Competition

  • April 21, 2017

    In-Flux DOJ Looks To Extend Deadlines In AmEx, BMI Appeals

    Two of the U.S. Department of Justice's biggest pending antitrust appellate fights against AmEx and BMI are poised to remain on ice until summer, as the watchdog waits for its new leadership to get into place.

  • April 21, 2017

    MMA Fighters Ask Court To Reschedule UFC Execs' Depos

    Mixed martial arts fighters accusing the UFC of illegally dominating the sport asked a Nevada federal judge to reschedule its depositions with two executives at the organization, arguing Friday that they can’t conduct depositions of the UFC’s former chief legal officer and current chief operating officer on such short notice.

  • April 21, 2017

    FCA Probes 5 Aviation Insurance Brokers Over Info Sharing

    The Financial Conduct Authority is investigating Aon PLC, Marsh Ltd. and three other brokers for potentially sharing competitively sensitive information in the aviation insurance sector, the companies confirmed Friday, as the watchdog expands its use of its competition powers.

  • April 21, 2017

    Sabre Fires Back At US Airways For $122M Fee Request

    Air booking company Sabre urged a New York federal court to deny US Airways' request for $122 million in attorneys' fees in an antitrust suit over a contract giving Sabre booking access to all of the airline's seats, arguing the airline didn’t produce timely records to justify its fee request.

  • April 21, 2017

    EU Ends Biofuel Price-Fix Case As Benchmark Probe Goes On

    The European Commission closed an investigation into alleged price-fixing by several ethanol companies due to a lack of "community interest," a spokesperson confirmed Thursday, but said a probe into possible industry benchmark manipulation by a trio of ethanol producers is still in progress.

  • April 20, 2017

    Anthem Seeks Injunction To Keep Cigna In $54B Merger

    Anthem Inc. moved ahead in Delaware’s Chancery Court late Wednesday with a motion for a preliminary injunction barring Cigna Corp. from an April 30 termination of their disputed merger agreement, part of a multiforum brawl over the $54 billion tie-up.

  • April 20, 2017

    Wis. ‘Artisanal Butter Ban’ Unconstitutional, Ohio Co. Says

    An Ohio-based cheese and butter producer hit the state of Wisconsin with a suit Thursday in federal court, claiming that the state’s law mandating that all butter receive a government-issued grade before it can be sold within its borders is arbitrary, costly, anti-competitive and unconstitutional.

  • April 20, 2017

    Deutsche To Pay Fed $157M For Forex, Volcker Violations

    Deutsche Bank AG and affiliates will pay $156.6 million to settle two Federal Reserve probes that found the bank fell short of Volcker Rule oversight requirements and let its traders rig foreign exchange rates, the regulator said Thursday.

  • April 20, 2017

    FCC Deregulates Business Data Market Amid Pushback

    Federal Communications Commission Republicans voted at a busy meeting Thursday to relax pricing regulations in the market for business data services despite some calls for a delay or course change, with Democratic Commissioner Mignon Clyburn calling the order “one of the worst” in her nearly eight years at the FCC.

  • April 20, 2017

    Fiat Dealership Won’t Get New Price Bias Trial

    A California federal judge on Thursday rejected a San Jose dealership’s bid to retry a $1.7 million antitrust suit accusing Fiat Chrysler of offering better incentives to local rivals, ruling that it was up to the dealership to prove that the incentives were not universally available.

  • April 20, 2017

    AIG Units Owe Sabre Monopoly Defense, NY Panel Says

    Sabre Inc.’s roughly $300 million coverage dispute with two AIG units is headed to trial in October, after a New York appeals court Thursday affirmed a lower court ruling that the units could be responsible for most of the costs of American Airlines’ antitrust litigation against Sabre.

  • April 20, 2017

    Stryker Cut From Zimmer's Howmedica Trade Secrets Suit

    Medical technology company Zimmer Inc., Howmedica Osteonics Corp. and others have agreed to cut Stryker Corp. from Zimmer’s lawsuit accusing Howmedica of developing a “Trojan horse” plan to steal its trade secrets, as long as certain conditions apply.

  • April 20, 2017

    Momenta, Sandoz Again Try To Nix Amphastar's Antitrust Suit

    Momenta and Sandoz on Thursday asked a Massachusetts federal judge to toss a revived antitrust suit by Amphastar claiming they stifled competition for generic anticoagulant enoxaparin, saying there have been no barriers to selling the drug.

  • April 20, 2017

    Brocade, Broadcom Offer EU Antitrust Fixes For $5.9B Deal

    Broadcom Ltd. and networking solutions provider Brocade Communications Systems Inc. on Wednesday sent European Union competition regulators proposed fixes to assuage antitrust concerns over their $5.9 billion deal.

  • April 20, 2017

    La. Nursing Board Asks Supreme Court To Skip Antitrust Suit

    The Louisiana Board of Nursing has asked the U.S. Supreme Court not to resuscitate a Fifth Circuit decision finding the board was shielded from an antitrust suit by a former Grambling State University nursing student whose program was shut down, saying it is entitled to sovereign immunity.

  • April 20, 2017

    Mark Cuban Looks To Duck UFC Antitrust Suit Subpoena

    Billionaire businessman Mark Cuban has urged a Texas federal judge to block a subpoena request related to a lawsuit by fighters suing the Ultimate Fighting Championship for illegal domination of the mixed martial arts sport, saying even though a television network he owns broadcast or promoted some mixed martial arts events, he has no vested interest in the case.

  • April 19, 2017

    FCC Expected To Ease Regulations In Special-Access Market

    The Federal Communications Commission appears poised to approve a deregulatory framework for business data services in a vote Thursday, applying a relaxed competition test to determine which parts of the country are subject to pricing and other restrictions and resolving the long-standing question of how the agency will approach the services, even as uncertainties remain.

  • April 19, 2017

    Pfizer Hit With DOJ Subpoena Over Saline Shortages

    Pfizer confirmed Wednesday that it had received grand jury subpoenas from the antitrust division of the U.S. Department of Justice as part of an investigation into shortages of saline solutions, a probe that also appears to have targeted the new owner of Pfizer’s former intravenous unit.

  • April 19, 2017

    Qualcomm’s 2nd Delay Bid In FTC Row 'Disappoints' Judge

    A California federal judge told Qualcomm Inc. attorneys Wednesday she’s “disappointed” that they asked her again to delay discovery in the Federal Trade Commission’s antitrust suit over patent licensing practices, three days after she denied their initial request, saying during a hearing she “hope[s] that’s not an indication of how [they] intend to litigate this case.”

  • April 19, 2017

    Northwestern Says Ex-Basketball Player Can't Prove Contract

    Northwestern University earlier this week told an Illinois federal court that a former basketball player cannot prove it breached a contract to provide him with special benefits beyond a scholarship in a lawsuit against the university and the NCAA over his alleged ouster from the team. 

Expert Analysis

  • Applying Buckman Preemption To Antitrust And RICO Claims

    Stephen McConnell

    In suits challenging products already approved by the U.S. Food and Drug Administration, plaintiffs often suggest that the FDA was bamboozled. In Meijer v. Ranbaxy, plaintiffs allege fraud on the FDA through violations of antitrust and racketeering laws. The First Circuit should not permit such claims to undermine the reliability of administrative actions, says Stephen McConnell of Reed Smith LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • How New Pricing Technology Raises New Antitrust Issues

    Matthew P. Kennison

    Prices provide crucial information to buyers and sellers, and so have always been critical to a competitive economy and antitrust law. But the emergence of new online information-harvesting technology and instantaneous transmission of pricing information may lead to anti-competitive price-fixing arrangements and disputes about distributors’ pricing, say Matthew Kennison and Steven Cernak of Schiff Hardin LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Bag Fee Case Highlights Antitrust Risk Of Public Statements

    David L. Hanselman

    A Georgia federal court recently granted summary judgment in an antitrust case based on earnings calls in the airline industry. While the Delta and AirTran defendants ultimately prevailed, the case stands as a reminder to publicly traded companies to be mindful of antitrust considerations in public communications, say attorneys with McDermott Will & Emery LLP.

  • Decline In DOJ Antitrust Division Fines Is Likely Temporary

    Westrick_Tim_Treliant.jpg

    Criminal antitrust enforcement may appear to have dropped off in fiscal year 2016, if fines assessed on companies and executives are any measure. However, a deeper look provides a more accurate picture. In fact, the stage could be set for total fines to again surpass $1 billion in FY2017, says Timothy Westrick, a senior manager at Treliant Risk Advisors and former federal prosecutor.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.