Competition

  • November 12, 2019

    Merger Would Open Peroxide Market To Collusion, FTC Warns

    The Federal Trade Commission does not have to prove that a $625 million merger between two hydrogen peroxide manufacturers will result in clear-cut price-fixing, only that it makes such collusion more likely, an attorney for the agency said Tuesday as a trial over the agency's attempt to stop the deal kicked off.

  • November 12, 2019

    Saudi Aramco Discloses Climate, Terrorism Risks In IPO Filing

    State-owned oil giant Saudi Aramco said risks ranging from climate change to terrorism to political instability could affect its operations, part of wide-ranging disclosures the Saudi Arabian company released as it prepares for an expected December initial public offering.

  • November 08, 2019

    Law360 MVP Awards Go To Top Attorneys From 76 Firms

    The elite slate of attorneys chosen as Law360's 2019 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • November 08, 2019

    DOJ Wants To Close T-Mobile-Sprint Merger Review

    The U.S. Department of Justice moved for final judgment to clear its settlement allowing T-Mobile to buy Sprint, according to a motion filed Friday in D.C. federal court, just two days after the agency assailed concerns from critics of the deal over potential harm to consumers.

  • November 08, 2019

    Ga. City Says It Stopped Bundling Utilities, Wants Out Of Suit

    A Georgia city seeking dismissal of a suit accusing it of illegally tying its water and natural gas services together told a federal judge Tuesday that it scrapped the challenged ordinance after the Eleventh Circuit said it wasn't immune to antitrust claims.

  • November 08, 2019

    Florida Co. Says Crypto Holder Must Face Antitrust Claims

    A telecommunications company said a Cayman Islands-based cryptocurrency firm should have to face antitrust claims in Florida federal court, pushing back on the defendant's argument it doesn’t do business in the Sunshine State.

  • November 08, 2019

    EU High Court Pares Fine For One Firm In Recycling Cartel

    The European Court of Justice has cut in half the fine it imposed on one of three recycling companies punished for taking part in a cartel to fix prices for the purchase of car batteries from scrap dealers.  

  • November 08, 2019

    Dental Suppliers Pull Out Of Fight Against FTC Antitrust Order

    Dental suppliers Benco Dental and Patterson have opted not to contest a Federal Trade Commission in-house judge’s findings that they violated antitrust law by conspiring not to offer discounts to buying groups, the FTC said Friday, meaning the judge's decision will now become final.

  • November 08, 2019

    Beck Redden Digs Into Depositions To Win $176M For HP

    Beck Redden LLP attorneys narrowed down evidence prepared by another firm in order to win a $176 million verdict for HP Inc. in a complex case alleging optical disk drive supplier Quanta was part of an industrywide price-fixing scheme.

  • November 08, 2019

    FTC Asks 5th Circ. To Unpause La. Appraisers Case

    The Federal Trade Commission has asked the Fifth Circuit to reverse a ruling that paused the agency's in-house proceeding against the Louisiana Real Estate Appraisers Board, arguing the board is attempting to avoid the process set up by Congress to review enforcement actions.

  • November 08, 2019

    Baker Botts Lures Tech Litigator From Taylor & Patchen

    Baker Botts has hired a Taylor & Patchen LLP litigator with expertise in complex commercial and intellectual property disputes as a partner at its Palo Alto, California, office, the firm has announced.

  • November 08, 2019

    SunTrust, BB&T To Sell 30 Branches In DOJ Deal

    SunTrust and BB&T plan to divest 30 bank branches in North Carolina, Virginia and Georgia in order to secure a green light from the U.S. Department of Justice for their anticipated $28 billion merger of equals, according to a Friday announcement. 

  • November 07, 2019

    Chemical Cos. Fight FTC's Injunction Bid In Merger Challenge

    Two hydrogen peroxide manufacturers have urged a D.C. federal court to reject the Federal Trade Commission's effort to put the breaks on their $625 million tie-up, arguing that the agency misunderstands the market and ignored a proposed fix for the problems it had identified.

  • November 07, 2019

    Hollywood Agents Fight Guild's Bid To Duck Antitrust Suit

    Hollywood talent agencies urged a California federal court Wednesday not to toss their allegations that the union representing film and television writers is orchestrating an illegal boycott, arguing that the activity goes far beyond any labor exemptions to antitrust law.

  • November 07, 2019

    T-Mobile-Sprint Deal Critics 'Ignore Benefits,' DOJ Says

    The U.S. Department of Justice assailed critics of its deal clearing T-Mobile’s purchase of Sprint on Wednesday, telling a D.C. federal judge reviewing the settlement that adequate safeguards exist to ensure the combination doesn’t harm consumers.

  • November 07, 2019

    3 Firms Guide Nielsen Split Amid Activist Pressure

    Data analytics company Nielsen, advised by Wachtell, Baker McKenzie and Clifford Chance, detailed plans Thursday to spin off its global connect business, a move lauded by an activist hedge fund that had urged the company to weigh its options.

  • November 07, 2019

    FCC Asks 3rd Circ. To Review Panel's Hold On Media Rules

    A Third Circuit panel has prevented the Federal Communications Commission from moving forward with media ownership rules based on the modern industry landscape, the agency said Thursday in a request for a full circuit review of the FCC's regulatory attempts.

  • November 07, 2019

    China Tensions, Political Uncertainty To Muddle M&A Market

    The ongoing trade tensions with China and overall political uncertainty in the U.S. pose the greatest risks to mergers and acquisitions activity aside from concerns about the economy, prompting significantly more pessimism in the outlook for 2020 deal-making. 

  • November 06, 2019

    Mortgage Servicer Lobs Antitrust Claims At Software Provider

    PennyMac Loan Services LLC sued software provider Black Knight Inc. in California federal court Wednesday, accusing the company of stifling competition in the market for mortgage servicing software, a day after Black Knight sued for contract breach and misappropriation of trade secrets.

  • November 06, 2019

    No Class Cert. Redo For ADHD Drug Buyers In Antitrust Suit

    A Massachusetts federal judge refused Wednesday to reconsider her denial of class certification to consumers accusing pharmaceutical companies Actavis and Shire of illegally delaying the sale of a generic version of Shire's ADHD medication Intuniv, finding the buyers still undone by a large group of uninjured buyers.

  • November 06, 2019

    Unions, Economists Back Bid To Blow Up NCAA Pay Rules

    A liberal think tank, a federation of labor unions and a handful of economists have come out in favor of a Ninth Circuit appeal that could torpedo the NCAA's restrictive student-athlete pay caps, saying a lower court's refusal to do so relied on reasoning that sets a terrible precedent.

  • November 06, 2019

    FTC Orders Prosthetic Maker To Unwind Merger

    The Federal Trade Commission on Wednesday ordered leading prosthetic manufacturer Otto Bock to undo its acquisition of a rival in the market for microprocessor-driven knees, finding that the deal has already harmed competition.

  • November 06, 2019

    JPMorgan Spoofing Case Keeps Civil Suit On Ice

    Spurred by prosecutors’ intensifying criminal racketeering case against current and former JPMorgan traders accused of spoofing the precious metals market, a New York federal judge maintained a stay on consolidated antitrust lawsuits against the bank but would not guarantee that he'll keep the civil action frozen until the criminal proceeding wraps up.

  • November 06, 2019

    Hausfeld Ponders Rival Forex Rigging Class Action In UK

    Hausfeld LLP is considering whether to file a competing collective action suit in London accusing several banks of rigging the global foreign exchange market, setting up a potential tussle with Scott & Scott, the rival firm helming the existing British claim.

  • November 05, 2019

    Ex-Bumble Bee CEO's Attorney Rips Into Tearful Key Witness

    Defense counsel representing Bumble Bee Foods' former CEO Christopher Lischewski hammered one of his former lieutenants before a California federal jury Tuesday, asking the tearful witness whether he took a guilty plea and then lied about Lischewski's involvement in tuna industry price-fixing to avoid jail.

Expert Analysis

  • 3 Policy Developments To Watch As US-China Divide Grows

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    While trade negotiations between the U.S. and China resume Thursday, it is difficult to imagine a trade agreement in the near term that could blunt the momentum of larger strategic forces pushing the two countries apart, say attorneys at Kirkland.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Competing Refusal-To-Deal Tests At 7th, 9th Circs.

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    The Viamedia and Qualcomm antitrust cases in the Seventh and Ninth Circuits, in which the U.S. Department of Justice has taken positions regarding when a refusal to deal could be unlawful, may lead the U.S. Supreme Court to clarify the appropriate standard for refusal to deal claims, says Ryan Sandrock of Sidley.

  • Failure To Launch: The Patent Thicket Delay Of US Biosimilars

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    Almost 10 years after enactment of the Biologics Price Competition and Innovation Act, AbbVie’s assertion of 18 patents against three Humira biosimilars shows that patent thickets remain an obstacle to launching follow-on biologics and help explain why U.S. launches lag behind those in Europe, say attorneys at Axinn.

  • Digital Platforms Must Heed Japanese Antitrust Law Updates

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    The Japanese government has expedited discussions for new regulations and enforcement regarding digital platforms, bringing new possible risks and protections for U.S. platforms with users in Japan, says Takashi Komoguchi of Oh-Ebashi.

  • AdvoCare Deal Puts FTC's 13(b) Authority In Spotlight

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    The Federal Trade Commission's Oct. 2 settlement of pyramid scheme claims with AdvoCare will have far-reaching effects, both for those in the direct selling industry and for those following the ongoing debate over the agency's authority to prosecute FTC violations, say attorneys at Kelley Drye.

  • Merger Review Takeaways From New Hart-Scott-Rodino Data

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    The recently released Hart-Scott-Rodino annual report confirms that the issuance of a second request has a high correlation with the federal agencies' challenging a proposed transaction or the parties abandoning a transaction. Attorneys at Norton Rose analyze current as well as historical data and share strategies for parties to prepare for antitrust review.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • Opinion

    Answer To Iancu's SEP Policy Call Is In Plain Sight

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    The balanced and structured policy for patent licensing negotiations in standards organizations that U.S. Patent and Trademark Office Director Andrei Iancu recently called for is already satisfied by the 2013 joint statement on standard essential patent remedies by the USPTO and U.S. Department of Justice, says Michael Carrier of Rutgers Law School.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Huawei Case Might Mean UK Forum Sets Global FRAND Rates

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    The U.K. Supreme Court’s eventual opinion in Unwired Planet v. Huawei will decide whether English courts are a proper forum for determining global fair license terms for standard-essential patents, and there are several reasons to question the English courts' creation of this approach, says Thomas Cotter of the University of Minnesota Law School.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

  • German Facebook Case Divorces GDPR And Competition Law

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    The Düsseldorf appeals court's recent order in the Facebook case unwinds the German Federal Cartel Office's groundbreaking fusion of data protection law standards with competitive assessments and may have a signaling effect beyond German borders, say attorneys at Cleary.

  • Opinion

    True Wellness Requires A Deeper Look At Atty Profession

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    While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

  • Roundup

    Pursuing Wellness

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    In this Expert Analysis series, leaders at some of the law firms that committed to the American Bar Association's 2018 pledge to improve mental health and well-being in the legal industry explain how they put certain elements of the initiative into action.

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