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Competition
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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.
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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.
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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.
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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.
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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.
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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.
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June 18, 2024
Qualcomm Investors Ink $75M Deal Over Licensing Practices
Qualcomm Inc. investors asked a California federal judge to greenlight a $75 million settlement that would resolve their claims that the chipmaker misled the market by stating it kept its licensing and chip-supply businesses separate when it regularly bundled the two in negotiations and agreements.
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June 18, 2024
Tesla Can't Beat 'Right-To-Repair' Monopoly Suit This Time
Tesla must face an amended proposed class action alleging the company runs an unlawful monopoly on parts for its electric vehicles, a California federal judge has ruled, finding that the plaintiffs have addressed issues in their previously dismissed complaint.
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June 18, 2024
Ex-CBS Sports Chair Denies Fixing NFL Sunday Ticket Price
The recently retired chairman of CBS Sports on Tuesday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that his network didn't collude with the league to fix the price of the DirecTV Sunday Ticket television package.
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June 18, 2024
IPhone Buyers Want Canadian Data In Amazon Antitrust Case
Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.
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June 20, 2024
CORRECTED: Drug Cos., PBMs Score Win In Calif. AG's Insulin Price Suit
A Los Angeles judge ruled Tuesday that the statute of limitations bars the California Attorney General's unfair competition law and unjust enrichment claims against drugmakers and pharmacy benefit managers over an alleged conspiracy to spike insulin costs, but granted leave to amend the allegations.
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June 18, 2024
No Reason To Move Net Neutrality Suits To DC Circ., ISPs Say
Nearly a dozen industry groups are calling on the Sixth Circuit to reject an effort by the Federal Communications Commission to move a raft of lawsuits over the FCC's net neutrality rules to the D.C. Circuit.
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June 18, 2024
11th Circ. Orders New Shrimp Secrets Trial Over Judge's Exit
The Eleventh Circuit ordered a new trial in a trade secrets dispute involving breeders of disease-resistant shrimp, saying Tuesday that a magistrate judge who oversaw the trial's conclusion so that a federal judge could catch a flight exceeded his authority by answering jury questions and rejecting a defense counsel's request for clarification on damages awarded.
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June 18, 2024
Google's Deal With Apple Should Be Busted Up, Users Say
Counsel for consumers accusing Google of making an illegal pact with Apple to serve as the iPhone's default search engine urged a California federal judge on Tuesday to revive their dismissed antitrust suit, saying, "We're looking to bust up the contract to get competition back in the market."
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June 18, 2024
Anticompetitive Rules Hinder BEAD Fund, Critic Claims
The success or failure of the $42.5 billion Broadband Equity, Access, and Deployment program lies in the "devilish details," according to one free-market think tank, which says that rules encouraging rate regulation and favoring "gold-plated" fiber technology could soon "cause havoc" if oversight is not rigorous enough.
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June 18, 2024
Meat Plant Workers Seek OK On Latest $4M Wage-Fix Deal
Red meat processing plant workers have sought preliminary approval for their latest settlement over wage-fixing claims, a $4 million deal that adds American Foods Group LLC to the list of companies to cut deals that also includes JBS, Tyson, Perdue, Seaboard, Triumph and consulting firm Webber Meng Sahl & Co.
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June 18, 2024
Blackstone Plans Takeover Of Japan's Infocom In $1.7B Deal
Blackstone said Tuesday it is planning to take Japanese digital comic distributor Infocom private in a deal that marks its largest private equity deal ever in Japan, worth 275 billion yen ($1.7 billion).
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June 18, 2024
Microsoft Says Starbucks Ruling Hurts FTC's Activision Case
Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.
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June 18, 2024
FTC Bristles At Axon's Citing Of Dropped Merger Case
The Federal Trade Commission wanted to ensure a New Jersey federal judge knew the abandonment of a case contesting Axon's purchase of a fellow police body camera company had nothing to do with the merits of the challenge, in a Monday amicus brief partially backing a proposed class action.
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June 18, 2024
DOJ Says DC Circ. Shouldn't Rethink Realtor Antitrust Probe
The U.S. Department of Justice has told the D.C. Circuit that its April decision allowing it to reopen an investigation into the National Association of Realtors doesn't conflict with any U.S. Supreme Court or circuit court decisions and that the NAR's rehearing petition should be denied.
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June 18, 2024
FTC Escalates Probe Into TikTok's Privacy Measures For Kids
The Federal Trade Commission on Tuesday took the rare step of publicly disclosing its referral to the U.S. Department of Justice of a complaint against TikTok and its parent company over their compliance with a 2019 privacy settlement, saying there's "reason to believe" that the companies are out of step with their pledge to protect children on the platform.
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June 18, 2024
Novant Drops NC Hospital Merger After 4th Circ. Pauses Deal
Novant Health has abandoned its plans to purchase two North Carolina hospitals for $320 million after a split Fourth Circuit panel on Tuesday granted the Federal Trade Commission's bid for an emergency injunction putting the deal on hold indefinitely.
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June 18, 2024
Train Operators' Boundary-Fare Class Action Trial Opens
At a class action trial in London on Tuesday, rail passengers accused English rail operators of abusing their dominant market position by failing to sell cheaper tickets to some customers and forcing them to pay up to double the price for their journey.
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June 18, 2024
Tilray, Anheuser-Busch Want Out Of Beer Contract Suit
Anheuser-Busch InBev and Tilray Brands Inc. are asking a New York federal judge to schedule a pre-motion conference to discuss their proposed motions to dismiss a suit by CraftCanTravel LLC alleging they interfered with its exclusive distribution deal, arguing the claims are baseless and speculative.
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June 18, 2024
Latham Leads Boston Scientific On $1.16B Silk Road Deal
Latham & Watkins-advised Boston Scientific Corp. said Tuesday it has agreed to acquire medical device maker Silk Road Medical Inc., represented by Wilson Sonsini, at an enterprise value of approximately $1.16 billion.
Expert Analysis
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Opinion
Waiving COVID-19 IP Protections Would Harm US Industry
President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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The Year Ahead In Foreign Investment And National Security
In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.
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Navigating Class Actions After Papa John's Settlement Denial
A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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The Space Law And Policy Outlook For 2024
Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
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Antitrust Enforcement Initiatives To Watch In 2024
The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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HHS Advisory Highlights Free Product Inducement Risks
A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Why Challenges To FTC Authority Are Needed
In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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Volume-Based Transaction Pricing Proposal Raises Questions
A rule recently proposed by the U.S. Securities and Exchange Commission, which would prohibit securities exchanges from offering volume-based transaction pricing for agency or riskless principal orders in certain stocks, is meant to address competitive concerns — but there are reasons to question the logic behind this proposal, say attorneys at Sidley.