Competition

  • April 09, 2020

    Preston Hollow Gets No Relief For Nuveen's 'Lies'

    A Delaware vice chancellor on Thursday ruled that financial industry giant Nuveen LLC used “threats and lies” to harm competitor Preston Hollow Capital LLC, but he granted no relief for the bad acts, saying the Chancery Court cannot provide the equitable relief Preston Hollow sought.

  • April 09, 2020

    Antitrust Enforcers Lean Toward Flexibility Amid COVID-19

    Antitrust watchdogs around the world are making it clear that they’re OK with a limited amount of cooperation between companies in order to get much-needed products where they need to go amid the coronavirus pandemic.

  • April 09, 2020

    EU Seeks Further Expansion Of COVID-19 Aid

    The European Commission announced a proposal Thursday to enable member states to provide recapitalizations to companies severely affected by the COVID-19 pandemic, a move that would further expand the scope of the commission's temporary framework permitting aid to combat the novel coronavirus.

  • April 09, 2020

    France Requiring Google To Negotiate Pay For News Content

    Google must negotiate with any news organization that wants to license out its content for the internet giant's aggregation services under an interim order issued Thursday by France's antitrust enforcer.

  • April 09, 2020

    Biz Group Wants Justices To Tackle NFL 'Sunday Ticket' Suit

    The U.S. Chamber of Commerce backed the NFL and DirecTV in their push for U.S. Supreme Court review of a Ninth Circuit ruling that revived an antitrust suit over "Sunday Ticket" games, saying it threatens to upend lawful joint ventures.

  • April 09, 2020

    BofA, JPMorgan, RBS Agree To $25M Settlement In Libor Suit

    JPMorgan Chase, Bank of America and RBS have agreed to shell out a combined $25.5 million to settle bondholders' claims that they rigged the London Interbank Offered Rate, according to a bid for initial approval of the deal filed in New York federal court Wednesday.

  • April 09, 2020

    UK, DOJ Pursue Bids To Block $360M Sabre-Farelogix Merger

    British competition authorities and the U.S. Department of Justice are moving forward with separate challenges to the $360 million proposed merger of airline booking service companies Sabre Corp. and Farelogix Inc.

  • April 09, 2020

    Federal Court Tosses Axon’s Challenge Of FTC Authority

    An Arizona federal court tossed a suit from police body camera and nonlethal weapon maker Axon Enterprise Inc. that challenged the Federal Trade Commission’s structure and merger review process as unconstitutional.

  • April 08, 2020

    South Korea Co. Will Pay $2M Under DOJ Antitrust Deal

    The U.S. Department of Justice announced a civil settlement Wednesday with Seoul-based Jier Shin Korea Co. Ltd., the last of several with South Korean companies who were accused of rigging bids and fixing prices on U.S. military fuel supply contracts in the country.

  • April 08, 2020

    Fed. Circ. Questions Commerce's Steel Duty Tie-Up Of 3 Cos.

    The Federal Circuit on Wednesday appeared skeptical of the legality of the U.S. Department of Commerce's decision to tie three Taiwanese steel manufacturers into a single entity to calculate a combined anti-dumping duty margin.

  • April 08, 2020

    Bid Rigging Harmed Business Deal, $44M Suit Claims

    Sussman Sales Co. says it is owed $44 million after a business partner broke their contract when the partner was confronted about allegedly rigging bids for contracts within the New York City school system. 

  • April 08, 2020

    EU Open To 'Comforting' Drugmakers Cooperating Amid Virus

    European Union antitrust officials issued new guidance Wednesday aimed at helping companies know the types of coordination permitted to combat the COVID-19 pandemic, with a particular emphasis for drugmakers who got a "comfort letter" on generic-drug cooperation.

  • April 08, 2020

    Facebook, Google Push Back On UK's Market Power Fears

    In response to a U.K. competition report flagging concerns with Facebook and Google’s dominance in the digital ad market, both tech titans brandished their continued investment in new tech as evidence that competition in the industry is healthy.

  • April 08, 2020

    Congress Preps Pandemic Price-Gouging Bill, Seeks DOJ Help

    House lawmakers introduced a pair of bills Wednesday aimed at cracking down on excessive pricing, as senators asked the U.S. Department of Justice to better enforce a White House order targeting price gouging and hoarding of medical supplies during the coronavirus outbreak.

  • April 08, 2020

    Comcast Can't Get Full 7th Circ. To Tank Antitrust Suit

    The full Seventh Circuit turned down Comcast Corp.'s request to consider squashing a $160 million antitrust suit that accuses the cable giant of monopolizing local ad sales, which a panel of the appellate court had allowed to move forward.

  • April 08, 2020

    Port Of LA, Union Accused Of Forcing Out Developer

    The Port of Los Angeles, its director and the union representing dockworkers there were sued in California federal court by a company alleging that its contract to develop and improve certain port infrastructure was terminated due to pressure from organized labor.

  • April 08, 2020

    Antitrust Regulator Suspends Drug Price Probes Amid Virus

    Britain’s antitrust watchdog said it has suspended two investigations into pharmaceutical companies that it suspects of illegally colluding on the price of drugs, saying the cases are still open but resources have been reallocated to “urgent work” during the coronavirus pandemic.

  • April 08, 2020

    LasikPlus Can't Shake Claims Gifts Prompted Good Reviews

    A Florida federal judge refused Wednesday to dismiss a suit accusing LasikPlus of scheming to grab market share from other refractive eye surgery providers by handing out free gifts in exchange for positive online reviews, but he expressed reservations about the strength of the competitors’ claims.

  • April 08, 2020

    DOJ Loses Bid To Block $360M Sabre-Farelogix Merger

    Pointing to “simply unpersuasive” testimony by a key government expert, a federal judge in Delaware has rejected the Justice Department’s Clayton Act suit to block a $360 million merger of airline booking service companies Sabre Corp. and Farelogix Inc.

  • April 07, 2020

    Altria, Juul Face Consumer Antitrust Action Over $12.8B Deal

    A $12.8 billion deal between Juul and Altria "eliminated a potential competitor" for Juul and allowed it to gouge direct purchasers with artificially inflated prices, a Juul customer said in a proposed antitrust class action complaint filed against the companies in California federal court Tuesday.

  • April 07, 2020

    Calif. Justices Open To Cities Seeking Statewide UCL Relief

    Two California Supreme Court justices appeared open Tuesday to allowing city and county prosecutors to seek statewide relief for Unfair Competition Law violations, even if the conduct occurs outside their jurisdiction, with one justice saying local prosecutions have not gone “amok” so far and another saying such prosecutions protect consumers.

  • April 07, 2020

    7th Circ. Urged To Rethink Chicago Exchanges' Antitrust Win

    The Seventh Circuit created a split among circuit courts when it upheld the pretrial win of two Chicago exchanges accused of conspiring to block a competitor from entering the market, that rival said as it asked the full circuit to rehear the case.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    News Corp., Insignia Antitrust Suit Moves Forward

    A Minnesota federal judge has agreed with a magistrate judge’s recommendations and refused competing bids from News Corp. and Insignia Systems Inc. to end the latter’s antitrust suit over alleged anti-competitive activities in the in-store promotion sector.

  • April 07, 2020

    ITC Won't Bar SK Hynix Imports In Essential Patent Case

    The U.S. International Trade Commission ruled Tuesday that SK Hynix Inc. does not infringe Netlist Inc.’s memory module patents, rejecting Netlist’s bid for what would have been the second ever ITC exclusion order involving a standard-essential patent.

Expert Analysis

  • Coronavirus Stimulus Fraud May Be A Target For State AGs

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    Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

  • How Sellers Can Avoid Price-Gouging For 'Essential' Cannabis

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    With the nascent cannabis industry unexpectedly being labeled "essential" and experiencing a sudden surge in consumer demand, dispensaries and operators must be careful to avoid triggering violations of state-specific price-gouging laws, say Joshua Mandell and Evelina Gentry at Akerman.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • How State Price-Gouging Laws Apply To Wholesalers

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    In the current emergency climate caused by the COVID-19 pandemic, wholesale distributors must carefully consider state-level price-gouging statutes and should keep records of increased supplier, labor and material costs when charging more for certain goods, say Lawrence Silverman and Carmen Ortega at Akerman.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Asserting RAND Defenses At The ITC: 3 Common Pitfalls

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    As a recent shift in policy at the U.S. Department of Justice and U.S. Patent and Trademark Office casts doubt on the future of reasonable and nondiscriminatory patent defenses before the U.S. International Trade Commission, the missteps of past respondents provide a road map of what not to do, says Brian Johnson at Steptoe & Johnson.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Are Pandemic Sellers Actually Violating Price-Gouging Laws?

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    As unscrupulous sellers try to take advantage of Americans by selling products at unconscionable prices during the coronavirus pandemic, economists at Edgeworth Economics​​​​​​​ empirically test whether the prices being charged for goods and services rise to the level of price-gouging as defined by various state laws.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Responding To DOJ's Increasing Int'l Antitrust Extraditions

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    The U.S. Department of Justice's recent extradition of a Korean auto parts executive — the third extradition based solely on an antitrust charge — reveals the difficult choices individuals face in deciding whether to defend themselves in a foreign land, but defendants in these cases have other options, say attorneys at BakerHostetler.

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