Competition

  • January 30, 2025

    DOJ Challenges HPE's $14B Deal For Juniper Networks

    The U.S. Department of Justice sued Thursday to block Hewlett Packard Enterprise's planned $14 billion purchase of Juniper Networks Inc. over concerns about competition for local wireless networking technology.

  • January 29, 2025

    Turkey Producers Say Burford Unit's Suit Is Purely Profit-Led

    Turkey producers fighting consolidated price-fixing claims in Illinois urged a federal judge Tuesday to kick a Burford Capital Investment unit's claims out of the case on summary judgment, arguing the action exists solely because of the litigation funder's drive to profit from a lawsuit.

  • January 29, 2025

    Apple Will Appeal Denial Of Bid To Defend Google Search Deal

    Apple said Wednesday that it will appeal an order refusing to let it intervene in the government's search monopolization case against Google to defend a multibillion-dollar revenue-sharing deal that makes Google the default search engine for the Safari browser.

  • January 29, 2025

    4th Circ. Mulls If Tossing No-Poach Suit Rewards Bad Behavior

    As the Fourth Circuit mulled the idea of reviving a proposed class action accusing military shipbuilding contractors of agreeing not to poach each other's engineers, one judge rebuffed the idea that the suit had no legs because there were no specific allegations of fraudulent concealment.

  • January 29, 2025

    Farmers' Antitrust Claims Trimmed In Pesticides Case

    A North Carolina federal court has cut one set of federal antitrust claims from a suit brought by farmers accusing major pesticide manufacturers Syngenta AG and Corteva Inc. of blocking competition but allowed a slew of other claims to proceed.

  • January 29, 2025

    Defamation And Default Alleged In Conn. Mortgage Biz Battle

    A Connecticut businessman accused of raiding a mortgage servicer's business accounts to start a competing firm says the company defamed him in a counterclaim in state court lodged on the same day the company sought a default judgment in the litigation over a soured partnership.

  • January 29, 2025

    Small Biz Org Can't Jump Into 5th Circ. Noncompete Ban Case

    A Fifth Circuit judge has summarily refused to permit an entrepreneurs group to intervene in support of the Federal Trade Commission's currently blocked noncompete ban, an intervention sought in case the commission opts to abandon its defense.

  • January 29, 2025

    Full Fed. Circ. Won't Allow MSN To Launch Generic Entresto

    The Federal Circuit is standing by its decision to bar MSN Pharmaceuticals from launching a generic version of Novartis' bestseller, the cardiovascular drug Entresto, as Novartis tries to persuade the court that it deserves an injunction through July. 

  • January 29, 2025

    Hollywood Talent Co. Calls CAA's Info Theft Suit Retaliation

    Upstart Hollywood talent management firm Range Media Partners has asked a California judge to toss Creative Artists Agency's information theft and poaching claims, saying the lawsuit is a mere power grab and retaliation by the entertainment industry behemoth "to penalize its longtime employees for leaving."

  • January 29, 2025

    4 Questions About Trump's Federal Worker Resignation Policy

    President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.

  • January 29, 2025

    Texas-Led States Can Sue Google, Ad Tech Judge Says

    A Texas federal judge refused to toss a state enforcer coalition's lawsuit accusing Google of monopolizing the display advertising placement technology market, rejecting Google assertions that the states lack standing to sue on behalf of their citizens in a case where trial now appears likely to be delayed.

  • January 29, 2025

    Amazon Says Docs FTC Wants For Prime Case Are Privileged

    Amazon fired back in a discovery dispute in the Federal Trade Commission's case accusing the e-commerce giant of Prime subscription deception, saying the regulator is not entitled to documents tied to a company meeting because the records reflect legal advice and work product.

  • January 29, 2025

    Veteran BigLaw Atty To Mediate NASCAR Antitrust Dispute

    A North Carolina federal court has appointed an attorney with nearly four decades of experience at Proskauer Rose LLP and Skadden Arps Slate Meagher & Flom LLP to mediate the antitrust feud between NASCAR and two racing teams.

  • January 29, 2025

    DOT, Alaska Air Slam Frontier's Bid To Halt DCA Slot Award

    The U.S. Department of Transportation and Alaska Airlines Inc. are urging the D.C. Circuit to reject Frontier Airlines' emergency bid to block Alaska Airlines from offering direct flights from Ronald Reagan National Airport, just outside Washington, D.C., to San Diego, saying that halting the service would benefit no one.

  • January 29, 2025

    Texas Cardiology Practice Beats Monopolization Suit

    A Texas federal judge dismissed a Laredo hospital's lawsuit alleging that a renowned cardiologist, who once worked with it, and a rival hospital engaged in unlawful antitrust behaviors.

  • January 29, 2025

    Attys Apologize To Del. Judge For Unclear Discovery Bid

    Attorneys from Heyman Enerio Gattuso & Hirzel, Wachtel Lipton Rosen & Katz, and White & Case have apologized to Delaware's chief U.S. district judge for not "clearly" communicating necessary information in a discovery bid related to their defense of corporate clients amid a Shell Chemical LP antitrust proceeding in the Netherlands.

  • January 29, 2025

    $7.8B ChampionX Deal Gets Added Scrutiny Across The Pond

    SLB's path to closing its proposed $7.8 billion acquisition of ChampionX got a little trickier Wednesday as the U.K. Competition and Markets Authority launched a formal investigation into a deal that is also under the scrutiny of U.S. regulators. 

  • January 28, 2025

    Trump Tells Federal Workers They're Welcome To Resign

    The Trump administration on Tuesday emailed about 2 million federal employees offering them the option to resign but continue to be paid to the end of September, in an effort to implement a campaign promise to drastically cut the federal workforce and only keep employees who are "loyal" and "trustworthy."

  • January 28, 2025

    Staples Settles Out Of Visa, Mastercard Swipe Fee Battle

    Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.

  • January 28, 2025

    Capri Investors Sue Over Scrapped $8.5B Tapestry Merger

    Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.

  • January 28, 2025

    4th Circ. Raises Questions Over Health Data Access Order

    A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.

  • January 28, 2025

    Intuitive Beats $140M Antitrust Case Ahead Of Closings

    A $140 million antitrust case against Intuitive Surgical Inc. took a dramatic turn toward the close of trial Tuesday when a California federal judge threw out all claims against Intuitive and discharged the jury, citing the lack of evidence of an aftermarket under the Ninth Circuit's recent Epic Games v. Apple ruling.

  • January 28, 2025

    'Pencils Down' For Meta, Netflix Antitrust Case In Ill.

    Meta Platforms Inc., Netflix and a proposed class of consumers claiming the companies cut an illegal deal ceding the video streaming market to Netflix can wait to continue litigating their case until a California federal judge mulls summary judgment over similar claims out west, an Illinois federal judge said Tuesday.

  • January 28, 2025

    Minn. AG Settles Novo Nordisk Insulin Claims With Price Cap

    Minnesota's attorney general has reached a settlement resolving a long-running lawsuit accusing Novo Nordisk of inflating insulin prices, with the company agreeing to a $35 per month cap on out-of-pocket costs for state residents.

  • January 28, 2025

    'Extraordinary' $630M CDK Deal Wraps Auto Dealer Data MDL

    A certified class of car dealership app makers is seeking preliminary approval for the final settlement in the years-old web of cases accusing CDK Global of monopolizing auto dealership management software, with a $630 million Wisconsin federal court deal that puts a $140 million premium on estimated damages.

Expert Analysis

  • Marching In On Orange Book Drugs May Have Limited Effect

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    Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • How To Prepare For Expanded HSR Notification Process

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    Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.

  • What To Expect From State AGs As Federal Control Changes

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    Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Opinion

    Efficiency Dept. Should Consolidate Antitrust Enforcement

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    President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

  • Destination Skiing And The DOJ's Mountain Merger Challenge

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    Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

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