Competition

  • August 14, 2024

    Fed. Circ. Says Fla. Judge 'Misread' Precedent In Elfbar Row

    The maker of the popular Elfbar vape will get another shot at upending a court-imposed order banning it from selling under the "Elf" mark, the Federal Circuit ruled Wednesday, saying the district judge who ordered the injunction "misread" precedent and relied on a "deficient" legal analysis.

  • August 14, 2024

    Streaming Cos. Ask FCC To Gauge Fixed Broadband Market

    Video streamers and other edge providers hope to make one thing clear as the Federal Communications Commission dissects competition in the high-speed internet space — the fixed broadband service market is still dominated by a few heavyweights and more should be done to assess how the addition of new competitors affects individual markets.

  • August 14, 2024

    EU OKs Siemens' $3.8B Sale Of Innomotics To PE Firm KPS

    European Union antitrust enforcers signed off Wednesday on German tech conglomerate Siemens AG's plan to sell its Innomotics large motors and drives unit to New York City-based private equity firm KPS Capital Partners, finding that the deal, with an enterprise value of €3.5 billion ($3.9 billion), poses "limited" overlap concerns.

  • August 14, 2024

    Baker Botts, Sumner Schick Seek $14.3M In Fees For IP Win

    Baker Botts LLP and Sumner Schick LLP are seeking nearly $14.3 million in attorney fees plus almost $1.8 million in costs for representing Computer Sciences Corp. in a trade secrets dispute where the IT company won $168.4 million after a Texas jury found Tata Consultancy Services willfully misappropriated CSC's proprietary information.

  • August 14, 2024

    Oil Equipment Co. Says Ex-Workers Took Patent-Pending Tech

    An oilfield equipment company has taken two of its former workers and the competitor they left for to Texas federal court over claims the ex-employees absconded with its patent-pending oil valve technology and then shared it and other trade secrets with their new employer.

  • August 13, 2024

    Anesthesia Co. Says FTC Lacks Authority To Bring 'Rollup' Suit

    U.S. Anesthesia Partners has told the Fifth Circuit the Federal Trade Commission lacks authority to bring its case directly in federal court without also filing an administrative case accusing the group of monopolizing the Texas anesthesiology market.

  • August 13, 2024

    Texas Judge Exits X's 'Boycott' Suit Against Ads Group, Unilever

    A Texas federal judge overseeing litigation filed by Elon Musk's X Corp. accusing the World Federation of Advertisers, Unilever and others of conspiring to withhold advertising revenue from the company recused himself from the case Tuesday, following news reports that he owns stock in Tesla, another Musk-owned company.

  • August 13, 2024

    Anadarko Settles Wyo. Landowners' Antitrust Case For $12M

    Occidental Petroleum Corp. unit Anadarko Petroleum Corp. will pay $12 million to resolve a federal class action from Wyoming landowners accusing the extraction company of anticompetitively hoarding permits to block and control local oil and gas development, resolving the suit Monday — very nearly on the courthouse steps.

  • August 13, 2024

    Google Says Search Ruling Irrelevant To Common Carrier Suit

    A recent ruling from a D.C. federal judge that declared Google a monopolist in the general search market has nothing to do with the Ohio attorney general's bid to designate the search engine as a common carrier, Google told an Ohio state court judge.

  • August 13, 2024

    Entresto Release Delayed As Novartis Goes To Fed. Circ.

    A Delaware federal judge said Monday that Novartis is unlikely to prove that it's entitled to an injunction that would block MSN Pharmaceuticals from launching a generic version of its top-selling drug Entresto, but stayed the generic release briefly so Novartis could appeal to the Federal Circuit.

  • August 13, 2024

    9th Circ. Reverses Order Sending Insulin Suit To State Court

    The Ninth Circuit on Tuesday sided with CVS Caremark and Express Scripts, ruling that a lower court erred in 2023 when it agreed to send California's allegations of inflated insulin prices back to state court.

  • August 13, 2024

    New Realtor Complaint Challenges NAR's Membership Rule

    The National Association of Realtors is facing a new proposed class action, this time from Michigan real estate brokers and agents challenging state and local requirements that they be members of local and national Realtor organizations to use the association's multiple listing services.

  • August 13, 2024

    DOD Says Missing License Is Needed To Dispute $1B Fuel Deal

    The Defense Logistics Agency has urged the Court of Federal Claims to toss a protest alleging a $1 billion African fuel supply deal requires a license that can only be secured through bribery, saying not already having the license dooms the protester's case.

  • August 13, 2024

    Kroger Blasts FTC's 'Head-To-Head' Competition Claims

    Kroger and Albertsons have assailed the Federal Trade Commission's challenge to their merger, telling an Oregon federal judge that there's no need to preliminarily block the deal because the agency is pushing a "never before applied" theory that reducing head-to-head competition is illegal, which the grocery stores said is undone by the law and the companies' planned divestiture of 579 stores.

  • August 13, 2024

    Ex-Pro Says $2B NCAA Deal Undercuts Collective Bargaining

    Former NBA player David West and his attorney have joined a growing chorus of opposition to the NCAA's more than $2 billion proposed name, image and likeness settlement with college athletes, arguing it circumvents collective bargaining.

  • August 13, 2024

    3D Printing Co. Investor Wants Merger With Israeli Co. Blocked

    An investor of 3D printing solutions company Desktop Metal Inc. is attempting to stop the company's proposed merger with Israeli manufacturing firm Nano Dimension Ltd., saying Desktop Metal's deficient proxy statement shows only benefits for the company's executives and directors.

  • August 13, 2024

    HP Inks Deal To End Claims Printer Update Locked Out Rivals

    HP Inc. and a certified class of consumers told a California magistrate judge Monday that they have reached a settlement in principle to resolve a class action alleging the printer maker illegally forced customers to purchase overpriced HP-branded ink and toner supply cartridges by making alternative products incompatible with their printers.

  • August 13, 2024

    Congress Didn't Want Utility-Style Internet Regs, 6th Circ. Told

    Internet service providers urged the Sixth Circuit to deep-six the Federal Communications Commission's recent decision to reclassify broadband as a telecommunications service and impose net neutrality rules, saying Congress never intended that change even under the broadest reading of federal law.

  • August 13, 2024

    Flyers Denied Standing To Stop Alaska-Hawaiian Airlines Deal

    A Hawaii federal judge has tossed an antitrust lawsuit seeking to block Alaska Airlines' proposed merger with Hawaiian Airlines, saying a group of airline passengers and travel agents spearheading the lawsuit haven't alleged any concrete harm from the would-be merger.

  • August 13, 2024

    Ontario Athlete Fights NCAA Ban On Junior Hockey Players

    The NCAA conspires to control the youth hockey market by barring anyone who has played in professional hockey's top junior league from playing in college, junior player Rylan Masterson claims in a proposed class action against the NCAA and 10 major-college programs.

  • August 13, 2024

    Eateries Can't Stop $75M Settlements In Chicken Antitrust Suit

    An Illinois federal judge granted final approval Tuesday to $75 million in settlements between direct chicken purchasers and House of Raeford Farms and Koch Foods in a massive consolidated price-fixing case, denying an objection by restaurants, which he said could not second-guess class counsel's decisions after failing to opt out.

  • August 13, 2024

    Lenovo Gets Partial Victory In Patent Suit Information Fight

    A federal court has ordered technology company InterDigital to hand over certain records to Lenovo as part of a patent infringement suit, reasoning that the latter company met the pleading standards under North Carolina law.

  • August 13, 2024

    FTC Says Fix In Epic's Google Case Should Spur Competition

    The Federal Trade Commission has told a California federal court that it has the power to impose a wide range of remedies after a jury found that Google violated antitrust law through its app store policies and urged the court to reject Google's concerns about the proposed changes.

  • August 13, 2024

    FTC Makes 2nd Request In Review Of Medical Device Co. Deal

    Medical device company Surmodics Inc. disclosed Monday that federal regulators are taking a closer look at its agreement to be acquired by private equity giant GTCR in a $627 million deal.

  • August 13, 2024

    BCLP Adds EX-FTC Attorney To Antitrust Team In DC

    Bryan Cave Leighton Paisner LLP said Tuesday that a senior attorney at the Federal Trade Commission had joined its Washington office as a partner in its antitrust and competition practice.

Expert Analysis

  • Antitrust In Retail: The Meaning Of 'Accessible Luxury'

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    In order for the Federal Trade Commission to block a deal that would put six "accessible luxury" brands, including Coach and Michael Kors, under one roof, the agency will need to prove that this category is distinct from the true luxury or mass-market categories, says David Kully at Holland & Knight.

  • 4 Important Events In Bank Regulation: A Midyear Review

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    The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.

  • FTC Focus: Competition And The Right To Repair

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    If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • The Current State Of Healthcare Transaction Reviews In Calif.

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    As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Behind The Stagecoach Boundary Fare Dispute Settlement

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    The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.

  • What Companies Should Consider Amid Multistate AG Actions

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    The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

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