Competition

  • February 21, 2017

    Savings Claim Couldn't Save Anthem-Cigna Deal, Judge Says

    Anthem Inc.'s argument that its now-abandoned $54 billion merger with Cigna Corp. would generate some $2 billion in savings was not supported by the record and could not salvage the deal, according to a redacted opinion released Monday by the D.C. federal judge who blocked the deal.

  • February 21, 2017

    Apple Fights $14.5B Tax Bill, Says Profits Belong To U.S.

    Apple Inc. has claimed that the European Commission misunderstood Irish law and the role of its Irish units in developing intellectual property when the competition watchdog ordered the tech giant to pay approximately €13 billion ($14.5 billion) in back taxes, plus interest, to Ireland.

  • February 21, 2017

    Senate Antitrust Heads Want Probe Of AT&T-Time Warner Deal

    Senate antitrust leaders urged the U.S. Department of Justice on Friday to weigh whether AT&T's proposed $84.5 billion merger with Time Warner would give the telecom giant incentive to thwart rivals, saying “the stakes for consumers are high.”

  • February 21, 2017

    Top 4 Groups Lobbying The FCC

    As Federal Communications Commission Chairman Ajit Pai approaches one month into his chairmanship, industry stakeholders have begun lobbying the new FCC, advocating on issues such as how to distribute universal service funds and make way for 5G infrastructure. Here, Law360 looks at the top four groups that have filed ex partes in the last month.

  • February 21, 2017

    Class Cert. Won't Fly In Delta Fee Suit, 11th Circ. Told

    Delta Air Lines Inc. and AirTran Airways Inc. on Friday told the Eleventh Circuit it would be impractical to uphold a district court's certification of a class of about 28 million passengers in a suit alleging the airlines colluded to institute a first-checked baggage fee.

  • February 21, 2017

    Ballplayers Want Arguments Over MLB Antitrust Exemption

    A proposed class of minor league baseball players has told the Ninth Circuit that their appeal over the dismissal of their pay-suppression suit under baseball's antitrust exemption should have the benefit of an oral argument, urging the appellate court not to grant a request by Major League Baseball to simply rule on the briefs.

  • February 21, 2017

    Supreme Court Won’t Review NYC Lawmaker’s Bribery Case

    An ex-New York City councilman’s request for the country’s top court to reconsider his bribery convictions over his role in two corruption schemes was among hundreds rejected by the justices on Monday.

  • February 21, 2017

    FCA Cedes Belgian Law Point In Trader's Euribor Ruling Suit

    Britain's Financial Conduct Authority has accepted that Belgian law governs a benchmark interest rate underlying a former Deutsche Bank AG trader's dispute with the regulator, but maintained that English law still applies to key alleged infractions cited in an FCA rate-rigging decision against the bank, according to an Upper Tribunal decision Monday.

  • February 21, 2017

    FCC Was Right To Drop Set-Top Box Plan, Legislator Says

    Rep. Yvette D. Clarke, D-N.Y., has praised a move by the new Federal Communications Commission head to pull back on an Obama-era plan to open up competition in the set-top box market.

  • February 21, 2017

    Impax Says FTC Should Pay For Withdrawn Pay-For-Delay Suit

    Impax Laboratories told a Pennsylvania federal court on Friday that the U.S. Federal Trade Commission should be on the hook for litigation costs and attorneys' fees associated with a pay-for-delay suit filed against the company and others that was withdrawn 10 months later and refiled as an administrative action.

  • February 21, 2017

    Southwest Wants Full 5th Circ. To Review Delta Gate Fight

    Southwest Airlines Co. has asked the Fifth Circuit to reconsider en banc a ruling allowing Delta Air Lines Inc. to fly from gates at Dallas Love Field airport, saying a panel majority wrongly issued an advisory opinion despite Delta’s lack of standing.

  • February 20, 2017

    Ex-NJ DOT Chief Charged In Airline Bribery Case Dead At 62

    Former New Jersey transportation executive and lobbyist Jamie Fox, who carved himself a niche in the Garden State’s gritty political scene as both a public servant and private consultant before being charged in an alleged airline bribery scheme, died Monday at age 62.

  • February 20, 2017

    Orrick Hires String of Antitrust, Finance Attys In Paris

    Orrick Herrington & Sutcliffe LLP said Monday it has bolstered its Paris office with a string of financial and commercial lawyers, most recently with the acquisition of antitrust expert Patrick Hubert from the U.K. Magic Circle firm Clifford Chance.

  • February 17, 2017

    O'Bannon Attys Tell 9th Circ. NCAA Must Pay $42M Fee Award

    Attorneys for the student-athletes who obtained a ruling preventing the NCAA from capping what schools can provide them below the full cost of attendance told the Ninth Circuit on Thursday they are entitled to over $42 million in attorneys’ fees. 

  • February 17, 2017

    Franken Unmoved By AT&T, Time Warner Case For Merger

    Sen. Al Franken, D-Minn., told constituents Friday he wasn't satisfied with contentions by AT&T Inc. and Time Warner Inc. that their merger would spur competition for better service for consumers, not stifle it, saying he's seen anti-competitive behavior from merged companies before.

  • February 17, 2017

    Anthem Wins Rush On Cigna Merger Appeal

    The D.C. Circuit on Friday granted Anthem Inc.’s bid to speed up its appeal of a lower court’s ruling blocking its proposed $54 billion acquisition of Cigna Corp. in a short order Friday, setting oral arguments for the case for March 24.

  • February 17, 2017

    Dentists Say Small Supplier Joined Price-Fixing Conspiracy

    A potential class of dentists on Friday shot back against arguments from a dental supplies company that it was too small to join three large suppliers in a nationwide price-fixing conspiracy, arguing in New York federal court that the allegations against the smaller company are the “core of the overarching conspiracy.”

  • February 17, 2017

    Merck Settles Long-Running Pay-For-Delay Suit

    Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have told a New Jersey federal court they have settled their long-running MDL accusing them of pay-for-delay over the potassium supplement K-Dur.

  • February 17, 2017

    Becton Asks Justices Not To Revive $340M Antitrust Award

    Safety syringe manufacturer Becton Dickinson and Co. has asked the U.S. Supreme Court not to review a Fifth Circuit decision that reversed a $340 million award for antitrust damages against it, saying the appeals court correctly held that false advertising is not anti-competitive conduct.

  • February 17, 2017

    New RBS State Aid Plan To Get EU Review As Divestiture Fails

    The European Union's antitrust watchdog plans to investigate a new deal the British government revealed Friday to spare the Royal Bank of Scotland PLC from having to divest a final set of retail banking operations to balance out the state aid it received during the financial crisis.

Expert Analysis

  • A Deeper Dive Into Merger Remedies

    Steven A. Tenn

    A recent Federal Trade Commission study concludes that merger remedies generally have been successful, with “failures” representing only 17 percent of the 50 remedy orders considered. Interpreting this finding requires an understanding of the methodology used in the FTC’s study, and its benefits and limitations, says Steven Tenn, a former FTC economist now with Charles River Associates.

  • Debating Anti-Rebate And Inducement Laws In Washington

    Shawn Hanson

    Last month, the Washington state Senate introduced a bill that would amend its anti-rebate and inducement laws to allow insurers to offer free goods and services. Supporters argue that Washington is the only state in the country to force consumers to pay for technology that is free everywhere else, while opponents have expressed concern for fair competition, say Shawn Hanson and Crystal Roberts of Akin Gump Strauss Hauer & Feld LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • Individual Defense In The Shadow Of Corporate Guilty Pleas

    Jessica K. Nall

    Corporate guilty pleas can be expected to have serious implications for the individual executives and employees alleged to have been involved in the conduct under scrutiny. But whether their corporate employer pleads guilty or pursues an alternative resolution, there are other factors at play that can make a bigger difference to the eventual outcome for individuals, say Jessica Nall and Janice Reicher of Farella Braun & Martel LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Preparing For DOJ's International Investigations

    Lara Kroop Delamarre

    It is not unreasonable to fear a possible investigation by the U.S. Department of Justice regardless of the nationality, location or business of a company or individual. The DOJ not only has the determination and resources to pursue white collar cases worldwide, but it has the benefit of increasing international cooperation, says Lara Kroop Delamarre of Cohen & Gresser LLP.

  • Bank M&A Lessons From 2016 Regulatory Approvals

    Robert C. Azarow

    A review of last year's regulatory orders approving bank mergers reveals common themes. For example, compliance history remained an essential element of the regulatory analysis for buyers of all sizes, and fair lending was one of the hottest compliance issues in connection with the merger approval process, say attorneys with Arnold & Porter Kaye Scholer LLP.

  • FERC Could See Substantial Changes Under President Trump

    John Estes.jpg

    The Federal Energy Regulatory Commission oversees electric utilities and gas pipelines that account for about 4 percent of the U.S. gross national product. So the impact of FERC policy shifts can be significant. Under the Trump administration, FERC could revisit its stances on market manipulation, net metering and other key issues, say John Estes III and Timothy Mastrogiacomo of Skadden Arps Slate Meagher & Flom LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.