Competition

  • June 23, 2017

    8th Circ. Changes Course, Revives Propane Antitrust Dispute

    On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.

  • June 23, 2017

    DOJ Must Show Heir-Tracker Co. Hurt Competition

    A Utah federal judge on Thursday found the government must prove a Utah company that tracks down lost and unknown heirs actually harmed competition with an alleged antitrust conspiracy to allocate customers within the industry.

  • June 23, 2017

    Brazil Antitrust Agency Probes Alleged Medical Supply Cartel

    Brazil's antitrust regulator on Thursday said it has launched two sets of administrative proceedings against several companies, individuals and industry associations for allegedly fixing prices of orthoses, prostheses and special medical supplies.

  • June 23, 2017

    Dell, Hitachi Settle Optical Disc Drive Price-Fixing Claims

    Dell Inc. agreed Thursday to drop its claims against Hitachi Ltd., and Hitachi’s joint venture with LG Electronics Inc., in a suit alleging a conspiracy to fix prices for optical disk drives, which is part of a sprawling antitrust multidistrict litigation in California involving a slew of manufacturers.

  • June 23, 2017

    Sen. Cornyn Readies Bill Broadening CFIUS' Reach

    Sen. John Cornyn, R-Texas, said Thursday he is putting the “final touches” on a bipartisan bill aimed at extending the Committee on Foreign Investment in the United States’ reach to noncontrol and other currently uncovered transactions to stem Chinese investment in critical U.S. technology.

  • June 23, 2017

    Mexico Hits Car Carriers With $32M Antitrust Fine

    Mexican antitrust authorities have sanctioned seven automobile shipping companies the equivalent of $32 million for alleged anti-competitive practices.

  • June 22, 2017

    NJ Gas Stations Can't Dodge Developers' Competition Suit

    A New Jersey federal judge on Thursday trimmed a suit brought by two developers but found they could continue to pursue their claims that a group of gas station companies were attempting to monopolize a local market and blocking their projects, including gasoline pumps, a Wawa convenience store, a Chick-fil-A and a bank.

  • June 22, 2017

    More Than 30 Auto Parts Makers Hit With Antitrust Suits

    A group of companies that own automobile dealerships across the country sued more than 30 auto parts manufacturers in at least a dozen lawsuits filed Wednesday and Thursday as part of the sprawling multidistrict litigation in Michigan federal court over alleged price-fixing in the auto parts industry.

  • June 22, 2017

    2nd Circ. Urged To Put Big Banks Back In ERISA Forex Suit

    A proposed class of retirement plan beneficiaries and others on Thursday asked the Second Circuit to revive claims against Credit Suisse, Deutsche Bank and other banks accusing them of violating the Employee Retirement Income Security Act by foreign exchange market-rigging, saying the banks were ERISA fiduciaries.

  • June 22, 2017

    Fact Issues Keep Claims Alive In $310M Drilling Asset Sale

    A Colorado federal judge on Wednesday decided that there were enough questions of fact to deny summary judgment in a case in which two oil companies are accusing Newfield Production Co. of breaking a confidentiality agreement and antitrust laws in the run-up to an auction for their assets.

  • June 22, 2017

    Senators Want DOJ To Nix $85B AT&T, Time Warner Deal

    A group of Democratic senators led by Sen. Al Franken, along with Independent Sen. Bernie Sanders, in a letter on Wednesday urged the U.S. Department of Justice to take a closer look at AT&T’s proposed $85 billion acquisition of Time Warner, saying the deal will reduce competition and lead to higher prices. 

  • June 22, 2017

    FTC Sues To Halt Merger Of ND Physician Groups

    The Federal Trade Commission on Thursday filed a lawsuit in North Dakota federal court to block the merger of two Bismarck-area health care providers, claiming the deal would violate antitrust laws by reducing competition for an array of services in the area.

  • June 22, 2017

    Regulator To Force Competition Into UK Payment Systems

    Britain’s three retail payment systems operators are to be forced to allow firms to compete for contracts to provide their central infrastructure under plans designed to break the stranglehold of the big four high street banks over the payments market.

  • June 22, 2017

    UK Watchdog OKs £3.8B Standard Life-Aberdeen Tie-Up

    The U.K.’s competition watchdog said on Thursday it has cleared plans by Standard Life PLC to buy Aberdeen Asset Management PLC, which would create one of Europe's biggest asset management and insurance companies, worth £11 billion ($13.9 billion).

  • June 21, 2017

    FTC Obtains TRO To Halt DraftKings, FanDuel Merger

    The Federal Trade Commission secured a temporary restraining order against the proposed merger between DraftKings Inc. and FanDuel Inc. on Tuesday after raising concerns about the deal’s potential to create a “near-monopoly.”

  • June 21, 2017

    Korean Ramen Cos. Seek End To Price-Fixing Class Action

    Two Korean ramen noodle companies asked a California federal judge Wednesday to toss a class action accusing them of participating in a price-fixing scheme, saying they weren’t involved in a conspiracy and that even if they were, the conduct only affected prices in Korea, not the U.S.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Forest Denied Drug Wholesalers’ Profit Docs In Namenda Suit

    A federal magistrate judge on Wednesday shot down a bid by Forest Laboratories LLC to obtain profit information from a proposed class of drug wholesalers accusing the company of restricting competition by blocking generic versions of Alzheimer's drug Namenda, saying it is not clear how the information is relevant.

  • June 21, 2017

    Litigation Pros Bulk Up Holland & Knight’s Portland Office

    A team of litigators from Markowitz Herbold PC — including two who successfully beat back antitrust claims against Anheuser-Busch’s $100 billion merger with SABMiller last year — have joined Holland & Knight’s Portland, Oregon, office as partners, the firm said.

  • June 21, 2017

    DOJ Names 2 New Antitrust Division Deputies

    The U.S. Department of Justice has named two new deputy assistant attorneys general for the Antitrust Division, the department said Wednesday, further fleshing out the leadership at the enforcer under the administration of President Donald Trump.

Expert Analysis

  • Series

    Leegin's 10-Year Checkup: RPM Rule Breeds Inconsistency

    Melissa Maxman

    The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Latest SEP Developments In China

    Guizhen Han

    China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.

  • How Kokesh Will Impact The FTC And Other Agencies

    Benjamin Mundel

    The U.S. Supreme Court's recent decision in the Kokesh case limits not just U.S. Securities and Exchange Commission enforcement actions, but also monetary relief sought by other agencies, like the Federal Trade Commission. A faithful application of this decision should lead to courts rejecting these agencies' long-standing practice of seeking penal monetary relief under their equitable authority, say Benjamin Mundel and Lucas Crosl... (continued)

  • Tips For Securing Antitrust Clearance Around The World

    Rebecca Nelson

    Early attention to the antitrust considerations of a given transaction can go a long way toward promoting the chances of a timely or early clearance. However, promoting a speedy and efficient review in the EU requires different procedures compared to when a U.S. filing is needed, say attorneys with Bryan Cave LLP.

  • 7th Circ. Hospital Ruling Provides Exclusive-Dealing Lessons

    Steven Cernak

    Antitrust courts will take a close look at a series of exclusive agreements entered into by a company with an arguably high market share. However, as shown by the district court and Seventh Circuit decisions in the recent Illinois hospitals case, the evaluation will look beyond the words in the agreement to analyze their effect, if any, on competition and the competitive process, says Steven Cernak of Schiff Hardin LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • The Stakes Are High For Those Caught In No-Poach Probes

    Elizabeth Prewitt

    The U.S. Department of Justice is reportedly examining whether Barclays breached antitrust laws by agreeing not to hire JPMorgan Chase employees. Reports that no formal investigation has yet been launched will only go so far in comforting the banks and individuals involved, given the DOJ’s recently announced intent to pursue certain no-poaching agreements criminally, say attorneys with Hughes Hubbard & Reed LLP.

  • Roundup

    FERC At 40

    FERC_315x315.jpg

    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Antitrust And Misuse Considerations Following Lexmark

    James Kobak

    Since the U.S. Supreme Court's recent Lexmark decision held contractual limitations to be outside the scope of a patentee’s rights under the patent law, restrictions on sales of patented objects will be subject to unfair competition, antitrust and patent misuse law, says James Kobak, general counsel of Hughes Hubbard & Reed LLP.