Competition

  • December 03, 2024

    Retailers Argue For Higher Damages Bill In Swipe Fees Trial

    Retailers suing Mastercard and Visa argued before the Court of Appeal on Tuesday that their damages bill from alleged unlawful overcharging by the card companies should incorporate continuing losses because the anticompetitive conduct has not yet stopped.

  • December 03, 2024

    UK Watchdog Probes BlackRock Deal For Data Co. Preqin

    The U.K.'s competition regulator said on Tuesday it is delving into whether private equity giant BlackRock Inc.'s proposed £2.55 billion ($3.2 billion) acquisition of private markets data provider Preqin would harm competition in U.K. markets.

  • December 03, 2024

    Trump Pledges To Block $14.9B US Steel-Nippon Deal

    President-elect Donald Trump has reiterated his opposition to the proposed $14.9 billion acquisition of Pennsylvania-based U.S. Steel by Japan's Nippon Steel, pledging on Truth Social to block the deal and virtually extinguishing any remaining glimmers of hope that it can get done.

  • December 03, 2024

    Microsoft Faces £1B Class Action Over Software Overcharging

    Microsoft was hit on Tuesday with a class action of more than £1 billion ($1.3 billion) brought on behalf of thousands of U.K. businesses alleging that it overcharged for licensing fees to its Windows Server, a software used in cloud computing.

  • December 03, 2024

    Motorists Reach £37M Settlement In Shipping Cartel Case

    Millions of motorists who allegedly overpaid for their cars have reached a £37.3 million ($47.3 million) settlement against two vehicle shipping companies in an opt-out class action before a trial in January, lawyers representing the group said Tuesday. 

  • December 02, 2024

    ByteDance Says Ex-Worker Can't Avoid Counterclaims

    TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.

  • December 02, 2024

    DOJ, AGs Back Block Of ESPN Sport Streaming JV At 2nd Circ.

    The Justice Department and a group of Democratic state attorneys general are backing a lower court injunction against a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery, telling the Second Circuit the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.

  • December 02, 2024

    Hagens Berman Sued For Slice Of Atty Fee From Effexor Deal

    A pharmaceutical reseller's in-house counsel and founder lodged a breach of contract suit against Hagens Berman in Mississippi federal court, accusing the law firm of refusing to pay him his share of a $13 million attorney fees award stemming from an antitrust class settlement with Pfizer Inc. unit Wyeth.

  • December 02, 2024

    Gov't Owned Broadband Often Fails, Report Says

    A new report from an industry-backed think tank skewers government-owned broadband networks for purportedly relying on public resources to survive but operating inefficiently and competing unfairly against private internet service providers.

  • December 02, 2024

    Nvidia, Microsoft Accused Of Delay Game In AI Chip Fight

    Nvidia and Microsoft have traded barbs with a startup over its bid to put a 2025 trial on the calendar in its patent infringement and antitrust suit against them, telling a Texas federal court that the startup is trying to "barrel through the case" and eliciting accusations that they're playing a delay game.

  • December 02, 2024

    Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK

    A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.

  • December 02, 2024

    Musk Asks Court To Halt OpenAI's Conversion To For-Profit

    Elon Musk sought a preliminary injunction asking a California federal court to stop OpenAI from transitioning into a for-profit enterprise, arguing the plaintiffs and the public would be harmed whether as competitors, donors, investors, consumers, taxpayers, citizens or "simply as people" worried about AI rushing unsafe products into the marketplace.  

  • December 02, 2024

    Judge Trims Berkshire Unit's $20M Antitrust Trial Loss By 10%

    A Colorado federal judge has rejected an effort by a Berkshire Hathaway-owned construction supplier to reverse a jury verdict against it for monopolistic practices, but agreed to trim a $20 million judgment by nearly 10% to prevent a potentially "expensive retrial."

  • December 02, 2024

    'Malicious' Intent Testimony Nixed From Blank Rome Suit

    A Pennsylvania federal judge on Monday prohibited certain expert witnesses from opining on the alleged "malicious" intent an aircraft parts maker, represented by Blank Rome LLP, had when suing a onetime defense attorney who defected to the plaintiffs bar.

  • December 02, 2024

    Ark. Governor Wants Out Of Cherokee Casino License Row

    Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.

  • November 29, 2024

    Microsoft Beats Bid To Ax Defense To £270M Antitrust Claim

    Microsoft defeated a bid by a software reseller to strike out some of the defenses of the technology giant to a £270 million ($343 million) antitrust claim, after a U.K. tribunal ruled that the arguments should be heard at trial.

  • November 27, 2024

    Google Wants 9th Circ. To Undo Play Store Ruling In Epic Row

    Google has pressed the Ninth Circuit to reverse an injunction forcing it to allow third-party app distribution on its Play Store, arguing that the lower court's ruling will "directly undercut Google's efforts to compete against Apple and the iPhone."

  • November 27, 2024

    Deloitte Posed As Consultant To Steal Vax Software, Suit Says

    An inventor has accused Deloitte Consulting LLP in New York federal court of stealing her proprietary vaccination management system and securing a multimillion-dollar government contract for rolling out COVID-19 vaccines, saying the firm colluded with the Centers for Disease Control and Prevention to pilfer the technology.

  • November 27, 2024

    Drake Says UMG Boosted Lamar's False 'Pedophile' Claim

    Despite knowing Kendrick Lamar's "Not Like Us" single falsely accused Drake of being a "certified pedophile," Universal Music Group chose to boost the song across radio airwaves by potentially making illicit payments to iHeartMedia, the Canadian rapper alleged in Texas court the same day he made similar allegations in Manhattan.

  • November 27, 2024

    Samsung Drops Chip Antitrust Case Against Broadcom

    Samsung has agreed to drop its lawsuit in California federal court accusing Broadcom of blocking competition from rival mobile chip suppliers by forcing the electronics maker into signing a restrictive sales contract.

  • November 27, 2024

    32,000 Developers Certified As Class In Valve Antitrust Case

    A Washington federal court has certified a class of around 32,000 game developers in a case accusing Valve Corp. of blocking competition by enforcing pricing and other restrictions on games sold through its Steam platform.

  • November 27, 2024

    FCC Refers T-Mobile, UScellular Deal To Team Telecom

    The Federal Communications Commission has referred T-Mobile's anticipated $4.4 billion purchase of wireless operations from United States Cellular Corp. to the committee that vets foreign investment in the U.S. telecom market.

  • November 27, 2024

    GOP-Led States Accuse BlackRock Of Driving Up Coal Prices

    Texas is leading a coalition of nearly a dozen Republican-led states suing BlackRock Inc. and two other large asset managers for allegedly running an "investment cartel" that takes advantage of their large holdings in publicly traded energy companies to drive up coal prices, a claim that BlackRock has said is "baseless and defies common sense."

  • November 27, 2024

    Nonprofit Warns 3rd Circ. Against 'Abuse' In Merck Vax Case

    The anti-monopoly think tank Open Markets Institute urged the full Third Circuit to rethink a panel's immunization of Merck & Co. Inc. from antitrust claims over its mumps vaccine, arguing in an amicus brief that the doctrine cementing the right to petition the government doesn't justify the use of courts and administration as a "competitive weapon."

  • November 27, 2024

    Canadian Hockey League Escapes Antitrust Suit; NHL Still In

    The umbrella organization for three Canada- and U.S.-based developmental hockey leagues has been dropped as a defendant in a proposed federal antitrust class action by players accusing it and the National Hockey League of exploitation, abuse and unlawful restraint on their careers.

Expert Analysis

  • 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.

  • Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk

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    A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.

  • Takeaways From Nat'l Security Division's Historic Declination

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    The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Playing The Odds: Criminal Charges Related To Sports Betting

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    In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

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