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Competition
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Featured
All Merger Fixes 'Should Be On Table,' FTC's Holyoak Says
One of the Federal Trade Commission's Republican members on Thursday signaled a significant softening of the Biden era's tough stance against merger remedies meant to fix otherwise problematic mergers is likely once the GOP takes the majority at the agency.
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November 22, 2024
DC RealPage Antitrust Suit Will Get New Judge In 2025
The District of Columbia's case accusing a slew of landlords of using property management platform RealPage to fix the price of rentals is proceeding on schedule, but the judge who has been overseeing the case is going to be handing the matter off to another at the end of the year.
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November 22, 2024
Capital One 'Abuses' Cast Pall Over Discover Deal, Dems Say
As the Biden administration winds down with Capital One's bid to buy Discover Financial still pending, progressive Democrats led by Sen. Elizabeth Warren and Rep. Alexandria Ocasio-Cortez are putting renewed pressure on federal bank regulators reviewing the deal.
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November 22, 2024
Bondi Vowed Trump Payback. Ex-Colleagues Aren't Worried.
U.S. attorney general nominee Pam Bondi is an outspoken ally of President-elect Donald Trump and vowed during the campaign that his "prosecutors will be prosecuted," but people who've worked with her say she's well qualified to serve as the nation's top cop and downplayed concerns that she would politicize the U.S. Department of Justice.
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November 22, 2024
1st Circ. Affirms Volvo Win In Dealers' Maintenance Pay Suit
The First Circuit affirmed a pretrial win granted to Volvo in a suit brought by two dealerships claiming the carmaker was underpaying them for maintenance they perform under prepaid service plans.
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November 22, 2024
Taxation With Representation: Stradley Ronon, Davis Polk
In this week's Taxation With Representation, Amcor PLC buys Berry Global Group Inc., AeroVironment buys BlueHalo, Robinhood Markets Inc. acquires TradePMR, and Comcast Corp. spins off a suite of NBCUniversal cable television networks.
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November 22, 2024
CAT Approves £7B Google Claim Over Apple Search Monopoly
The Competition Appeal Tribunal gave the green light on Friday to a consumer advocate's attempt to bring a £7 billion ($8.7 billion) class action against Google over claims the tech giant has blocked competitors from entering the search engine market on Apple products.
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November 22, 2024
DirecTV Scraps Dish Merger After Bondholder Rejection
DirecTV is abandoning a plan to purchase EchoStar's video distribution business Dish DBS, including Dish TV and Sling TV, after Dish DBS' bondholders rejected a proposed exchange debt offer that was required to seal the deal.
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November 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.
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November 22, 2024
Viatris Fined £1.5M For Failing To Comply With CMA Order
The Competition and Markets Authority said Friday that it has fined U.S. healthcare company Viatris Inc. £1.5 million ($1.9 million) for breaching an order as the regulator reviewed a deal it had inked with Theramex, a U.K. pharmaceutical business.
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November 21, 2024
Messi Drink's Look A 'Blatant' Copy, Logan Paul's Co. Says
Social media influencer Logan Paul's sports beverage company Prime Hydration has struck back at the maker of White Claw over its new beverage collaboration with soccer legend Lionel Messi, saying in a New York federal court filing that the "blatant copying" of their Prime product's trade dress has already created consumer confusion.
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November 21, 2024
Cherokee Look To Block Voter Group In Casino Mandate Row
Two Cherokee Nation businesses suing Arkansas over a constitutional amendment revoking one of the tribal entities' casino gambling licenses want a federal judge to deny a bid to intervene in their suit by the group responsible for placing a ballot question before voters that repealed the license.
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November 21, 2024
Tempur Gave UK Co. 'Total Autonomy' Post-Merger, CEO Says
The CEO of a United Kingdom-based mattress company acquired by Tempur Sealy in 2021 told a Houston federal judge Thursday that his new parent company has provided him "total autonomy" since the acquisition.
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November 21, 2024
DOJ Search Fixes Would Remake Google, Break Off Chrome
To give rival search engines a fighting chance against Google's illegal monopoly and its massive data and structural advantages, the Justice Department asked a D.C. federal judge Wednesday for sweeping changes that would divest the Chrome browser, open up Android devices and guarantee access to underlying search data.
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November 21, 2024
Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick
President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.
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November 21, 2024
In Tight Vote, Senate Panel OKs Bill To Set New PTAB Limits
The Senate Judiciary Committee on Thursday narrowly voted to advance a bill that would impose new restrictions on Patent Trial and Appeal Board challenges, with several members expressing concern that it could drive up the cost of prescription drugs.
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November 21, 2024
3 Firms Guide $370M Investment In Hospitality Co Lighthouse
Travel and hospitality platform Lighthouse, steered by Paul Weiss and Latham & Watkins, has received $370 million in a Series C investment round led by Gibson Dunn-advised private equity firm KKR that will be used to "drive continued product innovation," the company announced Thursday.
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November 21, 2024
Nurse Staffing Exec Can't Trim Fraud Charge In Antitrust Case
A Nevada federal court has refused to dismiss fraud charges against a home healthcare staffing executive accused of fixing nurses' wages and hiding a probe of the scheme when selling the business, and also refused to exclude statements the executive made during an FBI interview.
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November 21, 2024
Grayscale Says Rival In $2M Suit Misled Bitcoin Investors
Digital asset management firm Osprey Funds LLC "engaged in the same conduct" for which it is suing Grayscale Investments LLC in Connecticut state court, Grayscale said in defending itself against a $2 million lawsuit from its smaller rival while also countersuing for violation of the Connecticut Unfair Trade Practices Act.
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November 21, 2024
NASCAR Rule Change Results In Dropped Injunction Appeal
A pair of NASCAR teams, one of which is owned by Michael Jordan, that sued the stock car racing company over allegedly anticompetitive practices have dropped their expedited appeal of a denied injunction after NASCAR removed a controversial antitrust release clause from its contracts.
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November 21, 2024
PE Posting Near-Record Megadeal Numbers, Report Shows
Private equity dealmaking has built significant momentum this year, notching respectable deal volume and posting a record number of megadeals over $5 billion, according to a new report from S&P Global Market Intelligence.
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November 21, 2024
White & Case Guides Mediaocean On $525M Innovid Buy
Private equity-backed advertising company Mediaocean said Thursday it has agreed to buy software platform Innovid for roughly $525 million, with White & Case LLP and Latham & Watkins LLP steering the deal as legal counsel.
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November 21, 2024
Gaetz Ends AG Bid, Citing 'Distraction' To Trump Transition
Former U.S. Rep. Matt Gaetz withdrew his name from consideration Thursday as President-elect Donald Trump's nominee for attorney general amid allegations of sexual misconduct and drug use.
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November 21, 2024
CMA Escalates Inquiry Into Poultry Feed Suppliers Merger
Britain's antitrust authority referred the proposed acquisition by Boparan, a British restaurant group, of two pig feed mills for a deeper, second phase of investigation on Thursday after an earlier probe found that the deal could harm competition in parts of the country.
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November 21, 2024
Biden's FCC Chair Stepping Down From Agency Jan. 20
The Democratic head of the Federal Communications Commission said Thursday she will be leaving the agency on Jan. 20.
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November 21, 2024
DOJ Urges Chrome, Android Sales In Google Case
The U.S. Department of Justice late Wednesday formally asked a Washington, D.C., federal judge to order a range of steps to end Google's monopolization of general search services and the text ads shown alongside search results, most notably by forcing the company to spin off the Chrome browser.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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OpenAI's Patent Pledge Is Not All It Seems
A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Marching In On Orange Book Drugs May Have Limited Effect
Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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How To Prepare For Expanded HSR Notification Process
Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.