Competition

  • May 12, 2020

    DOJ Asks 3rd Circ. To Nix Ruling On Scrapped Sabre Merger

    The Justice Department asked the Third Circuit on Tuesday to nix a lower court's ruling that rejected the agency's effort to block airline booking service company Sabre Corp.'s planned $360 million purchase of Farelogix Inc., even though the companies have already abandoned the deal.

  • May 12, 2020

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

    The U.S. Department of Justice has asked the Fourth Circuit for a five-minute slot at an upcoming hearing to challenge arguments made by North Carolina doormaker Jeld-Wen in the manufacturer's appeal of a rival's successful merger challenge.

  • May 12, 2020

    FCC's Sinclair Settlement Doesn't Dispel All Black Clouds

    The Federal Communications Commission resolved three enforcement matters against Sinclair Broadcast Group Inc. last week, levying a record-setting $48 million civil penalty against the broadcaster, but left open questions about whether the investigations are truly over.

  • May 12, 2020

    Conn. Asks Justices To Pass On Drug Price-Fixing Discovery

    Connecticut is asking the U.S. Supreme Court not to wade into a discovery dispute between the attorneys general of all 50 states and the host of generic drugmakers that the states have accused of hatching an industry-wide conspiracy to fix prices.

  • May 12, 2020

    Pork Buyers Say 'Essential' Tag Bolsters Their Antitrust Case

    Pork buyers suing Smithfield, Tyson and other major producers over an alleged conspiracy to inflate prices have told a Minnesota federal court that a White House executive order meant to ensure that meatpackers continue operating during the coronavirus pandemic shows the producers can hike prices by reducing output.

  • May 12, 2020

    Think Tank Urges 9th Circ To Rethink Bar For Antitrust

    An antitrust think tank asked the Ninth Circuit to revive a suit brought by LG and Samsung workers against their employers over a no-poach deal that allegedly discourages salary competition, saying a three-judge panel of the appeals court set too high a bar for bringing private actions against alleged antitrust conspiracies.

  • May 12, 2020

    HP Rips Quanta's Reasons For Delaying $439M Award Payout

    HP Inc. has panned a Quanta Computer subsidiary for offering a litany of reasons for not immediately coughing up a $439 million price-fixing judgment and called on a Houston federal judge to sanction the unit $50,000 a day until it complies.

  • May 12, 2020

    Top UK Court To Decide Key £14B Antitrust Class Action Suit

    Britain's Supreme Court will hear a landmark appeal on Wednesday in a proposed £14 billion ($17.2 billion) consumer lawsuit against Mastercard over the credit card company's allegedly unfair swipe fees in a case widely seen as a litmus test for the country's opt-out class action regime.

  • May 12, 2020

    Watchdog Dodges Legal Bills In £89M Drug Cos. Case

    An appellate court ruled on Tuesday that the antitrust watchdog does not have to pay Pfizer and another drug company legal fees it spent defending an £89.4 million ($110 million) case over medication prices, saying the regulator was carrying out its duties. 

  • May 11, 2020

    No Proof Of Conspiracy In Bitcoin Cash Suit, Coalition Says

    Prominent bitcoin investor Roger Ver and several other individuals and bitcoin-related entities reinforced their contention Friday that antitrust claims brought by cryptocurrency company United American Corp. should be tossed for failure to plead a conspiracy to "hijack" the Bitcoin Cash network.

  • May 11, 2020

    National Assoc. Of Realtors Hit With Antitrust Suit By Rival

    The National Association of Realtors and two of its affiliates were hit with an antitrust lawsuit Monday in California federal court by a smaller competitor alleging a new rule prohibiting members from privately marketing properties without using the association's listing service is an illegal abuse of its dominant market position.

  • May 11, 2020

    Sanctions Again Denied In Calif. Gas Price-Fixing Case

    A California federal judge refused a second sanctions bid last week in a proposed class action alleging that a group of refineries fixed the price of gasoline, this time holding that while one assertion by fuel buyers against the refiners was "inaccurate," it wasn't "factually baseless."

  • May 11, 2020

    COVID Crimes: White Collar Cases To Expect From The Crisis

    With much of the country on lockdown, many white collar cases and investigations have slowed considerably, but the COVID-19 pandemic and resulting economic fallout are expected to bring about a wave of enforcement for activities such as price-gouging and insider trading.

  • May 11, 2020

    Frankfurt Energy Co. Loses Docs Fight In 2nd Circ.

    The Second Circuit handed a U.S. subsidiary of German power conglomerate RWE AG a win Monday, affirming a lower court's decision to nix a municipally owned company's subpoena related to a larger merger fight.

  • May 11, 2020

    Administrative Power Critics Cheer 9th Circ. FTC Challenge

    Two interest groups concerned with the power wielded by administrative agencies have thrown their support behind a constitutional challenge against the Federal Trade Commission being waged at the Ninth Circuit by police body camera and nonlethal weapon maker Axon Enterprise.

  • May 11, 2020

    CRT Buyers Press 9th Circ. To Ax Challenges To $577M Deals

    Cathode ray tube buyers that have cut $576.8 million worth of price-fixing settlements with electronics makers have called on the Ninth Circuit to shut down appeals mounted by purchasers left out of the deal, arguing the challengers can't go after deals that aren't yet final.

  • May 11, 2020

    EU Signs Off On French Export Aid During Pandemic

    A French government plan to provide financial guarantees to help small- to mid-size companies continue exporting amid the coronavirus outbreak was cleared by the European Commission on Monday.

  • May 11, 2020

    Spanish Watchdog OKs Travel Biz Merger During Pandemic

    Spain's antitrust watchdog has authorized Barceló's acquisition of Globalia's travel agency business in a deal creating one of the largest travel operators in the Spanish hospitality industry, saying the purchase won't adversely affect competition — especially not during the COVID-19 pandemic.

  • May 08, 2020

    AmEx, Retailers Set Anti-Steering Suit Up For New Appeal

    A group of retailers appears set to ask that the Second Circuit revive its antitrust claims targeting ​​​​American Express' anti-steering rules, after both sides agreed in court filings on Friday that the federal court case is essentially finished.

  • May 08, 2020

    Quanta Fights Sanctions In HP's $439M Price-Fixing Row

    Quanta Storage Inc. cited conflicts with Taiwanese law and COVID-19 as reasons a Texas federal court should not sanction the company for its failure to turn over all its assets after HP won a $438.7 million judgment against the manufacturer in a price-fixing case.

  • May 08, 2020

    Payors In Ranbaxy MDL Lose 2 State Claims On Notice Rules

    A Massachusetts federal judge on Friday cut a pair of state claims from a suit by health care plans and consumers accusing Ranbaxy Pharmaceuticals of gaming the generic-drug approval system, finding the plaintiffs did not follow required advance-notice rules. 

  • May 08, 2020

    Liberal Groups Support Bill Banning Most M&As During Crisis

    Congress' top two Democratic leaders were urged by more than two dozen liberal and progressive groups Friday to pass a planned bill that would ban most mergers and acquisitions by companies over a certain size while the country recovers from the COVID-19 pandemic.

  • May 08, 2020

    Sheppard Mullin Can Drop Client After $47M Antitrust Loss

    A California federal judge on Friday conditionally granted Sheppard Mullin's request to withdraw as counsel for a Chinese telescope maker who was hit with a $47 million post-trial antitrust judgment after the firm argued that communication has "broken down" and the company hasn't paid its counsel.

  • May 08, 2020

    DC Circ. Weighs Public Interest In USPS Fight To Protect Data

    A D.C. Circuit panel Friday morning seemed inclined to release financial data on the U.S. Postal Service's struggling international offerings so the public can keep track of efforts to make them profitable, despite USPS' legal fight to keep that information away from competitors.

  • May 08, 2020

    COVID-19 IP Catch-Up: USPTO Gets Busy, Zoom Trial Begins

    The U.S. Patent and Trademark Office has issued a new update almost every day lately about how the pandemic is affecting its operations. Meanwhile, coronavirus-related issues also have been in play in court, leading to a patent trial conducted over Zoom, a fight over accessing Roku's source code remotely and more.

Expert Analysis

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Are Pandemic Sellers Actually Violating Price-Gouging Laws?

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    As unscrupulous sellers try to take advantage of Americans by selling products at unconscionable prices during the coronavirus pandemic, economists at Edgeworth Economics​​​​​​​ empirically test whether the prices being charged for goods and services rise to the level of price-gouging as defined by various state laws.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Responding To DOJ's Increasing Int'l Antitrust Extraditions

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    The U.S. Department of Justice's recent extradition of a Korean auto parts executive — the third extradition based solely on an antitrust charge — reveals the difficult choices individuals face in deciding whether to defend themselves in a foreign land, but defendants in these cases have other options, say attorneys at BakerHostetler.

  • Mitigating Antitrust Risks With DOJ-FTC Pandemic Guidance

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    To comply with recent guidance from the U.S. Department of Justice and Federal Trade Commission, companies collaborating with competitors in response to the COVID-19 crisis — particularly high-risk collaborations or exchanges of competitively sensitive information — must demonstrate a legitimate business justification and employ appropriate anti-competition safeguards, say attorneys at K&L Gates.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • Antitrust Rules Still Apply During COVID-19

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    Sellers of scarce and in-demand products might try to leverage the COVID-19 crisis to their advantage, and anti-competitive behavior across industries will not always be obvious, say Lauren Weinstein and Jennifer Fischell at MoloLamken.

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • Israel's Generic COVID-19 Drug Licensing Lacks Due Process

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    The Israel attorney general's special compulsory license for imported generic versions of Abbvie's patented antiviral drug Kaletra to treat COVID-19 does not provide a right of response, a hearing or direct judicial review, says Ephraim Heiliczer at Pearl Cohen.

  • Coronavirus Creates A Strange New World For State AGs

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    The coronavirus crisis is changing the policy and political focus of state attorneys general, as consumer protection actions are rapidly remade, AGs grapple with experimental law, and the Affordable Care Act and internet monopolies get a respite, says Shum Preston, who was senior adviser to former California Attorney General Kamala Harris.

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