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Competition

  • December 14, 2018

    Comcast Wants 7th Circ. To Pull Plug On Ad Sales Appeal

    Comcast Corp. has urged the Seventh Circuit not to revive a $75 million suit alleging the company illegally monopolized the market for local television advertising, arguing that it’s only being accused of choosing not to deal with a competitor, which it said is not illegal, according to a redacted brief filed Friday.

  • December 14, 2018

    EpiPen MDL Attys Scolded For 'Mindless Bickering'

    A Kansas federal judge on Friday dressed down attorneys in multidistrict litigation over EpiPen price hikes for engaging in “mindless bickering” during a high-stakes deposition of Mylan NV’s chief executive officer.

  • December 14, 2018

    Gray, Raycom Must Divest TV Stations Before $3B Merger

    The U.S. Department of Justice announced Friday that it will require Gray Television Inc. and Raycom Media Inc. to divest broadcast television stations in nine markets as a condition of resolving its challenge to the proposed $3.65 billion merger between the media companies.

  • December 14, 2018

    ‘No Need’ To Delay CVS-Aetna Merger, DOJ Says After Rebuke

    The U.S. Department of Justice urged a D.C. federal judge Friday not to keep CVS and Aetna apart while reviewing a proposed merger settlement the judge had blasted as having been pushed through without adequate judicial scrutiny, arguing that a delay is unnecessary and beyond the court’s authority.

  • December 14, 2018

    The Biggest Telecom Cases Of 2018

    2018 was an action-packed year for telecom-related litigation that included a closely watched appeal of the government's rollback of net neutrality, fallout over the failed Sinclair-Tribune megamerger and a contentious trial over AT&T’s bid to acquire Time Warner. Here, Law360 reviews those and other high-profile cases from the past 12 months and outlines what they mean for the telecom industry’s legal landscape.

  • December 14, 2018

    Furniture Retailer’s Antitrust Claim Taken Off The Table

    A Nevada federal judge has tossed a furniture sales outlet’s bid to bring an antitrust claim against a manufacturer accused of breaking its contract by selling merchandise at cheaper prices through Wayfair.

  • December 14, 2018

    Nexstar Settles With DOJ Over Broadcaster's Info Sharing

    Nexstar Media Group has reached a settlement to end claims that the company was colluding with other television station owners to share private sales information in order to gain an edge on the competition, the U.S. Department of Justice said Friday.

  • December 14, 2018

    Sanofi Fires Back Against Mylan In Its Bid To Exit EpiPen MDL

    Sanofi-Aventis US LLC told a Kansas federal court Friday that Mylan Inc. missed the mark when pointing to overlaps between Sanofi’s case accusing the EpiPen maker of employing anti-competitive tactics and suits from consumers over prices of the drug, arguing there’s enough difference to warrant transferring its case out of multidistrict litigation.

  • December 14, 2018

    Door Makers Hit With Another Price-Fixing Suit

    Door maker Jeld-Wen Inc.’s legal woes have expanded further with a new proposed antitrust class action against the company and its peer filed in Virginia federal court, this time from indirect door purchasers alleging a price-fixing conspiracy that forced higher prices on buyers.

  • December 14, 2018

    Freshfields Lures Antitrust Veteran From DOJ

    An antitrust litigator who served the U.S. Department of Justice under three presidents has landed at Freshfields Bruckhaus Deringer US LLP as a partner.

  • December 14, 2018

    The Biggest Transportation Rulings Of 2018

    The transportation industry saw some major court decisions in 2018, with freight railroads losing a long-running appellate battle over Amtrak’s regulatory authority and Uber landing a Ninth Circuit win making it more difficult for drivers to pursue worker misclassification claims against it. Here, Law360 looks back at a few of the year’s biggest rulings affecting the transportation sector.

  • December 14, 2018

    EU Refuses To Reopen Brexit Deal, Putting Passage In Doubt

    The European Council has formally told the U.K. that its Brexit withdrawal agreement is not open to renegotiation even though a majority of British lawmakers rejected the package, increasing the odds of a no-deal departure from the bloc or a postponement.

  • December 13, 2018

    SAP Can't Duck Data Co.'s Copyright, Tying Claims

    A California federal judge has refused to toss a data analytics company's copyright infringement and antitrust claims against software maker SAP SE, but dismissed its trade secret claims for now.

  • December 13, 2018

    Cost Of Lengthy Cartel Appeal Not EU's Fault, Court Says

    The European Union's top court has overturned more than €800,000 in damages the bloc was ordered to pay to five companies for unreasonably delaying their antitrust appeals, finding that the EU wasn't responsible for the costs those companies incurred while they waited.

  • December 13, 2018

    Qualcomm Can't Block Huawei, LG Docs From Antitrust Case

    The Federal Trade Commission will be able to present written testimony from Huawei and LG Electronics Inc. in the upcoming California federal court trial over antitrust charges the Federal Trade Commission has brought against Qualcomm.

  • December 13, 2018

    Court Trims Deutsche Telekom Fine Over Broadband Shut-Out

    A European court on Thursday reduced a €69.9 million ($79.4 million) fine levied by the bloc's antitrust enforcer against Deutsche Telekom AG over allegations that its Slovak subsidiary attempted to shut competitors out of the broadband services market, but agreed that the activity was anticompetitive.

  • December 13, 2018

    Texas Court Sends Metals Co. Noncompete Row To Arbitration

    A Texas appellate court on Thursday held a trial court wrongly refused to send to arbitration a lawsuit brought by two former US Money Reserve Inc. employees who had asked a state district judge to declare their noncompete agreements invalid.

  • December 13, 2018

    Alstom, Siemens Offer EC A Remedy For Merger Deal To Pass

    Alstom and Siemens said Wednesday that they had submitted a proposal to the European Commission to address its concerns that their merger would would increase costs to manufacturers and raise fares for passengers.

  • December 13, 2018

    Direct Buyers Win Cert. In Lamictal Antitrust Suit

    Drug wholesalers who directly purchased GlaxoSmithKline PLC's epilepsy drug Lamictal or a generic version from Teva Pharmaceutical Industries Ltd. won certification Wednesday in their antitrust suit alleging a settlement agreement struck between the two drugmakers delayed generic options from entering the market.

  • December 13, 2018

    ITC Will Review Patent Dispute Between Apple, Qualcomm

    The U.S. International Trade Commission will weigh in on an intellectual property dispute between Apple Inc. and Qualcomm Inc. over sales of iPhones found to infringe a Qualcomm patent, agreeing on Wednesday to reconsider whether the telecom giant's asserted patent is obvious and whether an import ban against the iPhones would be appropriate.

Expert Analysis

  • How To Work With Regulators During Internal Investigations

    David Chaiken

    The recent courtroom battle over the admissibility of statements made by former Deutsche Bank traders shines a spotlight on a potentially recurring problem — excessive government entanglement in an internal investigation. Counsel conducting such investigations should take certain steps to minimize the risk, say attorneys with Troutman Sanders LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • What We Heard At The FTC Hearings: Day 14

    Barry Reingold

    The eighth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed concerns that stock holdings by institutional investors of noncontrolling interests in competing portfolio companies may have anti-competitive effects. Barry Reingold of Perkins Coie LLP offers some key takeaways.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Whistleblowers May Spur More Gov't Contract Antitrust Cases

    David Caputo

    The U.S. Department of Justice's $236 million settlement last month with three South Korean companies was the largest ever for anti-competitive conduct against the U.S. government. A whistleblower’s role as the catalyst for that bid-rigging investigation may be a sign of things to come, say David Caputo and Zachary Arbitman of Youman & Caputo LLC.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Opinion

    DOJ Speech May Leave SEP Implementers In Dire Straits

    cotter.jpg

    I suspect the true audience for the U.S. Department of Justice’s disavowal last week of a 2013 policy statement on standard-essential patents is not the courts but rather the U.S. International Trade Commission, whose discretion to pressure standard implementers to accept onerous licensing terms will be tested in the coming years, says University of Minnesota Law School professor Thomas Cotter.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.