Competition

  • December 17, 2024

    Tubi Says Keller Postman Kept Its Clients In The Dark

    Most of the people named in now-dropped arbitration demands filed by Keller Postman LLC against streaming service Tubi didn't know what the claims were or even that the firm purported to represent them, Tubi has told a Washington, D.C., federal judge.

  • December 17, 2024

    Canadian Gets 2 Years For Stealing Secrets Tesla Bought

    A New York federal judge on Monday sentenced a Canadian businessman to two years in prison after he pled guilty to charges he helped his Chinese business partner use trade secrets from his former employer that was acquired by Tesla in 2019.

  • December 17, 2024

    Quinn Emanuel, Keller Postman Want To Lead Live Nation Suit

    Quinn Emanuel Urquhart & Sullivan LLP and Keller Postman LLC attorneys told a California federal court that they are best suited to represent proposed classes of consumers accusing Live Nation and Ticketmaster of monopolizing the ticketing services space, saying they "developed the heart" of the consumers' claims.

  • December 17, 2024

    Telecom Seeks Win In DC Schools Network Bidding Challenge

    A D.C. federal judge on Tuesday scrutinized Allied Telecom’s claims that the D.C. public school system flouted federal law by tapping one its own agencies to provide network services, questioning whether the preemption claims are the Northern Virginia telecom’s only avenue for bringing its challenge.

  • December 17, 2024

    Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit

    A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.

  • December 17, 2024

    FTC, Meta Fight Over Monopolization Trial Limits

    Meta Platforms and the FTC are butting heads about how to structure the trial they are hurtling toward in April in D.C. federal court over the agency's monopolization claims, trading barbs Tuesday and trying to make their cases for how they think the multiweek trial should look.

  • December 17, 2024

    Sandoz Cuts $275M Deal For More Price-Fixing Claims

    Swiss drugmaker Sandoz said Tuesday it has reached a $275 million settlement to end claims from consumers, insurers and others in the sprawling multidistrict litigation over alleged price-fixing in the generic-drug industry.

  • December 17, 2024

    DOJ Antitrust Division Head Kanter Stepping Down Friday

    The head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, announced his imminent departure Tuesday, leaving the agency after a little over three years and with a legacy of dramatically ramped-up monopolization enforcement, an extremely low tolerance for potentially problematic transactions and more aggressive criminal enforcement.

  • December 17, 2024

    Mountain West Conference Hit With New Suit Over Exit Fees

    Two schools sued the Mountain West Conference on Tuesday, alleging its punishing exit fees are stifling its ability to join the rival Pac-12 Conference, echoing Pac-12's antitrust case against Mountain West over supposed efforts to stifle Pac-12 recruitment.

  • December 17, 2024

    T-Mobile-UScellular Link Will Help Consumers, Think Tank Says

    A free-market think tank is urging the federal government to clear the way for T-Mobile's $4.4 billion purchase of UScellular's wireless operations, saying in a new report that because the smaller UScellular poses no real competitive threat to T-Mobile, the deal could carry significant consumer benefits through increased competition.

  • December 17, 2024

    Visa Says 'Contradictory' Debit Card Market Dooms DOJ Suit

    Visa Inc. formally asked a New York federal judge Monday to nix the U.S. Department of Justice monopolization lawsuit accusing it of paying off would-be debit network rivals and penalizing the use of alternate payment systems, arguing the government cannot mix-and-match its way into claiming the company holds a dominant market share.

  • December 17, 2024

    Texas Judge Won't Pause Block Of Corp. Transparency Law

    A Texas federal judge on Tuesday denied the government's request to stay his nationwide block of a corporate transparency law while an appeal is pending, saying his view that Congress lacks the constitutional authority to enact the legislation is likely to prevail at the Fifth Circuit.

  • December 17, 2024

    Stanford Profs Say Roche's Trade Secret Claims Time-Barred

    Stanford University's trustees and three of its professors have asked a California federal court to dismiss trade secret theft claims bought by subsidiaries of F. Hoffmann-La Roche AG, arguing that the allegations are time-barred because the companies were on notice of the purported misappropriation for over three years before filing suit.

  • December 17, 2024

    House GOP Asks CVS How Its PBM Treats Smaller Pharmacies

    Lawmakers on Capitol Hill are demanding documents from CVS on its pharmacy benefit manager's treatment of independent pharmacies, continuing to press the healthcare giant over potentially anticompetitive conduct.

  • December 17, 2024

    Grubhub To Pay $25M To End FTC Suit Over Deceptive Tactics

    The Federal Trade Commission and the Illinois attorney general teamed up Tuesday to announce a settlement that requires Grubhub Inc. to pay $25 million to resolve claims that the food-delivery service charged customers hidden junk fees, listed restaurants on its app without their permission and misled drivers about how much money they could make.

  • December 17, 2024

    Rival Says In-Flight Internet Provider Gogo Foils Competitors

    SmartSky Networks LLC is seeking more than $1 billion in damages in a new lawsuit accusing Gogo Business Aviation LLC of blocking its entry in the market for internet service on business flights, building on an intellectual property dispute between the companies.

  • December 17, 2024

    Racing Teams Flag NASCAR's Dismissal Bid As 'Fantasy'

    Two racing teams told a North Carolina federal court that NASCAR's bid to dismiss their antitrust lawsuit is a "fantasy" riddled with mischaracterizations that paint their clash as a simple contractual dispute instead of what it truly is — consequences of a monopoly.

  • December 17, 2024

    Apple Fights Epic's Atty Privilege Challenge Win Over Docs

    Apple has asked a California federal judge to overturn a magistrate judge and allow it to withhold documents in a discovery spat with Epic Games, arguing Monday the documents in the antitrust case aren't simply business analyses but rather, reflect "'legal advice on a business decision,' which is protected."

  • December 17, 2024

    Carlsberg-Britvic £3.3B Deal Gets UK, EU Green Light

    Antitrust authorities in the U.K. and Europe said Tuesday that they have cleared the planned £3.3 billion ($4.2 billion) takeover by Danish brewer Carlsberg of U.K. soft drinks maker Britvic PLC.

  • December 16, 2024

    Lye Indirect Buyers Can't Certify Price Fixing Class

    A New York federal judge denied a bid for class certification from indirect buyers of lye who allege manufacturers of the chemical colluded to inflate prices, saying Monday they didn't show common questions predominate for their proposed classes or that most members suffered an injury due to the alleged cartel.

  • December 16, 2024

    'Plans Do Matter,' Tempur Sealy Says In Final Merger Hearing

    Tempur Sealy made its final push Monday in support of its $4 billion planned Mattress Firm purchase, telling a judge during closing arguments that the Federal Trade Commission hadn't shown that the company planned to deviate from its intent for Mattress Firm to remain autonomous. 

  • December 16, 2024

    Court Approves Mandated $115M Door Factory Sale

    A Virginia federal court has approved the planned $115 million sale of a door-skin manufacturing plant after a landmark order forced Jeld-Wen to unload the factory in a long-running private antitrust case by rival Steves & Sons Inc.

  • December 16, 2024

    Disney, Fox And Warner Bros. Can't Duck Fubo's Antitrust Suit

    A New York federal court refused dismissal bids Friday from Disney, Fox and Warner Bros. Discovery as they tried to duck an antitrust case over their sports-only streaming service, and also denied Fox's motion to sever the claims against it and transfer the venue to the Central District of California.

  • December 16, 2024

    Sony To Pay $7.8M To 4M PlayStation Gamers In Antitrust Fight

    Sony Interactive Entertainment will pay $7.85 million to more than 4 million gamers to settle a proposed class action accusing the company of overcharging PlayStation Store customers via a monopoly on downloadable game cards, according to a motion for preliminary approval filed Friday in California federal court.

  • December 16, 2024

    Cos. Urge Judge To Maintain Injunction On Transparency Law

    A Texas federal judge doesn't need to stay his preliminary injunction on the rollout of new corporate transparency rules while the U.S. government's appeal of his decision is pending at the Fifth Circuit, a business lobbying group and others said Monday.

Expert Analysis

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • Executive Orders That Could Affect Financial Services In 2025

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    The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.

  • How New Merger Filing Rules Will Affect Economic Advocacy

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    New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.

  • Impact Of Corporate Transparency Act Ambiguity On Banks

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    Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Opinion

    Antitrust Posturing Against Algorithmic AI Should End

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    President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Back To The Future? Antitrust Enforcement Under Trump 2.0

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    While the transition to the second Trump administration's antitrust policy should be accompanied by less uncertainty, we're unlikely to get a full sense of the true focus and tenor of competition enforcement under Trump 2.0 before late next year, say attorneys at Simpson Thacher.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

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