A major U.S. dental supply company has accused the Federal Trade Commission of "severe hindsight bias" in the commission's suit alleging three suppliers conspired to spurn buying groups, asking an administrative law judge to toss the agency's action.
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Monday, October 22, 2018 Follow Competition Law360

TOP NEWS

Dental Supplier Calls FTC Case Textbook 'Regulatory Hubris'

A major U.S. dental supply company has accused the Federal Trade Commission of "severe hindsight bias" in the commission's suit alleging three suppliers conspired to spurn buying groups, asking an administrative law judge to toss the agency's action. Read full article »

Jury Hears Ex-Barclays Trader's Worries As Gov't Case Ends

Jurors in the antitrust trial of three former foreign exchange traders for Citigroup, Barclays PLC and JPMorgan Chase & Co. units on Friday heard a recording of a former Barclays trader voice concern about his allegedly collusive trading behavior in the forex market as prosecutors wrapped up their witness testimony. Read full article »

Pfizer Escapes Aussie Antitrust Watchdog's Lipitor Case

Australia’s High Court has rejected the nation’s competition watchdog’s efforts to revive an antitrust case accusing Pfizer of abusing its market power to maintain control of the Australian generic market for its blockbuster cholesterol drug Lipitor, the enforcer said Friday. Read full article »

NCAA Athletes Rip 'Myth' Of Amateurism In Trial Closings

NCAA athletes on Friday blasted the association's rules limiting athlete compensation in written closing arguments of a landmark antitrust trial, arguing that fans won't stop watching college sports if athletes are paid and amateurism is an "economically invalid" myth. Read full article »

MERGER REVIEW

Analysis

What M&A Attys Must Know About Mandatory CFIUS Filings

A new pilot program will require inbound U.S. investments across nearly 30 industries to file with the Committee on Foreign Investment in the United States, a significant change from the previously optional process that could spur steep financial penalties for those who fail to comply. Here, Law360 outlines key aspects of the soon-to-be-instituted rule change. Read full article »

EU Approves Microsoft's $7.5B Deal For GitHub

Europe's competition enforcer said Friday that it had approved Microsoft Corp.'s planned $7.5 billion purchase of code-hosting platform GitHub Inc. without conditions after finding that the software giant won’t be able to stop GitHub from providing users access to third-party tools. Read full article »

Sprint-T-Mobile Merger Racks Up More Small-Biz Support

Sprint and T-Mobile's proposed combination has continued drawing support from small and rural stakeholders who say the deal will bring benefits of modern technology to neglected communities, most recently expressed in filings from the Vermont Business Roundtable and the Chattanooga Area Chamber of Commerce. Read full article »

INTERNATIONAL

Canada Wraps Up Auto Parts Cartel Probe With INOAC Plea

Canada’s competition enforcer said Friday that it had concluded its investigation into an international conspiracy to rig bids on car parts, after it secured a guilty plea from a Japanese car parts manufacturer. Read full article »

EU Approves €306M In State Aid For Greek Highway

The European Union’s competition watchdog on Friday gave its seal of approval for the use of €306 million ($352.3 million) in Greek public funds to construct a portion of a motorway in the country’s central region, saying the funding falls in line with applicable state aid regulations. Read full article »

LITIGATION

Singapore Banks Seek Redo On SIBOR Rigging Escape Bid

A group of Singapore-based banks, along with one based in Hong Kong, urged a New York federal judge on Thursday to reconsider a ruling that kept them in a suit over an alleged conspiracy to manipulate the Singapore Interbank Offered Rate, arguing that they don’t trade in the instruments at issue. Read full article »

HTC Says Ericsson Is Dragging Its Feet In SEP Royalties Row

Cellphone maker HTC America Inc. urged a Texas federal court on Thursday to nudge Ericsson Inc. into turning over evidence related to its alleged overcharging for aging standard-essential patents, saying the Swedish telecom is dragging its feet while it awaits a ruling on whether certain antitrust claims can be arbitrated. Read full article »

Duane Morris Wins $850K Cut Of $3.1M Auto Parts MDL Deal

Duane Morris LLP on Thursday saw a fee request granted by the Michigan federal judge overseeing multidistrict litigation surrounding an alleged conspiracy to stifle competition in the auto parts industry, scoring just under $850,000 from a $3.1 million deal cut with Robert Bosch GmbH and others. Read full article »

Auto Group Investors Try To Ditch Antitrust, RICO Suit

Three auto group investors asked a Texas federal judge to toss an antitrust suit against them, saying the case should be tried in Oklahoma, where identical bid-rigging and racketeering claims in the foreclosure of their two dealerships are being heard in the Oklahoma Supreme Court. Read full article »

EXPERT ANALYSIS

​Are You Ready For Your Congressional Investigation?

​The Democratic Party is ​expected to take control of the House of Representatives next year,​ ​which​ will dramatically increase the congressional investigations risks for ​the ​private sector.​ Prime targets include pharmaceutical, financial services and technology ​companies, says Brian Smith of Covington & Burling LLP. Read full article »

Series

Trade Wars: Restricting Foreign Access To US Technology

The tech industry is now at the center of policies designed to protect U.S. technology from foreign access and influence — including not only restrictions on foreign investment, but also supply chain exclusions, limits on academic research, curbs on third-country technology transfers and measures against foreign control of key raw materials, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC. Read full article »

Need Litigation Finance? Don't Skip These 5 Steps

The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC. Read full article »

LEGAL INDUSTRY

Feature

BigLaw Firms Quiet About Lobbying Ties To Saudi Arabia

Gibson Dunn & Crutcher LLP is the only major U.S. law firm to walk away from its lobbying relationship with Saudi Arabia after growing condemnation of its alleged involvement in a journalist's death, as five other major law firms are keeping quiet about their ties to the Middle Eastern kingdom so far. Read full article »

Kavanaugh Gets 7th Circ. As High Court Shuffles Assignments

The U.S. Supreme Court on Friday issued an order handing over Justice Elena Kagan’s Seventh Circuit assignment, which she had held since 2010, to newly confirmed Justice Brett Kavanaugh. Read full article »

Feature

Chancery Closes Gender Gap, National Courts Moving Slowly

Delaware lawmakers caused a small stir earlier this month when they confirmed two veteran female attorneys to the state’s Court of Chancery, expanding the nationally important court by two seats while roughly closing the gender gap among its now-seven members for the first time. Read full article »

Interview

GCs Should Take Hack Issues To The Feds, DHS Official Says

Jeanette Manfra, a top cybersecurity and communications official at the U.S. Department of Homeland Security, tells Law360 why she's inviting general counsel to trade information about cyberthreats with her office and discusses the department's plan to secure the upcoming federal and state elections. Read full article »

Labaton Says 1/3 Of Its Open Cases Include Referral Fees

Nearly one-third of Labaton Sucharow LLP’s open cases came to the firm through referral arrangements, according to a filing Thursday in Massachusetts federal court, offering a peek behind the curtain as the firm faces scrutiny for a payment to a Texas attorney uncovered in the ongoing State Street settlement fee fight. Read full article »

Philly Atty Says Neighboring Starbucks Flooded His File Room

A Philadelphia attorney sued his landlord and Starbucks Corp. in state court Thursday over a 2016 flood — allegedly caused by a pipe clogged with coffee grounds from a neighboring coffee shop — that destroyed archived client files kept in the lawyer’s basement storage room. Read full article »

Atty Urges Justices To Hear Suit Over Defamatory Yelp Review

A personal injury lawyer and her firm have urged the U.S. Supreme Court to review the California Supreme Court's split ruling that reverses an order requiring Yelp Inc. to take down defamatory reviews that a former client posted on the customer review site. Read full article »

Feature

GC Cheat Sheet: The Hottest Corporate News Of The Week

Three separate surveys published recently identified the four firms that general counsel fear the most, revealed one in four professional women working in the legal industry experienced some form of sexual harassment or misconduct in the past five years and showed legal industry has a serious problem with bullying. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

Podcast

Law360's Pro Say: No 11th-Hour Judicial Picks For Fla. Gov.

The Florida Supreme Court ruled this week that Republican Gov. Rick Scott couldn’t pick three new high court justices in his final hours in office, capping off a strange judicial showdown in the Sunshine State. Carolina Bolado, our senior Florida reporter, joins us on the Pro Say podcast to break it all down. Read full article »

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LAW FIRMS

Akin Gump

Allen & Overy

Alston & Bird

Baker Botts

Boies Schiller

Briggs and Morgan

Brownstein Hyatt

Buchanan Ingersoll

Cahill Gordon

Choate

Cleary Gottlieb

Condon & Forsyth

Covington & Burling

Cravath Swaine

Davis Polk

Davis Wright Tremaine

Debevoise & Plimpton

Duane Morris

Emery Celli

GableGotwals

Gibson Dunn

Goodwin

Hagens Berman

Haltom & Doan

Harder LLP

Hassell Law Group

Hogan Lovells

Hughes Hubbard

Jackson Lewis

Jones Day

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Labaton Sucharow

Lieff Cabraser

Littler Mendelson

Locke Lord

Lowey Dannenberg

MassPoint Legal and Strategy Advisory PLLC

McDermott Will

McKool Smith

Milbank Tweed

Morgan Lewis

Morris James

Nixon Peabody

Ogletree Deakins

Paul Weiss

Pearson Simon

Perkins Coie

Pillsbury Winthrop

Powers Taylor

Pritzker Levine

Proskauer Rose

Quinn Emanuel

Reed Smith

Schertler & Onorato

Seward & Kissel

Sidley Austin

Simpson Thacher

Skadden

Squire Patton Boggs

Stroock & Stroock

Sullivan & Cromwell

Thornton Law Firm LLP

Vinson & Elkins

Warner Norcross

Weil Gotshal

White & Case

Wilkinson Walsh

WilmerHale

Winston & Strawn

Young Conaway

COMPANIES

AIXTRON SE

AT&T Inc.

Ally Financial Inc.

American Bar Association

Australia and New Zealand Banking Group

Autoliv Inc.

BNP Paribas

BTI Consulting Group Inc.

Bank of America Corporation

Barclays PLC

Benco Dental Supply Co. Inc.

Business Roundtable

Citigroup Inc.

Commerzbank

Credit Agricole SA

Credit Suisse Group AG

Delaware State Bar Association

Deutsche Bank AG

FTI Consulting Inc.

Faculty Athletics Representatives Association

GitHub Inc.

Google Inc.

HSBC Holdings PLC

Henry Schein Inc.

Hitachi Ltd.

Honda Motor Co. Ltd.

Huawei Technologies

ING Groep N.V.

International Bar Association

JPMorgan Chase & Co.

LM Ericsson Telephone Company

LinkedIn Corp.

Microsoft Corporation

Mitsubishi Electric Corp.

National Collegiate Athletic Association

New York Times Co.

New York University

Oversea-Chinese Banking Corp. Ltd.

Pac-12 Enterprises LLC

Pfizer Inc.

Ranbaxy

Robert Bosch GmbH

Sprint Nextel Corporation

Standard Chartered PLC

Starbucks Corporation

State Street Corp.

Steven Madden Ltd.

Suzuki Motor Corp.

T-Mobile USA Inc.

Takata Corp.

The Gap Inc.

The Royal Bank of Scotland Group PLC

Toyoda Gosei Co. Ltd.

Toyota Motor Corp.

Trump Organization Inc.

UBS AG

United Overseas Bank

Verizon Communications Inc.

Washington Post Co.

Yelp Inc.

GOVERNMENT AGENCIES

California Supreme Court

Committee on Foreign Investment in the United States

Department of Commerce

European Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Judicial Center

Federal Trade Commission

Florida Supreme Court

International Chamber of Commerce

National Security Agency

Oklahoma Supreme Court

Serious Fraud Office

U.S. Army

U.S. Department of Energy

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of State

U.S. Department of the Treasury

U.S. Supreme Court