Exploring whether funding is driving major business competition cases and how funders reap cash from these deals
By B. Colby Hamilton | July 17, 2017
The suits were filed by independent publishers in response to the Second Circuit's earlier ruling that Apple and five publishing companies, all of whom were party to the current suit, had conspired when they simultaneously switched from a wholesale business model to an agency pricing model, but the court agreed that neither company could attribute its demise to the unlawful conspiracy.
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By Sue Reisinger | July 17, 2017
A new report from Gibson, Dunn & Crutcher shows that NPAs and DPAs, as well as monitoring, are still popular tools for government prosecutors.
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By Shepard Goldfein and James Keyte | July 17, 2017
Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write: Just before the U.S. Supreme Court's most recent term expired, the justices set the stage for a potential test of the Trump administration's ideological vigor. By inviting Acting Solicitor General Jeffrey Wall's office to "file a brief ... expressing the views of the United States" regarding 'In re Vitamin C Antitrust Litigation,' the court has offered President Donald Trump and his government an opportunity to expound on one of the president's most popular talking points pre- and post-campaign—the issue of China's abuses of international trade.
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By Tom McParland | July 13, 2017
Waste Control Specialists and EnergySolutions Inc. engaged in a single-bidder sale process that boxed out other potential buyers and torpedoed the market-leading nuclear waste disposal companies' defense of a planned $367 million merger that was nixed last month on antitrust grounds, a Delaware judge said in a just-unsealed opinion.
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By Todd Cunningham | July 13, 2017
Fantasy sports site operator DraftKings on Wednesday enlisted power attorney David Boies as it and FanDuel, a rival site with which it had hoped to merge, battled to have a potential class action suit brought by players dismissed in federal court in Boston.
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By Todd Cunningham | July 13, 2017
DraftKings and FanDuel, operators of the two largest sites in the multibillion online fantasy sports industry, have abandoned their plans to merge in the face of pressure from the Federal Trade Commission.
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By Marc Siegel | July 13, 2017
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
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By C. Ryan Barber | July 12, 2017
After nearly four years as the Federal Trade Commission's top antitrust enforcer, Debbie Feinstein is returning in September to Arnold & Porter Kaye Scholer, where she will lead the global antitrust group, the firm said Wednesday.
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By Stephanie Forshee | July 11, 2017
The Retail Litigation Center is once again calling out American Express for its "anti-steering rules."
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By Todd Cunningham | July 11, 2017
U.S. newspaper publishers, who say they are chafing under the market power of Google and Facebook, are calling on Congress to allow them to negotiate collectively with the online giants. They want an antitrust exemption so they can compete more effectively with what they term a de facto "digital duopoly," which now dominates online advertising.
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