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Competition

  • March 21, 2019

    Qualcomm Can Seek Claim Apple Forfeited FRAND Rights

    A California federal judge has allowed Qualcomm to pursue its counterclaim in an antitrust suit that Apple forfeited rights to favorable licensing terms for smartphone technology.

  • March 21, 2019

    In Latest EU Fine, Signs Of Google's Next Sanction

    Despite leveling its third major fine against Google for abusing its market power, the European Commission is far from done with the search engine giant.

  • March 21, 2019

    Watchdog Asks DOT To Publicize Info On Airline Immunities

    The U.S. Department of Transportation needs to be more transparent about how it decides whether to hand out antitrust immunity to airlines seeking to make alliances, according to a U.S. Government Accountability Office report released Wednesday.

  • March 21, 2019

    Hotel Chains Have To Face Search-Engine Antitrust Suit

    An Illinois federal judge on Thursday refused to dismiss a proposed class action against Hyatt, Hilton, Marriott and other hotel giants over allegations the companies have an anti-competitive agreement to avoid advertising against each other via search engines.

  • March 21, 2019

    EU Offers UK Limited Delay To Stave Off A No-Deal Brexit

    European Union leaders said Thursday that Britain will be allowed to delay its departure from the bloc until May 22 on the condition that the government's withdrawal agreement gains parliamentary approval in the U.K. next week.

  • March 21, 2019

    1st Circ. Loss Dooms New Asacol Buyer Class, Allergan Says

    Allergan PLC said a group that claims the company's anti-competitive methods caused it to overpay for its ulcerative colitis drug should not get a second chance at class certification after the First Circuit knocked down its first attempt.

  • March 21, 2019

    S. Korean Watchdog Trims Qualcomm Rebates Fine

    South Korea’s competition enforcer on Thursday reduced by around $40 million a fine it slapped on Qualcomm a decade ago for allegedly abusing its dominance by offering rebates to manufacturers for patent royalties when they used Qualcomm’s chips.

  • March 21, 2019

    EU Issues New Rules For Screening Foreign Investments

    The European Union published new rules Thursday for screening inbound foreign investments that go into effect next month, following the same overall structure of the Committee on Foreign Investment in the United States.

  • March 21, 2019

    Chicken Of The Sea, Target Reach Deal Over Tuna Price-Fixing

    Target Corp. and two food distributors on Thursday cut loose Chicken of the Sea from sprawling multidistrict litigation in California federal court, agreeing to resolve allegations that the packaged seafood producer fixed prices for canned tuna.

  • March 21, 2019

    EU Clears Spirit Aero's $650M Asco Deal After Fixes

    Europe’s competition watchdog approved Spirit’s $650 million acquisition of Asco after Spirit had offered commitments to alleviate the regulator's concerns, particularly for the supply of aerospace equipment.

  • March 20, 2019

    Health Care IP Key To Cutting Costs: FTC Member

    Enforcing intellectual property rights in health care and ensuring competition to everyone’s benefit — especially finding ways to control skyrocketing prescription drug costs — has emerged as a priority at the Federal Trade Commission, a Republican member of the body said Wednesday.

  • March 20, 2019

    Sara Lee's $14.5M Price-Fix Deal With Distributors Nears OK

    A California judge Wednesday said she's ready to grant preliminary approval to Sara Lee's $14.5 million settlement ending claims that it illegally fixed the prices independent distributors could charge for its baked goods but said fees owed to a former attorney for the distributors need to be resolved first.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    S. Korean Oil Cos. To Pay $126M For Bid-Rigging Scheme

    Two South Korean petroleum and refinery companies have agreed to plead guilty and pay $126 million in criminal fines and civil damages for rigging bids on defense fuel supply contracts, the U.S. Department of Justice’s antitrust chief said Wednesday.

  • March 20, 2019

    Nexstar Sells 19 Stations For $1.32B To Satisfy Regulators

    Nexstar Media Group said Wednesday it has reached deals to sell 19 TV stations totaling $1.32 billion to resolve regulators’ antitrust concerns about its proposed megadeal to buy Tribune Media Co.

  • March 20, 2019

    AT&T-Time Warner Trial Sets Poor Example, Delrahim Says

    The D.C. Circuit’s handling of the AT&T-Time Warner trial last summer doesn’t set an ideal example for how courts should analyze mergers for anti-competitive harms, the U.S. Department of Justice’s Antitrust Division head said Wednesday, prompting criticism from one Federal Communications Commission member who said the DOJ's current benchmarks "stink."

  • March 20, 2019

    Qualcomm Can't Block Antitrust Troubles From Trial: Apple

    Qualcomm can't be allowed to block any mention of separate antitrust actions from its upcoming multibillion-dollar trial against Apple over the chipmaker's licensing practices, Apple told a California federal judge Wednesday.

  • March 20, 2019

    Size Doesn't Matter For Old Mergers, FTC Chair Says

    The Federal Trade Commission doesn’t consider the size of companies when examining whether a past merger was a bad idea, but instead focuses on what future the individual companies would have had absent the merger, the agency’s chairman said Wednesday.

  • March 20, 2019

    FTC Has Its Eyes On Lying Advertisers, Chairman Says

    The Federal Trade Commission will go after advertisers who make misleading claims about their products with renewed force, Chairman Joseph Simons said Wednesday at an advertising law conference in Washington, D.C.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • How Per Se Rule Will Die In Criminal Antitrust Cases

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    When the issue of the per se rule for criminal Sherman Act trials reaches the U.S. Supreme Court in the near future, the justices will take different approaches, but the rule will fall, says former federal prosecutor Robert Connolly.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • 4 Key Issues In Rent-A-Center Case And A $127M Question

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    The Delaware Chancery Court's decision last week in Vintage v. Rent-A-Center is a stark reminder that courts will enforce the terms of a merger agreement as written. The issue to watch is whether Rent-A-Center will be entitled to the reverse termination fee, say attorneys at Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    US Antitrust Law Supports An FTC Win Against Qualcomm

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    Though general propositions of antitrust appear to pose serious threats to the Federal Trade Commission's case against Qualcomm in the Northern District of California, a closer look shows how Qualcomm's use of its patents has distorted the competitive process, says Thomas Cotter of the University of Minnesota Law School.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • If There, Then Here: How Gov't Probes Help Antitrust Plaintiffs

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    Private plaintiffs seeking to bolster their price-fixing complaints by citing government investigations or guilty pleas concerning different markets should consider instructive decisions from the Auto Parts, Generic Drugs, and SRAM and Flash Memory litigations, say William Reiss and Dave Rochelson of Robins Kaplan LLP.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Debating DOJ And Wash. Attorney General No-Poach Briefs

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    The U.S. Department of Justice and the Washington state Attorney General’s Office have filed amicus briefs in three class actions challenging several fast-food restaurant chains' "no-poach" agreements. Jon Jacobs and Thomas Boeder of Perkins Coie LLP, alumni of these two organizations, explain the extent to which the two briefs conflict.