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Competition

  • June 3, 2019

    Google, Amazon, Others Face House Antitrust Scrutiny

    House lawmakers said Monday they will probe the market power of internet giants like Amazon and Google in an announcement that came after media reports indicated the Federal Trade Commission and the U.S. Department of Justice have agreed to divvy up their own antitrust scrutiny of the companies. 

  • June 3, 2019

    Realtors' Antitrust Deal Can't Be Enforced, Judge Says

    A California magistrate judge recommended Friday that two real estate associations’ motion to enforce a settlement with a rival be denied, saying that district courts don’t have the authority to enforce the settlement and even if they did, there's not enough evidence to show the settlement was breached.

  • June 3, 2019

    Health Cos. Renew Becton Price-Fix Claim After Apple Case

    The recent U.S. Supreme Court ruling permitting iPhone users to bring antitrust claims against Apple should have the same effect for nixed claims accusing medical supplier Becton Dickinson & Co. and others of jacking up prices on syringes and catheters, health care providers told the Seventh Circuit last week.

  • June 3, 2019

    Door Supplier's Prices Still High Despite Verdict, Buyer Says

    Door part manufacturer Steves and Sons Inc. wants another $4 million tacked on to a $185 million antitrust verdict against a North Carolina-based door part supplier, as Steves told a Virginia federal court on Friday that the supplier has made no effort to change its pricing behavior.

  • June 3, 2019

    Hausfeld, Podhurst Picked To Lead Salmon Price-Fixing Suit

    A Florida federal judge on Monday approved a request by direct purchasers of farm-raised salmon to appoint Hausfeld LLP and Podhurst Orseck PA as lead counsel to litigate their consolidated class antitrust suit against various North Atlantic salmon farms accused of illegal price fixing.

  • June 3, 2019

    UK Watchdog Mulling New Rules For Tech Mergers

    The U.K.'s competition authority said Monday it is looking to refresh its strategy for reviewing mergers within the digital sector, including dominant tech platforms such as Amazon and Google, and is asking interested parties to weigh in.

  • June 3, 2019

    Feds Can Help Grow Rural Broadband, Cable Group Tells FTC

    Despite robust broadband service around the country generally, Washington could take some concrete steps to facilitate delivery in rural areas where service is still lacking, a trade group for small internet service providers told the Federal Trade Commission on Friday.

  • June 3, 2019

    Proposed Classes Ask To Combine Janssen Antitrust Suits

    Four proposed classes suing Janssen Biotech for allegedly using sham patent litigation to keep a generic version of its prostate cancer drug off the market want a Virginia federal court to consolidate their suits so they can team up against the pharmaceutical giant.

  • June 3, 2019

    Convicted Health Care Fraudster May See Probation Trimmed

    A Miami health care agency owner who served 54 months in prison for a $48 million Medicare fraud may get out of the last three months of his probation if he advances $1,500 he is due to pay the government during that period, a federal judge suggested Monday.

  • May 31, 2019

    Heritage Pharma Admits Price Fixing, Aids DOJ Probe

    Heritage Pharmaceuticals has admitted conspiring to fix prices for a diabetes drug and has given prosecutors “substantial and ongoing cooperation” to assist a long-running criminal investigation involving other generic-drug makers, the U.S. Department of Justice said Friday.

  • May 31, 2019

    FTC’s Phillips Warns Against Restrictive M&A Rules

    Federal Trade Commission member Noah Joshua Phillips warned Friday against “overly aggressive legislation and regulation” that would impair mergers and acquisitions, arguing in a New York City speech that corporate takeovers, buyouts and investor pressure can yield consumer benefits and should be “fostered,” not restricted.

  • May 31, 2019

    View Internet Competitors Broadly, Think Tank Urges FTC

    A conservative-leaning think tank is urging the Federal Trade Commission to define high-speed internet services more broadly for the purposes of developing competition policy, saying the government's approach to the sector must keep pace with technology developments.

  • May 31, 2019

    Sprint-T-Mobile Promises Still Fall Short, CWA Says

    The Communications Workers of America told the Federal Communications Commission on Friday that recent commitments by T-Mobile and Sprint to get their proposed merger approved do not go far enough, and would still result in less competition in the broadband services market and would not lower prices.

  • May 31, 2019

    Dental Implant Boards Beat Antitrust Certifications Suit

    An Illinois federal judge dismissed a suit accusing a group of dental boards of intentionally blocking a competitor from securing the right to hand out specialist oral implantology certifications, saying the complaint did not show enough evidence of conspiracy.

  • May 31, 2019

    Texas Justices Won't Hear Beer Distribution Rights Row

    A trio of Texas craft brewers couldn’t convince the Texas Supreme Court to hear their argument that a state law barring beer producers from selling regional distribution rights for their products is unconstitutional.

  • May 31, 2019

    Monthly Merger Review Snapshot

    The U.S. Department of Justice is scrutinizing Centene and WellCare’s $17 billion proposed merger between the government-focused health insurers, a majority of the Federal Communications Commission signaled support for Sprint and T-Mobile to join forces, and Germany's ThyssenKrupp abandoned a planned joint venture under European competition scrutiny.

  • May 31, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen two fraud victims sue Lloyds Bank over a banking scheme at HBOS, trustees of BT's pensions scheme sue Nationwide, and the Financial Conduct Authority face a lawsuit in connection with a convicted money lender. 

  • May 30, 2019

    DOJ Requires Divestitures In $6.8B Amcor-Bemis Tie-Up

    Amcor Ltd. will be required to divest three manufacturing facilities related to medical packing products and other assets in order to move forward with its $6.8 billion acquisition of Bemis Co., according to a proposed deal with the U.S. Department of Justice filed in D.C. federal court on Thursday.

  • May 30, 2019

    Uber Mum On Whether Calif. Agency Can Raise Its Rates

    Uber told a California federal judge on Thursday it's exempt from a state anti-competition law as a so-called transportation network company regulated by the California Public Utilities Commission, but couldn't offer a definitive answer when the judge asked whether the agency has the power to raise Uber's rates.

  • May 30, 2019

    AB InBev, Molson Slam DOJ's Support Of Suit's 'Last Crumbs'

    Anheuser-Busch InBev and Molson Coors Brewing Co. want the Seventh Circuit to reject the U.S. Department of Justice's partial support for a nixed antitrust suit accusing the companies of conspiring to shut down American beer exports to Ontario, Canada, arguing Tuesday the suit rests on blocked claims.

  • May 30, 2019

    Garuda Hit With $13M Australian Air Cargo Cartel Fine

    Australia’s competition enforcer said Thursday that Garuda Indonesia must pay AU$19 million ($13.1 million) for its part in a cartel to fix air freight shipping prices, bringing the total fines resulting from the watchdog’s investigation of the cartel up to AU$132.5 million.

  • May 30, 2019

    Tech Risks Rival 'Planes And Tanks,' Huawei Prosecutor Says

    U.S. Attorney Richard Donoghue, whose office is prosecuting Huawei for alleged sanctions violations, said Thursday that the Trump administration has a high awareness of the long-term national security risks posed by business transactions, and that in the technology sector the threat can rival "planes and tanks."

  • May 30, 2019

    Qualcomm Licensees Face Risk In Fighting Deals After Ruling

    Now that a judge has ruled that Qualcomm's patent licensing tactics violate antitrust law, can the company's licensees rely on the ruling to escape the terms of their deals pending an appeal? Attorneys say they have a shot, but they run the risk of antagonizing the chip giant.

  • May 30, 2019

    Small Broadcasters Urge FCC To Keep Ownership Controls

    Small radio stations pushed back on proposals by the Federal Communications Commission to loosen media ownership rules in filings posted Wednesday, saying that making those changes could push out independent operators as big companies gobble up more market share to compete with online outlets.

  • May 30, 2019

    Investors Give $10M Citigroup Forex Deal Another Shot

    Investors tried for a second time Wednesday to get their nearly $10 million settlement with Citigroup greenlighted in response to a New York federal court's request for more information on the deal to end claims that the bank participated in a scheme to rig foreign exchange markets.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • How Per Se Rule Will Die In Criminal Antitrust Cases

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    When the issue of the per se rule for criminal Sherman Act trials reaches the U.S. Supreme Court in the near future, the justices will take different approaches, but the rule will fall, says former federal prosecutor Robert Connolly.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • 4 Key Issues In Rent-A-Center Case And A $127M Question

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    The Delaware Chancery Court's decision last week in Vintage v. Rent-A-Center is a stark reminder that courts will enforce the terms of a merger agreement as written. The issue to watch is whether Rent-A-Center will be entitled to the reverse termination fee, say attorneys at Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    US Antitrust Law Supports An FTC Win Against Qualcomm

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    Though general propositions of antitrust appear to pose serious threats to the Federal Trade Commission's case against Qualcomm in the Northern District of California, a closer look shows how Qualcomm's use of its patents has distorted the competitive process, says Thomas Cotter of the University of Minnesota Law School.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • If There, Then Here: How Gov't Probes Help Antitrust Plaintiffs

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    Private plaintiffs seeking to bolster their price-fixing complaints by citing government investigations or guilty pleas concerning different markets should consider instructive decisions from the Auto Parts, Generic Drugs, and SRAM and Flash Memory litigations, say William Reiss and Dave Rochelson of Robins Kaplan LLP.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Debating DOJ And Wash. Attorney General No-Poach Briefs

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    The U.S. Department of Justice and the Washington state Attorney General’s Office have filed amicus briefs in three class actions challenging several fast-food restaurant chains' "no-poach" agreements. Jon Jacobs and Thomas Boeder of Perkins Coie LLP, alumni of these two organizations, explain the extent to which the two briefs conflict.

  • Opinion

    March Madness: The NCAA's Tax Exemption

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    With last week's California federal court decision in NCAA Grant-in-Aid Cap Antitrust Litigation, it is clear that the NCAA is a multibillion-dollar entertainment business and does not deserve to be tax-exempt, says Ronald Katz of GCA Law Partners LLP.

  • Ethical Social Media Marketing For Lawyers

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    Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.

  • Considering The 'Indirect Purchaser' Rule's Potential Demise

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    Recent U.S. Supreme Court oral arguments in Apple v. Pepper have raised speculation that the “indirect purchaser” rule — a long-standing antitrust defense — will be narrowed or eliminated. Defendants seeking an alternative strategy should look toward what might be called the “direct participant” rule, says Jakob Sebrow of Richards Kibbe & Orbe LLP.

  • Q&A

    A Chat With Norton Rose Diversity Director Nina Godiwalla

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    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Nina Godiwalla, director of diversity and inclusion at Norton Rose Fulbright.

  • High Court May Need To Resolve Liquor Law Antitrust Split

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    The Second Circuit's recent decision upholding provisions of Connecticut’s Liquor Control Act against federal antitrust law challenges sets it apart from its sister circuits, which have ruled that the same pricing laws in other states violate the Sherman Act. This lays the groundwork for a U.S. Supreme Court appeal, says Alva Mather of DLA Piper.

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