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Competition
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July 18, 2024
Truck Buyers Seek To Stop Cartel 'Picking Off' Claimants
A trade group suing major truck makers in a £2 billion ($2.6 billion) class action over an alleged price-fixing cartel told a London tribunal on Thursday the manufacturers should be prevented from making the group claim unviable by "picking off" claimants through settlement offers.
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July 18, 2024
Meta And FTC Want DC Circ. Privacy Fight Kept Paused
Meta's D.C. Circuit bid to stop the Federal Trade Commission from modifying the parties' $5 billion privacy settlement should be kept on ice, both sides said Thursday, as the commission vies to toss Meta's trial court suit following a recent U.S. Supreme Court ruling.
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July 18, 2024
Vermont Suit Accuses PBMs Of Price-Fixing
Vermont's attorney general filed suit against pharmacy benefit managers Express Scripts and CVS Wednesday, accusing the companies of abusing their market power to drive up prescription costs for consumers and squeezing out price competition from small pharmacies.
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July 18, 2024
King & Spalding Guides Quanta's $1.5B Cupertino Buy
Houston-based Quanta Services Inc. said Thursday it has acquired fellow energy infrastructure provider Cupertino Electric Inc. for up to $1.54 billion, with King & Spalding LLP and Fenwick & West LLP providing legal counsel on the deal, respectively.
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July 18, 2024
Deals Rumor Mill: Google, StandardAero, Sony
Google parent Alphabet is nearing a $23 billion Wiz buy, PE firms circle StandardAero at a potential $10 billion price, and Sony backs away from Paramount after the Skydance deal. Law360 breaks down these and other notable deal rumors from the past week.
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July 18, 2024
PharMerica Inks $100M Deal In 13-Year-Old Whistleblower Suit
PharMerica Corp. has agreed to pay $100 million to settle a former New Jersey nursing home owner's long-running whistleblower litigation over an alleged drug kickback scheme, according to the plaintiff's law firm.
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July 18, 2024
Amphenol Corp. Paying $2.1B For CommScope Mobile Units
Amphenol Corp. has inked a deal to buy two mobile networks units from CommScope for $2.1 billion, with Latham & Watkins LLP and Alston & Bird LLP advising the companies, respectively, on the all-cash deal, according to statements Thursday.
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July 17, 2024
T-Mobile, AT&T, Verizon Accused Of Using Negotiating Cartel
An intellectual property licensing business on Wednesday filed yet another suit against AT&T, T-Mobile and Verizon Wireless, this time accusing the telecommunications companies of wielding their market power and conspiring to refuse to license innovative 4G and 5G wireless communications system technology.
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July 17, 2024
FTC Cites 3rd Circ. In Defending Noncompete Ban
The Federal Trade Commission has continued to argue against a preliminary injunction a tree services company wants against its noncompete ban, directing a Pennsylvania federal judge to look at a Third Circuit decision from the day before calling for a high bar on initial court blocks absent immediate and permanent harm.
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July 17, 2024
Producer Petitions 2nd Circ. To Revive Blacklisting Suit
A Broadway producer accusing an actor and stage workers union of unlawfully blacklisting him following a labor dispute over a musical has asked the Second Circuit for another chance to revive the claims.
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July 17, 2024
Ill. Judge Signals Issue With Chicken Consumers' Expert
An Illinois federal judge signaled Wednesday that he was unlikely to allow chicken end users' economics expert to testify about damages they suffered in an alleged price-fixing conspiracy if the expert cannot focus his opinion on just the conduct allowed to be heard at trial.
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July 17, 2024
Steve Madden Raises IP, Libel Claims In Sandal Feud
Steven Madden Ltd. has filed suit alleging Danish "affordable luxury" brand Ganni A/S falsely claimed two of the U.S. company's shoe designs infringed Ganni's intellectual property.
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July 17, 2024
Grayscale Rival's False Ad Suit Won't Move To New Court
A Connecticut state judge on Wednesday denied Grayscale Investments LLC's request to transfer a competitor's unfair trade practices lawsuit from Bridgeport to the state court system's complex litigation docket, sustaining the plaintiff's objection that said the move would unduly delay a July 2025 trial without a valid reason.
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July 17, 2024
Feds Uphold Tech Co.'s Fine For Auction Talks With AT&T
The Federal Communications Commission upheld its $100,000 fine against internet service provider AMG Technology Investment Group for discussing bidding strategy during an infrastructure funding auction with AT&T, saying it has no basis to reconsider the penalty Wednesday.
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July 17, 2024
Heart Doctor's Sham Suit Claims Cut From Antitrust Row
Defending against allegedly sham monopolization claims wasn't enough for a Texas federal judge to preserve counterclaims from a Laredo cardiologist and his medical center contending the lawsuit is only meant to cement their foes' own monopoly in the city, with the judge on Tuesday finding no injury to establish standing.
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July 17, 2024
Puerto Rican Media Denied Injunction, Again, In Soccer Spat
A Puerto Rican judge has prevented a media company from having unfettered access to local soccer matches as it battles local and international soccer organizations over antitrust allegations, ruling the requested preliminary injunction has nothing to do with the underlying case.
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July 17, 2024
Boehringer Wants Inhaler Antitrust Case Moved To Mass.
Boehringer Ingelheim Pharmaceuticals Inc. has urged a Connecticut federal court to transfer a proposed class action accusing it of blocking generic versions of two inhaler medications, saying a similar case was filed in Massachusetts several weeks earlier.
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July 17, 2024
Colo. Firm Says Ex-Director Stole Clients While On Payroll
Colorado boutique Whitcomb Selinsky PC is accusing one of its former directors of trying to steal clients while he was still employed with the firm to take with him to his new practice.
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July 17, 2024
YouTube Gets $92K In Costs Over Nixed Anti-Piracy Suit
A Florida federal judge has granted YouTube more than $92,000 in legal costs after the company defeated copyright claims by a movie producer who said the platform failed to remove all videos from his large collection of Mexican and Latin American films.
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July 17, 2024
Iger, Willow Bay Ink $250M Deal For Angel City Football Club
The Angel City Football Club has agreed to sell a controlling stake to Bob Iger, CEO of the Walt Disney Co., and his wife, Willow Bay, dean of the USC Annenberg School for Communication and Journalism, at an enterprise value of $250 million, the team said Wednesday.
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July 17, 2024
TikTok Loses 1st Challenge Against EU Big Tech Law
TikTok lost its bid to escape European Union digital market rules on Wednesday, when the bloc's General Court found the social media platform's global market value shows the company has significant potential to make money from European users.
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July 16, 2024
Tesla Swaps Cravath Out, WilmerHale In For Antitrust Defense
WilmerHale has taken over from Cravath Swaine & Moore LLP as counsel for Tesla in a proposed class action in California federal court alleging the company runs an unlawful monopoly on parts for its electric vehicles.
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July 16, 2024
FTC's In-House Kroger Case Delayed Until After Fed Suit
Kroger and Albertsons are getting a limited respite from the Federal Trade Commission's looming in-house merger challenge after an agency administrative law judge agreed to delay the case, but only until immediately after an Oregon federal court fight plays out.
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July 16, 2024
Tesla Says Chinese Co. Sells 'Dangerous' Charging Adapter
Tesla said on Monday that a Chinese company sells a "dangerous" charging adapter that lets owners of non-Tesla electric vehicles charge at its network, saying in a suit filed in California federal court that the device could injure consumers and damage the power infrastructure.
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July 16, 2024
SpaceX Loses Bid To Block Rival's Earth Station Renewals
The Federal Communications Commission denied SpaceX's request to reconsider the agency's renewal of licenses for three earth stations from satellite communications company DBSD Corp., saying in a new order that SpaceX showed little to support its claim that DBSD was using "obstructionist" tactics to interfere with SpaceX operations.
Expert Analysis
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Algorithmic Pricing Programs Caught In Antitrust Crosshairs
The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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UK Court Ruling Reinforces CMA's Info-Gathering Powers
An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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How Biotech Deals May Help Competition, Despite FTC View
The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.
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New SDNY Whistleblower Program May Be A Game-Changer
A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Unraveling The Bundled Benefits Of Retail Memberships
The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.
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Changes To Note In New AAA Mass Arbitration Rules
The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.
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The 7th Circ.'s Top 10 Civil Opinions Of 2023
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling
Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.