Competition

  • May 19, 2020

    Food Lion Targets Part Of Co-Op's $433M Dean Foods Deal

    Food Lion LLC filed a lawsuit against Dairy Farmers of America in federal court Tuesday challenging the cooperative's recent purchase of milk processing facilities in North and South Carolina, part of a larger $433 million purchase of assets from bankrupt milk producer Dean Foods that it said fits within a long-running anti-competitive campaign.

  • May 19, 2020

    Comcast To Take Viamedia's Antitrust Case To Supreme Court

    Comcast plans to ask the Supreme Court to shut down a $160 million antitrust lawsuit filed by rival Viamedia, which claims the cable giant illegally monopolized the local television advertising market.

  • May 19, 2020

    Jiffy Lube Looks To Trim No-Poach Suit Again

    Jiffy Lube has asked a Pennsylvania federal court to cut pieces of former workers' amended complaint over its past use of no-poach provisions in franchise agreements, saying the court had already tossed identical claims in a previous ruling.

  • May 19, 2020

    9th Circ. Says Reno Immune To Recycle Co.'s Antitrust Claims

    Reno can wash its hands of a suit accusing the Nevada city of restraining competition for recycling collection services after the Ninth Circuit found Monday that a dispute over what constitutes "waste" was better sorted out locally.

  • May 19, 2020

    Gibson Dunn Adds Litigation Group To Hong Kong Office

    Gibson Dunn & Crutcher LLP announced it has added two ex-Clifford Chance LLP attorneys, along with six others, to its Hong Kong office to focus on high-end litigation, arbitration and financial regulatory matters, among other issues.  

  • May 19, 2020

    CMA Trial To Ban Ex-Real Estate Pro Will Proceed, Judge Says

    A London judge said Tuesday he was not inclined to postpone a June trial over the U.K. competition authority's efforts to disqualify the former director of a British real estate agency for price-fixing unless it was shown that a key witness couldn't testify.

  • May 19, 2020

    Rival Targets Topgolf's Deal For Ball-Tracking Tech In New Suit

    SureShot Golf Ventures, Inc., a now-defunct golf entertainment venue operator, has renewed claims that Topgolf Entertainment Group broke antitrust laws by blocking access to technology that SureShot built its business around, making it unable to compete.

  • May 18, 2020

    Mylan Pushes For Mediation In EpiPen Antitrust Suit

    Mylan has urged a Kansas federal judge to compel a pharmacy operator to mediate its proposed class action over the price of emergency allergy medication EpiPen, saying the company is bound by a contract that requires it to enter mediation before filing a suit. 

  • May 18, 2020

    9th Circ. Affirms NCAA Can't Limit Education-Related Benefits

    The Ninth Circuit said Monday that a California judge properly threaded the needle in an antitrust lawsuit over whether the NCAA may cap benefits schools offer college athletes, upholding a ruling that struck down NCAA rules blocking benefits tied to education but kept in place others meant to stop athletes from being treated like professionals.

  • May 18, 2020

    Judge May Toss IP, Monopolization Claims Against Apple

    A Delaware federal judge sounded skeptical during a hearing Monday over claims from a software company that Apple infringed one of its patents and uses control over applications that run on its devices to monopolize two separate markets for email clients.

  • May 18, 2020

    1-800 Contacts To Pay $15M To Exit Consumer Antitrust Case

    1-800 Contacts has agreed to pay $15.1 million to end an online contact lens buyer case alleging that ad agreements it struck with retail rivals kept search engine users in the dark about potentially cheaper contact options. 

  • May 18, 2020

    FCC Mulls Rule Break So Broadcasters Can Offer Internet

    The Federal Communications Commission will consider a plan next month to suspend some of its media ownership rules that apply to the TV-band airwaves, potentially allowing broadcasters to get into the business of providing broadband.

  • May 18, 2020

    FAA Defends Grounding Of Abandoned Newark Flight Slots

    The Federal Aviation Administration has defended its decision to shelve Southwest Airlines' recently relinquished peak flight slots at Newark Airport as a "cautious and reasoned" strategy for reducing congestion at the busy facility.

  • May 18, 2020

    Banks Fight To Nix Exchange's Boycott Conspiracy Suit

    Several major banks have shot back at a small trading exchange's bid to preserve its suit accusing the banks of conspiring to shut it out of the credit default swap market, telling a New York federal judge that the exchange's attempt to salvage antitrust claims is implausible.

  • May 18, 2020

    Bayer Foe Says Emailing Arnold & Porter Counts As Service

    A California federal court has been urged to allow German-based Bayer AG and a subsidiary to be served documents for an antitrust suit over medication for fleas and ticks via email and through U.S.-based Bayer HealthCare LLC's attorneys at Arnold & Porter, due to service hiccups caused by the coronavirus pandemic. 

  • May 18, 2020

    EU Approves €903M Belgian Plan To Reinsure Trade Credit

    European competition authorities gave their blessing Monday to a €903 million ($984.59 million) Belgian reinsurance plan to shore up trade credit insurance, which helps buyers pay for goods and services without cash upfront, as the coronavirus wreaks havoc on the global economy.

  • May 15, 2020

    Quanta Tells 5th Circ It Was Ordered 'To Do The Impossible'

    Quanta Storage Inc. urged the Fifth Circuit on Thursday to upend a Texas federal judge's orders requiring it to turn over all its assets after HP Inc. won a $438.7 million judgment against the manufacturer in a price-fixing case, arguing that those orders are unenforceable.

  • May 15, 2020

    DOJ Approves Farmers' Collaboration To Euthanize Hogs

    The U.S. Department of Justice said Friday it does not see any competitive problems with efforts from the nation's largest association of hog farmers to help coordinate the killing of unmarketable livestock accumulating in the wake of COVID-19 processing plant closures.

  • May 15, 2020

    What To Watch As COVID-19 Cash Crunch Fuels Hospital M&A

    Hospitals desperate to steady themselves after being buffeted by COVID-19's financial shockwave are likely in coming months to seriously consider mergers and acquisitions, but lawmakers are already pushing back and antitrust enforcers will probably be skeptical. Here are key issues to keep an eye on.

  • May 15, 2020

    9th Circ. Nixes Hagens Berman's $48M Fees In Disk Drive MDL

    A pair of Ninth Circuit panels on Friday dissolved $48 million worth of attorney fee awards that Hagens Berman Sobol Shapiro LLP snagged from a series of price-fixing settlements, finding the firm didn't explain why its fee requests differed significantly from estimates proposed in its bid to lead the case.

  • May 15, 2020

    Software Co. Tells Justices 9th Circ. Erred On Content Filters

    A security software company wants the U.S. Supreme Court to take on a Ninth Circuit decision reviving unfair competition claims the company says should be blocked by the Communications Decency Act's protections for content filtering.

  • May 15, 2020

    DOJ Gets Time In Doormaker's 4th Circ. Divestiture Battle

    The Department of Justice will get a five-minute window to say its piece when two doormakers face off before the Fourth Circuit later this month in an appeal of one's successful challenge of the other's merger.

  • May 15, 2020

    Peanut Giants Lose Bid To Dismiss Price-Fixing Suit

    A Virginia federal judge has ruled that Birdsong Corp. and Golden Peanut Co. LLC, the largest players in the peanut shelling industry, cannot escape an antitrust suit accusing them of running a scheme to stabilize and hold down the cost of farmers' raw and harvested peanuts.

  • May 15, 2020

    EU Lets Nidec Repurchase Unit Shed For Embraco Deal

    The European Commission on Friday granted Nidec Corp. a partial waiver of the commitments it made last year to win approval for its $1.08 billion purchase of Whirlpool Corp.'s Embraco refrigeration compressor business so it can repurchase a production line it shed.

  • May 15, 2020

    Veeva Slams IQVIA's Sanctions Bid As 'Hyperbolic'

    Pharmaceutical information technology company Veeva Systems Inc. on Friday slammed the sanctions bid by life sciences data giant IQVIA in trade secrets litigation, telling a New Jersey federal court Friday to reject IQVIA's "hyperbolic and groundless" allegation that Veeva destroyed evidence.

Expert Analysis

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • 7th Circ. Ruling Solidifies Circuit Split On Antitrust Standing

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    In Marion Healthcare v. Becton Dickinson, the Seventh Circuit last month held the so-called co-conspirator exception applies beyond vertical price-fixing conspiracies when it comes to antitrust standing for indirect purchasers — solidifying a circuit split that may soon be addressed by the U.S. Supreme Court, say William Reiss and Noelle Feigenbaum at Robins Kaplan.

  • Antitrust Tools For Dealmakers Preparing For Better Times

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    When the U.S. economy inevitably returns to health, a number of antitrust rules already on the books can facilitate rapid investment in distressed companies, minority interest acquisitions and other securities sales without government delay, say Harry Robins and David Brenneman at Morgan Lewis.

  • How COVID-19 Might Uproot Centuries Of Litigation Traditions

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    Litigation has historically been an in-person activity, but the COVID-19 crisis might bring a long-lasting shift toward adoption of technologies that allow discovery and other litigation activities to proceed in a manner that preserves social distancing, say Elisabeth Ross and Christopher Hennessy at Cozen O’Connor.

  • Price-Gouging Or Normal Market Functioning Amid COVID-19?

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    Economic analysis of supply chain interruptions, capacity constraints, increased supplier bargaining power, increased search costs, and costs for new entrants — which can drive price elevation in emergencies like COVID-19 — can help disentangle normal market functioning from price-gouging, say Mary Beth Savio and Timothy Snail at Charles River Associates.

  • Consider Legal Ramifications Before Recording Video Calls

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    Given the ease with which videoconference participants can unwittingly risk civil and criminal liability by unlawfully recording calls, attorneys should be mindful of — and clients may appreciate prospective advice on — state consent laws and the various meeting platforms' consent features, say Daniel Rozansky and Crystal Jonelis at Stubbs Alderton.

  • Opinion

    Breaking Up Big Tech Is Not Necessary For Accountability

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    Authorizing the Federal Trade Commission or a new digital authority to police dominant tech platforms pursuant to a new legal standard outside of antitrust can protect independent retailers, websites and app providers without the drastic measure of breaking up big tech, says Hal Singer of Econ One.

  • A New Breed Of Antitrust Challenges To FDA's Orange Book

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    ​​​​​​​Two recent federal antitrust rulings concerning Orange Book entries' improper overextension of branded drug exclusivity reflect the challenges courts face in resolving controversies the U.S. Food and Drug Administration has ducked, says Benjamin Greenblum at Williams & Connolly.

  • 3 Tips For Deposing Difficult Witnesses Remotely

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    Taking a deposition of an uncooperative witness is one task made immeasurably more difficult during the current pandemic, and certain deposition styles that may be extremely forceful in person may have limited effectiveness over videoconference, says Qian Julie Wang at Robins Kaplan.

  • Defense Industry Lessons From UTC-Raytheon Deal Review

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    The U.S. Department of Justice Antitrust Division’s recent challenge to the United Technologies-Raytheon merger is the first aerospace and defense industry review since draft vertical merger guidelines were released in January, and provides a look at how the guidelines' principles and theories may be applied, say Jon Dubrow and Anthony Ferrara at McDermott.  

  • How Courts Are Shaping Disclosure Of 3rd-Party MDL Funding

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    Despite the lack of regulations requiring the disclosure of litigation financing in the multidistrict litigation context, recent orders demonstrate a court’s ability to craft disclosure obligations to ensure counsel’s compliance with ethical duties, say Stephanie Spangler at Norris McLaughlin and Dai Wai Chin Feman at Parabellum Capital.

  • Opinion

    Cos. Should Not Illegally Profit From Our Pandemic Pain

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    Some opportunistic companies have started to take advantage of consumers and workers during the COVID-19 crisis, so lawyers must remain vigilant — and mindful of state consumer protection and labor statutes — to guard against unscrupulous profiteering, says attorney Daniel Karon.

  • Opinion

    New Jersey's Plan For 2020 Law Grads Is Brilliant

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    The New Jersey Supreme Court's much-needed order allowing this year's law school graduates to practice prior to being admitted should be adopted in New York — and developed further even after the pandemic ceases, says attorney Dmitriy Shakhnevich.

  • New Insights On Resale Price Maintenance In China

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    The most recent resale price maintenance violation cases in China indicate that companies under investigation should take a more proactive approach and organize detailed rebuttal evidence materials to fully evaluate competitive impact, say attorneys at Tian Yuan Law Firm.

  • Managing E-Discovery Providers In Times Of Crisis

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    Retention of e-discovery providers usually involves considerable time and several layers of approval, but practicalities during the current emergency have proven that law firms must have the acuity to make smart but quick game-time decisions, says Shannon Capone Kirk at Ropes & Gray.

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