Wednesday she's going to do a "complete reanalysis" of their renewed bid for $34 million in fees for resolving battery price-fixing claims against Sony and others after the Ninth Circuit vacated her prior approval.

  • May 20, 2020

    Stoel Rives Snags Business Litigator From Perkins Coie

    Stoel Rives LLP has added an experienced commercial and antitrust litigator from Perkins Coie LLP to its San Francisco and Southern California offices, the firm has announced.

  • May 20, 2020

    Ga. Board Faces 11th Circ.'s 'Real Doubts' In SmileDirect Fight

    Georgia's dental board faced an at-times contentious Eleventh Circuit panel in oral arguments Wednesday as it fought to assert immunity for its members facing a SmileDirectClub lawsuit over a state rule that restricts the company's teledentistry business.

  • May 20, 2020

    Indicted Generic-Drug Exec Wants Case Tried In New York

    A former top pharmaceutical executive facing price-fixing charges from the U.S. Department of Justice has requested that the case be moved from Pennsylvania to New York federal court.

  • May 20, 2020

    Doormakers Say Big Box Stores Sink Cert. In Price-Fix Suit

    Two dominant U.S. doormakers facing claims they teamed up to inflate the cost of their products argued Wednesday that the regional wholesalers spearheading the antitrust case can't win class certification with the retail chains Home Depot and Lowe's among their number.

  • May 20, 2020

    AbbVie Says Recent Antitrust Ruling Irrelevant In Humira Case

    AbbVie Inc. has told an Illinois federal court that a recent ruling in a case involving speech recognition technology is not relevant whatsoever to Humira buyers' allegations that the pharmaceutical giant used a "patent thicket" to illegally delay less-expensive biosimilars for the immunosuppressant.

  • May 20, 2020

    Cboe Investors To Take VIX Manipulation Loss To 7th Circ.

    Investors suing over alleged manipulation of the Chicago Board Options Exchange's volatility index signaled Tuesday that they're following through with plans to challenge the exchange's escape from claims that it knew about the allegedly anti-competitive scheme.

  • May 20, 2020

    French Regulator Eyes Tech Giants' Impact On Digital Banking

    France's antitrust watchdog announced plans Wednesday to scrutinize the fintech industry and said it will be looking into what impact tech giants including Apple and Google are having on digital payments.

  • May 19, 2020

    Nidec Settles Out Of Auto Switch Price-Fixing Suit For $1.4M

    A Japanese company accused of being part of a price-fixing conspiracy involving switches used in automobiles has agreed to pay $1.4 million to end a proposed class action, according to a settlement filed in Michigan federal court.

  • May 19, 2020

    Spotify Calls Exec Behind Music Rights Group A 'Fraudster'

    A 21-year-old behind a music rights organization suing all the major players in music streaming and broadcasting for allegedly boycotting his organization is really just a "fraudster" who created "millions" of fake streaming accounts to gin up royalty payments, Spotify said Monday.

  • May 19, 2020

    CRT Buyers Urge 9th Circ. Not To Ax $577M Deal Challenge

    Cathode ray tube buyers who were cut out of $576.8 million in price-fixing deals fought to keep their appeals before the Ninth Circuit on Monday, lashing out at "aspersions" cast by the buyers who inked those deals and believe the appeals are premature.

Expert Analysis

  • Questions Raised By The Proposed Vertical Merger Guidelines

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    Public comments on the federal antitrust agencies' draft vertical merger guidelines show that practitioners want more concrete guidance and that there is little consensus over how much weight to give theories of harm, empirical evidence or potential consumer benefits, say economists at Cornerstone Research.

  • Pandemic May Prompt Legislative Action On Court Deadlines

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    The COVID-19 crisis shines light on the fact that the federal government and most states do not have the power to toll statutes of limitations, and could lead to a full-scale reconsideration of the Federal Judiciary Emergency Powers Tolling Act or other legislative efforts, say Reed Brodsky and Michael Nadler at Gibson Dunn.

  • 6 Antitrust Considerations For Companies During Pandemic

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    While antitrust laws have not changed in response to the COVID-19 crisis, the risk of crossing the antitrust line has increased substantially, say Jay Levine and Allen Carter at Porter Wright.

  • Series

    Judging A Book: Richardson Reviews 'Criminal Dissent'

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    In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalog every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • Suppliers Should Prep For Price Discrimination Claim Surge

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    As customers increasingly ask for extended payment terms due to pandemic-related financial hardship, suppliers should implement policies that comport with the Robinson-Patman Act to avoid price discrimination claims and lawsuits by bankrupt customers seeking large damage awards, say Colin Kass and David Munkittrick at Proskauer.

  • A Proposed Technology-Assisted Review Framework

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    Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

  • What To Expect From FTC's Big Tech Merger Review

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    The Federal Trade Commission's recent request for information on nonreportable acquisitions completed by Alphabet, Amazon, Apple, Facebook and Microsoft during the past 10 years presents challenges and opportunities for all acquisitive companies, say Raymond Jacobsen and Jonathan Ende at McDermott.

  • Best Practices For Food And Beverage Pricing Right Now

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    With increased demand and production costs due to supply chain disruptions during the pandemic, food and beverage companies should make several key evaluations to deal with the economic pressures without running afoul of federal and state price-gouging enforcement, say Katie Gates Calderon and Elizabeth Fessler at Shook Hardy.

  • Rebuttal

    Interlocutory Appeals In MDLs Would Burden Litigants, Courts

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    A Law360 guest article earlier this month suggested amending the Federal Rules of Civil Procedure to allow appeals of interlocutory orders in multidistrict litigation, but this would hurt litigants, diminish the ability of MDL judges to manage their dockets, and clog the courts, says Brian Devine at Seeger Salvas.

  • How Lawyers Can Find Equanimity In Crisis

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    Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • A Look Back At Recession's Effect On Merger Challenges

    Excerpt from Lexis Practice Advisor
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    Making reasonable guesses as to why merger investigations and challenges by the U.S. Department of Justice and Federal Trade Commission stayed fairly steady during the Great Recession provides some clues as to what may happen in the COVID-19-related economic downturn, says Tim Haney at Lexis Practice Advisor.

  • Opinion

    Courts Should Look To 3 Bar Exam Alternatives During Crisis

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    While the pandemic delays bar exams, jurisdictions should adopt other ways to license new lawyers, as sticking to the status quo would abdicate our profession’s responsibility to meet the public’s legal needs, say law professors Deborah Jones Merritt, Marsha Griggs and Patricia Salkin.

  • The Road Back To Business As Usual: 12 Steps For Cos.

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    It is not too early for in-house counsel, compliance personnel and senior management to start planning for the end of the pandemic, and lessons from previous crises can guide management of the various enforcement and litigation risks in the new normal, say attorneys at White & Case.

  • Virtual Mediation A Viable Option For Class Action Litigants

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    While stay-at-home orders remain in place, virtual class mediation can provide timely answers to important questions, such as whether a case can be settled and how the pandemic has changed the litigation landscape for the parties, says Niki Mendoza at Phillips ADR.

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