Antitrust

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

Daily Business Review |News

Antitrust Lawsuit Against Miami and Ultra Music Festival Proceeds in Federal Court

Zach Schlein | February 13, 2019

U.S. District Judge Ursula Ungaro has set a preliminary hearing for March 22, only a week before the internationally recognized Ultra festival is set to take place.
Daily Business Review |Commentary

Ninth Circuit Snuffs Out $44M Save for Jacksonville Company Over Cigarillos

Jenna Greene | February 12, 2019

Jacksonville-based Swisher International walked out of trial court with the judge rejecting a $44 million jury award. The appellate decision was less palatable.
The Recorder |Commentary

Ninth Circuit Snuffs Out Gibson Dunn's $44M Save in Fight over Cigarillos

Jenna Greene | February 12, 2019

It's a reminder for appellate lawyers everywhere: No matter how aggressive or creative you are, you're still stuck with the lower court record.
The Legal Intelligencer |Case Digests

In re Rotavirus Vaccines Antitrust Litig.

February 12, 2019

Arbitration clause in contract between defendant pharmaceutical company and physician buying groups not binding upon plaintiff physician practices who were members of the PBGs, as plaintiffs were not party to the contract and had no principal/agent or third-party beneficiary status with the PBGs. Motion to dismiss denied.
Litigation Daily |Commentary

Daily Dicta: Ninth Circuit Snuffs Out Gibson Dunn's $44M Save in Fight over Cigarillos

Jenna Greene | February 11, 2019

It's a reminder for appellate lawyers everywhere: No matter how aggressive or creative you are, you're still stuck with the lower court record.
New York Law Journal |Analysis

Antitrust Division Increasingly Weighs In as Amicus Curiae

Karen Hoffman Lent and Kenneth Schwartz | February 08, 2019

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz take a look the DOJ's Antitrust Division's continued effort to ramp up its private litigation amicus program after it vowed to be more involved in antitrust enforcement over all.
Daily Business Review |

Federal Judge Rejects Lawsuit Against Miami and Ultra Music Festival

Zach Schlein | February 05, 2019

In an order to show cause issued late Tuesday Judge Ursula Ungaro said the complaint filed by Rapture Electronic Music Festival “fails on its face” to provide evidence of anti-competitive collusion between the city and world-famous festival.
Daily Business Review |

No Peace and Love: Miami Music Festival Organizers Clash in Federal Court

Zach Schlein | February 04, 2019

A complaint filed in the Southern District of Florida by Rapture Electronic Music Festival targets rival concert organizer, Ultra Enterprises Inc., as the groups gear to launch competing events on the same day and at the same venue.
Litigation Daily |Commentary

Daily Dicta: Sidley Wins Bull Semen Appeal (Yes, You Read That Right)

Jenna Greene | February 04, 2019

Of all things people file lawsuits over, this has got to be one of the all-time weirdest.
Litigation Daily |News

As Antitrust Class Actions Over 'No Poach' Employee Agreements Grow, DOJ Moves to Weigh In

Amanda Bronstad | January 31, 2019

The DOJ filed notices Jan. 25 in class actions against two railroad equipment suppliers and cases involving Arby's, Carl's Jr. and Auntie Anne's franchises.
Law.com |News

DOJ Steps Into Antitrust Class Actions Over 'No Poach' Employee Agreements

Amanda Bronstad | January 31, 2019

The DOJ filed notices Jan. 25 in class actions against two railroad equipment suppliers and cases involving Arby's, Carl's Jr. and Auntie Anne's franchises.
The Recorder |News

DOJ Steps Into Latest Batch of 'No Poach' Antitrust Class Actions

Amanda Bronstad | January 31, 2019

The DOJ has asked courts for permission to file statements of interest that appear to support the arguments of the defendants, not the employees pursuing class actions alleging agreements not to poach employees violate federal antitrust laws.
The American Lawyer |News

Lewis Brisbois Launches New Offices in Washington and St. Louis

Meghan Tribe | January 31, 2019

Antitrust partner Katherine Funk is joining from Crowell & Morning in the capital, while further defections from Atlanta's Hawkins Parnell & Young give the firm another Midwest outpost.
Corporate Counsel |Analysis

Converging Risks Defy Traditional Corporate Compliance Silos

Jo Ritcey-Donohue | January 31, 2019

Global companies face increasingly complex compliance challenges as risks related to imports, exports, economic sanctions, money laundering and cybersecurity evolve and converge.
The Recorder |News

Judge Leery of Weighing In on Qualcomm's Reasonableness in Apple Case

Scott Graham | January 28, 2019

The chip giant wants U.S. District Judge Gonzalo Curiel to declare that its cellphone patent licensing offer to Apple was fair and reasonable. But the judge suggested at a hearing Friday that would be premature.
The Legal Intelligencer |News

Pittsburgh-Based StarKist Agrees to $20.5M Accord With Walmart Over Tuna Price-Fixing Conspiracy

Sue Reisinger | January 28, 2019

“StarKist is pleased to resolve this matter with our valued customer, Walmart," StarKist vice president and general counsel Scott Meece said.
Corporate Counsel |News

StarKist Agrees to $20.5M Settlement With Walmart Over Canned Tuna Price-Fixing Conspiracy

Sue Reisinger | January 28, 2019

“StarKist is pleased to resolve this matter with our valued customer, Walmart," StarKist vice president and general counsel Scott Meece said.
The Legal Intelligencer |Commentary

Big, But Not Bad—Facebook Is Hardly a Predatory Monopolist

Carl W. Hittinger and Jeanne-Michele Mariani | January 25, 2019

While Facebook is arguably a big player in the social media realm, does that necessarily equate to branding it an illegal monopolist? The short answer is no as Facebook would need to be big and bad to flirt with an antitrust violation.
Litigation Daily |Commentary

Daily Dicta: When Experts Drop the Ball

Jenna Greene | January 24, 2019

A class action can have it all—thousands of potential members, a common grievance, solid lead plaintiffs, highly skilled counsel—and still fall apart if the expert witness can't deliver.
Delaware Business Court Insider |News

Caterpillar Asks US Judge to Toss Suit Alleging Antitrust Scheme

Tom McParland | January 23, 2019

In a brief filed Tuesday in Delaware federal court, lawyers for Caterpillar Inc. said the four-year-old suit from International Construction Products had failed to make any specific allegations linking the Illinois-based manufacturer of construction and mining machinery to an alleged plot to suppress competition and fix prices.
Texas Lawyer |News

Class Certification Denied in Case Alleging Plot to Suppress Nurses' Wages

Tom McParland | January 23, 2019

A Texas judge on Tuesday denied class certification in an antitrust lawsuit alleging that the three largest hospital operators in San Antonio had conspired…
New York Law Journal |Case Digests

Matter of American Express Anti-Steering Rules Antitrust Litigation

January 23, 2019

Amex Granted Summary Judgment on Claims of One-Sided Market, Amex-Only Markets
The American Lawyer |News

San Francisco's Saveri Wins Fight Over $54 Million Fee Award

Scott Flaherty | January 15, 2019

Joseph Saveri said a Fourth Circuit ruling leaves him "entirely vindicated" in a dispute over one of his firm's first big wins after he split from Lieff Cabraser in 2012.
The Recorder |News

Saveri Wins Fight Over $54 Million Fee Award in Antitrust Case

Scott Flaherty | January 15, 2019

Joseph Saveri said a Fourth Circuit ruling leaves him "entirely vindicated" in a dispute over one of his firm's first big wins after he split from Lieff Cabraser in 2012.
Litigation Daily |News

SF's Joseph Saveri Wins Fight Over $54 Million Fee Award in Antitrust Case

Scott Flaherty | January 15, 2019

Joseph Saveri said a Fourth Circuit ruling leaves him "entirely vindicated" in a dispute over one of his firm's first big wins after he split from Lieff Cabraser in 2012.
The American Lawyer |News

Law Firms Face 'Uncharted Waters' as Shutdown Grinds Some Practices to a Halt

Christine Simmons | January 11, 2019

Legal Industry first quarter financial results may see a dent as court appearances and deals fall prey to political gridlock.
New York Law Journal |News

Law Firms Face 'Uncharted Waters' as Shutdown Grinds Some Practices to a Halt

Christine Simmons | January 11, 2019

Meanwhile, many defense lawyers aren't hearing from their counterparts in the SEC's enforcement division. “Since the new year, those cases have been deadly quiet,” said Robert Anello, a partner at boutique Morvillo Abramowitz Grand Iason & Anello in New York.
Litigation Daily |News

As Shutdown Grinds Some Practices to a Halt, Law Firms Face 'Uncharted Waters'

Christine Simmons | January 11, 2019

Meanwhile, many defense lawyers aren't hearing from their counterparts in the SEC's enforcement division. “Since the new year, those cases have been deadly quiet,” said Robert Anello, a partner at boutique Morvillo Abramowitz Grand Iason & Anello in New York.
Corporate Counsel |Expert Opinion

In-House Lawyers Can Expect Even More Antitrust Scrutiny in 2019

Juan A. Arteaga | January 11, 2019

On the federal level, the U.S. Department of Justice (DOJ) prosecuted multiple companies for entering into naked “no-poach” agreements, where companies that compete for the same employees agree not to recruit or hire each other's employees.
Litigation Daily |Commentary

Daily Dicta: Boies Schiller Settles Au Pair Class Action for $65M

Jenna Greene | January 10, 2019

The settlement doesn't explicitly require au pairs to be paid at least $7.25 an hour. It just stipulates that the defendants must make it clear “that host families and au pairs are free to agree to compensation higher than the legally applicable minimum.”
Litigation Daily |News

Shout-Out: Winston and Cleary Lawyers Roll to Victory for Bearing Makers

Jenna Greene | January 10, 2019

It's the first decision on class cert in the sprawling Automotive Parts Antitrust Multidistrict Litigation, and is good omen for defendants in other pending cases.
International |News

Morrison & Foerster Nabs Longtime Latham Antitrust Partner in Tokyo

John Kang | January 10, 2019

Daiske Yoshida joins one of the largest international firms in Japan after two decades at Latham & Watkins.
Litigation Daily |News

Gibson Dunn Steps In for Uber, Asks Court to Boot Quinn From Repping Sidecar

Ross Todd | January 08, 2019

"Quinn Emanuel has appeared as counsel of record for Uber in approximately 20 lawsuits, in federal and state courts across the country, and has provided counseling to Uber on a broad array of legal matters—including unfair competition (specifically as it relates to pricing) and antitrust," wrote Gibson Dunn lawyers.
The Recorder |News

Gibson Dunn Steps In for Uber, Asks to Boot Quinn From Repping Sidecar

Ross Todd | January 08, 2019

"Quinn Emanuel has appeared as counsel of record for Uber in approximately 20 lawsuits, in federal and state courts across the country, and has provided counseling to Uber on a broad array of legal matters—including unfair competition (specifically as it relates to pricing) and antitrust," wrote Gibson Dunn lawyers.
Litigation Daily |Commentary

Daily Dicta: Judge Tosses Suit Against No-Tip Restaurants

Jenna Greene | January 08, 2019

Sometimes the real mystery isn't which side will win a lawsuit, but on what grounds. Failure to state a claim? Lack of personal jurisdiction? Improper venue? Failure to effect service? Or just general stupidity?
National Law Journal |News

Kavanaugh's First Opinion Is Unanimous Win for Arbitration

Tony Mauro | January 08, 2019

The decision, a win for Williams & Connolly's Kannon Shanmugam, came in the first of three arbitration cases before the Supreme Court this term.
Litigation Daily |News

Kavanaugh's First SCOTUS Opinion Is Unanimous Win for Arbitration

Tony Mauro | January 08, 2019

The decision, a win for Williams & Connolly's Kannon Shanmugam, came in the first of three arbitration cases before the Supreme Court this term.
New York Law Journal |Analysis

Antitrust Yearly Wrap-Up: Active on All Fronts

Karen Hoffman Lent and Kenneth Schwartz | January 07, 2019

Antitrust Trade and Practice columnists Karen Hoffman Lent and Kenneth Schwartz write: Matching expectations, 2018 was an active year filled with contentious merger reviews, increased civil/criminal enforcement actions, and pivotal policy shifts. Here's what to remember about 2018 and what to expect in 2019.
The Legal Intelligencer |Commentary

Courts Validate Arbitration Agreements, But Ways to Avoid Forced Arbitration Still Exist

Robert Pratter and Silvio Trentalange | January 07, 2019

Although the U.S. Supreme Court is apt to apply the century-old Federal Arbitration Act to require forced arbitration, lawyers and the courts, legislatures, and social movement campaigns are avenues employees and consumers can take to get their disputes into court.
The American Lawyer |News

Akin Gump Cited for Litigating Virgin Islands Case Without Bar Admission

Scott Flaherty | January 04, 2019

With a ruling that stemmed from an underlying antitrust lawsuit, the U.S. Virgin Islands Supreme Court found that Akin Gump's lawyers failed to follow the rules required to represent a company in the territory's courts.
The Recorder |News

6 Things to Think About as Curtain Raises on FTC Qualcomm Antitrust Trial

Scott Graham | January 03, 2019

The stakes are incredibly high as the Federal Trade Commission launches its case Friday, the first of three scheduled trials this year over the chip giant's licensing practices.
New York Law Journal |

What 11 Ex-Big Law Partners' Financial Disclosures Revealed in 2018

Mike Scarcella | December 28, 2018

Geoffrey Berman, the U.S. attorney for SDNY, reported earning about $3.5 million in salary and bonus last year at Greenberg Traurig. Marc Berger, director of the SEC's New York office, earned a partnership share of $2.4 million last year from Ropes & Gray.
National Law Journal |

What 11 Ex-Big Law Partners' Financial Disclosures Revealed in 2018

C. Ryan Barber | Mike Scarcella | December 28, 2018

A collection of our 2018 public-records reporting on the financial disclosures from Big Law partners who left, among other firms, Paul Weiss; King & Spalding; Williams & Connolly; Kirkland & Ellis, Covington & Burling, Morgan, Lewis & Bockius; and Wilmer.
Litigation Daily |Q&A

Litigators of the Week: A Delicious Win for Gibson Dunn and Squire Patton Boggs

Jenna Greene | December 20, 2018

The trio of litigators successfully defended ramen noodle companies from Korea that were hit with a $500 million class action for price fixing.
Litigation Daily |

CVS Taps Williams & Connolly to Boost Court Team as Judge Digs Into Aetna Merger

C. Ryan Barber | December 20, 2018

A team from Williams & Connolly recently joined Dechert in advocating for the CVS-Aetna merger, as a judge in Washington raises his concerns.
The Legal Intelligencer |

CVS Adds Williams & Connolly Trial Lawyers to Dechert Team as Judge Digs Into Aetna Merger

Mike Scarcella | December 20, 2018

A team from Williams & Connolly recently joined Dechert in advocating for the CVS-Aetna merger, as a judge in Washington raises his concerns.
National Law Journal |

CVS Boosts Court Team as Judge Digs Into Aetna Merger

C. Ryan Barber | December 20, 2018

A team from Williams & Connolly recently joined Dechert in advocating for the CVS-Aetna merger, as a judge in Washington raises his concerns.
Connecticut Law Tribune |News

NCAA Attorney Squares Off With Judge In Player Compensation Case

Ross Todd | December 19, 2018

The NCAA's lead lawyer Beth Wilkinson of Wilkinson Walsh + Eskovitz told U.S. District Judge Claudia Wilken multiple times during closing arguments Tuesday that the judge had the facts wrong.
The Recorder |News

'That's Wrong': NCAA Lawyer, Judge Butt Heads in Closing Arguments in Athlete Compensation Case

Ross Todd | December 18, 2018

The NCAA's lead lawyer Beth Wilkinson of Wilkinson Walsh + Eskovitz told U.S. District Judge Claudia Wilken multiple times during closing arguments Tuesday that the judge had the facts wrong.
Litigation Daily |News

San Francisco Jury Rejects $500M Antitrust Claims in Ramen Noodles Price-Fixing Case

John Council | December 18, 2018

After a five-week trial, a federal jury in San Francisco issued a defense verdict in a $500 million antitrust class action filed against two South Korean companies accused of conspiring to fix the price of ramen noodles in the United States.
The Recorder |News

San Francisco Jury Rejects $500M Antitrust Claims in Ramen Price-Fixing Case

John Council | December 18, 2018

After a five-week trial, a federal jury in San Francisco issued a defense verdict in a $500 million antitrust class action filed against two South Korean companies accused of conspiring to fix the price of ramen noodles in the United States.
New York Law Journal |Analysis

Competitor Communications Not Enough to Infer Antitrust Conspiracy

Elai Katz | December 17, 2018

In his Antitrust column, Elai Katz discusses two cases in which federal appellate courts considered whether plaintiffs had garnered sufficient circumstantial evidence—including discussions among competitors—to present antitrust conspiracy claims to a jury. In both cases, the courts of appeals decided that despite the presence of frequent communications among rivals and some parallel conduct, there was not enough evidence of a conspiracy to proceed to trial.
New York Law Journal |News

Debevoise Picked Up New York Knicks Owner's FTC Fine for Deadline Foul

C. Ryan Barber | December 14, 2018

James Dolan, executive chairman and CEO of Madison Square Garden Company, agreed to pay a $609,810 fine for an antitrust reporting violation. Behind the scenes, Dolan had reached a separate deal on who'd pick up the tab.
New Jersey Law Journal |News

Mercedes-Benz Price-Fixing Suit Against Auto Shippers Turns Back to New Jersey Court

Michael Booth | December 13, 2018

U.S. District Judge Stanley Chesler on Wednesday rejected pre-emption claims and ordered that the lawsuit against Nippon Yusen Kabushiki Kaisha, K Line America, Matsui O.S.K., Wallenius Wilhelmsen Logistcs AS and Kawasaki Kaisha Ltd. be moved back to Bergen County Superior Court.
The Recorder |News

SAP Can't Shake Antitrust, Copyright Suit From Former Joint Venture Partner Teradata

Ross Todd | December 13, 2018

Although a federal judge in San Francisco said that enterprise data analytics and warehousing company Teradata Inc. would have to describe its alleged trade secrets in more detail, he largely denied SAP's motion to dismiss its former partner's lawsuit.
National Law Journal |News

Debevoise Picked Up New York Knicks Owner's FTC Fine for Deadline Foul

C. Ryan Barber | December 13, 2018

James Dolan, executive chairman and CEO of Madison Square Garden Company, agreed to pay a $609,810 fine for an antitrust reporting violation. Behind the scenes, Dolan had reached a separate deal on who'd pick up the tab.
Litigation Daily |News

Debevoise Pick Up New York Knicks Owner's $600K FTC Fine for Deadline Foul

C. Ryan Barber | December 13, 2018

James Dolan, executive chairman and CEO of Madison Square Garden Company, agreed to pay a $609,810 fine for an antitrust reporting violation. Behind the scenes, Dolan had reached a separate deal on who'd pick up the tab.
New York Law Journal |Analysis

The Rule of Reason as a Bar to Criminal Antitrust Enforcement

Todd S. Fishman | December 12, 2018

The U.S. Department of Justice Antitrust Division's case against Kemp Associates, an heir location service firm, has focused attention on the growing role of the rule of reason in the defense of criminal antitrust prosecutions.
The Recorder |News

Quinn Emanuel, Sidecar Call Uber 'Monopolist' in New Lawsuit

Caroline Spiezio | December 11, 2018

The successor to defunct ridesharing company Sidecar claims Uber lowered prices to eliminate competition from the market.
Litigation Daily |News

In New Lawsuit, Quinn Emanuel Client Sidecar Calls Uber a 'Monopolist'

Caroline Spiezio | December 11, 2018

The successor to defunct ridesharing company Sidecar claims Uber lowered prices to eliminate competition from the market.
The Recorder |News

Oakland Sues the Raiders, NFL, and 31 Other Clubs Over Team's Vegas Getaway

Ross Todd | December 11, 2018

What happens in Vegas leads to a lawsuit, which is claiming that the $378 million “relocation fee” the Raiders paid the league acted as “supra-competitive cartel payments” to owners of other teams.
New York Law Journal |Analysis

Potential Outcomes of 'Apple v. Pepper'

Shepard Goldfein and Karen Hoffman Lent | December 10, 2018

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent analyze four potential Supreme Court decisions in 'Apple v. Pepper', a case in which a putative class of iPhone owners are suing Apple for monopolizing, or attempting to monopolize, the market for iPhone applications.
Litigation Daily |News

For Georgia Pacific (and Wilkinson Walsh) a Happy Ending to $12B Containerboard Price Fixing Class

Jenna Greene | December 10, 2018

Put a bow on that box, the $12 billion price fixing case over containerboard is all wrapped up.
Legal Week |News

Freshfields continues US antitrust growth with another DoJ hire

Dan Packel | December 10, 2018

Latest addition comes after firm's hire of former director of litigation in DoJ antitrust division
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
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
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.
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
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 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.
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

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