Competition

  • February 05, 2025

    6th Circ. Urged To Revive Allergy Co.'s Antitrust Claims

    An allergy company tried Wednesday to persuade a noncommittal Sixth Circuit panel to revive an antitrust suit it brought against health insurance companies it says worked together to push it out of the market.

  • February 05, 2025

    Proskauer Fights Another DQ Bid In NJ Hospital Antitrust Suit

    A New Jersey federal magistrate judge was right to allow Proskauer Rose LLP to continue as counsel for RWJBarnabas Health Inc. since the firm's prior advice to CarePoint Health on its use of COVID-19 relief funds is unrelated to the antitrust lawsuit currently playing out between the two companies, according to the firm.

  • February 05, 2025

    NC Software Co. Says DQ Of Rival's Atty Shouldn't Stall Trial

    An attorney being kicked off a bitter copyright case over source code shouldn't delay the fast-approaching trial, a U.S. software company told a North Carolina federal judge, arguing that its Dutch rival is trying to use the loss of its preferred counsel as a stalling tactic.

  • February 05, 2025

    FTC Tries To Plug Holes In Massive Merger Review Overhaul

    Antitrust practitioners call it a solution in search of a problem, but the Federal Trade Commission says an imminent overhaul to merger notification requirements will be a worthwhile front-loading of information necessary to plug gaps in its reviews.

  • February 05, 2025

    Cleveland-Cliffs Wants 'Un-American' US Steel Suit Tossed

    Cleveland-Cliffs and its CEO have asked a Pennsylvania judge to toss a lawsuit filed against them by Nippon Steel and U.S. Steel, calling the suit "un-American" while claiming that the plaintiffs' "sputtering disapproval" of the defendants' statements doesn't hold up in court.

  • February 04, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.

  • February 04, 2025

    McKesson, Others Beat Indirect Drug Reseller Price-Fix Suit

    A Pennsylvania federal judge permanently tossed antitrust claims from indirect generic-drug resellers who alleged distributors like McKesson Corp. and AmerisourceBergen colluded with manufacturers to fix prices of many medications, writing Monday the plaintiffs fail to show the existence of such an agreement between drugmakers and distributors.

  • February 04, 2025

    JBS Inks $83.5M Deal Over Ranchers' Beef Price-Fixing Claims

    One of the nation's biggest meat producers has reached an $83.5 million deal to end claims it conspired with others in the industry to suppress the price ranchers are paid for raising feeder cattle.

  • February 04, 2025

    OpenAI Judge Rips Musk's 'Broad' Bid To Block For-Profit

    A California federal judge indicated Tuesday she'll likely deny Elon Musk's bid to preliminarily block OpenAI Inc. from transitioning into a for-profit enterprise, criticizing Musk's filings for being vague and broad and saying she'll toss some claims, while adding "something is going to trial in this case."

  • February 04, 2025

    Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed

    A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments. 

  • February 04, 2025

    Swimmers Again Seek Cert., With 9th Circ's Reversal In Hand

    Professional swimmers have again asked a California federal judge to certify hundreds of competitors accusing swimming's international governing body of organizing a group boycott against an upstart league, now armed with a Ninth Circuit decision that both revived their case and said class certification was improperly denied.

  • February 04, 2025

    Sen. Mike Lee To Head Antitrust Subcommittee

    Sen. Mike Lee, R-Utah, a frequent critic of the Federal Trade Commission, will serve as chairman of the Senate subcommittee on antitrust and consumer protection issues, with Sen. Corey Booker, D-N.J., taking over the ranking member role.

  • February 04, 2025

    Axon Gets Cities' Antitrust Case Largely Tossed

    A New Jersey federal judge dismissed the bulk of a class action brought by local governments accusing Axon of monopolizing the Taser and body camera markets, ending claims related to the Taser market but allowing claims that Axon has maintained a monopoly in the body-worn camera market to continue on.

  • February 04, 2025

    NCAA Says Wis. Football Player's Suit Claims 'False Dilemma'

    The NCAA is pushing back against a University of Wisconsin football player's request for a temporary injunction against its allegedly anticompetitive eligibility rule, arguing the rule achieves the exact opposite by giving more students the opportunity to play.

  • February 04, 2025

    Auto Cos., Mass. AG Make Final Case In 'Right To Repair' Fight

    The stagnated four-year battle over a Massachusetts law requiring vehicle manufacturers to provide open access to vehicle telematics software saw its final salvos Tuesday as attorneys for an automotive industry group and the state clashed over the merits of the federal preemption case.

  • February 04, 2025

    Apple Asks DC Circ. To Pause Google Search Case For Appeal

    Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.

  • February 04, 2025

    Cherokee Nation, Group Spar Over Ark. Casino License Docs

    A federal district court is set to determine if the officers of a ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business' casino license and the public affairs firm must hand over documentation in the dispute.

  • February 04, 2025

    Southern Glazer's Wants FTC Unfair Pricing Suit Canned

    Southern Glazer's asked a California federal judge Monday to dismiss the Federal Trade Commission's first price discrimination lawsuit in 25 years, arguing that even if the "mistaken economic theory" undergirding it holds true, dissents from the FTC's Republicans illustrate why the case fails anyway.

  • February 04, 2025

    'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons

    A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."

  • February 04, 2025

    Salmon Farmers Fight To Gut Retailers' £675M Cartel Case

    A group of salmon producers fought on Tuesday to keep a £675 million ($843 million) cartel claim brought by several of the U.K.'s largest supermarkets out of Britain, arguing at a London tribunal that the case should be heard in Norway.

  • February 03, 2025

    Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.

    A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.

  • February 03, 2025

    Texas' Bid To Launch Stock Exchange Moves Forward

    As the owner of the new Texas Stock Exchange LLC gears up to begin trading by next year, capital markets attorneys are closely watching how the company plans to penetrate a market long dominated by two New York-based juggernauts.

  • February 03, 2025

    DOJ Poised To Prosecute Threat-Makers Against DOGE

    A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."

  • February 03, 2025

    Trump Names Head Of NLRB's Los Angeles Office Acting GC

    President Donald Trump appointed the director of the National Labor Relations Board's Los Angeles office as the agency's acting general counsel Monday, allowing William Cowen to occupy the seat left vacant by the ousters of Biden-era general counsel Jennifer Abruzzo and the most recent acting general counsel, Jessica Rutter.

  • February 03, 2025

    OpenAI, Microsoft Aim To Ax Musk's For-Profit Change Suit

    OpenAI and Microsoft have urged a California federal court in separate motions to dismiss Elon Musk's antitrust and breach of contract lawsuit claiming OpenAI lied by telling investors it would always be a nonprofit artificial intelligence research organization, calling the allegations "conclusory" and lacking factual backing.

Expert Analysis

  • Antitrust Issues To Watch Amid Google Ad Tech Trial

    Author Photo

    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.

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

    Author Photo

    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.

  • What PCOAB's Broadened Liability Rule Means For Auditors

    Author Photo

    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.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

    Author Photo

    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.

  • And Now A Word From The Panel: The MDL Map

    Author Photo

    An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

    Author Photo

    The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

  • Presidents And Precedents May Direct Khan's Future Course

    Author Photo

    While the Sept. 25 technical expiration of Federal Trade Commission Chair Lina Khan's term demands no immediate action, it does invite an analysis of commission policy and post-election possibilities, says Axinn's Richard Dagen, a former FTC official.

  • Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants

    Author Photo

    A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.

  • What To Expect From Calif. Bill Regulating PE In Healthcare

    Author Photo

    A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

    Author Photo

    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Series

    After Chevron: Courts Will Still Defer To Feds On Nat'l Security

    Author Photo

    Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.

  • A Look At The Economic Impact Of Drug Patent Differentiation

    Author Photo

    Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

    Author Photo

    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

    Author Photo

    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • What To Know About Insurance Coverage For Antitrust Risks

    Author Photo

    With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Competition archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!