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New York Law Journal

'A Better Deal' on Antitrust Enforcement: Can Democrats Catch the Populist Wave?

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.
21 minute read

Litigation Daily

Shout-Out: This is Why You Hire Beth Wilkinson

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.
19 minute read

The Recorder

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

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.
25 minute read

The Legal Intelligencer

Presidential Powers and Antitrust Politics: Part One

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.
9 minute read

New Jersey Law Journal

German Luxury Carmakers Hit With Price-Fixing Class Action Suit

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.
3 minute read

The Recorder

Cheerleaders Fail to Score With Billion-Dollar Lawsuit Against NFL

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

The American Lawyer

Crowell & Moring Adds Arteaga to Antitrust Ranks in New York

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.
26 minute read

The Recorder

In 'Courthouse Bug' Case, Judge Allows in Evidence

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.
6 minute read

New York Law Journal

Book Publishers Defeat Antitrust Appeals at Circuit

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.
10 minute read

Corporate Counsel

Report: Feds Still Eager to Use Prosecution Agreements, Monitoring

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

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