Competition

  • October 18, 2024

    FTC Faces More Pressure To Block $16.5B Novo-Catalent Deal

    A dozen advocacy groups are pushing the Federal Trade Commission to block Novo Holdings' planned $16.5 billion purchase of Catalent, arguing that the deal would stifle competition for certain obesity and gene therapy drugs — and that no remedy can fix that.

  • October 18, 2024

    NCAA's $2.78B NIL Deal Still Faces Long Road To Final OK

    The absence of noticeable change to address concerns flagged by a California federal judge about the NCAA's $2.78 billion name, image and likeness compensation settlement made that same judge's preliminary approval of the deal last week surprising, and experts say those same problematic provisions likely will make final approval an uphill battle.

  • October 17, 2024

    Temu Says Shein Launched IP Theft Suit To Stifle Competition

    The companies behind e-commerce platform Temu have fired back at fast fashion company Shein's intellectual property infringement claims against them, accusing Shein of filing a meritless suit to interfere with Temu's business and stifle its competition "by any means possible."

  • October 17, 2024

    NASCAR Says Michael Jordan Using Discovery 'As A Weapon'

    NASCAR has called an antitrust lawsuit brought against it by two racing teams, including one owned by NBA legend Michael Jordan, "meritless," and urged a North Carolina federal judge to reject their motion for expedited discovery, arguing it is a "sweeping request" that seeks way more information than needed to support a preliminary injunction bid.

  • October 17, 2024

    Microsoft Fights IP, Antitrust Suit Alleging Cartel With Nvidia

    Microsoft slammed a lawsuit brought by a startup accusing it, Nvidia and a third company of engaging in patent infringement and an illegal buyers' cartel suppressing the price of graphic processing units used in powering artificial intelligence, urging a Texas federal judge Wednesday to deny an injunction bid due to lack of evidence.

  • October 17, 2024

    Burford Again Loses Fight Against Meat Price-Fixing Deal

    An Illinois federal judge on Thursday refused for a second time to let a Burford Capital LLC unit unbind itself from a global settlement Pilgrim's Pride and Sysco entered to resolve chicken, pork and beef price-fixing claims.

  • October 17, 2024

    Brothers Get Prison For Ga. Concrete Bid-Rigging Scheme

    A Georgia federal judge on Thursday sentenced brothers Gregory Hall Melton and John David Melton to serve time in prison for their roles in a scheme to fix prices and rig bids for the ready-mix concrete market in the greater Savannah area.

  • October 17, 2024

    DOJ Defends States' Right To Recoup Live Nation Overcharges

    The federal government and 40 states are urging a New York federal court not to trim their antitrust case against Live Nation, arguing that states have the right to go after overcharges customers allegedly paid for concert tickets and also defending a tying claim based on venues and promotion services.

  • October 17, 2024

    MMA Fighter Hits Bellator With $15M Antitrust Suit

    A fighter lodged a $15 million antitrust lawsuit against Bellator, claiming that after it merged with the Professional Fighters League, the mixed martial arts company broke a previous agreement that had guaranteed him a certain amount of bouts and payouts.

  • October 17, 2024

    FTC Admits Federal Court Merger Fights Are Usually Decisive

    Federal Trade Commission complaint counsel has admitted a reality that the agency has long resisted: While federal court preliminary injunction fights are ostensibly meant only to pause a merger while a merits case plays out through an in-house court, the federal court case usually decides the transaction's fate.

  • October 17, 2024

    $20B Verizon-Frontier Deal Faces Scrutiny, And Other Rumors

    A growing list of Frontier Communications' largest shareholders are concerned about its planned $20 billion takeover by Verizon Communications, and a group of former professional athletes are in talks to buy a stake in the NFL's Buffalo Bills. Here, Law360 breaks down these and other notable rumors from the past week.

  • October 17, 2024

    Google Asks 9th Circ. To Immediately Pause Epic Injunction

    Google filed an emergency motion late Wednesday in its antitrust battle with Epic Games Inc. asking the Ninth Circuit to stay a lower court's injunction that's set to take effect Nov. 1 requiring Google to open up its Play Store to competing app stores, slamming the injunction as harmful and "unworkable."

  • October 17, 2024

    Pa. AG Can't Get State Claims Restored In FTC Amazon Suit

    A federal judge tersely denied a request from Pennsylvania's attorney general, who had sought to reinstate her state's consumer protection claims against Amazon in the Federal Trade Commission's antitrust suit.

  • October 16, 2024

    Airline Owner Can't Force Cravath To Give Docs, Court Says

    Cravath Swaine & Moore LLP doesn't have to turn over documents used in the prosecution of an airline owner accused in a scheme to defraud Polar Air Cargo Worldwide of millions of dollars, a New York federal judge ruled Wednesday, saying the defendant hasn't shown the firm was part of the prosecution.

  • October 16, 2024

    Atty Pressed On DMI Stock Drop Focus In Del. Merger Suit

    A Delaware vice chancellor repeatedly pressed an attorney for shareholders of 3D printer manufacturer The ExOne Co. Wednesday on the relative importance of a stock drop experienced by acquirer Desktop Metal Inc. before and after shareholders voted on a $575 million merger.

  • October 16, 2024

    Banks Ditch Exchange's Boycott Conspiracy Suit At 2nd Circ.

    The Second Circuit on Wednesday rejected a small trading exchange's effort to revive its claims that several major banks conspired to shut it out of the credit default swap market, saying the exchange failed to plausibly allege that the banks' conduct was the result of an unlawful agreement or conspiracy.

  • October 16, 2024

    Utah Judge Tosses Mattress Conspiracy Suit For Good

    A Utah federal court has tossed a lawsuit accusing major mattress companies and a trade group of conspiring to drive a competitor from the market after finding a lack of evidence showing there was an agreement to harm competition and saying the claims can't be fixed.

  • October 16, 2024

    Direct Buyers Get Final OK For $44M Drug Price-Fixing Deal

    A Pennsylvania federal court has granted final approval to $44.4 million in settlements between drugmakers Apotex, Breckenridge and Heritage and direct purchasers in a multidistrict litigation over alleged price-fixing in the generic-drug industry.

  • October 16, 2024

    Caremark, Optum Say FTC Insulin Case Gets PBMs All Wrong

    Caremark Rx, Express Scripts and OptumRx continue to attack the Federal Trade Commission's in-house case accusing the country's three largest pharmacy benefit managers of artificially inflating insulin prices by relying on unfair rebate schemes, arguing the agency's case lacks authority, facts and the right targets.

  • October 16, 2024

    Pa. AG Wants State Claims Restored In FTC Amazon Suit

    Pennsylvania's attorney general wants to get back into a joint state and federal antitrust case against Amazon, asking a Washington federal judge to reconsider tossing claims under Pennsylvania's consumer protection law because Amazon allegedly concealed its unfair trade practices from Pennsylvania customers.

  • October 16, 2024

    UFC, Fighters Get New Hearing On Revised $375M Settlement

    A Nevada federal judge has scheduled an Oct. 22 hearing to consider a $375 million proposed settlement between UFC and former fighters that would resolve claims the organization underpaid match participants for years, according to a minute order on Tuesday.

  • October 16, 2024

    M&A Pros Cautious About Expected Private Equity Surge

    It's an oft-repeated line that private equity activity is set to surge amid pressure to exit older investments and deploy record stores of dry powder, but mergers and acquisitions professionals recently surveyed by Dykema were cautious when asked if they expect private equity to boost deal flow in the next 12 months, with a majority saying they only "somewhat agree." 

  • October 16, 2024

    Enforcers Won't Challenge $3B Energy Deal, $5B Coal Tie-Up

    Deadlines have passed for antitrust enforcers to challenge Oneok Inc.'s deal for a $3.3 billion stake in EnLink Midstream LLC and Arch Resources Inc.'s all-stock merger with Consol Energy Inc., a deal that's expected to create a natural resources company worth $5.2 billion.

  • October 16, 2024

    4th Circ. Affirms Judgment In Foreclosure Bid-Rigging Case

    The Fourth Circuit backed a North Carolina federal court and tossed part of an appeal by a real estate company founder and others of a jury verdict that they rigged bids in foreclosure auctions in violation of state and federal antitrust laws.

  • October 15, 2024

    Qualcomm Milked 'Weak Patents' For Monopoly, 9th Circ. Told

    An attorney for a proposed class of cellphone buyers urged the 9th Circuit Monday to revive antitrust claims against Qualcomm, saying it used "weak patents" to secure licensing agreements that forced companies to give up their right to challenge the patents, although one judge questioned whether the plaintiffs had waived that argument.

Expert Analysis

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • The Current State Of Healthcare Transaction Reviews In Calif.

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    As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Behind The Stagecoach Boundary Fare Dispute Settlement

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    The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.

  • What Companies Should Consider Amid Multistate AG Actions

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    The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

  • Orange Book Warnings Highlight FTC's Drug Price Focus

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    In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Inside Antitrust Agencies' Rollup And Serial Acquisition Moves

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    The recent request for public comments on serial acquisitions and rollup strategies from the Federal Trade Commission and U.S. Justice Department mark the antitrust agencies' continued focus on actions that fall below premerger reporting thresholds, say attorneys at Paul Weiss.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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