Antitrust

  • The Recorder

    Google's Flash of Vulnerability Gives News Publishers Reason for Hope

    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.

  • The Legal Intelligencer

    Presidential Powers and Antitrust Politics: Part One

    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.

  • New Jersey Law Journal

    German Luxury Carmakers Hit With Price-Fixing Class Action Suit

    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.

  • The Recorder

    Cheerleaders Fail to Score With Billion-Dollar Lawsuit Against NFL

    By Katheryn Hayes Tucker | July 25, 2017

    The NFL has shut down its cheerleaders' lawsuit over their skimpy paychecks.

  • The American Lawyer

    Crowell & Moring Adds Arteaga to Antitrust Ranks in New York

    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.

  • The Recorder

    In 'Courthouse Bug' Case, Judge Allows in Evidence

    By Ross Todd | July 19, 2017

    Defense lawyers lost out on their bid to suppress wide swaths of evidence federal agents gained after planting recording devices outside the San Mateo County courthouse in 2009 and 2010.

  • New York Law Journal

    Book Publishers Defeat Antitrust Appeals at Circuit

    By B. Colby Hamilton | July 17, 2017

    The suits were filed by independent publishers in response to the Second Circuit's earlier ruling that Apple and five publishing companies, all of whom were party to the current suit, had conspired when they simultaneously switched from a wholesale business model to an agency pricing model, but the court agreed that neither company could attribute its demise to the unlawful conspiracy.

  • Corporate Counsel

    Report: Feds Still Eager to Use Prosecution Agreements, Monitoring

    By Sue Reisinger | July 17, 2017

    A new report from Gibson, Dunn & Crutcher shows that NPAs and DPAs, as well as monitoring, are still popular tools for government prosecutors.

  • 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.

  • 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.

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