Competition

  • January 20, 2017

    Canada Sues HarperCollins, Settles With Others On E-Books

    Canada’s Competition Bureau announced Friday that it has reached settlements with Apple, Hachette, Macmillan and Simon & Schuster ending its price-fixing allegations and allowing Canadian retailers to offer discounts on e-books by those publishers, but is taking HarperCollins to court over its alleged price-fixing.

  • January 20, 2017

    Apple Sues Qualcomm Over Royalty 'Extortion,' $1B Withheld

    Apple accused Qualcomm on Friday in California federal court of illegal business practices, overcharging Apple “billions of dollars” in royalties, withholding nearly $1 billion in rebates and trying to extort Apple after it cooperated in a Korean regulator’s investigation into the chipmaker’s licensing practices.

  • January 20, 2017

    Mitsubishi To Pay $75M To End Direct Buyers' CRT Claims

    Direct buyers of Mitsubishi televisions urged a California federal judge Thursday to approve the company's agreement to resolve their antitrust claims for $75 million in the sprawling cathode ray tube price-fixing multidistrict litigation.

  • January 20, 2017

    What We Know About Trump's Antitrust Take So Far

    As President Donald Trump took office Friday, the ranks at the front office at the Antitrust Division thinned dramatically, leaving criminal deputy Brent Snyder in charge as rumors continue to swirl about who the new administration will tap to lead the competition agencies. Here's more on the changes and other signals about where U.S. antitrust policy will head in the next four years.

  • January 20, 2017

    Korean Ramen Buyers Win Class Cert. But Not Sanctions

    A California federal judge Thursday granted class certification to purchasers of Korean ramen noodles alleging a price-fixing conspiracy among noodle manufacturers and their U.S. affiliates, saying the buyers’ experts had adequately shown classwide antitrust impact from the alleged collusion, but declined to impose sanctions regarding evidence preservation.

  • January 20, 2017

    Investors, Banks Trade Shots In Libor Case

    Investors this week continued to spar with the banks they accuse of manipulating the London Interbank Offered Rate over the dismissal of investor claims last year, while the court ordered another plaintiff to resubmit its complaint.

  • January 20, 2017

    EU Watchdog Can't Collect Interest On Glass Cartel Fines

    The European Union's highest court on Thursday rejected an appeal from the European Commission in its bid to collect €31 million ($34.7 million) in interest from French energy giant Total SA and a subsidiary for paying an acrylic glass cartel fine late.

  • January 20, 2017

    Road Narrows For Appeal In Landmark RBS Libor Swaps Case

    A property company trying to overturn its loss to Royal Bank of Scotland PLC in a landmark swaps misselling claim will have to go directly to London's Court of Appeal after the trial court Friday refused leave to challenge the earlier ruling.

  • January 20, 2017

    Morgan Stanley, UBS Must Provide ISDAfix Gov't Probe Docs

    A New York federal judge on Friday ordered BNP Paribas, ICAP, Morgan Stanley and UBS to hand over documents they provided to government investigators regarding fixing the ISDAfix benchmark rate, which is used to set terms for swaps transactions, to a pension fund bringing a potential class action over the alleged manipulation.

  • January 20, 2017

    Ex-NJ Atty Seeks Probation In Referral Kickback Case

    A former New Jersey attorney facing possible prison time for strategically banking kickbacks he received through a personal injury client referral scheme in order to avoid IRS detection urged a federal judge on Thursday to reject the government’s push for a lengthier term and stick to the original plea agreement.

  • January 20, 2017

    UK Banks Unfazed By Pending Supreme Court Brexit Decision

    Britain's banking and legal communities are already looking beyond the U.K.'s Supreme Court decision, due Tuesday, on whether the government can bypass Parliament when triggering the formal process for leaving the European Union, a move that would throw four decades of shared laws and regulation into doubt.

  • January 20, 2017

    UK Markets Watchdog Clarifies Confidentiality Rules

    The U.K.’s Competition and Markets Authority announced Friday it has developed new templates and clarified rules aimed at helping banks and businesses understand how its confidentiality and disclosure processes work.

  • January 20, 2017

    Competition Group Of The Year: Cleary Gottlieb

    For clinching significant wins in antitrust litigation, such as a Third Circuit affirmation for client Sanofi in a case that yielded important guidance, and guiding major mergers like Air Liquide’s $13.4 billion acquisition of Airgas through the approval process, Cleary Gottlieb’s competition team has been named among Law360’s 2016 practice groups of the year.

  • January 19, 2017

    Las Vegas Sands Shells Out $7M To End Criminal FCPA Probe

    Las Vegas Sands Corp. agreed to pay a nearly $7 million penalty to shake an investigation into whether it violated the Foreign Corrupt Practices Act with payments to a business consultant who promoted its work in China and Macau, the U.S. Department of Justice said Thursday.

  • January 19, 2017

    Fla. AG Files Water Chemical Antitrust Suit In NJ

    Florida's attorney general filed an antitrust suit in New Jersey federal court Thursday that accuses liquid aluminum sulfate producers of conspiring to restrain trade and drive up prices on the chemical, which is used by public entities for water treatment and by companies to make pulp and paper.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    EU Agency Gives Conditional OK To Bomb Screeners' Merger

    U.K. bomb-detector maker Smiths Group won conditional approval from the European Commission Thursday to acquire French company Morpho Detection in a deal valued at more than $700 million, the agency said. 

Expert Analysis

  • Competition In Music Licensing — DOJ Has More To Do

    Thomas M. Lenard

    The U.S. Department of Justice’s position on music licensing will — and is intended to — reinforce the current system of collective licensing of performance rights. Permitting partial withdrawal while also requiring full-work licensing would be a more pro-competitive policy, say Thomas Lenard of the Technology Policy Institute and Lawrence White of the NYU Stern School of Business.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • DOJ Narrows Paths To Immunity For Antitrust Crimes

    Elizabeth Prewitt

    The U.S. Department of Justice Antitrust Division’s leniency program is unique — no other DOJ component offers similar nonprosecution protections for corporations or individuals. Therefore, new guidance released this week limiting pathways to leniency could be seen as part of the outgoing Obama administration’s desire to render this program less of an outlier, say attorneys with Hughes Hubbard & Reed LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Asset Swap Transactions In The Antitrust Crosshairs

    Meytal McCoy

    While companies may think they are in the antitrust clear with asset swap transactions, two recent divestiture orders make clear that regulators will apply the same rigorous antitrust analysis in such deals as they would in a traditional merger or acquisition, says Meytal McCoy of Mayer Brown LLP.

  • Pay-To-Play Lessons From This Week's SEC Settlements

    Charles Borden

    The U.S. Securities and Exchange Commission’s settlements with 10 investment advisory firms relating to violations of the SEC’s pay-to-play rule may be a preview of things to come. Although none of the 10 cases announced Tuesday involved a major penalty, the real economic cost of the violations is likely to be much higher, say attorneys with Allen & Overy LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.