Antitrust

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

The Legal Intelligencer |Commentary

How Smart Is the Proposed Merger Review SMARTER Act?

Carl W. Hittinger and Tyson Y. Herrold | June 22, 2018

On May 9, the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act passed the House of Representatives by a 230-185 vote.
Litigation Daily |Profile

Litigators of the Week: Cracking the 10-Year Egg Antitrust Case

P.J. D'Annunzio | June 22, 2018

Antitrust class actions almost never go to trial. But three companies trusted their legal teams to get them through—and the lawyers delivered with an across-the-board win against some of the most prominent plaintiffs lawyers in the country.
The Mid Market Report |News

Who Got the Work: Egg-cellent News for an Egg Farm, 37 Cats and 5 Parrots

Jonathan Erway | June 21, 2018

Porter Wright Morris & Arthur helped secure a major defense win for Seymour, Indiana-based Rose Acre Farms in a $3 billion federal antitrust…
The American Lawyer |News

Cadwalader Antitrust Partner Amy Ray Decamps for Orrick

Dan Packel | June 21, 2018

Orrick picked up a D.C.-based rising star in a practice area that's among the worst for gender diversity.
National Law Journal |

FTC's Limited Data-Privacy Power Makes Chair Joe Simons 'Nervous'

C. Ryan Barber | June 20, 2018

So, what's the agency planning on that front? Self-reflection at the FTC, and other highlights from the agency's new leader.
The Recorder |News

Former Joint Venture Partner Accuses SAP of Stealing Trade Secrets, Copyrights

Ross Todd | June 20, 2018

The lawsuit from Teradata Inc. also asks for treble damages under federal antitrust laws claiming SAP unlawfully tied sale of a product developed with alleged stolen trade secrets to its core enterprise resource planning applications.
Litigation Daily |Commentary

Daily Dicta: Egg on Their Faces: Plaintiffs Giants Come up Empty in $3B Antitrust Trial

Jenna Greene | June 18, 2018

Ten co-defendants settled for a combined $150 million, but the trio of egg producers left standing were willing to risk everything by going to trial. Their gamble paid off.
National Law Journal |News

Justices Add Key Cases on Apple's Antitrust Woes, Asset Forfeiture and Securities Fraud

Tony Mauro | June 18, 2018

U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.
The Recorder |Quick Takes

SCOTUS Takes Up Key Antitrust Case Over Apple's 'App Store' Model

Mike Scarcella | June 18, 2018

U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.
Litigation Daily |Profile

Litigator of the Week: An Antitrust Win for the History Books

Jenna Greene | June 15, 2018

Daniel Petrocelli is not an antitrust expert—but the O'Melveny & Myers partner didn't need to be in order to win the biggest merger challenge in decades.
National Law Journal |

Rare Alliance Between Class Action Plaintiffs, US Chamber Prevails at Supreme Court

Tony Mauro | June 14, 2018

The U.S. Supreme Court's ruling Thursday was a boost to class action plaintiffs in dispute over vitamin C. Foreign law deserves "respectful consideration," Justice Ruth Bader Ginsburg wrote, but it doesn't decide this class action.
International |News

Courts Not Bound by Foreign Governments' Statements Regarding Their Laws, Says US Supreme Court

Mike Scarcella | June 14, 2018

The U.S. Supreme Court's ruling Thursday was a boost to class action plaintiffs in dispute over vitamin C. Foreign law deserves "respectful consideration," Justice Ruth Bader Ginsburg wrote, but it doesn't decide this class action.
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
National Law Journal |News

AT&T Judge Richard Leon Wasn't Mocking Trump! Exclamation Points Are His Mark!

Ellis Kim | June 13, 2018

Anyone who's ever had occasion to read a ruling from U.S. District Judge Richard Leon has probably run into an exclamation point somewhere along the line.
National Law Journal |News

READ THE DECISION: Judge OKs AT&T-Time Warner's $85B Merger

Ellis Kim | June 12, 2018

Read U.S. District Judge Richard Leon's decision here.
Daily Report Online |News

Atlanta Braves Cases Are Apparently Off Chief Justice Roberts' Docket

Tony Mauro | June 11, 2018

Two U.S. Supreme Court orders on Monday—one involving Justice Anthony Kennedy and the other Chief Justice John Roberts Jr.—show why recusals matter.
Corporate Counsel |Expert Opinion

Safeguarding Your Company: Obtaining Recovery for Antitrust Violations

Cindy Caranella Kelly and Sarah Gibbs Leivick | June 06, 2018

There are circumstances where litigation may not necessarily be the optimal strategy for obtaining appropriate redress and recovering damages caused by collusion.
Litigation Daily |Commentary

Daily Dicta: Is This Suit Merely Stupid—or a Secret Conspiracy to Discredit the Plaintiffs Bar?

Jenna Greene | June 04, 2018

Some would-be class actions are so ridiculous that all you can do is shake your head and think “Wow, the lawyer who filed that passed the bar?” But what if there's actually something more nefarious afoot?
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
Legaltech News |News

Microsoft CLO Reflects on U.S. v. Microsoft, Says It Provides Antitrust Lessons for Facebook

Caroline Spiezio | May 30, 2018

At the Code Conference, Microsoft CLO Brad Smith said Facebook's current situation has parallels to the famous United States v. Microsoft antitrust case.
The Recorder |News

Microsoft's Brad Smith Says the Company's Antitrust Case Provides Lessons for Facebook

Caroline Spiezio | May 30, 2018

At the Code Conference, Microsoft's CLO said that Facebook's current situation has parallels to his own company's turn-of-the-century antitrust battles.
Litigation Daily |Commentary

Daily Dicta: Boies Schiller Wins Suit Over Constitutional Right to Smoke Medical Marijuana

Jenna Greene | May 30, 2018

Ah, constitutional law. Where judges can reach back to George Washington and Thomas Jefferson in defense of the proposition that it's OK to smoke (as opposed to eat or vape) medical marijuana.
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.
International |News

Freshfields Expands China Antitrust Practice With KWM Hire

Anna Zhang | May 25, 2018

The Magic Circle firm has recruited partner Hazel Yin from the Chinese firm, four years after former practice head Michael Han defected to domestic rival Fangda Partners.
The Recorder |News

Arista's Antitrust Suit Against Cisco OK'd for Trial

Scott Graham | May 23, 2018

U.S. District Judge Beth Labson Freeman of the Northern District of California ruled that Cisco's copyright suit combined with GC Mark Chandler's blog posts were enough to get by summary judgment.
The American Lawyer |News

Carlton Fields Faces $15M Malpractice Action Over Procaps Litigation Loss

Scott Flaherty | May 23, 2018

After a magistrate judge gave Carlton Fields a dressing down in an acrimonious antitrust case, the firm's former client is now suing for alleged malpractice and seeking damages of more than $15 million.
Litigation Daily |Commentary

Daily Dicta: No Harm, No Foul—or So These O'Melveny Lawyers Hope

Jenna Greene | May 21, 2018

The new FTC commissioners face an early test: Will they accept the Impax loss, deferring to the ALJ and his exhaustive, 162-page decision? Or will they vote to reverse him and revive criticism that the FTC's administrative process is unfair?
Corporate Counsel |News

AB InBev Toasts to Its New Path on Due Diligence and Compliance

Sue Reisinger | May 18, 2018

The brewing giant used truly unconventional and high-tech methods to transform compliance on a global scale.
National Law Journal |News

So Much for 'Consensus': Big Law Pick for Consumer Chief Divides FTC

C. Ryan Barber | May 17, 2018

Andrew Smith joins the FTC from Covington & Burling. FTC chair Joe Simons said Wednesday he was “disappointed that two of my new colleagues have chosen to turn Mr. Smith's appointment into a source of unnecessary controversy.”
The Recorder |News

Keker Reps Indicted Bumble Bee Exec, Insists He's Innocent

Ben Hancock | May 16, 2018

John Keker of the San Francisco litigation firm Keker, Van Nest & Peters is representing Bumble Bee Foods CEO Chris Lischewski, who faces 10 years in prison and a fine of $1 million.
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
The Recorder |News

Ninth Circuit Revives US Chamber's Challenge to Seattle Ride-Hailing Union Law

Erin Mulvaney | May 11, 2018

“Digital platforms like Uber and Lyft have become 'highly interconnected with modern economic and social life,' and present novel challenges and contexts for regulation,” the Ninth Circuit panel said.
National Law Journal |News

Trump Administration Backs Apple in Supreme Court Antitrust Suit Over Apps

Marcia Coyle | May 09, 2018

"The importance of the question presented will only grow as commerce continues to move online," the U.S. Department of Justice told the Supreme Court in an amicus brief backing Apple Inc.'s position in a closely watched antitrust case.
New York Law Journal |Analysis

SCOTUS Hears Arguments on Vitamin C Conspiracy

Shepard Goldfein and Karen Hoffman Lent | May 07, 2018

Antitrust Trade and Practice columnists Shepard Goldfein and Karen Hoffman Lent discuss a case in which the U.S. Supreme Court recently heard oral argument. The court's decision will help clarify whether the Sherman Act can be used to police anticompetitive behaviors that were supposedly compelled by foreign law.
The Legal Intelligencer |Commentary

Class Actions Now Flowing From FTC and DOJ's No-Poach Enforcement

Carl W. Hittinger and Tyson Y. Herrold | May 04, 2018

In our article last month, we discussed the Federal Trade Commission (FTC) and the Department of Justice's (DOJ) jointly issued guidance to HR professionals warning that naked employee no-poach agreements could be criminally prosecuted.
Corporate Counsel |News

T-Mobile, Sprint Want to Merge. What Should Their Law Departments Do Next?

Caroline Spiezio | May 02, 2018

Legal departments at both companies will have plenty of issues to think through, including the deal's potential effect on the U.S. telecom market as well as its possible international implications.
National Law Journal |Chart

Top 100 Verdicts 2017: Chart

VerdictsSearch | April 30, 2018

A multi-billion dollar verdict involving breaches of fiduciary duty scores the top award in the 2017 list by NLJ-affiliate VerdictSearch.
Litigation Daily |Profile

Litigators of the Week: An Antitrust Unicorn—With $800M on the Line

Tom McParland | April 27, 2018

“Class actions and antitrust cases never go to trial. Most people don't want to take the risk,” said David Lender, co-chair of Weil's litigation department. “It's the client willing to go to the mat.”
Corporate Counsel |News

What to Make About the Justice Department's Most Recent 'No-Poach' Settlement

Erin Mulvaney | April 25, 2018

Management-side and antitrust lawyers are looking for enforcement clues about how the U.S. Justice Department will approach no-poach agreements between companies.
National Law Journal |News

Video: Tony Mauro Catches Up With Sidley's Carter Phillips

ALM Staff | April 23, 2018

"I am very happy to be back just practicing law," says Carter Phillips, formerly chairman of Sidley Austin's executive committee.
National Law Journal |News

Fourth Circuit Rejects Appeal of Decision Nixing Table-Saw Antitrust Claims

Michael Riccardi | April 23, 2018

The Fourth Circuit held that Oregon-based saw-maker SawStop's allegations that the companies had colluded to boycott its patented injury-prevention technology were barred by the four-year statute of limitations for antitrust claims.
The Legal Intelligencer |News

Judge Keeps $125M Provigil Settlement Intact, Denying Claim Document Wasn't Final

Max Mitchell | April 23, 2018

A federal judge has rejected an insurance provider's attempts to invalidate a $125 million settlement that the company, and several others, entered into with the makers of the sleep-disorder drug Provigil.
New York Law Journal |Analysis

Hiring Practices Draw Antitrust Scrutiny

Elai Katz | April 23, 2018

Antitrust columnist Elai Katz writes: Federal enforcers have left no doubt that restraints on competition for employees may constitute serious antitrust violations.
Litigation Daily |Commentary

Daily Dicta: When the Judge Doesn't Like You; Saw Makers Notch a Win

Jenna Greene | April 23, 2018

Judicial bias is a tricky thing. Is the judge ruling against you because she doesn't like your legal arguments? Or is it personal?Either way, it's bold—and potentially risky—move to call on a judge to recuse for bias. But Mike Daugherty is not one to shy away from a fight.
The Recorder |News

Wilson Sonsini Gets Appellate Win in Google Derivative Suits Over 'No-Poach' Agreements

Ross Todd | April 17, 2018

The Sixth District Court of Appeal upheld a lower court ruling which tossed claims against Google execs on statute of limitations grounds.
Corporate Counsel |News

The Reviews Are in for Zuck: His Big Performance Sounded Scripted, But Is That Bad?

Caroline Spiezio | April 12, 2018

Attorneys and other experts weighed in on Facebook CEO Mark Zuckerberg's big week in D.C., explaining how some facets of his testimony proved effective, while others may not have worked as well.
New York Law Journal |Analysis

DOJ Brings First 'No-Poach' Prosecution Since Issuing Antitrust Guidance for HR Professionals

Juan Arteaga and Richard Stella | April 11, 2018

A careful review of this settlement and the Antitrust Division's accompanying press release indicates that there is a significant likelihood that no-poaching and wage-fixing agreements that were entered into or that continued after the Antitrust Division issued its guidelines for human resource professionals will be prosecuted as criminal violations.
The Legal Intelligencer |Case Digests

Philadelphia Taxi Assn, Inc. v. Uber Tech., Inc.

April 10, 2018

District court properly found that appellant taxicab owners and associations failed to allege any of the elements for a claim for attempted monopolization under §2 of the Sherman act and failed to allege antirust standing in their action against Uber because appellants own pleadings showed that Ubers entry into the market increased the number of vehicles-for-hire available to consumers, thus increasing competition and they never demonstrated specific intent to monopolize. Affirmed.
New York Law Journal |Analysis

AT&T/Time Warner: How Judge Leon's Experience in 'Comcast/NBCU' May Shape the Trial

Shepard Goldfein and Karen Hoffman Lent | April 09, 2018

In their Antitrust Trade and Practice column, Shepard Goldfein and Karen Hoffman Lent continue their discussion of the DOJ's suit to block AT&T/DirecTV's proposed acquisition of Time Warner. At the approximate midpoint of the trial, they return to consider how a vertical mega-merger from a few years ago—and a familiar face from that case—may provide some clues of what is to come.
New York Law Journal |Case Digests

Contant v. Bank of America Corp.

April 09, 2018

Suit Over FX Trading Dismissed; Standing Not Shown, Injunctive Relief Not Shown Available
The Recorder |News

In a Heller Ehrman Reunion, Orrick Partner David Goldstein Joins SF Boutique

Xiumei Dong | April 06, 2018

David Goldstein, an antitrust and litigation partner at Orrick, Herrington & Sutcliffe in San Francisco, recently left to join several of his former Heller Ehrman colleagues at Farmer Brownstein Jaeger & Goldstein, a Bay Area-based boutique that now has his name on its shingle.
The Recorder |News

California Grabs Legal-Fee Slice From Anthem and Cigna in Antitrust Suit

Cheryl Miller | April 06, 2018

The plaintiff states will divide the settlement funds. California, Connecticut, New York, Georgia and the District of Columbia were among the states that challenged the proposed $54 billion tie-up.
National Law Journal |News

Anthem, Cigna Pay $3M in Legal Fees to States That Sued to Block Merger

Cheryl Miller | April 06, 2018

The plaintiff states will divide the settlement funds. California, Connecticut, New York, Georgia and the District of Columbia were among the states that challenged the proposed $54 billion tie-up.
The Recorder |News

Federal Law Enforcement Chiefs Outline White Collar Priorities Under Trump

Ross Todd | April 05, 2018

At a Views from the Top panel discussion Wednesday night, the head of the local SEC, DOJ Antitrust Division, and U.S. Attorney's Offices said investigating and prosecuting economic crimes remains a priority under the Trump administration.
Litigation Daily |Commentary

Daily Dicta: What do Fish, Eggs and This Lawsuit Have in Common? They Don't Get Better With Age

Jenna Greene | April 04, 2018

What's (still) wrong with an antitrust suit targeting restaurants that include the tip in the price of the food--Plus Skadden securities litigators score again and Schulte Roth wins one for Reed Smith.
Litigation Daily |Commentary

Daily Dicta: Can Pillsbury Partner Save Outrageous Sinclair-Tribune Merger?

Jenna Greene | April 03, 2018

Miles Mason is representing Sinclair Broadcast Group, which needs approval from the Federal Communications Commission for its $3.9 billion purchase of Tribune Media Co. The The Pillsbury Winthrop Shaw Pittman partner's job just got a lot harder.
The Recorder |News

Antitrust, Class Action Vet Joins Up With Joseph Saveri

Xiumei Dong | April 02, 2018

Steven Williams has left Cotchett, Pitre & McCarthy for Joseph Saveri's litigation boutique.
New York Law Journal |Case Digests

Cont'l Bldg. Prods. Operating Co. LLC v. Lafarge N. Am. Inc.

April 02, 2018

Claims Alleged Conduct After Firm Bought Business; Indemnification Suit Dismissed
Connecticut Law Tribune |Case Digests

In re Aggrenox Antitrust Litigation

April 02, 2018

Court Certifies Aggrenox Settlement Class
The Legal Intelligencer |Commentary

DOJ Now Targeting HR Professionals for Criminal Antitrust Violations

Carl W. Hittinger and Tyson Y. Herrold | March 30, 2018

Human capital (i.e., skilled labor) has become increasingly vital to the success of business enterprises. But such invaluable capital can also be extremely difficult to attract and retain, as corporate loyalty has become less of a two-way street and the gold ring of opportunity swings by.
The Recorder |News

Judge Rules Against NCAA in Players' Antitrust Class Action, Sets December Trial

Cogan Schneier | March 29, 2018

A group of student-athletes challenged the NCAA's limits on student-athlete scholarships as anti-competitive.
The Legal Intelligencer |News

Uber Defeats Taxi Companies' Antitrust Case at Federal Appeals Court

Max Mitchell | March 28, 2018

In a loss for the struggling taxi industry, a federal appeals court has ruled that Uber's entry into the Philadelphia transportation market did not run afoul of antitrust laws.
New York Law Journal |Case Digests

N. Am. Soccer League, LLC v. U.S. Soccer Fedn, Inc.,

March 27, 2018

Preliminary Injunction Denied Where No Direct Direct Evidence of Antitrust Conspiracy
New Jersey Law Journal |Case Digests

Ragner Tech. Corp. v. Berardi

March 26, 2018

Defendants filed motions to dismiss for failure to state a claim, and for lack of personal jurisdiction, improper venue, and failure to state a claim.
Law.Com |Podcast

AT&T, Time Warner and the Antitrust Fight for the Future of Media

Vanessa Blum | Leigh Jones | March 23, 2018

The stakes are high in D.C. federal court as Trump's Justice Department attempts to block the $85 billion merger between AT&T and Time Warner. In this week's episode of Legal Speak, we break down what you need to know.
Texas Lawyer |News

Big Law Associate's Life Ensnared in Austin Bomber's Fate

Angela Morris | March 23, 2018

In the midst of a trial, Pillsbury Winthrop's Liz Marcum got a terrifying call about her husband's involvement in the car chase to apprehend the suspect.
New York Law Journal |Case Digests

Meyer v. Kalanick

March 23, 2018

Arbitration Provision in User Terms Enforceable; Plaintiff Waived Lack of Notice Evidence
National Law Journal |News

DOJ's First Witness in AT&T Antitrust Trial Warns of 'Horribly Ugly' Deal if Merger Allowed

Cogan Schneier | March 22, 2018

Justice Department lawyers say they're seeking to prove that AT&T's proposed merger with Time Warner will stifle competition.
National Law Journal |News

AT&T Pushes to Keep Antitrust Fight Public as Opening Arguments Near

Cogan Schneier | March 20, 2018

Lawyers for the Department of Justice say some witnesses will need to testify in a closed court, because they will present confidential information about AT&T competitors.
National Law Journal |News

Emails, PowerPoints and YouTube TV: Judge in AT&T Trial Mulls Evidence

Cogan Schneier | March 19, 2018

Lawyers for AT&T have filed hundreds of objections to the government's proposed evidence in its case against the telecom giant's merger with Time Warner.
Litigation Daily |Analysis

AT&T Trial Counsel Petrocelli Is No Antitrust Expert—But That May Be a Plus

Jenna Greene | March 18, 2018

As O'Melveny & Myers partner Daniel Petrocelli faces one of the biggest trials of his life—fending off the Justice Department's challenge to AT&T's $85 billion merger with Time Warner— there's a niggling question: What does the renowned Los Angeles litigator really know about antitrust law?
Litigation Daily |Analysis

AT&T Trial Counsel Petrocelli Is No Antitrust Expert—But That May Be a Plus

Jenna Greene | March 17, 2018

As O'Melveny & Myers partner Daniel Petrocelli faces one of the biggest trials of his life—fending off the Justice Department's challenge to AT&T's $85 billion merger with Time Warner— there's a niggling question: What does the renowned Los Angeles litigator really know about antitrust law?
National Law Journal |

It's Showtime: What to Watch at AT&T-Time Warner Antitrust Trial

C. Ryan Barber | March 16, 2018

The AT&T-Time Warner trial, set to begin Monday in Washington federal district court, is a blockbuster on many levels. Here's what to watch.
Corporate Counsel |Expert Opinion

Safeguarding Your Company: Preventing and Detecting Antitrust Violations

Cindy Caranella Kelly and Sarah Gibbs Leivick | March 16, 2018

In the past several years, anticompetitive activity has impacted a wide range of industries around the world. In 2016, global cartel fines across industries reached almost $8 billion, and more than $4 billion in 2017.
The Legal Intelligencer |Case Digests

In re: Remicade Antitrust Litig.

February 13, 2018

Court appointed single-firm structure for interim class counsel where risks of increased costs and difficulty in managing multi-firm structure outweighed any benefits multi-firm structure had in effectively serving prospective class. Plaintiffs application to appoint interim class counsel granted.
New Jersey Law Journal |Case Digests

Baar v. Jaguar Land Rover North America, LLC

January 17, 2018

Plaintiff instituted the underlying class action alleging violations of the Sherman Act, 15 U.S.C. §1, various state antitrust and consumer protection laws and unjust enrichment, in connection with the imposition of defendants' no-export policy at the point of sale of defendants' products.
New York Law Journal |Case Digests

IQ Dental Supply Inc. v. Henry Schein Inc.

January 04, 2018

Distributor Did Not Show 'Antitrust Injury', Is Not 'Efficient Enforcer' of Antitrust Laws
Connecticut Law Tribune |Case Digests

MacCalla v. American Medical Response of CT, Inc.

December 18, 2017

No Antitrust Injury Resulted From Employers Demand That Employees Not Work Concurrently for Competitor

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