Antitrust

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

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.
The Recorder |News

Uber May Be Saving $500M a Year in California by Misclassifying Drivers, Suit Says

Ross Todd | September 11, 2018

The lawsuit, filed on behalf of livery services by lawyers at Robins Kaplan and Keller Lenkner, seeks an injunction barring Uber from pricing rides below cost and treble damages for Uber's allegedly anti-competitive activity.
National Law Journal |News

Former FTC Commissioner, Obama Admin. Adviser Lands at Covington

Ryan Lovelace | September 10, 2018

The firm's newest partner, Terrell McSweeny, is one of the last Obama-era FTC commissioners to leave her post at the agency.
New Jersey Law Journal |News

$9.6 Million Settlement in Tax Sale Bid-Rigging Class Action Upheld on Appeal

Charles Toutant | September 07, 2018

The U.S. Court of Appeals for the Third Circuit has rejected a challenge to a $9.59 million settlement in a New Jersey class action over alleged rigging of bids for municipal tax sale certificates.
Litigation Daily |Commentary

Daily Dicta: Stuck in the Litigation Slow Lane

Jenna Greene | September 06, 2018

The unusual merger case highlights a longstanding disparity between review by the Justice Department and the Federal Trade Commission.
Daily Report Online |News

SEC, ACC Are Defendants in Trial Over College Athletes' Compensation

Ross Todd | September 04, 2018

A case with the potential to open the door for schools in top echelons of college football and men's and women's basketball to compensate student-athletes got underway Tuesday in a federal court in Oakland.
Legal Week |Analysis

The Transatlantic Legal Awards 2018 - who won what, and why...

Legal Week | September 04, 2018

All the winners from this year's Transatlantic Legal Awards - with insight into the judging panel's thinking in each category
The Recorder |News

Koh Says It's Too Soon to Block Potential iPhone Import Ban

Scott Graham | August 30, 2018

Qualcomm may be making process in its ITC case against Apple, but it's a long way from actually winning, says a judge presiding over antitrust actions.
The Recorder |Expert Opinion

'Pepper' as a Back Door to 'Illinois Brick' (and 'ARC America')?

Steve Williams and Jiamie Chen | August 29, 2018

If the Illinois Brick/Hanover Shoe (and ARC America) framework is to be reconsidered, it should be the product of a planned, well-considered process where all the relevant stakeholders come together and have a say.
The Recorder |

What Does Regulating Google Search Even Mean? We Asked 4 Lawyers: ¯\_(ツ)_/¯

C. Ryan Barber | Ellis Kim | August 28, 2018

“It's almost unfathomable to figure out how to regulate search. We're not prescriptive. We allow the marketplace to allow people to self-regulate and we police their self-regulation," one veteran antitrust lawyer says.
The Legal Intelligencer |News

3rd Circuit Reinstates Heart Device Maker's Antitrust Suit Against Health Insurers

Max Mitchell | August 28, 2018

A unanimous three-judge panel of the Third Circuit determined that LifeWatch Services had presented enough factual basis to proceed on claims against five insurance plan administrators.
Connecticut Law Tribune |Case Digests

In re Aggrenox Antitrust Litigation

August 27, 2018

Court Finalizes Settlement of Class Action
The Legal Intelligencer |Commentary

Is Judge Kavanaugh a Fan of Antitrust Laws? Let's Take a Look

Carl W. Hittinger and Tyson Y. Herrold | August 24, 2018

We know Judge Brett Kavanaugh is a fan of the Washington Nationals. But is he also a fan of the antitrust laws?
The Legal Intelligencer |News

Personal Injury Firms, Pa. Car Dealership Allege Price-Fixing Conspiracy in TV Ads

Amanda Bronstad | August 23, 2018

Six separate lawsuits have been filed since The Wall Street Journal reported last month that the Justice Department was investigating whether media sales teams and station owners shared information with one another.
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.
Litigation Daily |Commentary

Daily Dicta: In EpiPen Suit, Kansas Judge Sticks it to Mylan

Jenna Greene | August 21, 2018

When you've got a 6-year-old who suddenly can't breathe, the notion of an EpiPen as a profit center becomes obscene.
New York Law Journal |Analysis

Supreme Court Tackles Two-Sided Platforms

Elai Katz | August 17, 2018

In his Antitrust column, Elai Katz analyzes the U.S. Supreme Court's recent decision regarding credit card transactions, 'Ohio v. American Express.'
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
New Jersey Law Journal |Analysis

No-Poach Agreements Are Targeted by Government, Employees and Legislators

Sheila Raftery Wiggins | August 16, 2018

The no-poach agreement—an agreement between two unrelated companies to not hire each other's employees—is gaining renewed federal and state government scrutiny for its potential antitrust impact on the economy.
Legal Week |

Eversheds Sutherland and Freshfields top growing list of UK firms registering lawyers in Ireland as Brexit draws closer

Krishnan Nair | August 16, 2018

Since early 2016, firms have registered lawyers in Ireland to hedge against a possible no-deal Brexit.
The Recorder |Expert Opinion

Should 'Hanover Shoe' and 'Illinois Brick' Be Discarded?

Steve Williams and Jiamie Chen | August 15, 2018

Private civil antitrust enforcement in the United States may be on the verge of its biggest change since 1968.
Legal Week |

Ashurst advises as Royal Mail prepares to appeal £50m competition fine

Hannah Roberts | August 14, 2018

Postal company set to appeal the fine for breaching competition law
New York Law Journal |Analysis

A Focus on Price: Antitrust in the Kavanaugh Era

Shepard Goldfein and Karen Hoffman Lent | August 13, 2018

In their column on Antitrust Trade and Practice, Shepard Goldfein and Karen Hoffman Lent discuss Judge Brett Kavanaugh's doctrinal preferences regarding antitrust law.
The Legal Intelligencer |News

J&J Can't Dodge Pfizer's Antitrust Suit, Judge Rules

Max Mitchell | August 13, 2018

The ruling allows Pfizer to proceed with its antitrust lawsuit against J&J on allegations that rebate programs J&J entered into with insurers and hospitals were designed to curb competition.
Litigation Daily |Commentary

Daily Dicta: Why 23 Beer Drinkers Can't Un-Do a $107B Merger

Jenna Greene | August 09, 2018

It's one of the quirkier corners of antitrust law: Private plaintiffs can sue to block mergers. But extracting a settlement is another matter.
Corporate Counsel |News

Global Cartel Misconduct Reaches Into Bank Rates, Oranges, Even Condoms

Sue Reisinger | August 08, 2018

In the first half of the year, many of the crackdowns happened in Europe, but other jurisdictions such as Australia, Singapore and Egypt saw heightened enforcement as well.
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
Litigation Daily |Commentary

Daily Dicta: This Big Law Firm Is the (Unlikely) PR Champ of the Day

Jenna Greene | August 07, 2018

Here's a fun experiment: Four big law firms and two smaller ones on Monday could all legitimately claim a win in a billion-dollar antitrust suit. But who was quickest out of the gate to tout the shared victory?
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
National Law Journal |News

AT&T Case 'Will Shape the Future,' DOJ Tells DC Circuit in Opening Brief

Ellis Kim | August 01, 2018

The U.S. Justice Department on Monday filed its opening brief in the D.C. Circuit. Here's a look at the Justice Department team fighting to revive its legal challenge to the AT&T-Time Warner merger.
The American Lawyer |News

Chasing M&A Dominance, Cadwalader Adds Sidley Austin Antitrust Co-Leader

Meghan Tribe | July 31, 2018

Cadwalader "is poised to be one of the firms that is going to really be in control of the next M&A cycle,” said new partner Joel Mitnick in New York, who was global co-head of Sidley Austin's antitrust group.
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 Legal Intelligencer |Commentary

'Actavis' and Reverse-Payments Suits in the Third Circuit After Five Years

Carl W. Hittinger and Jeffry W. Duffy | July 27, 2018

For over 20 years, purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and ranked as one of the Federal Trade Commission's top enforcement priorities, with private plaintiffs and the FTC alike claiming such agreements have cost consumers millions of dollars by keeping generic drugs off the market.
Slideshow

Corporate Counsel |Slideshow

7 Times Europe Has Made US Tech Companies Pay Up Over Legal Issues

Caroline Spiezio | July 23, 2018

The European Commission's fine against Google last week is just one of many big-ticket penalties levied by the EU against U.S. companies in recent years.
The Recorder |Analysis

Massive $5B Fine Against Google Highlights Long-Term Shift in EU, US Antitrust Enforcement

Caroline Spiezio | July 20, 2018

Why hasn't the U.S. cracked down on Google for antitrust violations in the way Europe has? It might have a lot to do with the regions' individual legal regimes around antitrust.
Corporate Counsel |News

Google to Appeal $5 Billion Antitrust Fine, Voices Fear for Android Open Source System

Sue Reisinger | July 18, 2018

Google didn't waste time hitting back at the European Union after it issued a massive antitrust penalty against the tech giant.
Legal Week |

Cleary, CC and A&O advise on Google's record-breaking €4.3bn Android competition fine

Hannah Roberts | July 18, 2018

Internet search giant found to have imposed illegal restrictions to cement dominant position
National Law Journal |News

Sidley Austin's Peter Keisler Takes on More Formal Role for AT&T in Antitrust Appellate Battle

C. Ryan Barber | July 17, 2018

As the AT&T's defense against a Justice Department antitrust challenge advances into a Washington appeals court, Keisler is set to assume a more formal role.
National Law Journal |News

DOJ Effort to Derail AT&T-Time Warner Merger Seen as Uphill Fight, But Some Point to 'Friendly Forum' in DC Circuit

Ellis Kim | July 16, 2018

Experts see a difficult task ahead for the Trump administration, particularly because the federal trial judge's ruling was so fact-driven. But others argue the appeal might find a more favorable reception at the D.C. Circuit.
The American Lawyer |News

O'Melveny Loses Antitrust Partner in DC, Adds Life Sciences Partner in San Francisco

Meghan Tribe | July 16, 2018

Edward "Ted" Hassi joined Debevoise & Plimpton in Washington, while Latham & Watkins' Geoffrey Kuziemko jumped to O'Melveny in California.
Law.Com |Profile

From Hot Dogs to High Court: Cravath's Evan Chesler

Jenna Greene | July 05, 2018

The law firm chairman led American Express to victory last week in his first Supreme Court argument. It's a long way from his job as a kid at Yankee Stadium.
Litigation Daily |Profile

Daily Dicta: For Cravath's Chesler, a Crowning Achievement

Jenna Greene | July 05, 2018

Cravath Chairman Evan Chesler led American Express to victory last week in his first Supreme Court argument. It's a long way from selling hot dogs in Yankee Stadium as a kid.
National Law Journal |News

Squire Patton Boggs Antitrust Duo Jumps to Baker Botts

Ryan Lovelace | June 26, 2018

Mark Botti, co-chair of Squire's antitrust practice and former antitrust head at Akin Gump, is joining Baker Botts along with partner Anthony Swisher.
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
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 |Case Digests

Contant v. Bank of America Corp.

April 09, 2018

Suit Over FX Trading Dismissed; Standing Not Shown, Injunctive Relief Not Shown Available
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
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.
New York Law Journal |Case Digests

Meyer v. Kalanick

March 23, 2018

Arbitration Provision in User Terms Enforceable; Plaintiff Waived Lack of Notice Evidence

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