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Competition
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July 19, 2024
Axon Says FTC Has 'No Reason' To Wade Into Suit
Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.
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July 19, 2024
Shoemaker Asks Court To Trim Birkenstock Copycat Claim
A judge said Friday that she couldn't tell the difference between several popular styles of Birkenstock sandals and alleged "knockoff" versions made by a New Hampshire company based on photos, signaling potential trouble for the defendant in a trademark infringement lawsuit by the German footwear-maker.
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July 19, 2024
San Francisco Lawmaker Floats Rent Algorithm Software Ban
A San Francisco lawmaker proposed a ban that would prohibit selling or using software that can be used for rent price fixing, and took aim at property management software companies such as RealPage and Yardi for their software allegedly being used for such a purpose.
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July 19, 2024
MLS, US Soccer Can't Get Redo On Antitrust Suit Preservation
A New York federal judge told Major League Soccer and the sport's U.S. governing body that he would not reconsider a previous order that kept alive an antitrust suit against the organizations, but he did offer some of the clarification they were seeking about market definition.
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July 19, 2024
FTC Says Microsoft Price Hike Shows Activision Deal Harm
The Federal Trade Commission told the Ninth Circuit that Microsoft's recently announced Game Pass price increase is an example of the harm caused by the company's $68.7 billion acquisition of game developer Activision Blizzard Inc.
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July 19, 2024
Judge Recuses As Tech Firm Slams Dow Chemical's Request
An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."
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July 19, 2024
Occidental Could Sell $3.6B CrownRock Stake To Ecopetrol
Occidental Petroleum said in a securities filing Friday that it could sell a 30% stake in CrownRock — which Occidental is under contract to buy for $12 billion — to Columbia's Ecopetrol for $3.6 billion.
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July 19, 2024
OK Foods, Consumers Reach Deal In Chicken Price-Fixing Suit
Consumers accusing the nation's largest broiler chicken producers of coordinating and limiting chicken production to raise prices have told an Illinois federal judge that they've reached a settlement in principle with O.K. Foods, O.K. Farms and O.K. Industries.
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July 19, 2024
Taxation With Representation: A&O Shearman, Gibson Dunn
In this week's Taxation With Representation, Cleveland-Cliffs Inc. buys Stelco Holdings Inc., KBR acquires LinQuest Corp., Blue Owl Capital Inc. purchases Atalaya Capital Management LP, and Amphenol Corp. buys two mobile networks units from CommScope.
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July 19, 2024
UK Clears Nationwide's £2.9B Purchase Of Virgin Money
The competition regulator of the U.K. said Friday that it has cleared Nationwide Building Society's acquisition of Virgin Money UK PLC for £2.9 billion ($3.7 billion), which the companies say would create a combined group with assets of approximately £366 billion.
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July 19, 2024
UK Clears Roche's $295M Purchase Of Diagnostics Biz
The U.K. antitrust watchdog said Friday that it has cleared a $295 million proposed purchase by Swiss drugmaker Roche of parts of diagnostic company LumiraDx.
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July 18, 2024
Epic Says Apple's 'Strategic Delay' Tactics Still Ongoing
The ongoing fight between Epic Games and Apple over the tech giant's compliance with a court order meant to open up app payment competition showed little sign of abating as Epic continued to blast Apple for slow and incomplete production.
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July 18, 2024
Live Nation Previews Part Of Case Against DOJ Suit
Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.
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July 18, 2024
LegitScript Asks 9th Circ. To Ax Price-Checker Antitrust Suit
LegitScript has told the Ninth Circuit that PharmacyChecker cannot bring antitrust claims for allegedly having its price-checking website blacklisted because the bulk of its business is geared towards helping people illegally import prescription drugs.
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July 18, 2024
Chancery Strains To Unwrap Shareholder's Amazon Order
A Delaware Chancery Court vice chancellor struggled on Thursday to wrap her head around a shareholder's demand for corporate documents to probe antitrust allegations at Amazon.com Inc. after a magistrate's report found the shareholder had not presented enough evidence to force the retailer to open its books.
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July 18, 2024
Sunday Ticket Customers Slam NFL's Bid To Upend $4.7B Win
DirecTV Sunday Ticket subscribers opposed the NFL's effort to vacate a $4.7 billion antitrust verdict handed down by California federal jurors last month, arguing on Wednesday the league cannot second-guess the jury's findings and that the plaintiffs actually received far less than what they sought.
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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.
Expert Analysis
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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.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Antitrust Practitioners Should Address AI's Collusive Potential
As the sophistication of AI rapidly advances, there are also concerns that it could give rise to entirely new forms of conduct, raising serious questions as to whether and how existing antitrust principles should be applied, and a need for common understanding of the technology's implications and market impacts, says David Bamberger at DLA Piper.
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A Potential Proactive Tool For Public-Private Joint Ventures
In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.
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10 Global Antitrust Trends To Anticipate In 2024
Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.
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Global Cartel Enforcement Looks Set To Intensify In 2024
The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.