Competition

  • March 27, 2017

    Nestle Likely To Get Crest Counterclaims Tossed In TM Suit

    A California federal judge Monday tentatively trimmed counterclaims against Nestle in a trademark infringement suit brought by the food giant over allegations franchisee Crest Foods Inc. went overboard in its use of Nestle’s marks, including having a Crest executive pretend to be a Nestle executive in an episode of CBS’ “Undercover Boss.”

  • March 27, 2017

    FCC Told CenturyLink, Level 3 Must Show Merger Benefits

    Competitive networks group Incompas on Friday told the Federal Communications Commission that CenturyLink and Level 3 have not demonstrated the central key to gaining merger approval — showing an overall benefit to the public interest — saying the companies instead "gloss over" such concerns.

  • March 27, 2017

    Freeborn Nets Locke Lord Antitrust Pro For Insurance Group

    Freeborn & Peters LLP has snagged a Locke Lord antitrust litigation co-head for its litigation and insurance groups, it announced Monday.

  • March 27, 2017

    Delrahim Pick Signals Traditional Republican Antitrust Tack

    White House deputy counsel Makan Delrahim will bring decades of policy and lobbying experience to the U.S. Department of Justice as the president's pick to lead the Antitrust Division, a move experts say likely heralds a return to a traditional Republican enforcement approach.

  • March 27, 2017

    Judge Urged To Nix Antitrust Suit Over Card Shuffling Patents

    Scientific Games Corp. and Bally Technologies Inc. asked an Illinois federal judge on Friday to dismiss a card shuffling company's antitrust claims that the pair tried to defraud the patent office, saying another court already found their patent claims had a sufficient legal basis.

  • March 27, 2017

    Cox Lobbies FCC Against Special Access Regs For Cable

    The Federal Communications Commission has “no reasonable basis” to slap Cox Communications Inc. and other cable providers in the business data services market with regulation, the company has told the agency, also pushing only for narrowly targeted price regulations for legacy services, according to a filing posted publicly Monday.

  • March 27, 2017

    Trump Names Makan Delrahim As DOJ Antitrust Chief

    President Donald Trump on Monday named White House deputy counsel Makan Delrahim to lead the U.S. Department of Justice's Antitrust Division, giving the Bush DOJ veteran and IP expert one of the most high-profile perches in the competition world.

  • March 27, 2017

    UK Antitrust Tribunal Denies ICE Divestment Appeal

    The U.K. Competition Appeal Tribunal on Friday turned down Intercontinental Exchange Inc.'s request to appeal a tribunal decision that sided with the country's antitrust regulator on its order that ICE sell off a recently acquired trading software firm.

  • March 27, 2017

    EU Probes More Deal Reviews Over Misleading Info Worries

    The European Commission's top antitrust enforcer confirmed Monday that the watchdog was reviewing whether merging companies had misled investigators in a "small handful" of transactions.

  • March 27, 2017

    FTC Gets Ex-Patent Atty Testimony Blocked In Androgel Suit

    A Pennsylvania federal judge sided with the Federal Trade Commission in the agency's antitrust suit against AbbVie on Monday, striking an expert report and preventing the testimony of a retired Covington & Burling LLP patent attorney.

  • March 27, 2017

    Demand For Single-Market Access Kicks Off Key Brexit Week

    A landmark week in the British government's process to leave the European Union began with a demand that the prime minister preserve full access to the European single market, but lawyers warn that U.K. financial firms shouldn’t count on business as usual after Brexit.

  • March 27, 2017

    Mead Johnson Sued Over $17B Reckitt Benckiser Deal

    A Mead Johnson Nutrition Co. shareholder hit the company with a putative class action on Monday over its $17 billion tie-up with Reckitt Benckiser Group PLC, saying the company left information gaps in key securities filings regarding the deal.

  • March 27, 2017

    Barclays Exec Must Have Known Of Libor Rig, Trader Says

    A former Barclays banker accused of rigging a key global interest rate benchmark in a bid to boost profits told a London court on Monday that it would have been “unbelievable” if senior executive Harry Harrison wasn’t aware of the goings-on across the trading desks he managed.

  • March 27, 2017

    Dean Foods, Food Lion Settle Antitrust Suit On Trial's Eve

    Just days before a trial was set to begin, Food Lion LLC agreed to dismiss claims that Dean Foods Co. participated in a conspiracy to to limit competition for dairy products after the parties reached a settlement, according to court documents filed Sunday.

  • March 27, 2017

    MMA Fighter Says UFC Antitrust Claims Not Too Late

    Mixed martial arts fighters accusing the UFC of illegally dominating the sport asked a Nevada federal judge to deny the organization’s bid to escape one of the fighter's claims, arguing Friday that they are not time-barred given the fact the UFC’s antitrust violations continue.

  • March 27, 2017

    EU Competition Watchdog OKs Dow, DuPont Deal With Fixes

    The European Union’s competition watchdog cleared the anticipated combination of Dow and DuPont following an in-depth review, allowing for the creation of a $130 billion chemicals giant so long as the companies make good on their promised divestitures, according to a Monday announcement.

  • March 27, 2017

    Utility Can't Use Ruling As Antitrust Shield, SolarCity Says

    SolarCity Corp. on Friday insisted that a recent Third Circuit decision does not support an Arizona utility's argument that it's immune from SolarCity's antitrust suit over state-mandated price setting, telling the Ninth Circuit that the state never intended for the utility to use its authority to stifle competition.

  • March 27, 2017

    Justices Won't Hear $7.25B Visa, MasterCard Fee Deal Appeal

    The U.S. Supreme Court has turned down a bid by big banks and retailers to revive a $7.25 billion class action antitrust settlement with Visa and MasterCard over interchange fees, leaving in place a Second Circuit ruling that the deal did not adequately represent the interests of some merchants.

  • March 24, 2017

    Big Banks Dodge Currency Buyers' Forex-Rigging Suit

    Foreign currency buyers alleging they were charged falsely inflated prices as a result of a massive, ongoing price-fixing conspiracy by the world’s largest banks saw their latest complaint tossed out Friday by a New York federal judge, who said they failed to show how they suffered any antitrust injury.  

  • March 24, 2017

    Cisco Says 'Barred' IP Rival Can't Bring Sales Antitrust Suit

    Cisco Systems Inc. asked a California federal judge Thursday to toss rival Arista Networks Inc.’s antitrust suit alleging it interfered with sales of Ethernet switches, arguing Arista lacks standing to bring the suit because the U.S. International Trade Commission had found that the switches infringe Cisco's patents.

Expert Analysis

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Beware Antitrust Risks In Syndicated Lending

    Joshua Shapiro

    Despite their pro-competitive benefits, syndicated loan arrangements involve communication and collaboration among competitors and thus raise potential antitrust concerns. While U.S. regulators have yet to probe this industry, a recent European Commission statement may portend future regulatory scrutiny in this area, say Joshua Shapiro and Puja Patel of Allen & Overy LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Opinion

    DC Circ. Should Be Wary Of Efficiencies Defense In Anthem

    David Balto

    The children’s book "If You Give a Mouse a Cookie" could easily have been describing merger defendants’ efforts to push antitrust policy toward far more permissive standards in merger defenses. A perfect example of this is found in the Anthem merger case now on appeal at the D.C. Circuit, which will hear oral argument on Friday, says David Balto, former policy director of the Federal Trade Commission Bureau of Competition.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • Killing Class Actions Means Everybody Loses

    Daniel Karon

    Congress is trying to kill class actions again. H.R. 985 would impose a host of impossible requirements on the certification of class members, and close the courtroom doors to countless victims of serious fraud, negligence and other abuses. But it would also cause well-behaving companies to lose market share, profits and sales to cheaters who aren’t policed, says Daniel Karon of Karon LLC.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.