Competition

  • June 21, 2024

    SC Agency Asks 4th Circ. To Rethink Google Ad Subpoena

    South Carolina's parks and tourism department wants the Fourth Circuit to reconsider its order mandating the agency turn over documents about its own online advertising efforts to Google to aid the tech behemoth in a fight against several states accusing it of monopolization.

  • June 21, 2024

    Treasury Unveils Rules Curtailing Outbound Tech Investments

    The U.S. Department of the Treasury on Friday proposed rules to implement President Joe Biden's executive order aimed at restricting American investments in certain technologies that China is developing, including artificial intelligence systems, that are deemed threats to national security.

  • June 21, 2024

    Pay-For-Delay Drug Case Not Time-Barred, UK Tribunal Says

    The U.K. Competition Appeal Tribunal refused Friday to apply a much more restrictive statute of limitations that would toss government claims that Danish pharmaceutical company Lundbeck Ltd. and generic drug manufacturers anticompetitively agreed to delay generic competition to an antidepressant.

  • June 21, 2024

    Ex-CEO Found Liable For $1 Now Seeks Atty Fees For Del. Suit

    The ex-CEO of a biopharma company who was found liable in 2021 for breaching his fiduciary duties but ordered to pay just $1 in damages after Delaware's Court of Chancery found that no real harm had been done is now suing for his attorney's fees and court costs.

  • June 21, 2024

    DOJ Backs Antitrust Case Against Zillow, Realtors At 9th Circ.

    The U.S. Department of Justice has urged the Ninth Circuit to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors based on design changes Zillow made to comply with association rules.

  • June 21, 2024

    DC Better Match For Net Neutrality Suits, 6th Circ. Told

    A public interest group urged the Sixth Circuit to move lawsuits over the Federal Communications Commission's net neutrality rules to the D.C. Circuit, saying the lottery that put the cases in Cincinnati was not enacted to keep litigation out of D.C.

  • June 21, 2024

    Off The Bench: ACC-FSU Rematch, Supreme Win For Fla. Tribe

    In this week's Off The Bench, the next round of venue tug-of-war begins between the Atlantic Coast Conference and Florida State University, the U.S. Supreme Court hands Florida and the Seminole Tribe a lucrative gaming win, and Roger Goodell and Jerry Jones defend the NFL's handling of its Sunday Ticket package.

  • June 21, 2024

    Skiplagged Removes Motion After Judge's Rebuke

    Airfare search engine Skiplagged Inc. has settled its differences with American Airlines in a discovery dispute that prompted an "exasperated" Texas federal judge to order the parties to mediation, saying both sides had addressed the concerns that prompted Skiplagged to file for a protective order.

  • June 21, 2024

    Apple Can't Challenge £853M IPhone Battery Class Action

    Apple failed in its bid to challenge an £853 million ($1 billion) proposed class action that accuses it of concealing problems with batteries in the phones of 24 million customers, after an appeals court found Friday the claim had prospects of success.

  • June 21, 2024

    Taxation With Representation: Travers Smith, Potamitis Vekris

    In this week's Taxation With Representation, RSK Group Ltd. gets a £500 million ($632 million) investment, Boston Scientific Corp. acquires Silk Road Medical Inc., Masdar takes a part of Terna Energy SA, and Tate & Lyle PLC buys CP Kelco from JM Huber Corp.

  • June 21, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

  • June 21, 2024

    Salmon Farmers Hit With £382M Price-Fixing Class Action

    Several Atlantic fish farming companies face a £382 million ($482 million) class action on behalf of millions of U.K. consumers who accuse the businesses of running a cartel to artificially inflate salmon prices.

  • June 20, 2024

    NFL Sunday Ticket Is Procompetitive, Stanford Prof Tells Jury

    A Stanford University professor of economics on Thursday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that the league's subscription deal with DirecTV and its method for distributing broadcast proceeds evenly to all its teams are procompetitive practices. 

  • June 20, 2024

    Patent Owners, Challengers Spar Over PTAB Rule Proposal

    The U.S. Patent and Trademark Office's scaled-back package of Patent Trial and Appeal Board rules has drawn a mixed reaction from legal and industry groups, which offered praise and concern about both the proposal and the topics it does not address.

  • June 20, 2024

    $13B Antitrust Suit Is Class Cert 'Antithesis,' Delta Dental Says

    The nation's largest dental insurance system and its members have blasted service providers' bid for class treatment in multidistrict litigation targeting an alleged $13 billion antitrust scheme, telling an Illinois federal judge that the providers' case "is the very antithesis of a proper class action."

  • June 20, 2024

    Cheer Parents Get Initial OK For $82.5M Varsity Brands Deal

    A Tennessee federal judge is giving the preliminary go-ahead to an $82.5 million settlement between a class of cheer parents and a group of the biggest players in the American cheer industry, agreeing that the deal appears to be fair and equitable.

  • June 20, 2024

    FCC Slams Bid In 6th Circ. To Put Net Neutrality On Hold

    The Federal Communications Commission told the Sixth Circuit on Tuesday it should pay no heed to a collection of net neutrality challengers arguing that "dire consequences" will ensue if the appellate court doesn't stop the agency from reinstating open internet regulations while the two sides argue the matter out in court.

  • June 20, 2024

    ACC Fights FSU's Stay Appeal In Media Rights Contract Suit

    The Atlantic Coast Conference has urged North Carolina's highest court to support a judge's decision to reject a bid by Florida State University to pause the organization's media rights lawsuit while a related action plays out in the Sunshine State.

  • June 20, 2024

    Competition Raids Don't Need Warrant For Emails, ECJ Told

    European Union law doesn't bar member states from permitting competition authorities to search emails without a warrant amid a so-called dawn raid, according to an advisory opinion submitted to the bloc's top appeals court Thursday.

  • June 20, 2024

    Vegas Papers Can't Pause Suit Amid Trim Appeal, Judge Says

    Rival Las Vegas newspapers won't see their acrimonious antitrust dispute placed on ice while the Ninth Circuit contemplates reversal of a partial dismissal order in the matter with no trial dates in place yet, a Nevada federal judge has determined.

  • June 20, 2024

    Assa Abloy Says Deal Monitor Going Too Far

    Assa Abloy has told a D.C. federal court that a monitoring trustee installed after the company settled a government merger challenge is taking things too far by trying to conduct a five-year, industry-wide study that's on pace to cost the company $20 million.

  • June 20, 2024

    Mastercard Settles Retailers' Swipe Fees Group Litigation

    Mastercard has settled a class action claim brought by more than 1,900 businesses in ongoing litigation over allegations it imposed excessively high credit card fees on merchants, a person familiar with the case has confirmed.

  • June 19, 2024

    Mastercard Cuts Time-Barred Claims From £10B Class Action

    A London tribunal has wiped out a swathe of claims from a £10 billion ($12.7 billion) class action against Mastercard for being time-barred, dismissing allegations on Wednesday that the credit card giant had hidden information about its interchange fees from consumers.

  • June 19, 2024

    Swiss Watchdog Ends UBS-Credit Suisse Merger Controls

    Switzerland's financial watchdog said Wednesday that it has cleared the takeover by UBS of stricken rival Credit Suisse AG after finding that the rescue deal would not harm competition in any domestic market.

  • June 19, 2024

    Train Operator Denies Hiding Cheaper Fares From Passengers

    A rail operator told a class action trial in London on Wednesday that allegations by rail passengers that it had concealed the existence of cheaper tickets from customers are not backed up by any evidence.

Expert Analysis

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • FTC Noncompete Rule May Still Face Historical Hurdles

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    The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.

  • Manufacturers Should Pay Attention To 'Right-To-Repair' Laws

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    Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.

  • New Federal Bill Would Drastically Alter Privacy Landscape

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    While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.

  • Opinion

    CFPB Could, And Should, Revise Open Banking Rulemaking

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    In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • PE-Healthcare Mergers Should Prepare For Challenges

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    State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.

  • Setting Goals For Kicking Corruption Off FIFA World Cup Field

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    The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and ​​​​​​​Emily Ahdieh at Morgan Lewis.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Online Portal Helps Fortify Feds' Unfair Health Practices Fight

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    The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Birkin Bag Case Carries Competition Lessons For Retailers

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    A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Expect An Increase In Robinson-Patman Act Enforcement

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    Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.

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