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Competition
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Featured
'No Question' Google Faces Ad Tech Competition, Judge Says
The Virginia federal judge weighing the fate of Google's display advertising placement technology signaled potential trouble for the Justice Department on Friday, during a dramatic last day of the bench trial where she suggested the market is as competitive as the search giant maintains.
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October 03, 2024
ISPs Insist FCC Overstepped With Net Neutrality Rules
Internet service providers told the Sixth Circuit it should reject the Federal Communications Commission's recently passed net neutrality rules because the FCC has failed to show that Congress gave it the authority to regulate broadband as a telecom service.
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October 03, 2024
Lowe's Staves Off Defamation Claim In Vendor's Contract Suit
A home accents company accusing Lowe's of maligning its reputation with allegedly unsubstantiated claims about defective products and its financial health can't pursue defamation against the home improvement giant, North Carolina's business court has ruled.
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October 03, 2024
Leading Lights Of The Supreme Court Bar's Next Generation
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Startup Undercuts Its Case In Trade Secrets Brief, AIG Says
A group of AIG insurers told a New Jersey federal court that a competitor insurance startup they've accused of misappropriating their trade secrets undercut its own arguments for dismissal by citing a case that "does nothing to undermine the many cases" AIG has previously cited in opposition.
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October 03, 2024
High Court Told Bid-Rigging Conviction Was Rightly Tossed
A former Contech executive urged the U.S. Supreme Court to reject the government's effort to revive his bid-rigging conviction, saying enforcers are asking for a rule that would make common agreements between manufacturers and distributors vulnerable to legal challenge.
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October 03, 2024
Texas Takes Aim At Insulin Manufacturers For Price-Gouging
Texas sued several major insulin manufacturers and pharmacy benefit managers in Texas state court on Thursday, accusing the companies of running quid pro quo deals to bump insulin prices by as much as 1,000% and violating Texas laws around deceptive trade practices.
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October 03, 2024
Texas Says TikTok Violates Online Parental Controls Law
The state of Texas sued TikTok and its affiliates in state court, alleging Thursday that the social media site violates the state's Securing Children Online through Parental Empowerment Act by distributing and selling children's personal data without parents' consent.
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October 03, 2024
Ex-Manager Agrees To Protect Security Co.'s $85M Biz Book
A Connecticut federal judge has rubber-stamped a promise by the American arm of international security firm Prosegur to wipe information from its computers allegedly uploaded by a newly hired senior vice president the company poached from a rival, including a book said to detail $85 million in competing business.
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October 03, 2024
NCAA's Refined NIL Settlement Still Faces Opposition
The fight to approve a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules grew tougher this week as a new group of athletes voiced their opposition to the deal's "illusory, contradictory and overreaching" terms.
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October 03, 2024
Sens. Question If Payouts Taint Execs' Push For US Steel Deal
Two U.S. senators wrote to U.S. Steel's president and CEO on Wednesday seeking guarantees that a $72 million "golden parachute" deal wasn't driving the executive's willingness to support a $14.1 billion merger with Japanese steelmaker Nippon Steel.
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October 03, 2024
CVS Pushed To Unwind Aetna Megadeal, And Other Rumors
CVS is exploring strategic options that could break up the business, Kleenex's owner explores a sale at a potential $4 billion value, and Ares is in talks to buy 10% of the Miami Dolphins’ parent. Here, Law360 breaks down this and other notable deal rumors from the past week.
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October 03, 2024
Cutrale Family Fails To Crush Orange Juice Cartel Claims
A London appeals court refused to strike over 1,300 claims from Brazilian orange farmers who allege the father and son at the helm of juice giant Cutrale participated in a price-fixing cartel, saying the family can defend the claims at trial by arguing they weren't brought in time.
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October 03, 2024
CMA Probes £9M Buy Of Troubled Rival's Assets By Tiles Biz
Britain's antitrust regulator said on Thursday that it is investigating the £9 million ($12 million) acquisition by tiling retail chain Topps Tiles of some assets belonging to a troubled rival, which went into administration in August.
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October 02, 2024
Kroger Partner Denies At Trial It Will Flip Acquired Stores
The grocery wholesaler set to take on hundreds of stores if Kroger's $25 billion merger with Albertsons goes through defended its ability to meet the challenge Wednesday, with its CEO and a potential executive testifying in parallel proceedings in Colorado and Washington state.
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October 02, 2024
DOJ Says Info Sharing Alone Can Violate Law In Pork Case
The U.S. Department of Justice told the court overseeing a case accusing major pork producers of colluding to raise prices the exchange of competitively sensitive information, even in aggregated form, can violate the antitrust laws.
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October 02, 2024
Epic's Samsung, Google Cases Over Play Store Linked
The judge mulling what changes Google will have to make after a jury found its Play Store policies violate antitrust law will also oversee a new case filed by Epic Games accusing Samsung of helping Google preemptively undermine any fix imposed by the court.
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October 02, 2024
Wi-Fi Has All The Spectrum It Needs, Mobile Group Says
Wi-Fi performance gains won't come from more unlicensed spectrum use, a new report commissioned by telecommunications trade group CTIA said Wednesday.
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October 02, 2024
Google Hit With Renewed Voice Assistant Antitrust Case
Sensory Inc. has accused Google of illegally maintaining its monopolies over search and the advertising that appears alongside search results in part by blocking rival voice assistant products from running on Android and other devices.
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October 02, 2024
2nd Circ. Won't Nix Amazon Awards Against Chinese Sellers
A pair of Chinese third-party sellers were unable to convince the Second Circuit to vacate arbitral awards favoring Amazon after the sellers allegedly bribed customers for positive reviews, with the appeals court rejecting their argument that the arbitrators manifestly disregarded the law.
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October 02, 2024
Avadel Tells Fed. Circ. It Should Be Free To Test Sleep Drug
Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.
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October 02, 2024
NC Judge Ends NIL Ban For State's Public School Athletes
North Carolina public school athletes can now be compensated for their name, image and likeness, thanks to a preliminary injunction granted by a state judge that overturned a ban by the state board of education.
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October 02, 2024
Enviro Groups Step Up Effort To Block JBS' US Listing
Eighteen sustainability-focused investor groups are urging the U.S. Securities and Exchange Commission to reject a potential U.S. stock listing by Brazilian meat conglomerate JBS SA, alleging the company is misleading the public regarding climate risks posed by its operations.
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October 02, 2024
Top 3 Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 100 times in September on the FCC's effort to clamp down on scam robocalls, rules to spur broadband deployment, revamping the 4.9 gigahertz airwaves, satellite spectrum and more.
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October 02, 2024
Settlement Talks Fizzle As Soccer Antitrust Fight Plows Ahead
Hopes for a quick resolution in the antitrust brawl between the U.S. Soccer Federation and promoter Relevent Sports LLC seem dashed as the two sides informed a New York federal judge that settlement talks have stalled.
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October 02, 2024
Ex-Airline Exec Sentenced To 32 Months For $32M Scam
A New York federal court has handed down a 32-month prison sentence to a businessman who confessed to a conspiracy to defraud his former employer, Polar Air Cargo Worldwide Inc., of more than $32 million.
Editor's Picks
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FTC Gears Up For Busy 2024 Merger Summer & Fall
U.S. antitrust enforcers at the Justice Department and the Federal Trade Commission are gearing up for busy months ahead against multibillion-dollar mergers in the grocery and luxury handbags spaces, while also adjusting to a hospital loss turnaround and bracing for an important airlines deal appellate ruling.
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Enforcers Push Antitrust Agenda, Brace For Google Ruling
The first half of 2024 was marked by U.S. antitrust enforcers' pursuit of groundbreaking cases alleging anticompetitive conduct.
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FTC's Bedoya Says Labor Concerns In Mergers Matter
Federal Trade Commissioner Alvaro Bedoya said Friday that it's important for enforcers to consider the impact mergers can have on labor, even if they never did in the past, contending that concentration can lead to lower wages and dangerous working conditions.
Expert Analysis
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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8 Issues AI Firms May Encounter As M&A Action Accelerates
As the AI merger climate heats up, potential complications may arise, including antitrust scrutiny, talent retention agreements, and aggressive and protective deal terms intended to compensate for lofty valuations, say Scott Schwartz and Kishan Barot at Manatt.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Takeaways From Novo Nordisk's Fight For Market Exclusivity
Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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What PCOAB's Broadened Liability Rule Means For Auditors
The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.