Exploring whether funding is driving major business competition cases and how funders reap cash from these deals
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Defendant's summary judgment motion on Sherman Act violation denied to the extent plaintiffs presented sufficient evidence that defendant's shift in price increase strategy represented "abrupt" change for industry and was paralleled by sole competitor. Summary judgment denied in part and granted in part.
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By SUE REISINGER | August 14, 2017
It's unusual for the DOJ to actively oppose the granting of cert in a case it brought in the past, even if there's a new attorney general in town.
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By Zack Needles | August 9, 2017
The U.S. Court of Appeals for the Third Circuit has upheld a Pennsylvania federal judge's dismissal of antitrust claims against GlaxoSmithKline over a patent infringement settlement with generic drugmakers allegedly aimed at delaying market entry of generic versions of the popular antidepressant Wellbutrin XL.
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By Shepard Goldfein and James Keyte | August 7, 2017
Antitrust Trade and Practice columnists Shepard Goldfein and James Keyte write: Although there was no meaningful proposal by Congress during the Obama administration to re-write the antitrust laws to make big "bad" once again, to regulate the pricing of lawful monopolists, or to use the antitrust laws as a tool for social and economic engineering, harkening back to the trust-busting days of old, the 2018 midterm elections beckon, and Congressional Democrats do not want to miss the populist wave a second time.
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By Jenna Greene | August 3, 2017
In late June, I wrote a column headlined “No Pressure Beth—Just $12 Billion on the Line as Containerboard Class Action Gets Closer to Trial.” The Wilkinson Walsh + Eskovitz founding partner delivered—big time.
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By Todd Cunningham | August 2, 2017
Reversals for Google in the European Union and Canada could provide a ray of hope for newspaper publishers hoping to secure an antitrust exemption in order to form a united front in negotiating with Google and Facebook.
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By Carl W. Hittinger and Tyson Y. Herrold | July 28, 2017
In June, we discussed the Trump administration's candidate for the top post in the Department of Justice's Antitrust Division: Makan Delrahim. During Delrahim's confirmation hearing, Sen. Amy Klobuchar pressed him, "What would you do, if you're in this job, if the president, or the vice president, or a White House staffer calls, and wants to discuss a pending investigation of an antitrust matter?" Delrahim responded, "The role of the assistant attorney general for antitrust is a law enforcement function," and that "politics will have no role in the enforcement of the antitrust laws." Delrahim's comment appeared to placate Klobuchar's present concerns about White House intercession or interference in pending antitrust investigations, although a confirmation vote by the full Senate is still pending. However, viewed historically, the constitutional role of the executive branch and the president in particular in dictating, directing and controlling antitrust enforcement policy is far more complex and nuanced. As is often the case, history provides the necessary context to answer thorny constitutional questions.
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By Charles Toutant | July 28, 2017
A suit filed in federal court in New Jersey accuses German luxury carmakers of colluding to sell their cars at inflated prices in the United States.
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By Katheryn Hayes Tucker | July 25, 2017
The NFL has shut down its cheerleaders' lawsuit over their skimpy paychecks.
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By Meghan Tribe | July 24, 2017
Juan Arteaga, a former associate and counsel at Simpson Thacher & Bartlett who most recently served as a deputy assistant attorney general for civil enforcement at the U.S. Department of Justice in Washington, D.C., has joined Crowell & Moring as an antitrust partner in New York.
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