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