Antitrust Law

Federal judge blocks merger of Humana and Aetna on antitrust grounds

In a victory for the U.S. Justice Department, a federal judge in Washington, D.C., has blocked Aetna’s proposed $37 billion acquisition of Humana. U.S. District Judge John Bates ruled on Monday that the merger would reduce competition among health insurers and violate antitrust law, report the National Law Journal (sub.…

Jan 23, 2017 1:22 PM CST

The tables turn as Democratic attorneys general prepare to challenge Trump policies

Taking a cue from their Republican counterparts, some Democratic state attorneys general are prepared to file lawsuits that challenge Donald Trump’s administration’s actions. An argument advanced by Republicans—that states must help block federal overreach—is now likely to be adopted by Democrats, the New York Times reports. “The strategy could be…

Dec 15, 2016 10:40 AM CST

Gun-control groups join BigLaw coalition; seven firms are on board so far

Seven well-known law firms have agreed to provide tens of millions of dollars in free legal services to gun-control groups, and several more firms are expected to join the effort in coming months. A New York Times DealBook article identifies the law firms as: Paul, Weiss, Rifkind, Wharton & Garrison;…

Dec 7, 2016 10:02 AM CST

Supreme Court drops ATM fee cases because of a switch in arguments

The U.S. Supreme Court on Thursday dropped two antitrust cases involving ATM fees and explained the reason why. The court said (PDF) it dismissed the consolidated cases as improvidently granted because lawyers for Visa and MasterCard switched arguments after the court granted cert, report Lyle Denniston Law News, SCOTUSblog and…

Nov 18, 2016 10:23 AM CST

In some business decisions, Obama’s judicial appellate appointees shift law to the left

Federal appeals judges appointed by President Obama make up a little less than a third of active circuit court judges, and their influence is beginning to have an impact in some business-related cases. Since 2009, 55 of Obama’s appellate appointees have been confirmed, and 31 replaced replaced judges appointed by…

Nov 2, 2016 7:00 AM CDT

Federal judge chastises FTC for threatening to ‘pick up its marbles’ and play in other venues

A federal judge in Philadelphia is criticizing the Federal Trade Commission for threatening “to pick up its marbles and play in venues more to its liking.” U.S. District Judge Paul Diamond scolded the FTC in its case contending drug makers had entered into agreements to delay producing two generic drugs,…

Oct 24, 2016 3:50 PM CDT

US didn’t prove AmEx merchant policies violated antitrust law, 2nd Circuit says

The federal government failed to prove that American Express violated antitrust law with policies that stopped merchants from encouraging customers to use other, lower cost credit cards, a federal appeals court has ruled. The New York-based 2nd U.S. Circuit Court of Appeals ruled on Monday, report Law.com (sub. req.), the…

Sep 27, 2016 10:51 AM CDT

Suit challenges Wisconsin’s minimum markup law

An oil company has filed a lawsuit challenging a Wisconsin law that bars companies from selling products below cost. The Krist Oil Co. and a Wisconsin consumer filed the suit with the aid of a nonprofit group called the Wisconsin Institute for Law and Liberty, report NPR, the Wisconsin State…

Aug 24, 2016 12:39 PM CDT

Four Cadwalader lawyers jump to Paul Weiss, including antitrust rainmaker Rick Rule

Four antitrust partners at Cadwalader are jumping to Paul, Weiss, Rifkind, Wharton & Garrison, including the chair of Cadwalader’s antitrust practice, Charles “Rick” Rule. Rule was also Cadwalader’s litigation chair and the managing partner of its Washington, D.C., office, report Law.com, the New York Times and Bloomberg Big Law Business.…

Aug 5, 2016 11:20 AM CDT

US sues to block two major health-insurer mergers, would like cases tried together

The U.S. Justice Department on Thursday filed antitrust lawsuits seeking to block two major health-insurer mergers. The suits challenge Anthem Inc.’s proposed acquisition of Cigna Corp. and Aetna Inc.’s planned merger with Humana Inc., report the New York Times, the Wall Street Journal (sub. req.), the Washington Post and Law.com.…

Jul 22, 2016 10:00 AM CDT

Law firms are ‘implicated’ in rise of inequality, says ‘Saving Capitalism’ author Robert Reich

The author of Saving Capitalism: For the Many, Not the Few doesn’t want to go so far as to say that large law firms are complicit in the rise of inequality. “Complicit is a strong word,” author Robert Reich tells the American Lawyer (sub. req.). “They’re definitely implicated. The structure…

Jul 22, 2016 8:00 AM CDT

2nd Circuit tosses $7.25B swipe-fee settlement; concurring judge calls it a ‘confiscation’

A federal appeals court has overturned a $7.25 billion antitrust settlement because some retailers got a bad deal in a suit challenging swipe fees charged by Visa and MasterCard. The New York-based 2nd U.S. Court of Appeals tossed the deal in a Thursday opinion (PDF) after so many retailers opted…

Jul 1, 2016 10:40 AM CDT

Supreme Court to consider antitrust cases involving ATM fees

The U.S. Supreme Court on Tuesday agreed to decide whether consumers and operators of independent ATMs can sue over an alleged antitrust conspiracy to keep ATM fees high. The suits claim that Visa, MasterCard and their member banks conspired to fix access fees at ATMs that aren’t owned by the…

Jun 30, 2016 3:59 PM CDT

9th Circuit removes judge who slashed attorney fees from BarBri antitrust class action

A trial judge cannot simply cut by 70 percent the requested $1.9 million attorney fee award in a winning antitrust class action without providing a detailed explanation why he did so, a federal appeals court has ruled. A Wednesday opinion (PDF) by the San Francisco-based 9th U.S. Circuit Court of…

May 12, 2016 2:00 PM CDT

Staples and Office Depot merger blocked by judge; companies call off the deal

Office Depot and Staples have abandoned merger plans as a result of a federal judge’s decision on Tuesday to block the deal. U.S. District Judge Emmet Sullivan of Washington, D.C., granted a preliminary injunction because of antitrust objections raised by the Federal Trade Commission, report the Wall Street Journal (sub.…

May 11, 2016 9:47 AM CDT