Competition

  • November 21, 2019

    Chinese Co. Owes $40M For Telescope Monopoly, Jury Told

    A Chinese telescope seller should pay $40.3 million for suppressing competition and for its “complete and total domination” of the telescope market, a California company told a federal jury during closings of an antitrust trial Thursday, while the Chinese seller said there’s no evidence it engaged in a price-fixing conspiracy.

  • November 21, 2019

    Pepsi Owes Midwest Bottler $3M Over Reimbursements

    PepsiCo owes an Iowa-based bottling conglomerate almost $3 million over claims the beverage giant broke its promise to reimburse the bottler after undercutting its prices through deals with national customers like Dollar General, a federal jury in Iowa said Wednesday.

  • November 21, 2019

    9th Circ. Won't Revive DVD Drive Price-Fixing Suit

    The Ninth Circuit on Wednesday refused to revive claims from consumers accusing two DVD drive makers of participating in a conspiracy to fix prices, affirming a lower court’s ruling that testimony of the buyers’ expert was too hypothetical.

  • November 21, 2019

    Hagens Berman, Cohen Milstein Get $10M Fees On 2nd Try

    A California federal judge on Thursday approved $10 million in attorney fees sought by Hagens Berman Sobol Shapiro LLP and Cohen Milstein Sellers & Toll PLLC for securing a $50 million settlement over electronics industry price-fixing, saying they'd resolved concerns about "insufficient" billing explanations he'd raised earlier.

  • November 21, 2019

    Apple, Intel Fight Alleged Backer Of 'Meritless Patent' Scheme

    Intel has rejiggered its lawsuit against investment management firm Fortress Investment Group LLC in California federal court, dropping its initial complaint in order to file a new one backed by Apple against the firm’s alleged funding of an anti-competitive patent aggregation scheme.

  • November 21, 2019

    UK Probing Hasbro's $4B Buy Of Entertainment One

    Britain's antitrust watchdog on Thursday said it is looking into whether toy and board game giant Hasbro Inc.'s proposed $4 billion takeover of Canada's film and TV studio Entertainment One Ltd. would threaten competition in the U.K. or in the global market.

  • November 21, 2019

    DOJ Can't DQ Munger Tolles In Sprint, T-Mobile Merger Fight

    A New York federal judge on Thursday shot down a bid by the U.S. Department of Justice to intervene in several states' effort to block Sprint and T-Mobile's planned merger, saying that it was "inexcusable" that the attempt to disqualify the states' lead counsel at Munger Tolles & Olson was filed so late.

  • November 21, 2019

    German Auto Giants Hit With €100M Fine For Steel-Buying Plot

    German auto giants BMW, Volkswagen and Daimler formed a cartel to negotiate better prices from steel manufacturers and are getting slapped with €100 million ($110.6 million) in fines because of it, the country’s antitrust watchdog said Thursday.

  • November 21, 2019

    House Advances Bills Targeting Pharma IP Practices

    The House Judiciary Committee has cleared legislation aimed at cutting drug prices by outlawing a pharmaceutical industry practice known as “product hopping,” as well as streamlining the patent process so biosimilars can more quickly enter the market.

  • November 21, 2019

    Bumble Bee Foods Hits Ch. 11 With $925M Bid In Hand

    Canned seafood producer Bumble Bee Foods LLC hit Chapter 11 Thursday afternoon in Delaware with a deal to sell its assets for $925 million and blaming its financial troubles on the fallout from a price-fixing scheme that led to criminal fines and civil lawsuits.

  • November 21, 2019

    MVP: Covington's Thomas Barnett

    Covington & Burling LLP's Thomas Barnett helped guide Disney through the global clearance process for its $71 billion purchase of 21st Century Fox assets last year, while helping multiple technology companies navigate a tumultuous regulatory environment, earning him a spot among Law360's 2019 Competition MVPs.

  • November 20, 2019

    Ex-Chicken Of The Sea Exec Admits Price-Fix Deal At Trial

    Two former Chicken of the Sea executives testified Wednesday that ex-Bumble Bee Foods CEO Chris Lischewski approached them about pricing, with one executive admitting he entered a price-fixing agreement with Lischewski and the other saying he lied about having been in a car accident to avoid the meeting.

  • November 20, 2019

    HP's $176M Antitrust Trial Win Should Be Nixed, Quanta Says

    Facing a $176 million price-fixing verdict after a trial against Hewlett-Packard Co., optical disc drive maker Quanta Storage urged a Texas federal court Tuesday not to triple the verdict and, in fact, to reverse it altogether and grant Quanta a new trial.

  • November 20, 2019

    Radiology Board Gets Antitrust Suit Zapped

    An Illinois federal judge has tossed an antitrust suit against the American Board of Radiology, holding that the organization didn’t illegally tie its initial board certification for radiology physicians to a continuous certification program because the two are simply one “multi-stage process” in which tying claims are impossible.

  • November 20, 2019

    Texas Hospital Tries Again To End Doc's $19M Antitrust Suit

    Tenet Healthcare Corp. is trying for the second time to end a doctor's $19.2 million antitrust suit accusing it of excluding 70% of pediatric anesthesiologists in the San Antonio, Texas, area from working at its hospitals, again attacking the sufficiency of the evidence backing the claims.

  • November 20, 2019

    3rd Circ. Rejects FCC's Rehearing Bid In Media Rules Case

    The Third Circuit on Wednesday rejected the Federal Communications Commission’s request to rehear a court order requiring the agency to rework some of its media ownership rules.

  • November 20, 2019

    Freddie, Fannie Bond Buyers Seek Cert. In Price-Rigging Suit

    Days after announcing a third settlement in the litigation, buyers of Fannie Mae and Freddie Mac bonds asked a New York federal judge for class certification in their antitrust suit against Bank of America, JPMorgan and other banking behemoths.

  • November 20, 2019

    Chipmakers Urge Quick Dismissal Of Price-Fixing Suit

    Samsung Electronics Co. and two other chipmakers have urged a California federal court to toss a proposed class action accusing them of fixing prices on dynamic random-access memory, saying the new complaint is just a repackaging of already-dismissed allegations.

  • November 20, 2019

    DOJ Gets Time In Court In Qualcomm's 9th Circ. Class Appeal

    The U.S. Department of Justice will be able to back Qualcomm in court against the certification of a class estimated to include 250 million U.S. phone buyers under a Ninth Circuit order granting the agency five minutes in upcoming oral arguments.

  • November 20, 2019

    Buyers Chide Endo's Claim That Class Too Small For Cert. Bid

    Direct purchasers who claim they overpaid for pain reliever Opana ER have asked an Illinois federal court to ignore Endo Pharmaceuticals' argument that their proposed class is too small to be certified, asserting that federal courts routinely approve classes of fewer than 40, including in similar antitrust disputes.

  • November 20, 2019

    Sprint, T-Mobile Don't Want DQ Bid To Delay Merger Trial

    Sprint and T-Mobile told a New York federal court that they share the Justice Department's concerns about Munger Tolles & Olson LLP representing the contingent of states suing to block their merger, but asked that the trial not be postponed even if the firm gets disqualified.

  • November 20, 2019

    Door Maker Wins Another $7M In Long-Running Antitrust War

    Door part manufacturer Steves and Sons Inc. has secured an additional $7 million in damages against industry supplier Jeld-Wen Inc. for overcharges Steves said it was forced to pay Jeld-Wen despite last year's $185 million antitrust verdict against the supplier.

  • November 20, 2019

    Pembina Gets Antitrust OK For $3.3B Kinder Morgan Unit Buy

    Pembina Pipeline Corp. and Kinder Morgan Inc. said Wednesday that Canadian antitrust regulators have cleared Pembina's proposed CA$4.35 billion ($3.28 billion) purchase of Kinder Morgan Canada and part of Kinder Morgan's Cochin pipeline, bringing the deal one step closer to completion.

  • November 20, 2019

    Ex-JPMorgan Trader Found Guilty Of Forex Price-Fixing

    A Manhattan federal jury on Wednesday convicted onetime JPMorgan forex trader Akshay Aiyer of scheming to fix currency prices to boost his earnings, delivering a guilty verdict on a count of conspiring to restrain trade in violation of the Sherman Act.

  • November 20, 2019

    Korean FTC Prepping Sanctions For Search Engine Co.

    South Korea’s antitrust watchdog is getting ready to bring penalties against the country’s largest search engine after finding that Naver Corp. violated antitrust laws by preferring its own platforms in its search results, according to reports.

Expert Analysis

  • Key Aspects Of DOJ's Gov't Procurement Antitrust Initiative

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    The U.S. Department of Justice’s recently announced interagency strike force targets bid-rigging and other antitrust crimes at every level of government, meaning individuals and companies involved in government procurement or grants should prepare for increased scrutiny and enhanced enforcement, say attorneys at Latham.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Aviation Watch: No Winners In Boeing-Airbus Trade Feud

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    Recently announced U.S. tariffs against a range of European products are just the latest negative consequence of a 15-year trade dispute centering on subsidies to Boeing and Airbus — a conflict that has proven disastrous for all involved, says Alan Hoffman, a retired attorney and private pilot.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Opinion

    What Headlines Missed About ‘Cartel’ Traders’ Trial 1 Year Ago

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    In U.S. v. Usher, a Manhattan federal jury acquitted three British forex traders known as "the cartel" of antitrust allegations one year ago, but some common myths about the case, perpetuated by flashy headlines, still need to be debunked, say White & Case's Samuel Feldman and Mark Gidley, who represented one of the defendants.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Teaching Witnesses To Avoid Cross-Examination Traps

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    It’s common for inexperienced witnesses to become ensnared in their own responses during cross-examination, so they should be coached in advance on how to break down each question-and-answer scenario into three distinct phases, says Jeff Dougherty of Litigation IQ.

  • New Calif. Pay-For-Delay Law May Hurt Those It Aims To Help

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    Although well-intentioned, a new California law attempting to prevent patent settlement agreements in which a branded drug company pays a generic company to delay the generic may have the unintended consequence of precluding pro-competitive settlement agreements that allow for generic drug entry significantly earlier than patent expiration, say Chad Landmon and Chantelle Ankerman of Axinn.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • SEPs In The Wake Of Qualcomm: 4 Defense Issues

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    As the recent Federal Trade Commission v. Qualcomm case demonstrates, standard-essential patents can present unique challenges, but by carefully establishing short-term and long-term strategies, SEP implementers can put themselves in a stronger position for defending against SEP enforcement, say attorneys at Sterne Kessler.

  • MDLs Are Redefining The US Legal Landscape

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    With last week’s settlement of a bellwether case in the national prescription opiate multidistrict litigation as one example, a shift toward more expeditious and individualized MDLs is taking place, with the potential to effect profound change in the U.S. legal space, say Alan Fuchsberg and Alex Dang of the Jacob Fuchsberg Law Firm.

  • What Industry, Investors Think Of The Proposed CFIUS Regs

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    Comments on the U.S. Department of the Treasury's proposed regulations to expand and modernize the Committee on Foreign Investment in the United States offer insight into investment community concerns and questions, as well as alternatives that would affect U.S. and foreign entities alike, say attorneys at Simpson Thacher.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.