• March 19, 2018

    Hotel Giants Hit With Search-Engine Antitrust Class Action

    Hospitality giants such Hyatt Hotels Corp., Hilton Worldwide Holdings Inc., Marriott International Inc. and Wyndham Worldwide Corp. were named in a class action Monday, alleging the companies are engaged in an anti-competitive agreement to not advertise against each other via Google and other search engine-generated results.

  • March 19, 2018

    CFIUS Short-Staffed As Workload Increases, GAO Finds

    The Committee on Foreign Investment in the United States’ workload has increased in recent years while staff levels have remained essentially the same, leaving government officials concerned about the committee’s ability to complete its functions, according to a U.S. Government Accountability Office report released Friday.

  • March 19, 2018

    ITC Turns Back US Steel’s Antitrust Gambit In China Fight

    The U.S. International Trade Commission tossed out the competition prong of United States Steel Corp.’s wide-ranging bid to block shipments of Chinese steel from the market, ruling Monday that U.S. Steel must show a specific “antitrust injury” to pursue the case.

  • March 19, 2018

    Comcast Asks For Quick Win Over Viamedia In Antitrust Suit

    Comcast asked an Illinois federal judge for summary judgment Friday to end a $75 million antitrust lawsuit, arguing cable ad company Viamedia failed to show it had done anything except lawfully decline to do business with an advertising “middleman.”

  • March 19, 2018

    Grocer Drops Claims Stop & Shop Tried To Freeze Out Rival

    A supermarket chain that lodged federal antitrust claims accusing a Stop & Shop of blocking its efforts to build a ShopRite in an attempt to remain Wyckoff, New Jersey’s sole grocer has dropped its suit, according to settlement documents filed Monday.

  • March 19, 2018

    DOJ Says AT&T Too Broad On Confidentiality Claims

    The U.S. Department of Justice told a D.C. federal court on Monday that AT&T Inc. is trying to claim too much evidence is confidential, which would make its case challenging the telecom giant’s planned purchase of Time Warner Inc. difficult to try in open court.

  • March 19, 2018

    Justices Skip Airline’s Challenge To 9th Circ. Rate Ruling

    The U.S. Supreme Court on Monday decided not to take up a Japanese airline’s challenge to a Ninth Circuit ruling that allowed a price-fixing suit to proceed against it, setting the stage for All Nippon Airways to duke it out with consumers before a jury this summer.

  • March 19, 2018

    SocGen Earmarks €1B To Handle US Probes Into Libor, Libya

    Societe Generale SA on Monday said it has set aside €1 billion ($1.23 billion) to deal with investigations by U.S. authorities into benchmark rate rigging and transactions between the French lender and Libya’s sovereign wealth fund.

  • March 19, 2018

    NASL Adds Major League Soccer To Antitrust Suit

    The North American Soccer League on Friday added Major League Soccer to a lawsuit against the U.S. Soccer Federation that claims the two are conspiring to keep it from competing as a top professional league, pushing forward with antitrust claims despite losing out on a preliminary injunction and being forced to cancel its latest season.

  • March 19, 2018

    AT&T Says Emails In Merger Row Need ‘Sponsor’ Witness

    AT&T and Time Warner on Monday urged a D.C. federal judge not to permit a large number of emails to be entered as evidence absent witnesses to authenticate them, in the federal trial for the U.S. Department of Justice antitrust challenge of the companies' merger that gets underway this week.

  • March 19, 2018

    Acne Med Pay-For-Delay Deal Sped Up Generic, Exec Says

    One of the architects of an Impax Laboratories Inc. deal panned as a pay-for-delay scheme by big retailers and a class of consumers told a Massachusetts federal jury Monday that the 2008 agreement with Medicis Pharmaceuticals Corp. actually rushed the generic version of an acne medication to the market ahead of schedule.

  • March 19, 2018

    Au Pair Cos. In Wage-Fixing Suit Say They Aren't Employers

    Several au pair companies on Friday in Colorado federal court pushed back at a bid to find them liable for some claims in a suit alleging they conspired to set unreasonably low pay rates for au pairs, saying that state and local wage laws don't apply to them.

  • March 19, 2018

    EU Probes German Power Giant's Cross-Border Transmission

    The European Commission opened an investigation into whether German electricity giant TenneT TSO GmbH violated European Union antitrust rules by limiting transmission capacity from western Denmark into Germany, according to a statement Monday.

  • March 19, 2018

    Britain, EU Agree On Terms For Brexit Transition Period

    The European Union and the U.K. on Monday took a big step toward securing a transition deal that will extend Britain’s participation in the EU's legal and regulatory framework until the end of 2020, giving financial services and other key industries breathing space to prepare for a future trading relationship.

  • March 16, 2018

    India Opens Antitrust Probe Into Honda Motorcycle

    India's competition authority has opened an investigation into allegations that Honda Motorcycle and Scooter abused its dominant market position by imposing anti-competitive terms on dealerships, including tying arrangements and price maintenance agreements.

  • March 16, 2018

    Supervalu Fights Cert. For Boston Grocers In Antitrust MDL

    A group of Boston-area grocers has offered no new evidence to warrant them being given class certification in antitrust multidistrict litigation accusing Supervalu Inc. and C&S Wholesale Grocers Inc. of an agreement not to compete for customers in certain states, Supervalu told a Minnesota federal judge Thursday.

  • March 16, 2018

    Kraft Knocks CFTC Bid To Funnel Depos From Investor Suit

    Kraft Foods Group Inc. on Thursday lambasted the U.S. Commodity Futures Trading Commission's bid for future deposition transcripts from a separate investor suit that similarly alleges that the food conglomerate manipulated the wheat market, saying the request is an attempt to bolster the agency's trial arguments with evidence it failed to collect itself.

  • March 16, 2018

    AT&T-Time Warner Challenge Winds Its Way To Trial

    The U.S. Department of Justice’s challenge to AT&T’s planned purchase of Time Warner heads for a courtroom showdown Monday with opening arguments firing up a day or two in, following a fraught and lively lead-up that last saw the judge scolding the press corps and threatening contempt. Here, an interactive Law360 graphic details the rather peculiar path of this major telecom merger challenge.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    End Legal Monopoly With Antitrust Review, Law Prof Says

    The current system of regulating the legal profession in the United States has created a monopoly that drives prices up and leaves too many people without a lawyer, according to one law professor who suggests that subjecting the sector to federal antitrust law may be the way forward.

Expert Analysis

  • New Bribery Suit's Implications For Venezuela Restructuring

    Richard Cooper

    The decision by Venezuela’s state-owned oil company PDVSA to pursue claims in the U.S. over an alleged bribery scheme raises a number of legal and strategic issues not just for the defendants named in the suit, but also for PDVSA’s bondholders and creditors of the republic, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • Rebuttal

    Reasoning About The Rule Of Reason

    Randy Gordon

    In his response to my Law360 article, William Kolasky notes “the relative dearth of rule of reason cases that have made it to summary judgment or beyond.” My only point is a consequentialist one: Since the 1970s, more and more cases have migrated from the per se category to the rule of reason category. As a result, plaintiffs (almost) always lose, says Randy Gordon of Crowe & Dunlevy.

  • 9th Circ. Rescues FTC Authority Over Common Carriers

    J.G. Harrington

    The Ninth Circuit's decision last month in Federal Trade Commission v. AT&T Mobility has significant implications for enforcement against telephone, wireless and internet businesses, and for the potential fate of the Federal Communications Commission’s Restoring Internet Freedom Order, say attorneys with Cooley LLP.

  • Rebuttal

    In Defense Of The Antitrust Rule Of Reason

    William Kolasky

    A Law360 guest article this week overlooked the great strides made by the appellate courts over the last four decades in developing a sound analytical framework for applying the rule of reason, says William Kolasky, co-chairman of Hughes Hubbard & Reed LLP's antitrust practice.

  • Is The Antitrust Rule Of Reason Reasonable?

    Randy Gordon

    Most of the commentary surrounding the U.S. Supreme Court American Express case has focused on the standards and analysis to be applied in so-called “two-sided market” cases. But those questions are merely symptoms of a greater malady — the “rule of reason” analysis that has come to govern most antitrust cases, says Randy Gordon of Crowe & Dunlevy.

  • An Economic Analysis Of Proposed AT&T-Time Warner Merger

    Scott Wallsten

    The AT&T-Time Warner merger debate is different from most large mergers only in that politics have entered the discussion in a way that has happened rarely in the past. Despite President Trump's disapproval, the proposed transaction is a textbook vertical merger and should be evaluated as such, says economist Scott Wallsten of the Technology Policy Institute.