GCR USA - 22 January 2019
The government shutdown has now lasted over a month. A large chunk of operations at the Federal Trade Commission and the Department of Justice have stalled, while nearly all of their employees have forgone their monthly pay, with the apparent exception of political appointees. Speaking of political appointees, former US attorney general Eric Holder turned 68 yesterday. The Covington & Burling partner is rumoured to be mulling a run for the White House in 2020.
GCR USA - 18 January 2019
We’ve got coverage of a lot of action in the healthcare and pharmaceutical industry today. United HealthCare is suing multiple drug makers for price fixing, while biopharmaceutical company Retrophin is trying to get monopolisation charges against it dropped. We also report ahead of Qualcomm’s continued defence against allegations by the Federal Trade Commission, and have detail of former House antitrust subcommittee chairman Tom Marino’s resignation from Congress. We’ll be back in your inboxes on Tuesday after Martin Luther King Day.
GCR USA - 17 January 2019
Former Sidley Austin associate Michelle Robinson turns 55 today. Robinson, who worked at the firm for three years beginning in 1988, was part of a team that represented AT&T in its hostile takeover bid for NCR and acted for Union Carbide against a challenge from the Federal Trade Commission as it sought to make a sale to Arco. Robinson would later mentor one of the firm’s summer associates – Barack Obama – whom she married in 1992.
GCR USA - 16 January 2019
When the Senate judiciary committee gave Jeff Sessions a hearing on his nomination to be attorney general, pretty much the only people who asked about antitrust were the chairman and highest-ranking Democrat of the relevant subcommittee. A little more than two years later, several senators had a lot to say on the topic.
GCR USA - 15 January 2019
Today marks the halfway point in the Federal Trade Commission’s trial against Qualcomm, and the agency has started bringing in expert witnesses, two of whom testified yesterday. Today is the FTC’s last day before it rests its case, yielding the floor to Qualcomm. Also, Judge Richard Leon continues his standoff with the Department of Justice’s antitrust division and Congressional Democrats have demanded information about price increases and market shares from 12 pharmaceutical companies.
GCR USA - 14 January 2019
The US capital is shut down today not just by the lack of appropriations to fund the government, but also by nature, after almost a foot of snow fell over the weekend. We have stories about how the longer-running shutdown is affecting merger work and also on competing testimonies from Apple and Qualcomm executives at the Federal Trade Commission v Qualcomm trial in California.
GCR USA - 11 January 2019
The briefing today includes a GCR USA Analysis from the upcoming quarterly magazine, which takes up the theme of intellectual property and antitrust. We also cover the au pair settlement, more shutdown woes and what Apple claims to want in a board member.
GCR USA - 10 January 2019
Justice Brett Kavanaugh’s first opinion at the Supreme Court decided that the gateway issue of arbitration in antitrust cases should be decided by arbitrators and not judges. In other news, the Federal Trade Commission trial against Qualcomm is in recess until tomorrow, but Apple is denying claims by the chipmaker that it broke their business patent agreement by responding to requests by FTC investigators.
GCR USA - 09 January 2019
President Richard Nixon, who was born 106 years ago today, fathered arguably the most controversial antitrust settlement in US history: the Department of Justice’s approval of International Telephone & Telegraph’s acquisition of Hartford Fire Insurance. According to a leaked memo at the time, ITT pledged up to $400,000 to finance the 1972 Republican National Convention and abandoned its purchase of two other companies. White House recordings revealed President Nixon telling a deputy attorney general to “stay the hell out of” the ITT thing. Asked whether ITT’s president had money, the US president replied, “Oh God yes, does he ever. That’s part of this ballgame…” The whole episode ultimately spawned the Tunney Act to ensure public scrutiny and judicial oversight for antitrust settlements.
GCR USA - 08 January 2019
The Federal Trade Commission called four witnesses to the stand in its trial against Qualcomm yesterday, with starring testimony from a Huawei executive claiming that Qualcomm’s royalties are too high. Meanwhile, the director of the Center for Class Action Fairness is contesting proposed settlements with American Airlines and Southwest Airlines; LG and Samsung Electronics reject claims that they conspired to fix employee wages; and the government wants to have a say in the Viamedia v Comcast appeal.
Cormac O'Daly and Frédéric Louis
Martin Sura and Kim Lars Mehrbrey
Gonçalo Machado Borges
Morais Leităo Galvăo Teles Soares da Silva & Associados (Lisbon)