Competition

  • August 05, 2019

    Kessler Topaz Wants Back On Top Of VIX Manipulation MDL

    Kessler Topaz has told an Illinois federal court it wants to be bumped back up to co-lead counsel in multidistrict litigation over the alleged manipulation of the Chicago Board Options Exchange's volatility index.

  • August 05, 2019

    DOJ Eyeing Auto Parts Maker ZF's $7B Plan To Buy Wabco

    The U.S. Department of Justice wants more information on auto parts maker Wabco's plan to be bought out by German rival ZF for a whopping $7 billion, Wabco has revealed in a U.S. Securities and Exchange Commission filing.

  • August 05, 2019

    3 Things Employers Should Know About Antitrust Law

    Between the U.S. Department of Justice's standing threat to pursue criminal charges against companies that agree not to poach each other's workers and businesses' use of data to inform pay decisions, antitrust law is a serious concern for employers in 2019. Here, Law360 looks at three developing areas where competition law intersects with the workplace.

  • August 05, 2019

    Main CRT Class, Electronics Cos. Defend $577M Deals

    Cathode ray tube manufacturers, including Toshiba and Panasonic, urged a federal judge Friday not to formally vacate their $576.8 million price-fixing settlements bundle with consumers, arguing that a bid to nix the deal by purchasers excluded from the settlement is mooted by a new agreement.

  • August 05, 2019

    Judge: 2nd Circ. Didn't Sink Dental Startup's Damages Claims

    A New York federal court on Monday found that a recent Second Circuit decision did not sink SourceOne Dental Inc.’s claims against Benco and Patterson seeking damages for an alleged boycott of the startup dental supplier.

  • August 05, 2019

    Drugmakers Fight To Undo Loestrin Antitrust Class Cert.

    Warner Chilcott and Watson Pharmaceuticals want the First Circuit to take up their appeal of a class certification ruling in a suit alleging they delayed generic alternatives to the birth control drug Loestrin, saying the buyers are not numerous enough to warrant class treatment.

  • August 05, 2019

    Sprint-T-Mobile Opponents Call For Public Comment On Deal

    The Federal Communications Commission should give the public a fresh chance to weigh in on Sprint and T-Mobile's merger now that the deal's architecture has fundamentally changed, two rural broadband groups that oppose the tie-up asserted Monday.

  • August 05, 2019

    Qualcomm Can't Hang Up On Class Cert., 9th Circ. Told

    Qualcomm's arguments against class certification would be better handled at the district court level on the merits than allowing the chipmaker to challenge an antitrust class estimated at 250 million U.S. consumers at the Ninth Circuit, cellphone buyers said Friday.

  • August 05, 2019

    Portugal Fines Zurich, 4 Insurers €54M For Price Fixing

    Portugal’s competition authority has fined four insurance companies and a national branch of Zurich Insurance Group a total of €54 million ($60 million) for engaging in “cartel practices."

  • August 02, 2019

    AstraZeneca Hit With Pay-For-Delay Suit Over Seroquel XR

    Drug distributor J.M. Smith Corp. slapped AstraZeneca with an antitrust lawsuit in New York federal court on Friday claiming the pharmaceutical giant paid off a pair of generic-drug makers to stave off rivals to its brand anti-psychotic drug.

  • August 02, 2019

    Allergan To Pay $2.7M To End Certain Generic-Delay Claims

    Allergan will pay a combined $2.7 million and allow judgment to be entered against it to resolve claims from three of the plaintiffs accusing the company's subsidiary of delaying generic competition for Asacol, according to letters filed in Massachusetts federal court Friday.

  • August 02, 2019

    DC Circ. Grounds Challenge To FAA Airport Runway Rules

    The D.C. Circuit said Friday it isn't going to strip away Federal Aviation Administration regulations that limit takeoffs and landings at New York City's major airports just because an aviation company says it has a better plan.

  • August 02, 2019

    Helicopter Co. Didn't Prove Antitrust Claims, Judge Says

    A Kansas helicopter repair company failed to prove that subsidiaries of a French aerospace company are unreasonably restraining competition, a Texas federal judge has ruled, saying the company didn’t present enough evidence to prove its price-fixing and group boycott claims.

  • August 02, 2019

    Australia Fines K-Line $23M For Fixing Auto Shipping Prices

    An Australian court has fined Japanese shipper K-Line AU$34.5 million ($23.4 million) for its role in a yearslong scheme to fix prices for shipping cars, trucks and buses, marking the largest criminal fine ever imposed under the country's competition laws.

  • August 02, 2019

    UK Probing Salesforce's $15.7B Tableau Deal

    The U.K.'s competition enforcer has opened an investigation into cloud-based software company Salesforce.com Inc.'s recently closed $15.7 billion purchase of analytics platform Tableau Software.

  • August 02, 2019

    Texas Blurs Partisan Divide In Sprint/T-Mobile Challenge

    The barrier between Republicans' support of a U.S. Department of Justice deal clearing T-Mobile and Sprint’s $56 billion merger and the Democrats' opposition to the tie-up was breached Thursday, after Texas became the first GOP-represented state to throw its logistical weight and political clout behind the challenge.

  • August 02, 2019

    Car-Sharing Apps Face Tough Regulatory Road

    The growth of car-sharing apps allowing owners to rent out their personal vehicles has roiled cities, airports and rental car companies that claim the new tech-based companies are exploiting gaps in regulation and need to be reined in by stiffer rules.

  • August 02, 2019

    $625M Peroxide Merger May Hurt Competition, FTC Says

    The Federal Trade Commission on Friday challenged Evonik Industries AG's $625 million proposed buy of PeroxyChem Holding Co., positing in a complaint that it could harm competition in an already highly concentrated hydrogen peroxide market with a history of strong interdependence between competitors.

  • August 02, 2019

    Klobuchar Floats Bill To Beef Up Section 2 Enforcement

    Sen. Amy Klobuchar, D-Minn., said Friday that she had introduced a bill intended to crack down on dominant companies by empowering federal enforcers to seek civil fines for Section 2 monopolization offenses.

  • August 02, 2019

    Online Pharmacy Says Anthem Illegally Axed It From Network

    Venture-backed online pharmacy CareZone has sued Anthem Insurance Cos. Inc. and two other insurers in California federal court for allegedly violating state competition laws and Tennessee's "any willing provider" law by canceling a provider agreement between the insurer and CareZone, then shutting the startup out of its pharmacy network.

  • August 02, 2019

    Mylan CEO Must Face New EpiPen Deposition, Judge Rules

    Consumers can depose Mylan Inc.'s CEO again in multidistrict litigation over EpiPen price hikes because new and "highly relevant" information has surfaced about potential maneuvers to block lower-cost competition, a Kansas federal judge ruled Friday.

  • August 02, 2019

    Jones Day Adds Vinson & Elkins Antitrust Co-Chair In Texas

    Jones Day's Houston office has snagged the former co-chair of Vinson & Elkins LLP's antitrust practice, a veteran litigator who has represented clients in the health care, energy and chemicals industries, the firm announced Thursday.

  • August 02, 2019

    Uber Flouted Regs To 'Destroy' Mass. Taxis, Judge Hears

    Dozens of taxi companies told a federal judge Friday that Uber Technologies Inc. owes them $124 million in damages for operating in Boston for three years in violation of city laws, pointing to internal communications at Uber as evidence that the ride-hailing giant's conduct was "egregious" as a seven-day bench trial concluded. 

  • August 01, 2019

    FaZe Clan Counterstrikes ESports Gamer With $20M Suit

    Gaming company FaZe Clan Inc. on Thursday fired back at professional esports gamer Turner “Tfue” Tenney, claiming in a countersuit that the Fortnite celebrity disparaged the company, plundered its confidential information and is now encouraging other gamers to leave the company.

  • August 01, 2019

    1st Republican AG Joins Suit Against Sprint, T-Mobile Merger

    Texas has joined more than a dozen other states suing in New York federal court to block T-Mobile and Sprint’s $56 billion merger, marking the first Republican attorney general to join the all-Democrat coalition of challengers, the New York attorney general announced Thursday.

Expert Analysis

  • Opinion

    Huawei Ban Creates Challenge For Int'l Antitrust Enforcement

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    As illustrated by Google's decision to suspend all business with Huawei, recent White House trade restrictions may have opened a Pandora's box that threatens to shake the foundations of effective competition and consumer welfare well beyond the United States' borders, says Christian Peeters at DWF.

  • Opinion

    Millennials Are Pushing Back Against Law Firm Sexism

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    A recent survey of millennial attorneys shows men and women are having very different BigLaw experiences, but share similar goals. It's imperative that partners recognize that they’re the ones in a position to change the culture, says Michelle Fivel of Major Lindsey.

  • And Now A Word From The Panel: Why Not Just Arbitrate?

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    A recent ruling by the Judicial Panel on Multidistrict Litigation, concerning the possibility of compelled arbitration over allegedly defective cement siding, illustrates how the panel’s decision-making process turns on whether a proposed MDL will "promote the just and efficient conduct" of the litigation, says Alan Rothman of Arnold & Porter.

  • 3 Law Firm Business Tactics To Support A Niche Practice

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    Once you've chosen a strategy for your law firm, what tactics will promote success? There are three tactical areas important to all firms, regardless of specialty or size, but particularly critical for today’s niche firms, say Yussuf Aleem and Jacob Slowik of Joseph Aleem.

  • App Store Opinion Returns Antitrust Enforcement To Its Roots

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    In Apple v. Pepper, the U.S. Supreme Court recently reined in the decades-old "direct purchaser" rule for antitrust claims and reinforced the importance of private antitrust enforcement in the process. But the ruling did not go as far as it could have, says Lauren Weinstein at MoloLamken.

  • Latest Mastercard Ruling Is A Milestone For UK Class Actions

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    A London appeals court recently revived a £14 billion proposed class action against Mastercard for charging high credit card fees, which represents a fillip for consumers in the ultimate David vs. Goliath contest but is not a slingshot to success just yet, say attorneys at FaegreBD.

  • Pharmaceutical Antitrust Legislation To Watch

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    Congress is currently considering a number of bills that address drug prices by focusing on pharmaceutical and biologics competition, with a particular emphasis on conduct that may be perceived to delay competitive entry, say attorneys at Wilson Sonsini.

  • Real-Life Lessons For Lawyers From 'Game Of Thrones'

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    What lessons can the various hands, maesters, council members and other advisers in "Game of Thrones" impart to real-life lawyers? Quite a few, if we assume that the Model Rules of Professional Conduct were adopted by the Seven Kingdoms, says Edward Reich of Dentons.

  • 5 Tips To Help Your Summer Associates Succeed

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    There are a number of ways that attorneys can ensure their summer associates successfully manage critical writing assignments and new types of professional interactions, says Julie Schrager of Schiff Hardin.

  • What Antitrust Attys Need To Know About Labor Monopsony

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    Economists for a long time assumed that labor markets are competitive and do not pose any problems for antitrust law. But new research has shown that this assumption is wildly inaccurate, says Eric Posner of MoloLamken.

  • Keys To Communicating A Law Firm's Mission

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    Today’s law firm leaders are pretty good at developing a strategic vision for the enterprise, but there is often a disconnect between that road map and the marketing department’s rank and file, leading to a deliverable that does little to differentiate the firm, says José Cunningham, a legal industry consultant.

  • Opinion

    FTC V. Qualcomm Should Be Viewed Through A Wider Lens

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    The U.S. Department of Justice recently stated that a remedy in Federal Trade Commission v. Qualcomm, pending in the Northern District of California, “should work as little injury as possible to other public policies.” The DOJ’s counsel gains added force from provocative evidence in the foreshortened Apple-Qualcomm licensing trial in the Southern District of California, says professor David Teece of the University of California, Berkeley.

  • Opinion

    How Lawyers Can Help Save The Planet

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    Over a dozen major law firms have joined our effort to overcome the legal obstacles that states, cities and businesses face in fighting climate change. But more lawyers are needed, say Michael Gerrard of Columbia Law School and John Dernbach of Widener University Commonwealth Law School.

  • A Potential New Fight Over FTC's 13(b) Authority

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    On Friday, ​AdvoCare ​announced​ that an immediate change to its business model was its “only viable option​" and that ​it was​ “in confidential talks” with the F​ederal Trade Commission.​ ​​It seems likely that AdvoCare made the change in order to argue that the FTC does not have authority to bring this case against the company, says John Villafranco of Kelley Drye.

  • Opinion

    FTC Must Tackle Anti-Competitive Drug Rebate Practices

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    The Federal Trade Commission is well-equipped to take action against the anti-competitive "rebate walls" that pharmaceutical manufacturers are structuring in order to block new innovative drugs from entering the market, says David Balto, a former policy director of the FTC's Bureau of Competition.

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