Competition

  • May 15, 2020

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

    The past week in London has seen Venezuela's central bank drag England's into court following months of rumored disputes over gold reserves, an offshore tax consultant renew a fraud claim over consultant fees against an investment manager, and consumers sue the likes of Mercedes-Benz amid growing claims over a massive emissions scandal. Here, Law360 looks at those and other new claims in the U.K.

  • May 15, 2020

    3rd Round Of Brexit Trade Talks End In Stalemate

    The latest round of talks between the U.K and the European Union on their future trade and security relationship ended in a stalemate on Friday, with both sides blaming each other for the lack of progress. 

  • May 14, 2020

    Rolls-Royce Wants Jet Fan Blade Suit Clipped

    Rolls-Royce PLC has urged a California federal judge to toss a lawsuit from a pair of aviation-part brokers that claim the aircraft engine maker breached their contract and violated competition law by revoking certification for used jet engine fan blades they'd asked it to refurbish for resale.

  • May 14, 2020

    Sens. Want Antitrust Spotlight On Live Venues Amid Pandemic

    A group of Democratic senators are urging the Justice Department to make sure that Live Nation doesn't seize on the coronavirus pandemic to tighten its hold on the live performance marketplace at the expense of smaller venue operators.

  • May 14, 2020

    Ex-Cargo Exec Gets Early Release From Price-Fixing Sentence

    A Georgia federal court has agreed to reduce the prison sentence and release a former air cargo executive who pled guilty to price-fixing charges this year after spending nearly a decade as a fugitive from U.S. authorities, citing risks posed by COVID-19.

  • May 14, 2020

    Ex-Bumble Bee CEO Looks To Avoid Jail Amid COVID-19

    The former Bumble Bee CEO facing up to a decade behind bars for fixing tuna prices has asked for just one year of home confinement, saying prison presents "a real and tangible threat to his life" amid the global pandemic.

  • May 14, 2020

    Prison Biz Wants Lewis Rice DQ'd From $3.3M Coverage Row

    Lewis Rice LLC is accused of dropping a prison commissary supplier "like a hot potato" when it was offered the chance to defend an insurance company from covering the supplier's $3.28 million claim, prompting an effort to disqualify the firm.

  • May 14, 2020

    For One Software Co., Open 5G Is A Gateway To Competition

    For John Baker, senior vice president of business development at wireless software company Mavenir, the growing buzz around so-called open 5G technology confirms what he's known all along: A wealth of U.S. companies stand ready to challenge China's lock on the wireless equipment market with a little help from government and industry.

  • May 14, 2020

    No Bellwether For Diabetics In Insulin Case Despite Virus Risk

    Diabetics prepping their sprawling case over insulin prices for a 2022 trial have lost their bid to funnel their claims through a bellwether strategy, although counsel for the patients said they're not giving up yet.

  • May 14, 2020

    Top EU Court Trims Power Cable Cartel Fine

    The European Union's top court pared a price-fixing fine against power cable maker NKT by €200,000 to €3.687 million ($3.98 million) on Thursday, saying the European Commission can't penalize the company for cartel sales outside the bloc's economic area.

  • May 14, 2020

    Data Backs £14B Mastercard Class Suit, Consumer Rep Says

    A potential £14 billion ($17.2 billion) consumer lawsuit against Mastercard over its merchant fees should go ahead as a class action, the would-be group told the U.K.'s top court Thursday, saying enough data is available to back up the scope of the claim.

  • May 14, 2020

    Top Dem Says Uber-Grubhub Deal Is 'Pandemic Profiteering'

    House antitrust leader Rep. David Cicilline has ripped into Uber's reported plan to pick up food delivery giant Grubhub, bashing both companies as predatory and saying the move "marks a new low in pandemic profiteering."

  • May 14, 2020

    4th Circ. Revives Emoluments Case Against Trump

    The Fourth Circuit on Thursday rejected President Donald Trump's request to throw out a lawsuit by Maryland and the District of Columbia over allegations that his ownership stake in the Trump International Hotel violates the U.S. Constitution's emoluments clause.

  • May 13, 2020

    Pork Processors Push Bid To Duck Antitrust Suit

    Pork processors including Tyson and Hormel urged a Minnesota federal court during a Wednesday hearing to toss allegations that they conspired to raise the price of pork by reducing supply, saying the buyers haven't shown the processors acted in parallel.

  • May 13, 2020

    AmEx Anti-Steering Suit Headed Back To Calif. State Court

    A California federal judge has kicked back to state court a lawsuit alleging that American Express Co. violated state antitrust law by preventing merchants from steering customers to cheaper payment options, ruling that the financial institution failed to demonstrate the district court has "diversity jurisdiction" to hear the dispute.

  • May 13, 2020

    8th Circ. Blocking Customer Division Claims, Grocers Say

    Grocers asked the full Eighth Circuit to rethink a panel ruling they say effectively eliminated customer allocation as a separate antitrust allegation.

  • May 13, 2020

    Uber Win 'Infected With Errors,' Cabbies Tell 1st Circ.

    Boston-area taxi companies urged the First Circuit on Tuesday to upend Uber's win against allegations of running an illegal taxi enterprise in Massachusetts and to grant them over $122 million in asserted damages, arguing a district court made a litany of mistakes in siding with the ride-hailing giant.

  • May 13, 2020

    Dems Want Fed, Treasury To Bar Mergers By Bailed Out Cos.

    Large corporations that receive coronavirus relief aid should have to promise they won't leverage the pandemic into an opportunity to scoop up struggling businesses, three lawmakers told the heads of the Federal Reserve and the U.S. Department of the Treasury on Wednesday.

  • May 13, 2020

    1-800 Contacts Settles Search Term Class Action

    Online contact lens buyers who accused several retailers of suppressing competition through agreements about internet search terms have told a Utah federal court that they reached a deal with 1-800 Contacts, the last company remaining in the case.

  • May 13, 2020

    Paul Hastings, Baker Botts Drive $400M Animal Health Deal

    The animal unit of New Jersey-based Merck & Co., advised by Paul Hastings and Baker Botts, has agreed to buy the rights to Sentinel-branded animal tabs and chews products in the U.S. for roughly $400 million, the companies said Wednesday.

  • May 13, 2020

    Mastercard Tells Justices £14B Class Action 'Overblown'

    Mastercard said Wednesday that a proposed £14 billion ($17.2 billion) consumer lawsuit over its merchant fees is "overblown and impractical," telling Britain's Supreme Court the claims should not have been brought under the country's class action regime.

  • May 13, 2020

    UK Gov't To Guarantee Trade Credit Insurance Amid Crisis

    The government said Wednesday it will guarantee trade credit insurance until December for companies struggling to keep up with payments as it seeks to ensure that the COVID-19 pandemic does not cause the market to seize up.

  • May 12, 2020

    DOJ Seeks Divestiture After Win In Novelis Merger Arbitration

    The U.S. Department of Justice asked an Ohio federal court on Tuesday to greenlight a proposed judgment forcing Novelis Inc. to accept a divestiture in order to complete its planned $2.6 billion purchase of Aleris Corp., following a first-of-its-kind win for the agency in arbitration over the tie-up.

  • May 12, 2020

    9th Circ. Revives Suit Over Coachella Noncompetes

    An Oregon music festival will get another shot at challenging California rival Coachella's noncompete agreements barring artists such as SZA from playing other festivals after the Ninth Circuit said Tuesday that a lower court had been wrong to toss the case.

  • May 12, 2020

    EU Has Cleared €1.9T And Counting In COVID-19 State Aid

    Two months after issuing the first approval for a state aid measure aimed at combating COVID-19 and its economic devastation, European Union antitrust officials continue to sign off on member projects at lightning pace, clocking more than 100 decisions totaling almost €2 trillion ($2.17 trillion).

Expert Analysis

  • Witness Preparation Tips For Your Next Video Deposition

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    Just like in a normal deposition, remind your witness that testimony provided via videoconference may be used in a courtroom, so they must be mindful of everything they say or don’t say, the space they are in, and their attire, say Adam Bloomberg and Merrie Jo Pitera at Litigation Insights.

  • How 3rd Parties Can Best Limit Fraud Liability Amid COVID-19

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    COVID-19 enforcement activity raises the specter of liability for innocent third parties, but companies can take steps to reduce the risk of unwittingly facilitating fraud or price-gouging and demonstrate good-faith compliance to regulators, say Robyn Crowther and Ashwin Ram at Steptoe & Johnson.

  • Rebuttal

    In Defense Of Virtual Mediation

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    A recent Law360 guest article highlighted reluctance among some in the legal community to embrace video mediation, but when assessing the concerns, it quickly becomes clear that the disinclination is not rooted in any firm rationale, says Michael Willemin at Wigdor.

  • Opinion

    MDLs Need A New Path To Interlocutory Appeals

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    The rules governing appeals were developed before modern multidistrict litigation case management was invented and were not designed to bring important MDL decisions to the attention of appellate courts in a reasonable and timely fashion — so reform is needed, says attorney Tim Pratt.

  • A Call To Action For The Coming Insurance Litigation Siege

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    Anticipating an onslaught of insurance litigation over coronavirus business interruption claims, G. Andrew Lundberg at Burford Capital paints a picture of what cooperation could look like among lawyers, courts, legislatures, regulators, insurers and policyholders dealing with this once-in-a-generation stress on the nation's judicial resources.

  • How A Small Law Firm Adapts To Remote Work

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    Stay-at-home orders mean small firms like mine — six lawyers and 14 staff members — suddenly need to make rapid changes, but the initial shock has turned into excitement about this opportunity to improve old processes, says David Kwartler at Kwartler Manus.

  • Opinion

    Don't Just Delay The Bar Exam — Cancel It Forever

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    The bar exam tells us nothing about whether a law student will be a competent lawyer, and now that exams have been delayed due to COVID-19, it's a good time to reevaluate why we have it in the first place, says Brian Tannebaum at Bast Amron.

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • How Sellers Can Avoid Price-Gouging For 'Essential' Cannabis

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    With the nascent cannabis industry unexpectedly being labeled "essential" and experiencing a sudden surge in consumer demand, dispensaries and operators must be careful to avoid triggering violations of state-specific price-gouging laws, say Joshua Mandell and Evelina Gentry at Akerman.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • How State Price-Gouging Laws Apply To Wholesalers

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    In the current emergency climate caused by the COVID-19 pandemic, wholesale distributors must carefully consider state-level price-gouging statutes and should keep records of increased supplier, labor and material costs when charging more for certain goods, say Lawrence Silverman and Carmen Ortega at Akerman.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Asserting RAND Defenses At The ITC: 3 Common Pitfalls

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    As a recent shift in policy at the U.S. Department of Justice and U.S. Patent and Trademark Office casts doubt on the future of reasonable and nondiscriminatory patent defenses before the U.S. International Trade Commission, the missteps of past respondents provide a road map of what not to do, says Brian Johnson at Steptoe & Johnson.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

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