Competition

  • January 22, 2018

    Ex-Fiat Chrysler Executive Cops To Union Conspiracy

    A former Fiat Chrysler executive pled guilty to several counts in Michigan federal court Monday stemming from his alleged role in a scheme to pay off a onetime United Automobile Workers vice president and his wife with more than $1.5 million in cash and gifts, prosecutors announced.

  • January 22, 2018

    Express Scripts Beats Pharmacy's Antitrust Suit

    A Missouri federal judge on Monday ended a suit claiming that Express Scripts Inc. illegally kicked a pharmacy out of its network, finding there wasn’t evidence the benefits manager had anti-competitive motivations for determining the pharmacy violated the terms of their contract.

  • January 22, 2018

    AT&T May Get DOJ's 3rd Party Info In Merger Fight

    The D.C. federal judge overseeing the government's challenge to AT&T Inc.'s proposed $85 billion purchase of Time Warner Inc. ordered the U.S. Department of Justice on Monday to ask several third parties for permission to turn over information they provided in past merger investigations.

  • January 22, 2018

    States Back Utility’s High Court Bid For Antitrust Immunity

    Various state organizations and the American Public Power Association deluged the U.S. Supreme Court with amicus briefs Monday, supporting a Phoenix-area utility seeking immunity from a Tesla unit’s antitrust suit and raising concerns about respect for state sovereignty.

  • January 22, 2018

    FCC Should Take Fresh Look At Comcast-NBCU, Group Says

    The American Cable Association urged the Federal Communications Commission to examine the recently expired conditions on Comcast's purchase of NBCUniversal and implement new rules to deter the anti-competitive impacts of AT&T’s $85.4 billion pending merger with Time Warner.

  • January 22, 2018

    Cox Wins Arbitration Of Dealer's Used Car Antitrust Suit

    A Florida federal court on Monday granted Cox Enterprises Inc.'s motion to compel arbitration in a suit brought by Citi Cars Inc., a bankrupt used car dealership that claims the conglomerate used a monopoly on the wholesale vehicle market to inflate its price points.

  • January 22, 2018

    DOJ Wants Antitrust Case Against Hospital To Forge Ahead

    The Justice Department on Sunday urged a Michigan federal court not to pause an antitrust case against a Michigan hospital that it says agreed with other hospitals not to advertise in each other's territories, after the company said it needs more time to explore a settlement.

  • January 22, 2018

    US Foods, Sysco Cast Nets Into Canned Tuna Price-Fixing Pile

    Food distribution giants US Foods Inc. and Sysco Corp. have joined the canned tuna price-fixing fray with separate complaints in Illinois and Texas federal courts accusing seafood companies of conspiring to raise prices on the tuna they spent “hundreds of millions” to purchase.

  • January 22, 2018

    Competition Group Of The Year: Gibson Dunn

    The competition team at Gibson Dunn & Crutcher LLP scored important wins for clients including Uber Technologies and Foxconn in high-stakes antitrust litigation last year, while also helping steer several major mergers through regulatory clearances, earning a place among Law360's Practice Groups of the Year.

  • January 21, 2018

    Immigration Standoff Keeps Government Shuttered

    The Senate failed to reach a funding deal Sunday night, extending the government shutdown as both parties continued to clash over longstanding spending and immigration issues. 

  • January 19, 2018

    FTC Wants More Info On Broadcom Bid For Qualcomm

    The Federal Trade Commission is looking for additional information from Broadcom Ltd. as part of an antitrust review process into its ongoing attempt to take over Qualcomm Inc., the semiconductor technology company said in a statement Friday.

  • January 19, 2018

    FTC OKs 7-Eleven's $3.3B Bid For Sunoco Portfolio With Fixes

    The Federal Trade Commission on Friday signed off on a $3.3 billion deal that would let 7-Eleven's parent company acquire nearly 1,100 gas stations from Sunoco LP on the condition that nearly 60 stores stay with or move to Sunoco.

  • January 19, 2018

    DOJ Antitrust, FTC Chiefs Signal Continued Focus On IP

    The head of the U.S. Department of Justice's antitrust division and the Federal Trade Commission's acting chairman both said Friday that competition enforcers have a role to play in helping protect intellectual property rights in order to encourage innovation, but warned against going to far.

  • January 19, 2018

    Media Groups Fight To Undo FCC Ownership Deregulation

    Two media organizations have launched a challenge to the Federal Communications Commission’s deregulation of its broadcast media ownership rules, telling the Third Circuit that the agency slashed important diversity safeguards without ample justification.

  • January 19, 2018

    Delrahim Says Criminal No-Poach Cases Are In The Works

    The U.S. Department of Justice's antitrust chief said Friday that the division has a handful of criminal cases in the works over agreements by companies not to hire each other's workers, signaling that a focus of the Obama administration is continuing.

  • January 19, 2018

    Competition Group Of The Year: Morgan Lewis

    Morgan Lewis & Bockius LLP’s antitrust attorneys have reeled in a number of trophy-sized victories over the past year, winning dismissal of multidistrict and class action litigation against major corporations like Shell, Uber and Comcast to earn the group a spot among Law360’s Competition Practice Groups of the Year.

  • January 18, 2018

    HSBC To Pay $101.5M In Currency Exchange Fraud Settlement

    Global financial services giant HSBC Holdings PLC on Thursday agreed to pay $101.5 million as part of a deferred prosecution agreement filed in New York federal court to settle claims it defrauded two clients in a multimillion-dollar scheme to manipulate currency exchanges.

  • January 18, 2018

    EU High Court Urged To Read Gun-Jumping Rules Narrowly

    In a case that could delineate what counts as gun-jumping under European Union merger law, an adviser to the bloc's highest court wrote Thursday that companies should be allowed to take certain preparatory steps to move ahead with their deals before receiving antitrust clearance.

  • January 18, 2018

    EU Launches Probe Into Poland's Tax Scheme For Shipyards

    The European Commission has announced that it is investigating Poland’s low flat-rate sales tax for shipyards operating within the nation's borders, saying the policy is possibly flouting European Union state aid rules by giving a selective advantage to companies in the country. 

  • January 18, 2018

    Surgery Center Fights Sanctions Bid In Antitrust Row

    Outpatient surgical center Marion HealthCare LLC on Wednesday hit back at claims that it improperly filed confidential information in its Illinois antitrust suit against Southern Illinois Healthcare, blaming the hospital chain for the accidental disclosure of contract information.

Expert Analysis

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    In December, three of the Trump administration’s judicial nominees were forced to withdraw after serious bipartisan concerns arose about their qualifications. What lessons can potential nominees learn from these high-profile failures? Having previously served on the White House vetting team during the Obama administration, I can offer three important points, says Arun Rao, executive vice president of Investigative Group International.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • 3 Antitrust Cases Drug Companies Should Watch This Year

    Chad Peterman

    Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • Balancing Vertical Integration In Calif.'s Cannabis Industry

    Georgina Moreno

    Given the incentives to organize vertically, California cannabis regulators will need to identify and challenge harmful vertical integration, but allow efficiency-improving integration in cannabis markets and revise regulations to reduce inefficiencies, says Georgina Moreno of Econ One Research Inc.

  • Will The UK Open Its Doors To US-Type Class Actions?

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    While the U.S. has a long history of class action litigation, there are still many unknowns in the U.K. as to what the courts are looking for in order to certify a class. The recent filing of a lawsuit against Google will hopefully provide guidance on whether private group consumer redress will be successful on the other side of the Atlantic, says Lauren McGeever of Epiq Systems Inc.

  • Rare Heir: Will DOJ’s Kemp Charges Blur Per Se Rule?

    Mary Strimel

    The U.S. Department of Justice has appealed the Utah federal court's surprising ruling in Kemp & Associates that the customer allocation charges did not describe per se illegal conduct. But if the Tenth Circuit shares the district court's discomfort with criminal prosecution in the obscure "heir location services" industry, it could spell trouble for the invulnerability of the per se rule, says Mary Strimel of McDermott Will & Emery LLP.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

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    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.