Antitrust

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

  • New York Law Journal

    Vitamin C Litigation: Window Into Trump White House International Relations?

    By Shepard Goldfein and James Keyte | July 17, 2017

    Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write: Just before the U.S. Supreme Court's most recent term expired, the justices set the stage for a potential test of the Trump administration's ideological vigor. By inviting Acting Solicitor General Jeffrey Wall's office to "file a brief ... expressing the views of the United States" regarding 'In re Vitamin C Antitrust Litigation,' the court has offered President Donald Trump and his government an opportunity to expound on one of the president's most popular talking points pre- and post-campaign—the issue of China's abuses of international trade.

    1 minute read

  • Delaware Law Weekly

    Judge Nixes 'Failing Firm' Defense in Blocking Merger of Nuclear-Waste Disposal Giants

    By Tom McParland | July 13, 2017

    Waste Control Specialists and EnergySolutions Inc. engaged in a single-bidder sale process that boxed out other potential buyers and torpedoed the market-leading nuclear waste disposal companies' defense of a planned $367 million merger that was nixed last month on antitrust grounds, a Delaware judge said in a just-unsealed opinion.

    1 minute read

  • National Law Journal

    Boies Bolsters Bid by DraftKings, FanDuel to Fend Off Class Action

    By Todd Cunningham | July 13, 2017

    Fantasy sports site operator DraftKings on Wednesday enlisted power attorney David Boies as it and FanDuel, a rival site with which it had hoped to merge, battled to have a potential class action suit brought by players dismissed in federal court in Boston.

    1 minute read

  • National Law Journal

    DraftKings, FanDuel Abandon Merger Plans in Wake of FTC Pushback

    By Todd Cunningham | July 13, 2017

    DraftKings and FanDuel, operators of the two largest sites in the multibillion online fantasy sports industry, have abandoned their plans to merge in the face of pressure from the Federal Trade Commission.

    1 minute read

  • Corporate Counsel

    Antitrust Corporate Dispositions

    By Marc Siegel | July 13, 2017

    This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.

    1 minute read

  • National Law Journal

    Deborah Feinstein, FTC's Top Antitrust Enforcer, Returns to Arnold & Porter

    By C. Ryan Barber | July 12, 2017

    After nearly four years as the Federal Trade Commission's top antitrust enforcer, Debbie Feinstein is returning in September to Arnold & Porter Kaye Scholer, where she will lead the global antitrust group, the firm said Wednesday.

    1 minute read

  • Corporate Counsel

    Retail Litigation Center Files Amicus Brief in Amex Fee Case

    By Stephanie Forshee | July 11, 2017

    The Retail Litigation Center is once again calling out American Express for its "anti-steering rules."

    1 minute read

  • National Law Journal

    Publishers Seek Antitrust Exemption to Better Negotiate With Google, Facebook

    By Todd Cunningham | July 11, 2017

    U.S. newspaper publishers, who say they are chafing under the market power of Google and Facebook, are calling on Congress to allow them to negotiate collectively with the online giants. They want an antitrust exemption so they can compete more effectively with what they term a de facto "digital duopoly," which now dominates online advertising.

    1 minute read

  • The Recorder

    NFL Sacks Antitrust Class Action Over 'Sunday Ticket' TV Package

    By Todd Cunningham | June 30, 2017

    A class action suit claiming that the NFL's exclusive DirecTV package violated antitrust law was sacked by a federal court judge Friday, who saw no evidence of conspiracy, collusion or significant harm to football fans or bars showing the games.

    1 minute read

  • The Legal Intelligencer

    Apotex, Inc. v. Cephalon, Inc., PICS Case No. 17-0987 (E.D. Pa. June 8, 2107) Goldberg, J. (20 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 30, 2017

    The court found that findings of patent invalidity and noninfringement made after reverse-payment settlement agreements were irrelevant to the rule of reason analysis in plaintiff's antitrust litigation but were relevant to plaintiff's antitrust causation showing and were admissible and the court ordered a two phase trial to limit prejudice and jury confusion. Two phase trial ordered.

    1 minute read

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