Antitrust

Exploring whether funding is driving major business competition cases and how funders reap cash from these deals

Litigation Daily |News

Plaintiffs Try Hail Mary Appeal in Antitrust Suit Over NFL's 'Sunday Ticket'

Amanda Bronstad | December 06, 2018

The U.S. Court of Appeals for the Ninth Circuit will hear oral arguments Friday over whether to revive antitrust claims against the National Football League Inc. over its “Sunday Ticket” subscription package.
The Recorder |News

Plaintiffs Make Hail Mary Appeal in Case Over NFL's 'Sunday Ticket'

Amanda Bronstad | December 06, 2018

The U.S. Court of Appeals for the Ninth Circuit will hear oral arguments Friday over whether to revive antitrust claims against the National Football League Inc. over its “Sunday Ticket” subscription package.
Litigation Daily |News

Foregoing Nomination to Court of Federal Claims, FTC's Ohlhausen to Join Baker Botts

Ryan Lovelace | December 06, 2018

Maureen Ohlhausen, who left her post as acting Federal Trade Commission chair in May, was a Trump administration nominee to join the Federal Claims Court.
National Law Journal |News

FTC's Ohlhausen to Join Baker Botts, Bypassing Judicial Nomination

Ryan Lovelace | December 06, 2018

Maureen Ohlhausen, who left her post as acting Federal Trade Commission chair in May, was a Trump administration nominee to join the Federal Claims Court.
Litigation Daily |News

DOJ's Push to Revive AT&T Case Hits Skeptical DC Circuit Panel

C. Ryan Barber | December 06, 2018

AT&T, represented by Sidley Austin partner Peter Keisler, defended the Washington trial judge's ruling and argued the Justice Department's case was based on flimsy economic modeling.
National Law Journal |News

Justice Department's Push to Revive AT&T Case Hits Skeptical DC Circuit Panel

C. Ryan Barber | December 06, 2018

AT&T, represented by Sidley Austin partner Peter Keisler, defended the Washington trial judge's ruling and argued the Justice Department's case was based on flimsy economic modeling.
Legal Week |Analysis

African Legal Awards 2018: Competition and Regulatory Team of the Year: ENSafrica

Legal Week | December 06, 2018

Full details of the Competition and Regulatory Team of the Year category at the African Legal Awards 2018
Litigation Daily |News

AT&T Argument Pits DOJ Antitrust Newcomer vs. Sidley's Star Appellate Vet

C. Ryan Barber | December 05, 2018

The U.S. Justice Department's advocate, Michael Murray, who recently joined the antitrust division, made his D.C. Circuit argument debut in September. He's going up against Peter Keisler, the Sidley Austin appellate veteran.
National Law Journal |News

AT&T Argument Pits DOJ Antitrust Newcomer vs. Big Law Appellate Vet

C. Ryan Barber | December 05, 2018

The U.S. Justice Department's advocate, Michael Murray, who recently joined the antitrust division, made his D.C. Circuit argument debut in September. He's going up against Peter Keisler, the Sidley Austin appellate veteran.
Legal Week |Expert Opinion

Panel processes and law firms: there is no such thing as a free secondee

Oliver Bretz | December 05, 2018

Are smaller law firms being treated unfairly by corporates looking for added extras from their advisers?
New Jersey Law Journal |News

$84M Settlement Approved in American Osteopathic Association Antitrust Class Action

Charles Toutant | December 04, 2018

The approval rejected an objection raised by attorneys general from five states, who argued it went against U.S. Supreme Court's guidance.
National Law Journal |News

CVS-Aetna Judge, Airing Concerns, Cautions Against Quickly Combining Operations

C. Ryan Barber | December 03, 2018

U.S. District Judge Richard Leon said it would be “more than reasonable” for CVS and Aetna to keep their businesses separate while he reviews the acquisition. Leon on Monday appointed a monitor in connection with the deal, whose completion was executed last week.
Litigation Daily |News

CVS-Aetna Judge Cautions Against Quickly Combining Operations

C. Ryan Barber | December 03, 2018

U.S. District Judge Richard Leon said it would be “more than reasonable” for CVS and Aetna to keep their businesses separate while he reviews the acquisition. Leon on Monday appointed a monitor in connection with the deal, whose completion was executed last week.
The Legal Intelligencer |Commentary

Price Hikes and Spikes and the Antitrust Laws

Carl W. Hittinger and Jeanne-Michele Mariani | November 30, 2018

Nearly four years ago, “Pharma bro” Martin Shkreli made headlines after his pharmaceutical company raised the price of the brand name drug Daraprim…
New York Law Journal |News

Seeking Rising Big Law Talent, Axinn Adds Simpson Thacher Lawyer to Partnership

Christine Simmons | November 29, 2018

A firm founder said Axinn's recruiting strategy includes taking lawyers from large law firms where it's increasingly difficult to make partner.
Litigation Daily |

DOJ Lawyer Faces Wrath of Judge Who's Still Weighing CVS-Aetna Deal

C. Ryan Barber | November 29, 2018

“You need to slow this down,” U.S. District Judge Richard Leon in Washington said Thursday. “You're like a freight train out of control.” CVS and Aetna announced the completion of their merger on Wednesday, following the US Justice Department's approval in October.
Connecticut Law Tribune |

Federal Judge Livid With Justice Lawyer Over CVS-Aetna Deal

C. Ryan Barber | November 29, 2018

“You need to slow this down,” U.S. District Judge Richard Leon in Washington said Thursday. “You're like a freight train out of control.” CVS and Aetna announced the completion of their merger on Wednesday, following the US Justice Department's approval in October.
National Law Journal |

Justice Dept. Lawyer Faces Wrath of Judge Who's Still Weighing CVS-Aetna Deal

C. Ryan Barber | November 29, 2018

“You need to slow this down,” U.S. District Judge Richard Leon in Washington said Thursday. “You're like a freight train out of control.” CVS and Aetna announced the completion of their merger on Wednesday, following the US Justice Department's approval in October.
New York Law Journal |Case Digests

In re: Interest Rate Swaps Antitrust Litigation

November 28, 2018

Document Sought To Be 'Clawed Back' Remained Confidential After Investigation Closed
Litigation Daily |News

Apple Searches for SCOTUS Win in iPhone App Store Antitrust Suit

Marcia Coyle | November 26, 2018

The U.S. Justice Department backed Apple at the high court, but the justices appeared poised to let consumers pursue claims over app purchases.
National Law Journal |News

'There's An App for That,' Sure, but Perhaps Not an Apple Victory at SCOTUS

Marcia Coyle | November 26, 2018

The U.S. Justice Department backed Apple at the high court, but the justices appeared poised to let consumers pursue claims over app purchases.
New Jersey Law Journal |Case Digests

In re Effexor Antitrust Litig.

November 20, 2018

Defendants moved for judgment on the pleadings on plaintiffs' complaint, alleging that defendants engaged in an anticompetitive scheme to prevent the generic version of the drug Effexor XR to enter the market.
The Recorder |Event

Baker Botts Adds Ex-Antitrust Prosecutor Huston From Sidley

Xiumei Dong | November 16, 2018

Latham, Sidley and DOJ alum Peter Huston said he wants to help Texas-based Baker Botts build out its antitrust practice on the West Coast.
New York Law Journal |Case Digests

Matter of Foreign Exchange Benchmark Rates Antitrust Litigation

November 15, 2018

Class Counsel Awarded Fee Representing 13 Percent of $2.31 Billion Settlement Fund
Delaware Business Court Insider |News

Federal Judge Approves $9M Settlement in Allergan 'Product-Hopping' Suit

Tom McParland | November 13, 2018

A federal judge in Delaware gave final approval Tuesday to a $9 million class-action settlement in Hartig Drug Co.'s antitrust suit against Allergan, after an appeals court in 2016 revived claims that Allergan had tried to suppress generic versions of its eye-care products.
Corporate Counsel |Analysis

When Done Isn't Actually Done

Barry A. Pupkin | November 12, 2018

Clearing a transaction through the Hart-Scott-Rodino antitrust review process does not always mean that the transaction is cleared from later antitrust attack by the government or from private parties.
New York Law Journal |Analysis

DOJ's Revamped Merger Review Process: A Little Bit of Give and Take

Shepard Goldfein and Karen Hoffman Lent | November 09, 2018

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent outline the DOJ's proposed plan to streamline the DOJ's merger review process and discuss their implications for merging parties and merger review at large.
International |News

Baker Botts Hires Senior Hogan Lovells Partner in Brussels; Ramps Up London Growth Plans

Rose Walker | November 08, 2018

Matthew Levitt, who spent 25 years at Hogan Lovells before making the move, specializes in antitrust law.
Corporate Counsel |Expert Opinion

In-House Counsel's Guide: 10 Common Mistakes When Dealing With DOJ Antitrust Criminal Prosecutors

Eric M. Meiring | November 07, 2018

With so many seemingly well-credentialed attorneys, it can be difficult for corporate counsel to determine who is the correct attorney for a particular representation, especially because no attorney is perfect and every representation presents new and unique challenges for even the most seasoned practitioner.
Legal Week |News

Linklaters, Slaughters and Travers partners among signatories as 1,500 lawyers call for new Brexit vote

Rose Walker | November 05, 2018

Lawyers from Norton Rose, Clydes and Quinn also throw support behind People's Vote
International |News

Linklaters, Slaughters and Travers Partners Among 1,500 Lawyers Calling for New Brexit Vote

Rose Walker | November 05, 2018

Lawyers from Norton Rose, Clydes and Quinn also throw support behind "People's Vote."
Legal Week |News

Top law firms and in-house teams called on to enter Middle East Legal Awards 2019

Legal Week | November 01, 2018

Prestigious awards to take place on 18 April at Ritz-Carlton in Dubai
The Legal Intelligencer |Case Digests

In re: Domestic Drywall Antitrust Litig.

October 30, 2018

Defendant not entitled to summary judgment on price fixing conspiracy claim where plaintiffs presented "plus factors" traditional evidence of a conspiracy to create triable issues of fact. Defendant's motion for summary judgment denied; plaintiffs' motion to strike granted in part and denied in part.
The Recorder |News

Qualcomm to Judge Curiel: Never Mind About Patent Infringement

Scott Graham | October 29, 2018

Accusing Apple of "trying to destroy our business," the chip giant seeks to avoid patent exhaustion ruling by granting covenant not to sue.
Legal Week |News

Line-up of US firms advise on largest-ever software deal as IBM makes $34bn acquisition

Andrew Messios | October 29, 2018

IBM's acquisition of open-source software company Red Hat is set to be the largest software acquisition ever made
The Legal Intelligencer |Commentary

Justice Kavanaugh's Antitrust Testimony Before the Senate Judiciary Committee

Carl W. Hittinger and Jeanne-Michele Mariani | October 26, 2018

As some presidents can attest, U.S. Supreme Court justices are more likely to change their judicial philosophies once appointed than any other nominee to the federal court system.
National Law Journal |

Thinking About a 'No-Poach' Agreement? What Employers Should Know

Erin Mulvaney | October 26, 2018

“There are more hard-line stances on noncompetes and no-hires are in the crosshairs,” says King & Spalding litigation partner Cheryl Sabnis in California. "Companies are having to rethink old models."
Daily Report Online |News

11th Circuit Considers Whether to Reinstate Auto Insurance Price-Fixing Claims

Greg Land | October 24, 2018

The en banc hearing comes after a split panel opted to reinstate the case after it was tossed for failure to state a claim.
New York Law Journal |Analysis

Volume of Commerce in Criminal Antitrust Cases

Evan T. Barr | October 23, 2018

Over the past few years, the Department of Justice Antitrust Division has increasingly focused its enforcement actions on industry-wide cartels and global market conspiracies where literally hundreds of millions (if not billions) of dollars in commerce may be at issue. The vast scale of these cases leads directly to the possibility of lengthy prison sentences and hefty fines, even absent any other aggravating factors. Unfortunately, those federal appellate courts that have interpreted the scope of volume of commerce do not fully agree on the proper methodology to calculate this crucial metric.
National Law Journal |Analysis

Defense Bar Gives 1st Circuit an 'A+' for Its Order on Uninjured Class Members

Amanda Bronstad | October 23, 2018

A significant opinion by the U.S. Court of Appeals for the First Circuit is expected to bolster the defense argument that judges shouldn't grant certification of class actions with uninjured class members. Judge William Kayatta wrote on Oct. 15 that a judge should not have granted certification of an antitrust class in which 10 percent of the class members had no injuries.
Corporate Counsel |News

DOJ Hooks a Big Fish: StarKist Guilty Plea Offers Some Takeaways for GCs

Sue Reisinger | October 19, 2018

The last of three companies involved, StarKist agreed to plead guilty to a felony charge of price fixing on canned tuna fish, according to documents filed with the U.S. District Court for the Northern District of California.
National Law Journal |News

Gibson Dunn Ends Saudi Arabia Lobbying Contract

C. Ryan Barber | October 18, 2018

The firm has declined to expand the scope of its lobbying to include meetings between Ted Olson, a former U.S. solicitor general under the George W. Bush administration, and members of Congress against legislation affecting oil-producing countries.
The Legal Intelligencer |

$15.5M Settlement OK'd in Comcast Set-Top Box Class Action

Max Mitchell | October 18, 2018

A Philadelphia federal district judge has granted preliminary approval of a $15.5 million class action settlement against the cable giant Comcast.
The Recorder |News

Qualcomm Asks 9th Circuit to Intervene in $5B Class Action

Scott Graham | October 17, 2018

The chip giant says Judge Lucy Koh erred in "process, reasoning and result" in certifying a class of some 250 million cellphone purchasers.
Litigation Daily |News

Axinn Launches San Francisco Office

Xiumei Dong | October 16, 2018

The IP and antitrust firm says it's moving closer to existing tech clients and planting a flag in "an epicenter in the U.S. for technology and scientific innovation."
The Recorder |News

East Coast Boutique Axinn Launches San Francisco Office

Xiumei Dong | October 16, 2018

The IP and antitrust firm says it's moving closer to existing tech clients and planting a flag in "an epicenter in the U.S. for technology and scientific innovation."
National Law Journal |News

DOJ Antitrust Attorney Claims Time Warner Lawyer Issued Threats in Merger Meeting

Zach Schlein | October 12, 2018

The threat claim leveled by the DOJ attorneys was contradicted, however, in a declaration from William Barr, a Time Warner board member who served in the 1990s as U.S. attorney general.
Litigation Daily |News

DOJ Antitrust Chief Claims Time Warner Lawyer Issued Threats in Merger Meeting

Zach Schlein | October 12, 2018

The threat claim leveled by the DOJ attorneys was contradicted, however, in a declaration from William Barr, a Time Warner board member who served in the 1990s as U.S. attorney general.
Litigation Daily |Q&A

Litigators of the Week: Opening a New Door in Private Antitrust Enforcement

Jenna Greene | October 12, 2018

No private merger challenge has gone to before a jury—until now. And no judge in such a private action has ordered a divestiture as a remedy to restore competition—until now.
Texas Lawyer |News

SureShot Whiffs at 5th Circuit in Antitrust Case Against Topgolf

John Council | October 11, 2018

SureShot, a Texas-based company formed in 2014, had hopes of competing with Topgolf by opening a golf-focused sports bar entertainment facilities.
Legal Week |News

Magic circle duo brought in by Big Four for CMA review of audit sector

Krishnan Nair | October 10, 2018

Hogan Lovells also advising as CMA launches post-Carillion review amid concerns over audit quality
The Legal Intelligencer |Case Digests

Teva Pharm. Indus., Inc. v. United Healthcare Serv., Inc.

October 09, 2018

The court concluded that defendant was bound by the memorandum of understanding, signed on its behalf in settlement of an antitrust action, because it cloaked its outside counsel with apparent authority to reach a settlement agreement and ratified the MOU by failing to repudiate it. Judgment for plaintiff.
New York Law Journal |Analysis

Midterm Congressional Legislative Wrap-up: Major Issues and Emerging Priorities

Shepard Goldfein and Karen Hoffman Lent | October 05, 2018

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent write: Political debates over the future of antitrust policy have become increasingly widespread over the past several months, but the 115th session of Congress will likely conclude without any major antitrust legislation being enacted.
Legal Week |News

Clifford Chance, CMS and DLA up for top honours at British Legal Awards

Legal Week | October 02, 2018

Fieldfisher, Macfarlanes, Travers and Eversheds complete Law Firm of the Year line-up
The Recorder |News

Koh Is All In on Certification of Qualcomm Antitrust Class

Scott Graham | September 30, 2018

The California district court judge found "substantial" and "compelling evidence" for certifying a class of as many as 240 million people and organizations that bought cellphones in the U.S. over the past seven years.
The American Lawyer |News

Latham Bulks Up Cartel Defense Group With Former DOJ Official

Scott Flaherty | September 27, 2018

Elizabeth Prewitt will bolster Latham's cross-border antitrust expertise, the firm said.
Litigation Daily |Commentary

Daily Dicta: When Antitrust Becomes a Political Weapon

Jenna Greene | September 24, 2018

Antitrust is about protecting competition and consumers. It's not supposed to be about policing speech.
Legaltech News |Analysis

EU's Amazon Probe Raises Questions About Data Practices as Basis for Antitrust Enforcement

Caroline Spiezio | September 24, 2018

The EU is examining whether Amazon's practices in connection with its third-party sales data could violate antitrust laws.
Corporate Counsel |News

EU's Move to Probe Amazon Raises New Questions About Data Practices as Basis for Antitrust Enforcement

Caroline Spiezio | September 24, 2018

The EU is examining whether Amazon's practices in connection with its third-party sales data could violate antitrust laws.
Litigation Daily |Q&A

Litigators of the Week: Kirkland Duo Win Big in a Case That 'Sends Chills Down Lawyers' Spines'

Jenna Greene | September 21, 2018

The fight between Teva and United Healthcare—which turned in large part on a he-said-she-said dispute with a client about authority to sign a settlement agreement—should scare every lawyer.
New Jersey Law Journal |News

Judge Rejects Bid to Dismiss Effexor 'Pay for Delay' Price-Fixing Suit

Charles Toutant | September 19, 2018

The ruling came in a suit filed on behalf of a putative class made up of labor unions, insurance companies and other indirect purchasers who say they are charged more for Effexor XR due to various anti-competitive tactics by Wyeth, which is a subsidiary of Pfizer, and Teva.
The Legal Intelligencer |News

Judge Enforces Disputed $125M Settlement Over Provigil

Max Mitchell | September 19, 2018

U.S. District Judge Mitchell Goldberg of the Eastern District of Pennsylvania ruled Wednesday that a 2015 memorandum of understanding between United HealthCare Services and three drug companies was binding.
The Recorder |News

Qualcomm Asks to Pull the Plug on Apple's San Diego Patent Claims

Scott Graham | September 18, 2018

The wireless giant has promised not to sue over the nine patents Apple identified. That moots all of the disputes over infringement, validity, FRAND royalties and patent exhaustion, Qualcomm says, leaving only contract and competition claims.
Litigation Daily |News

Visa, Mastercard Agree to Pay $6.2B to Settle Antitrust Class Action

Andrew Denney | September 18, 2018

Visa, Mastercard and a number of U.S. banks have reached an agreement to pay $6.2 billion to settle a long-running class action suit brought by millions of merchants over card swipe fees.
New York Law Journal |News

Visa, Mastercard Agree to Pay $6.2B to Merchants in Settlement of Antitrust Litigation

Andrew Denney | September 18, 2018

Visa, Mastercard and a number of U.S. banks have reached an agreement to pay $6.2 billion to settle a long-running class action suit brought by millions of merchants over card swipe fees.
The American Lawyer |News

The American Lawyer's Global Legal Awards Finalists

Ben Seal | September 18, 2018

For the sixth year in a row, we're honoring excellence in global work in four categories: pro bono, finance, mergers and acquisitions, and dispute resolution.
New York Law Journal |Expert Opinion

State Attorneys General and Their Influence on Merger Enforcement

Shepard Goldfein and Karen Hoffman Lent | September 12, 2018

Although the Department of Justice (DOJ) and the Federal Trade Commission (FTC) are the principal merger enforcers in this country, state attorneys general (state AGs) can, and often do, play a major role in merger review as well.
National Law Journal |News

Gibson Dunn's Ted Olson Registers as Foreign Agent for Saudi Arabia

C. Ryan Barber | September 12, 2018

A three-lawyer Gibson Dunn team discloses their advocacy for Saudi Arabia under the Foreign Agents Registration Act.
Connecticut Law Tribune |Case Digests

In re Aggrenox Antitrust Litigation

August 27, 2018

Court Finalizes Settlement of Class Action
New York Law Journal |Case Digests

Angiodynamics Inc. v. C.R. Bard Inc.

August 22, 2018

Plaintiff Sufficiently Pleads Coercion, Separate Products, and Anticompetitive Effects
New Jersey Law Journal |Case Digests

In re Liquid Aluminum Sulfate Antitrust Litigation

August 22, 2018

Defendants moved to dismiss plaintiffs' Sherman Antitrust Act action to recover monetary damages and injunction relief against defendants for conspiring to suppress and eliminate competition in the sale and marketing of aluminum sulfate.
The Recorder |Case Digests

Sea Breeze Salt, Inc. v. Mitsubishi Corporation

August 17, 2018

Act of state doctrine barred lawsuit challenging Mexican government-owned salt producer's limitation of exports to single distributor
The Recorder |Case Digests

Dehoog v. Anheuser-Busch InBev, SA/NV

August 08, 2018

Anheuser-Busch's acquisition of multinational brewing company SABMiller did not violate section 7 of Sherman Act
The Recorder |Case Digests

Gold Medal, LLC v. USA Track & Field

August 07, 2018

Implied antitrust immunity applies to U.S. Olympic Committee restrictions on athlete sponsorships and advertising
The Recorder |Case Digests

Arandell Corp. v. CenterPoint Energy Services, Inc.

August 06, 2018

Subsidiary could be held liable for alleged unknowing participation in parent company's anticompetitive conduct
New York Law Journal |Case Digests

Matter of Commodity Exchange Inc., Gold Futures and Options Trading Litigation

July 31, 2018

UBS Dismissed From Gold Price Fixing Action; Direct Involvement in Suppression Lacking
The Recorder |Case Digests

Hicks v. PGA Tour, Inc.

July 30, 2018

Golf caddies' agreement to wear bibs containing sponsor advertising forfeited claims against tour organizer
The Recorder |Case Digests

Ohio v. American Express Company

June 25, 2018

"Antisteering" provisions in credit card merchant contracts do not violate federal antitrust law
The Recorder |Case Digests

Animal Science Products, Inc., v. Hebei Welcome Pharmaceutical Co. Ltd.

June 14, 2018

Federal court determining foreign law under Rule 44.1 not bound to accord conclusive effect to foreign government's statements
Connecticut Law Tribune |Case Digests

Connecticut Ironworkers Employers' Association v. New England Regional Council of Carpenters

June 04, 2018

Ironworkers Claiming Sherman Act Violation Fail to Show Adverse Effect on Competition
Connecticut Law Tribune |Case Digests

Antech Diagnostics Inc. v. Veterinary Oncology and Hematology Ctr. LLC

June 04, 2018

No Attorney-Client Privilege Where Financial Advisors Are Unnecessarily Included in Communications
The Legal Intelligencer |Case Digests

Cable Line, Inc. v. Comcast Cable Communications of Pa., Inc. et al

May 29, 2018

Plaintiffs failed to sufficiently allege any antitrust injury where they claimed defendants' conduct resulted in injury flowing from the loss of a single client but did not assert any decline in competition in the overall cable installation market. The court granted defendants' motion to dismiss plaintiffs' second amended complaint.
The Recorder |Case Digests

Chamber of Commerce of the United States of America v. City of Seattle

May 14, 2018

Seattle ordinance authorizing collective bargaining for ride-for-hire drivers not exempt from preemption by Sherman Antitrust Act

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