GCR USA - 02 May 2017
How does a lawyer decide to take on a David versus Goliath case such as that brought by competitors against General Electric on monopolisation grounds – a notoriously difficult claim to prove under current antitrust law?
GCR USA - 30 December 2016
Antitrust cases rarely make it all the way to trial, and even more rarely give a jury the opportunity to return a verdict.
GCR USA - 03 October 2016
There may be no better exponents of how difficult it was to win reversal of a lower court’s ruling against American Express than those who oppose the appellate court’s decision.
GCR USA - 22 August 2016
Lawyers defending a trio of Chinese solar panel makers had good news and bad news: they got a bankrupt US competitor’s lawsuit, claiming that the companies had colluded on “unreasonably low prices”, kicked out of Michigan federal court, even though a similar complaint in California federal court had survived their motion to dismiss. Next up: the Michigan plaintiff appealed against its loss, and cited the contrary California decision.
GCR USA - 23 May 2016
Unusually, Latham & Watkins partner Dan Wall was able to defeat two requests for preliminary injunctions in separate cases within the same week earlier this month. For that, he's our Litigator of the Week.
GCR USA - 19 May 2016
Last week, Latham & Watkins fended off an attempt by cranberry growers to sue Ocean Spray on a class-wide basis for allegedly suppressing the market price for cranberry concentrate.
GCR USA - 25 February 2016
When a federal judge ruled last week that price-fixing claims against a group of building material companies can go before a jury, he made one exception.
GCR USA - 12 January 2016
Kicking a complaint on a motion to dismiss, without giving the plaintiffs an opportunity to fix its flaws, is not standard procedure in antitrust law and has been known to draw a critical eye from appellate courts. But Judge Katherine Forrest evidently had the confidence to do so last week after her questions were answered in four hours of oral argument by attorneys for the banks accused of conspiring to monopolise and inflate zinc prices.
GCR USA - 02 July 2015
Thanks to Ballard Spahr antitrust partner Leslie John, plaintiffs alleging GlaxoSmithKline used reverse-payment settlements to delay generic versions of antidepressant drug Wellbutrin can no longer move forward as a group.
GCR USA - 13 May 2015
Going to trial against the Department of Justice’s antitrust division – especially after it has already collected guilty pleas and convictions from everyone else accused in a cartel – takes moxie.
Frédéric Louis and Cormac O'Daly
Joseph Ostoyich, Erik Koons and William Lavery
Baker Botts LLP
Thomas Graf and Alexander Waksman
Cleary Gottlieb Steen & Hamilton LLP