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Competition

  • July 17, 2018

    'Imaginative' Attys Get $63M Fees In Drywall Price-Fix MDL

    A Pennsylvania federal judge awarded $63 million in fees and another $2.9 million in costs to class counsel for direct purchasers who scored $190 million in settlements with drywall manufacturers in multidistrict litigation over alleged price-fixing, according to an order Monday lauding the "imaginative" attorneys' "outstanding work."

  • July 17, 2018

    Drug Wholesalers Denied Class Cert. In AndroGel Suit

    A Georgia federal judge on Monday denied a bid by a group of drug wholesalers to win class certification in a suit alleging several pharmaceutical companies conspired to delay the entry of generic competitors for testosterone drug AndroGel.

  • July 17, 2018

    Geico Drives Into Multibillion-Dollar Auto Parts Antitrust Row

    Geico Corp. has filed suit in Michigan federal court against more than 70 auto parts companies embroiled in an international antitrust investigation that has yielded billions of dollars in criminal fines, saying it has been overcharged on insurance claims for more than 20 years due to numerous price-fixing conspiracies.

  • July 17, 2018

    US Airways, Sabre Tell 2nd Circ. Amex Decision Favors Them

    US Airways Inc. and travel-planning giant Sabre Holdings Corp. have both told the Second Circuit that the U.S. Supreme Court's recent decision upholding American Express' anti-steering policies on credit cards favors their own positions as Sabre looks to duck a $15 million jury verdict awarded over claims of anti-competitive contract terms.

  • July 17, 2018

    Buyers Slam German Auto Cos.' Bid To Dodge Antitrust MDL

    U.S. auto dealers and consumers told a California federal judge Monday that Audi, Volkswagen, Mercedes-Benz, BMW and Porsche cannot dodge multidistrict litigation alleging they engaged in an antitrust conspiracy on car technology, costs, suppliers and emissions equipment, saying there’s substantial evidence of the decadeslong scheme.

  • July 17, 2018

    Kraft Must Share Expert Reports In Wheat Market Action

    The Illinois federal judge handling a proposed investor class action accusing Kraft Foods Group Inc. of manipulating the wheat futures market ordered the company Tuesday to produce expert reports exchanged in the U.S. Commodity Futures Trading Commission's similar case against it, rejecting Kraft's claim the production would be unfairly harmful.

  • July 16, 2018

    Card Shuffler Co. Denies Having To Show Prior Art At IP Trial

    “It doesn’t matter” that Scientific Games Corp.’s subsidiary didn’t show the U.S. Patent and Trademark Office prior art in patent applications for its Deckmate card shuffler because the prior art was not objected to when it was disclosed in other applications, the company said Monday at the opening of a rival’s antitrust trial against it.

  • July 16, 2018

    3 FCC Hurdles Sinclair-Tribune Deal Will Face If It Survives

    Federal Communications Commission Chairman Ajit Pai essentially ground the proposed Sinclair-Tribune merger to a halt Monday by announcing he will refer it to the agency's administrative law judge for review, charting a rough road for the companies to gain approval for their deal. Here's a look at three challenges the deal will face if it moves forward.

  • July 16, 2018

    AbbVie Protests FTC Interest Hike In AndroGel Case

    AbbVie Inc. has accused the Federal Trade Commission of suddenly hiking the interest rate it and an affiliate must pay on a $448 million penalty over sham patent suits that delayed generic drug rollouts and extended their monopoly on AndroGel.

  • July 16, 2018

    Debevoise Nabs Former FTC Chief Trial Atty From O'Melveny

    Debevoise & Plimpton LLP announced Monday it has bolstered its antitrust practice in Washington, D.C., with the hiring of Edward D. “Ted” Hassi, an antitrust partner who previously served as chief trial counsel for the Federal Trade Commission and comes most recently from O'Melveny & Myers LLP.

  • July 16, 2018

    Executive Order Boosts Fears Of Politically Influenced ALJs

    An executive order signed last week by President Donald Trump eliminating the competitive examination and selection procedures for appointing administrative law judges has heightened concerns that both the ALJ hiring process and decisions made by the judges will be unduly influenced by politics, legal experts said Monday.

  • July 16, 2018

    Linde Sells Gas Assets For $3.3B To Help Praxair Approval

    Linde AG on Monday said it will offload various parts of its North and South American business interests to a joint venture between Messer Group GmbH and a CVC Capital Partners fund for $3.3 billion in an effort to obtain antitrust approval for the German gas company’s proposed $70 billion tie-up with Praxair Inc.

  • July 16, 2018

    Banks Seek Toss Of Claims Against Affiliates In Libor MDL

    Bank of America and JPMorgan Chase asked a New York federal court on Friday to dismiss claims against the subsidiaries and affiliates of banks that allegedly conspired to manipulate the London Interbank Offered Rate, saying those affiliates could not have plausibly contributed to the scheme.

  • July 16, 2018

    Japanese Airline Blasts Expert's Fares In Price-Fixing MDL

    A Japanese airline has urged a California federal judge to utterly disregard the prices set by an expert to bolster allegations that it conspired with other airlines to fix prices on long-haul flights to Asia-Pacific destinations, arguing that the numbers simply don't add up. 

  • July 16, 2018

    Mitsubishi Settles Another Piece Of Car Parts MDL For $7M

    Two Mitsubishi units are settling out of another piece of a sprawling antitrust multidistrict litigation accusing auto parts manufacturers of a price-fixing conspiracy, with a class of car buyers and drivers moving for preliminary approval Friday of their $6.84 million deal in Michigan federal court.

  • July 16, 2018

    Foreign Banks Want Out Of Canadian Rate-Rigging Suit

    Foreign banks including Deutsche Bank AG, HSBC Bank PLC and the Royal Bank of Canada urged a New York federal court on Friday to dismiss a proposed class action accusing them and their affiliates of conspiring to rig a benchmark interest rate linked to the cost of borrowing Canadian dollars, saying the U.S. lacks jurisdiction.

  • July 16, 2018

    FCC Chief Seeks To Challenge Sinclair-Tribune Tie-Up

    Federal Communications Commission Chairman Ajit Pai said Monday morning that he is asking his fellow commissioners to refer Sinclair Broadcast Group Inc.’s proposed merger with Chicago-based Tribune Media Co. to an administrative law judge for review.

  • July 16, 2018

    FCA Moves To Shake Up £500B Online Investment Market

    Competition in the U.K.’s £500 billion ($663.2 billion) investment platform sector is “not working as well as it should,” the Financial Conduct Authority warned on Monday as it set out proposals to help customers switch services more easily.

  • July 13, 2018

    Arista Says Cisco Cost It $160M As Antitrust Trial Nears

    Just weeks before trial in Arista Networks Inc.’s antitrust suit against Cisco Systems Inc., the parties squared off Friday in California federal court over Arista's bid to introduce expert testimony that it lost about $160 million after Cisco asserted copyright violations to block sales of competing ethernet switches.

  • July 13, 2018

    Tronox, Cristal Fight FTC's Court Bid To Pause $2.4B Deal

    Tronox Ltd. has urged a D.C. federal court to reject the Federal Trade Commission’s bid to pause the company’s $2.4 billion purchase of Saudi-owned chemical mining company Cristal, saying the agency is trying to block the deal by running out the clock through a lengthy administrative proceeding.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • AmEx Ruling May Have Big Impact On Health Insurance

    David Garcia

    There are a number of ongoing antitrust cases involving health insurance networks that may be susceptible to the type of two-sided market analysis described by the U.S. Supreme Court last month in Ohio v. American Express, say David Garcia and Nadezhda Nikonova of Sheppard Mullin Richter & Hampton LLP.

  • AT&T Win May Help Partial Ownership Transactions

    Jon Dubrow

    While U.S. District Judge Richard Leon was careful to note that his opinion in the AT&T-Timer Warner merger trial was narrow, his evaluation of the evidence undercut the government's theoretical economic model in a way that may have broader applications, says John Dubrow of McDermott Will & Emery LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    DOJ Should Encourage The Bid-Rigging Whistleblower

    Robert Connolly

    There are relatively few government contract collusion whistleblowers. The U.S. Department of Justice's Antitrust Division could roll out the whistleblower welcome mat by making a few changes that will not cost the government a nickel. Even if only one new case emerges, the efforts would be worth it, says former federal prosecutor Robert Connolly.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Drafting M&A No-Poach Provisions Amid Regulatory Scrutiny

    Thomas Fina

    Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, so M&A parties should take a fresh look at how they approach the issue. A carefully tailored no-poach provision will help protect against regulatory inquiry, say attorneys with Baker Botts LLP.

  • An Update On Anti-Poach Enforcement And Class Actions

    Robin van der Meulen

    In recent years, no-poach agreements have become subject to close scrutiny both by the U.S. Department of Justice’s Antitrust Division and private class action plaintiffs. These cases show that violations of federal antitrust laws can have an immediate and real impact on ordinary people and their livelihoods, say Robin van der Meulen and Brian Morrison of Labaton Sucharow LLP.