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Competition

  • January 16, 2019

    PetIQ Chews On Rivals' Fresh Suit Over Clinic Chain Buy

    Pet medicine distributor PetIQ has urged a California federal court to toss an amended suit brought by two rivals seeking to block its purchase of a veterinary clinic chain, saying the antitrust suit lacks the flesh it was asked to add to the first version.

  • January 16, 2019

    Barr Shows He Is Mostly In Tune With DOJ Antitrust

    Big isn't necessarily bad, William Barr told lawmakers Tuesday in one of several areas where the attorney general nominee largely aligned with the existing views of the U.S. Department of Justice's Antitrust Division, absent a Time Warner-sized hole.

  • January 16, 2019

    Banks Accused Of Rigging Libor After Post-Scandal Overhaul

    A Connecticut bank on Tuesday accused the owner of the New York Stock Exchange of conspiring with some of the world's largest banks to artificially deflate a key financial benchmark after taking over responsibility for the rate setting following a previous price-fixing scandal.

  • January 16, 2019

    J&J Renews Bid To End Antitrust Suit From Walgreens, Kroger

    Johnson & Johnson told a Pennsylvania federal judge Tuesday that Walgreens and Kroger can't bring antitrust claims against it for allegedly inflating prices and suppressing competition for its drug Remicade, reiterating its argument that the retailers didn't directly purchase the drug from J&J.

  • January 16, 2019

    FCC Conditions On Charter Merger Were Illegal, DC Circ. Told

    The Federal Communications Commission overstepped its bounds by placing conditions on Charter’s merger with Time Warner Cable and Bright House Networks that were unrelated to the transaction, a libertarian think tank has told the D.C. Circuit.

  • January 16, 2019

    EU Top Court Reverses Watchdog's Block Of UPS-TNT Merger

    Europe's highest court on Wednesday upheld a lower court order annulling the European Commission's decision to block United Parcel Service Inc.'s failed $6.8 billion merger with Dutch delivery service TNT Express NV.

  • January 16, 2019

    Dairy Makers Get Tolling Args Tossed From Milk Price Suit

    A Florida federal judge handed a win to Land O'Lakes and other dairy makers in a suit brought by a pair of grocery chains alleging the dairies drove up the price of milk, saying that the statute of limitations should not be paused.

  • January 16, 2019

    EU Veto Of Siemens-Alstom Deal Would Be A Mistake: France

    France's official government spokesperson told reporters Wednesday that the European Commission would be making an economic and political misstep if it blocked Siemens AG and Alstom SA's high-speed railway tie-up.

  • January 16, 2019

    Keep Antitrust Suit Against Caterpillar, Equipment Co. Says

    International Construction Products LLC urged a Delaware federal court Tuesday not to toss its suit accusing Caterpillar Inc. and other manufacturers of keeping it out of the construction equipment market, saying it provided the court with enough evidence of antitrust violations.

  • January 16, 2019

    1st Circ. Says Pharmacy Exec Can Bring FCA Retaliation Suit

    In a split decision that partially vacated a district court ruling, a First Circuit panel has said the former president of pharmacy chain Shields Health Solutions can bring a retaliation claim against the company under the False Claims Act after he was allegedly fired for accusing his employer of paying illegal kickbacks to a consultant.

  • January 16, 2019

    Ex-Barclays Traders 'Tainted' Euribor Rates, Court Told

    Three former Barclays PLC traders were part of a conspiracy to cheat the financial system that “tainted” the integrity of a key interest rate benchmark used to price trillions of dollars of financial products, prosecutors told a London jury on Wednesday.

  • January 16, 2019

    Competition Watchdog Reveals Scope Of PayPal Merger Probe

    Britain’s antitrust watchdog has set out the questions it will consider as it decides whether PayPal’s $2.2 billion takeover of a Swedish competitor could weaken competition in the U.K., as it called for evidence on the merger from businesses in the sector.

  • January 16, 2019

    UK's May Survives No-Confidence Vote After Brexit Defeat

    British Prime Minister Theresa May narrowly survived a vote of no confidence brought by the opposition Labour Party on Wednesday, a day after lawmakers overwhelmingly rejected her proposed deal to leave the European Union.

  • January 15, 2019

    Prof Calls Qualcomm Royalties 'Naked Tax,' Invokes Microsoft

    A University of California, Berkeley economics professor testified for the Federal Trade Commission on Tuesday that Qualcomm's standard-essential patent royalties serve as a competition-killing "naked tax" on its modem chips, comparing the practice to software bundling that got Microsoft in trouble with the feds 20 years ago.

  • January 15, 2019

    Barr Pledges Independence In Oversight Of Mueller Probe

    President Donald Trump's nominee for attorney general pledged at his Senate confirmation hearing Tuesday that he would allow Special Counsel Robert Mueller's investigation into Russian interference in the 2016 presidential election to keep running independently.

  • January 15, 2019

    Barnes & Thornburg Adds 3 Partners To Dallas Office

    Barnes & Thornburg LLP has announced the addition of three new partners to its Dallas office, allowing the firm to continue strengthening its corporate litigation, intellectual property, and labor and employment practices.

  • January 15, 2019

    Antitrust Bar Worries UK Merger Discovery Too Burdensome

    New document request guidelines for United Kingdom merger reviews have raised a host of concerns for the antitrust bar, according to comments made public Tuesday.

  • January 15, 2019

    4th Circ. Hands Saveri Firm Win In $1.2M Legal Fees Battle

    Former Lieff Cabraser Heimann & Bernstein LLP attorney Joseph Saveri's firm doesn't have to pay another plaintiffs firm a $1.2 million referral fee out of his score from settlements in titanium dioxide price-fixing litigation, the Fourth Circuit ruled Monday, finding he'd never agreed to shell out the sum.

  • January 15, 2019

    Ericsson Fights HTC's Bid To Delay Trial Over Patent Royalties

    Ericsson has urged a Texas federal court not to delay a trial scheduled for next month on HTC Corp.'s accusation that Ericsson overcharges for royalties on cellular and wireless standard-essential patents, arguing there's no need to wait until after an arbitrator decides if some issues should be arbitrated.

  • January 15, 2019

    CFIUS Backlog Will Only Worsen As Shutdown Carries On

    The Committee on Foreign Investment in the United States is facing a growing backlog of deals to review for national security risks as the government remains shut down, creating a scenario that could significantly delay inbound acquirers’ ability to seal transactions.

Expert Analysis

  • CFIUS During The Shutdown: What It Means For Deals

    Michael Leiter

    With no clear end in sight to the government shutdown — including the shutdown of a majority of the Committee on Foreign Investment in the United States — global companies, strategic investors and their outside counsel must carefully consider the ongoing impact on deals at all stages, say attorneys at Skadden Arps Slate Meagher & Flom LLP.

  • A Closer Look At CFTC's Loss In Market Manipulation Case

    Michael Brooks

    While the New York federal court's decision in U.S. Commodity Futures Trading Commission v. Wilson may embolden defendants in CFTC and Federal Energy Regulatory Commission enforcement matters, the circumstances surrounding it should continue to serve as a caution to market participants, say Michael Brooks and Robert Pease of Bracewell LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Rebuttal

    Door Maker Case Is A Boon To Private Antitrust Litigants

    Jamie Miller

    A recent Law360 guest article argued that the Virginia federal court's decision in Steves and Sons v. Jeld-Wen casts doubt on the value of pre-merger clearance. But the ruling raises a much more important issue — a private plaintiff had to do what the U.S. Department of Justice wouldn’t, says Jamie Miller of the Alioto Law Firm.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Trends Suggest Cartel Enforcers Face Headwinds In 2019

    John Terzaken

    Judged purely by enforcement statistics, 2018 was a down year for cartel enforcement. But authorities are training their sights on new sectors, theories and targets, and considering additional ways to further sharpen their enforcement stick and sweeten the leniency pot, say John Terzaken and Elizabeth French of Simpson Thacher & Bartlett LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.