Competition

  • August 20, 2019

    DOJ Calls Sabre's Bluff, Challenges $360M Farelogix Merger

    The U.S. Department of Justice filed suit in a Delaware federal court Tuesday to block Sabre's planned $360 million acquisition of its "disruptive" airline booking technology competitor Farelogix, a move that comes just days after Sabre all but dared the DOJ to challenge the merger.

  • August 20, 2019

    UK Issued Timely Notice On Saudi-Linked News Deals: Court

    The U.K.'s Competition Appeal Tribunal has ruled that a government official timely issued a public interest notice over a Saudi Arabia state-linked deal to buy large stakes in the Evening Standard and the digital successor to The Independent.

  • August 20, 2019

    Canada Settles Challenge To PE Firm's Software Buy

    Canada’s competition enforcer on Tuesday dropped its challenge of Thoma Bravo LLC’s recent purchase of oil and gas software provider Aucerna, after the private equity firm agreed to sell another portfolio company’s competing product.

  • August 20, 2019

    Qualcomm Can't Put 'Blinders' On 9th Circ., Cell Buyers Say

    Consumers blasted Qualcomm on Monday for trying to limit the Ninth Circuit's gaze in the chipmaker's class certification appeal, urging the court again to recognize the Federal Trade Commission's antitrust win over the tech giant and their efforts to notify a class of 250 million U.S. phone buyers.

  • August 20, 2019

    Bankruptcy Tech Co. Owner Looks To Duck Antitrust Suit

    The owner of a bankruptcy software provider urged a New Jersey federal court Monday to toss a suit accusing it of maintaining a conspiracy to inflate fees charged in Chapter 7 bankruptcy cases, saying the issue has already been litigated.

  • August 20, 2019

    EU Approves €60M In Aid For Austrian Broadband Build-Out

    The European Commission approved €60 million ($66.6 million) in state aid to go toward building high-speed internet in a mountainous, rural swath of Austria, it announced Tuesday.

  • August 20, 2019

    Pfizer Says It Shouldn't Be Included In EpiPen Class Cert. Bid

    Pfizer is fighting to keep a Kansas federal judge from certifying five classes of consumers who say the pharmaceutical giant had a hand in delaying the entry of a generic version of the EpiPen as the price of the branded emergency allergy treatment continued to skyrocket.

  • August 19, 2019

    Mushroom Antitrust MDL Deals Totaling $34M Get Initial OK

    A Pennsylvania federal judge on Monday preliminarily approved settlements totaling $33.7 million that would resolve decade-old claims in multidistrict litigation that dozens of farms fixed the price of mushrooms sold to grocery stores, finding that the settlement amounts are “within the range of fairness.”

  • August 19, 2019

    WGA Takes Antitrust War With Talent Agencies Federal

    The Writers Guild of America will wage its legal battle against several major talent agencies in federal court, dropping a state-level suit and filing counterclaims on Monday in federal suits brought by the talent shops over the contested practice of agents collecting payments from pairing TV writers with studios.

  • August 19, 2019

    Husch Blackwell Boosts Phoenix Office With Lewis Roca Team

    Husch Blackwell has beefed up its Phoenix office with a four-attorney team specializing in complex commercial litigation that signed on from Lewis Roca.

  • August 19, 2019

    Doormaker's Trade Secret Claims Shut Out By Antitrust Case

    Door part supplier Jeld-Wen can't bring trade secret claims against a rival in Texas state court, a Virginia federal judge has ruled, finding the allegations have already been hashed out in his own court amid the drawn-out antitrust battle waged by Jeld-Wen's competitor.

  • August 19, 2019

    Sprint Distributor's Fraud, Contract Case Sent To Arbitration

    A former Sprint distributor will have to hash out its multimillion-dollar fraud, contract and defamation claims against the telecom giant in arbitration, after a D.C. federal judge on Monday rejected the retailer’s claims that Sprint bullied it into inking a one-sided dispute resolution agreement.

  • August 19, 2019

    4 Drug Cos. Strike $1.5M Deal In Namenda Pay-For-Delay Suit

    Four generic-drug makers have agreed to pay a combined $1.54 million to settle allegations that they struck anticompetitive deals with an Actavis unit to keep a generic version of the Alzheimer’s drug Namenda off the market.

  • August 19, 2019

    Cheese, Butter Buyers Fight Bid To Nix Antitrust Classes

    Buyers of cheese and butter accusing milk producers of orchestrating a price-fixing scheme through a now-canceled program to slaughter dairy cows urged an Illinois federal court Friday not to nix a pair of classes certified in 2017.

  • August 19, 2019

    IQVIA Says 'Duplicative' Antitrust Claims Belong In NJ

    Pharmaceutical information technology company Veeva Systems is pursuing antitrust claims on the wrong side of the country, life sciences data giant IQVIA told a California federal court last week, arguing that Veeva's new allegations over withheld data access are "virtually identical" to accusations already percolating in New Jersey.

  • August 19, 2019

    Cox’s CDK Auto Data Deal Off-Limits In Antitrust Row

    The confidentiality of the settlement between CDK Global and Cox Automotive outweighs any potential value its terms might have in sprawling antitrust litigation where car dealers continue to say CDK and a rival monopolized the market for crucial auto dealer data, an Illinois federal judge ruled Friday.   

  • August 19, 2019

    Chemical Cos. Defend $625M Merger Against FTC

    Evonik Industries AG hit back against the Federal Trade Commission’s bid to block its $625 million purchase of PeroxyChem Holding Co. on Friday, telling a D.C. district court that the agency’s allegations about the hydrogen peroxide market are not based in reality.

  • August 19, 2019

    NCAA Asks 9th Circ. To Undo Student-Athletes' Win

    The NCAA urged the Ninth Circuit Friday to reverse a lower court decision lifting restrictions on what colleges can pay their players, arguing that the ruling would eliminate the distinction between college and professional sports.

  • August 19, 2019

    Axinn Nabs DOJ Antitrust Veteran From Alston & Bird

    Axinn Veltrop & Harkrider LLP has hired an Alston & Bird LLP partner and former top official in the U.S. Department of Justice's Antitrust Division to join the firm's antitrust practice in Washington, Axinn announced Monday.

  • August 19, 2019

    Attys Win $29M Fees In Samsung, Sony Battery Settlement

    A California federal judge approved $29 million in attorney fees Friday as part of a $113 million final settlement that resolves claims that Samsung, Sony and others fixed lithium-ion battery prices.

  • August 19, 2019

    CFTC Fights Kraft's Sanctions Bid Over $16M Wheat Suit Deal

    Any problem Kraft Group Foods Inc. has with the U.S. Commodity Futures Trading Commission's announcement of a $16 million settlement of a wheat price manipulation suit should be taken up with the company's own lawyers, the agency told an Illinois federal court over the weekend.

  • August 19, 2019

    UK Probes Mitsubishi's £6.3B Bid For Aviation Finance Arm

    Britain’s antitrust watchdog on Monday began investigating Mitsubishi UFJ Financial Group's planned £6.3 billion ($7.6 billion) deal for a unit of Germany’s DVB Bank, citing worries that the takeover might hinder competition for aviation financing.

  • August 16, 2019

    Kraft Says CFTC Press Release Broke $16M Wheat Suit Deal

    Kraft Foods Group Inc. and Mondelez Global LLC urged an Illinois federal judge Friday to impose sanctions against the U.S. Commodity Futures Trading Commission, arguing that the agency violated their $16 million deal in a wheat price manipulation suit by making public statements about the deal.

  • August 16, 2019

    Dental Startup Settles Boycott Claims Against Distributor

    Online supplier SourceOne Dental Inc. told a New York federal court Friday that it had settled its boycott claims against Patterson Companies Inc., but said it was pressing ahead with claims against another distributor, Benco Dental Supply Co.

  • August 16, 2019

    Truck Heater Price-Fixing Deal Gets Judge's Recommendation

    A New York federal judge has recommended approving settlements totaling about $23 million between two groups of customers and two manufacturers of portable truck heaters after the companies were accused of teaming up to fix prices.

Expert Analysis

  • CFTC's Silence Stings In Wheat Futures Manipulation Case

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    The U.S. Commodity Futures Trading Commission v. Kraft and Mondelez case was expected to clarify new standards for prosecuting market manipulation, but instead ended in a settlement that failed to provide any guidance or context, and even barred the CFTC from publicly commenting on the case, says Braden Perry at Kennyhertz Perry.

  • 3 Tech Competition Concerns In The EU And Australia

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    Recent cases involving major technology companies and their acquisition of smaller firms have called international attention to the adequacy of competition policy frameworks, and recent proposals in Europe and Australia reveal the onset of an interventionist approach from regulators, say analysts at Cornerstone Research.

  • A Robust Federal Consumer Protection Law May Be Ahead

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    The U.S. Department of Justice, the Federal Trade Commission and the Consumer Financial Protection Bureau all recently announced pushes into data privacy and security through consumer protection enforcement, suggesting that they could be developing the foundation for a new U.S. federal privacy statute, say Brad Elbein and Linda Priebe of Culhane Meadows.

  • ADP Cases Show Pitfalls Of One-Size-Fits-All Noncompetes

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    A New Jersey appellate court's recent opinion in six noncompete cases filed by ADP illustrates the challenges in adopting a successful multijurisdictional restrictive covenant program, but employers can avoid many of these problems with careful planning, say Henry Perlowski and Edward Cadagin at Arnall Golden.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • New Compliance Steps For Filing Drug Co. Settlements

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    Starting this summer, settlements between innovators and generics submitted to the Federal Trade Commission and U.S. Department of Justice under the Medicare Prescription Drug, Improvement and Modernization Act must be filed online, and other new filing requirements are quite broad, say Melanie Rupert and Alexander Plushanski of Paul Hastings.

  • TM Case At The Intersection Of Antitrust And Design Law

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    The recent Texas federal court case Tricon Precast v. Easi-Set involves a potential use of antitrust law that is highly unusual and may be unprecedented: arguing, via the statutory defense against claims of trademark infringement, that use of an industrial design trade dress violates U.S. antitrust laws, says Rick Sanders of Aaron Sanders. 

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • DOJ Enforcement Insights From Poultry Price-Fixing Case

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    The U.S. Department of Justice recently stayed the discovery process in the broiler chicken antitrust litigation in order to pursue a criminal investigation over the next six months. The potential crackdown on U.S. poultry companies demonstrates changing DOJ antitrust enforcement priorities, says Bill Dillon of Taylor English.

  • Durational Disconnect Between Cartel Pleas And Class Certs.

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    Three key takeaways emerge from comparing class settlement time periods with related plea agreement time periods for the companies assessed the 40 largest fines by the U.S. Department of Justice for Sherman Act violations dating from 2005 to the present, says Jon Tomlin of Ankura Consulting.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

  • Unprecedented Agency Divergence On Antitrust Enforcement

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    Recent clashes between the Federal Trade Commission and the U.S. Department of Justice — in the Qualcomm antitrust case, for example — raise serious questions of fairness, efficiency and good government, says Gregory Luib of Dechert.

  • Series

    Judging A Book: Castillo Reviews 'Raising The Bar'

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    A timely new book, “Raising the Bar: Diversifying Big Law," is one of the first honest assessments of the challenging battleground for people of color at large law firms, and I hope that firm management committee members read it, says U.S. District Judge Rubén Castillo of the Northern District of Illinois.