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Competition

  • June 6, 2019

    FCC's Sprint-T-Mobile Moves Are 'Irregular,' Dem Says

    The Federal Communications Commission's handling of the pending T-Mobile-Sprint merger has been "procedurally irregular," one of the agency's Democratic members said Thursday, criticizing the Republican majority for suggesting they'll support the deal before reviewing analyses of the merger still being prepared at the agency and the Department of Justice.

  • June 6, 2019

    Kmart Cuts StarKist Loose From Tuna Price-Fix MDL

    Dozens of grocers, including Kmart Corp., have come to terms that will allow StarKist Co. to bow out of multidistrict litigation accusing it of conspiring with its rivals to hike up the price of canned tuna, according to a filing in California federal court.

  • June 6, 2019

    TV Giants Bash Ad Buyers' Price-Fix Case As Just A 'Theory'

    Sinclair, Tribune and five other broadcast giants are gunning to shut down ad purchasers' claims that the media companies conspired to hike the prices of TV ads, telling a Chicago federal judge the buyers' allegations are based on nothing but speculation.

  • June 6, 2019

    5 Banks Fined $91M Over Forex-Rigging Claims

    Five major banks including JP Morgan and Barclays have been fined almost 90 million Swiss francs ($91 million) for allegedly colluding to manipulate trading in foreign exchange markets, Switzerland's antitrust authority said Thursday, bringing the total penalties imposed on the lenders for competition violations to nearly $1.3 billion.

  • June 5, 2019

    CVS Gets Aetna's 'Huge Collection Of Customers,' Judge Says

    The D.C. federal judge reviewing the U.S. Department of Justice deal clearing the CVS-Aetna merger on Wednesday expressed doubt about the companies' claim that the tie-up won't give them leverage over rival pharmacy benefit managers.

  • June 5, 2019

    EU Pauses $975M Telia Deal Review, Citing Missing Info

    The European Commission has paused its in-depth review of Swedish telecom Telia AB’s planned $975 million deal with Swedish media group Bonnier AB, pointing to key information the pair didn’t hand in on time.

  • June 5, 2019

    DOJ Again Mulling Decades-Old Music Licensing Orders

    The U.S. Department of Justice launched an official review Wednesday of the 75-year-old agreements governing music licensing groups BMI and ASCAP to see if they need to be modified or terminated in light of changes to the music industry.

  • June 5, 2019

    Court OKs Cancer Center's Revised $7.2M Antitrust Deal

    A Florida federal judge on Wednesday signed off on a $7.2 million settlement in a class action against a Florida cancer treatment center accused of scheming to monopolize oncology services, saying revisions to the proposed deal put to rest several concerns he raised last month.

  • June 5, 2019

    GOP Sen. Blasts House Antitrust Probes Into Tech Giants

    Sen. Mike Lee, R-Utah, questioned the need for Congress to investigate antitrust abuses Wednesday after reports that members of the House of Representatives plan to hold hearings into the market power of internet giants like Amazon and Google.

  • June 5, 2019

    Deals Rumor Mill: Arriva, T-Mobile, Permira

    Carlyle and DWS are reportedly getting ready to lob offers for Deutsche Bahn's Arriva unit, T-Mobile has tapped Goldman Sachs to help it sell assets as part of its efforts to win approval of a merger with Sprint, and private equity firm Permira is about to hit the final close of a $1.7 billion fund.

  • June 5, 2019

    Jiffy Lube Says Domino's No-Poach Ruling Does Not Apply

    Jiffy Lube has told a Pennsylvania federal court that a recent ruling in a suit challenging no-poach provisions in Domino's pizza chain's franchise agreements is not applicable to a proposed class action against the car service chain because Domino's competes against its franchisees.

  • June 5, 2019

    Walmart 'Disappointed' By Mexico’s Block Of $225M App Buy

    Walmart said Wednesday it was “disappointed” by a decision from Mexico’s competition authority to oppose a $225 million deal between the global retailer’s Mexican division and a grocery delivery app.

  • June 5, 2019

    Subprime Giant NSF Drops £1.3B Hostile Bid For Rival

    Subprime loan company Non-Standard Finance pulled the plug on Wednesday on a £1.3 billion ($1.7 billion) hostile takeover bid for a rival lender after admitting it would fail to win approval from British regulators.

  • June 4, 2019

    Calif. Inks Settlement With Endo Over Pay-For-Delay Scheme

    Endo International PLC has promised to pay several hundred thousand dollars and agreed to a court order blocking the pharmaceutical company from engaging in certain business conduct in exchange for resolving claims of anticompetitive activity brought by California's attorney general.

  • June 4, 2019

    Court Says Discovery Needed In FINA Antitrust Suit

    A California federal judge on Tuesday put off ruling on a bid by swimming's international governing body, FINA, to dismiss suits accusing it of leveraging its power to shut down a competing event, finding that discovery is needed before a decision can be made.

  • June 4, 2019

    Forest Labs Scorched By 'Displeased' Judge After Fire Drill

    After a fire drill delay, a Manhattan federal judge fumed at Forest Laboratories LLC on Tuesday for failing to disclose a memo earlier in an antitrust suit alleging that the drugmaker blocked generic alternatives to its Namenda Alzheimer’s treatment, saying she was "very displeased with Forest."

  • June 4, 2019

    Developers Accuse Apple Of Monopolizing App Distribution

    Developers hit Apple with a proposed class action in California federal court Tuesday, accusing the tech giant of monopolizing the distribution of apps on its devices, weeks after the Supreme Court found that app users were among those who could sue over the alleged practices.

  • June 4, 2019

    Don’t Read Too Much Into Feds’ Google, Amazon Probes

    The Federal Trade Commission and the U.S. Department of Justice have reportedly agreed to divvy up their antitrust scrutiny of Amazon and Google, yet experts caution that doesn’t necessarily mean any major investigation or enforcement is forthcoming, even as a broader congressional inquiry gets underway.

  • June 4, 2019

    Banks Win Access To Claim Forms In Libor-Rigging Suit

    Several banks accused of Libor-rigging, including Barclays and UBS, can access investor claim forms submitted to other banks that settled out of the suit because the forms include details relevant to an upcoming bid for class certification, a New York federal judge ruled Monday.

  • June 4, 2019

    44 States' Generic-Drug Pricing Suit Rolled Into Pa. MDL

    A lawsuit filed in Connecticut last month by 44 state attorneys general accusing drugmakers of a sprawling scheme to fix generic-drug prices was transferred Tuesday to the Pennsylvania federal court overseeing multidistrict litigation over pricing in the industry.

  • June 4, 2019

    Car Paint Supplier Wants Out Of Price-Discrimination Suit

    Automotive and industrial paint finishing supplier FinishMaster Inc. urged a California federal court Monday to free it from claims that it engaged in price discrimination through a discount deal with a paint company, arguing that the distributor suing it still hasn't backed up its claims with any facts.

  • June 4, 2019

    Truck Makers Dispute Validity Of Reps In UK Cartel Litigation

    Three truck manufacturers accused of operating as a price-fixing cartel urged the Competition Appeal Tribunal on Tuesday to disqualify two companies from bringing damages claims against them, saying their respective funding arrangements prevent them from representing a class.

  • June 3, 2019

    Drugmakers Want AGs' Generics Price-Fixing Claims Tossed

    Pharmaceutical companies including Actavis, Teva and Mylan have asked a Pennsylvania federal court to dismiss state law claims by 47 state attorneys general against them in multidistrict litigation accusing them of price-fixing generic drugs.

  • June 3, 2019

    Ex-JPMorgan Forex Trader Stuck Facing Conspiracy Charges

    A Manhattan federal judge on Monday denied a onetime JPMorgan trader's attempt to dump charges of bid-rigging and price-fixing conspiracy in the foreign exchange markets, ruling that it was too soon to exclude certain trading behaviors from examination. 

  • June 3, 2019

    Judges Question If Fintech IP Bundle Led To Monopoly

    Federal Circuit judges on Monday pressed Capital One on its contention that a patent licensing company created an illegal monopoly by bundling thousands of financial technology patents, but also asked why the bank’s antitrust claim should not proceed.

Expert Analysis

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 3

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    The American Bar Association’s antitrust meeting last week included many sessions addressing consumer protection. Attorneys with Perkins Coie share takeaways from some of the most interesting panels.

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 2

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    The American Bar Association’s antitrust meeting last week covered important merger issues, including international merger control, vertical merger enforcement and concentrated common ownership, say attorneys with Perkins Coie.

  • Highlights From 2019 ABA Antitrust Spring Meeting: Part 1

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    The American Bar Association’s antitrust meeting last week featured several sessions with representatives from federal and state antitrust enforcement agencies, and provided signals regarding current and future priorities, say attorneys with Perkins Coie.

  • 3 Things To Expect After NCAA Student-Athlete Pay Decision

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    A California federal court recently found that the NCAA's limits on amounts members can pay student-athletes violate federal antitrust law. John Richard Carrigan of Ogletree discusses the opinion and its potential impact.

  • Brexit Risk-Disclosure Considerations For US Reporting Cos.

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    Following recent remarks on Brexit by officials from the U.S. Securities and Exchange Commission and the U.K.'s Financial Conduct Authority, attorneys with Norton Rose Fulbright discuss the potential operational, financial and accounting risks posed by different Brexit scenarios that boards and audit committees should discuss in company disclosures.

  • A Potential Antitrust Pitfall For Amateur Sports Organizations

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    A recently filed suit in the Northern District of Illinois — Reapers Hockey Association v. Amateur Hockey Association Illinois — is a reminder of the complex precedent regarding antitrust exemptions for some, but not all, regulations of amateur sports, say David Hanselman and Joshua Eastby of McDermott Will & Emery LLP.

  • What We Heard At The FTC Hearings: Day 17

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    The latest hearing in the Federal Trade Commission’s series on competition in the 21st century addressed broadband markets. Marc Martin and Michael Sherling of Perkins Coie LLP discuss recurring themes, innovative concepts and other observations from the panels.

  • Legislative Fix For Post-Libor Issues Seems Improbable

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    Because the Libor rate for short-term loans will soon be gone, the U.S. Alternative Reference Rates Committee may seek to amend contracts wholesale through legislation. However, this solution would face serious political and legal obstacles, says Anne Beaumont of Friedman Kaplan Seiler & Adelman LLP.

  • Opinion

    Bill Against Forced Arbitration Is A Step In The Right Direction

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    Workers and consumers should not be forced into arbitration as a condition of working for or doing business with a company, and the recently introduced Forced Arbitration Injustice Repeal Act represents the first federal effort to rein in this practice, says Michael Maguire of the American Board of Trial Advocates.

  • And Now A Word From The Panel: An MDL Denial

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    In its recent denial of a motion to create a multidistrict proceeding in response to a “no-poach” clause in a company’s franchise agreements, the Judicial Panel on Multidistrict Litigation emphasized that there must be both “disputed” factual issues and “significant discovery" to justify an MDL, says Alan Rothman of Arnold & Porter.

  • Open-Source Software Raises Unique Antitrust Questions

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    The U.S. Department of Justice's review of the IBM-Red Hat deal is a reminder of potential anti-competitive concerns for participants in open-source software platforms, in mergers and acquisitions and beyond, say attorneys with Baker Botts LLP.

  • Setting The Record Straight On Women In Court Reporting

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    Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

  • Opinion

    Limiting Supreme Court's Size Is Not Enough

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    The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

  • Collective Redress In The EU: Past, Present And Future

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    Legislative processes harmonizing collective redress throughout the European Union have accelerated, leading to a proposed requirement that all member states establish collective action mechanisms, but some worry that the directive lacks sufficient guarantees against abusive litigation, say Philippe Métais and Elodie Valette of White & Case LLP.

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