Competition

  • June 03, 2024

    Michaels Stole Paint-By-Number IP, Company Says

    A paint-by-number company told a jury Monday during opening arguments in Texas federal court that arts and crafts corporation Michaels Stores Inc. used the company's trademarks to create a competing product, saying it only learned of the phony product after a customer called in praising it.

  • June 03, 2024

    Burford Tries To Send Dispute With German Co. To Arbitration

    Burford Capital is urging a Delaware court to force a German entity to arbitrate their dispute stemming from a funding agreement for litigation against truck manufacturers that were targeted by European regulators for fixing their prices for more than a decade in the early 2000s.

  • June 03, 2024

    USDA Proposes Another Rule To Protect Chicken Farmers

    The U.S. Department of Agriculture proposed a rule Monday to make changes to the way poultry farmers are compensated, as the agency looks to address alleged abuses by the large processing companies that also supply the chickens.

  • June 03, 2024

    Kroger, Albertsons Can't Get More Info On FTC Markets

    An Oregon federal judge denied Kroger and Albertsons' requests for more information on the markets at issue in the Federal Trade Commission's ongoing attempt to block their merger, saying the companies' request is premature and excessively broad.

  • June 03, 2024

    FTC Gets Backing Against Noncompete Rule Challenge

    The Federal Trade Commission has received backing against a challenge of its new rule banning noncompete clauses, with a labor group, local lawmakers and others urging a Texas federal court not to prevent the rule from taking effect in September.

  • June 03, 2024

    Put Net Neutrality On Ice During Court Reviews, FCC Urged

    Nine industry groups are calling on the Federal Communications Commission to delay making net neutrality rules effective until the federal appeals courts have a chance to review them, and to act quickly so the groups can seek a court order if needed.

  • June 03, 2024

    Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case

    A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."

  • June 03, 2024

    American Says 'Common Sense' Makes JetBlue Deal A Positive

    An attorney for American Airlines appeared to run into turbulence during his First Circuit oral arguments Monday while contending that the mere presence of "upward pricing pressure" from the since-blocked Northeast Alliance joint venture with JetBlue is outweighed by deal benefits improperly ignored by the district court.

  • June 03, 2024

    Drug Cos. Can Depose DC AG In Drug Price-Fixing Row

    A Connecticut federal judge reluctantly ordered the District of Columbia Attorney General's Office to be deposed by the drug companies wrapped up in more than 40 states' claims over an alleged price-fixing conspiracy, noting that he would not have done so but for the case being remanded from a sprawling multidistrict litigation in Pennsylvania.

  • June 03, 2024

    Las Vegas Newspaper Fights Rival's Bid To Set Trial Date

    The Las Vegas Review-Journal and the Las Vegas Sun are at each other's throats over setting a trial date in a yearsold dispute accusing the Review-Journal, formerly owned by the now-deceased conservative and billionaire Sheldon Adelson, of trying to drive its more liberal rival out of business.

  • June 03, 2024

    4 Mass. Rulings You Might Have Missed In May

    Massachusetts state court judges rejected a law firm's effort to fight malpractice claims by pointing the finger at a Rhode Island judge, and ruled that an online booking platform can boot the owner of Bali vacation villas from its site, among other under-the-radar decisions handed down in May.

  • June 03, 2024

    Restaurants Fight Bid-Rigging Release In $75M Chicken Deals

    Boston Market, Golden Corral and other restaurants have urged an Illinois federal judge to reject a class of chicken buyers' attempt to lock in $75 million in price-fixing settlements, continuing their fight to preserve a bid-rigging claim they argue should not be released.

  • June 03, 2024

    Bookstores Can't Step Into FTC's Antitrust Fight With Amazon

    A Washington federal judge on Monday declined to allow booksellers to intervene in the Federal Trade Commission's antitrust suit against Amazon to raise concerns about the digital retailer's book sales and agreements with publishers, but invited them to seek permission to file an amicus brief instead.

  • June 03, 2024

    Fla. Judge Won't Trim Mercer's Suit Against Ex-Adviser

    A Florida judge on Friday denied an investment adviser's bid to end claims by the parent company of her former employer Mercer Global Advisors' suit accusing her of stealing clients and interfering with its business.

  • June 03, 2024

    Sens. Say DOD Risks Security With Reliance On Microsoft

    Lawmakers told the U.S. Department of Defense that they want information on a reported plan to require an expensive Microsoft software upgrade for department components, expressing concern the Pentagon will risk security by increasing dependence on the technology company.

  • June 03, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery pushed out tons of decisions last week, along with a second round of new rules and letters of concern over pending changes to the state's corporate law code. The court's docket was as busy as ever, with new cases involving Tesla CEO Elon Musk, FTX cryptocurrency claims, and more. In case you missed it, here's the latest from Delaware's Chancery Court.

  • June 03, 2024

    Gibson Dunn Antitrust Pro Jumps To Paul Weiss

    An antitrust expert and former U.S. Department of Justice attorney has moved his practice to Paul Weiss Rifkind Wharton & Garrison LLP's Washington, D.C., office after a combined more than 10 years with Gibson Dunn & Crutcher LLP.

  • June 03, 2024

    Jane Street Blasts Trading Firm's Defense In Trade Secret Row

    Trading firm Jane Street Group LLC has urged a Manhattan federal judge to toss the counterclaims and affirmative defenses of two ex-employees and Millennium Management LLC in a trade secret suit, saying each is either "redundant" or has "little to no alleged facts to support" it.

  • June 03, 2024

    Mammoth Swipe Fees Cases Joined Together In Pass On Trial

    Two mammoth class actions against Mastercard and Visa will be heard together at a trial in November to resolve common issues about whether retailers passed on the credit and debit card giants' fees to consumers, a London tribunal has ruled.

  • May 31, 2024

    Caremark Cut Loose From CVS Price-Gouging Case

    A Rhode Island federal judge on Thursday dismissed Caremark from long-running litigation alleging CVS schemed with pharmacy benefit managers to overcharge insured health plans for generic drugs, finding Caremark's contracts with the funds have enforceable arbitration clauses.

  • May 31, 2024

    'You Didn't Do It': Antitrust Judge Rips Apple's Doc Production

    A California federal judge deciding whether Apple complied with her ban on App Store anti-steering rules ordered Apple for a second time Friday to produce documents, telling Apple's counsel "the whole point" is to get documents relevant to Apple's decision-making regarding its new 27% fee "and you didn't do it."

  • May 31, 2024

    Zillow Rival Tells 9th Circ. Listing Snub Not 'Optional'

    Defunct brokerage platform REX-Real Estate Exchange Inc. urged the Ninth Circuit to revive its deceptive practices suit against Zillow, arguing a Washington federal judge wrongly let the property listing giant off the hook for relegating REX home sale listings to a secondary tab on its website.

  • May 31, 2024

    Vape Co. Can't Toss Breeze Smoke's Claims In IP Row

    An Illinois federal judge has rejected vape pen maker Midwest Goods' bid to throw out counterclaims that it infringed competitor Breeze Smoke's trade dress and a design patent, while also denying a bid from Breeze Smoke for a preliminary injunction.

  • May 31, 2024

    Monthly Merger Review Snapshot

    The U.S. Department of Justice sued to unwind the 14-year-old merger between Live Nation and Ticketmaster, while the Federal Trade Commission advanced pending challenges of a grocery megamerger and deals in the healthcare and designer fashion space. Here are some of the major merger review developments from May.

  • May 31, 2024

    DOJ Slams Apple's Planned Bid To Dismiss Antitrust Suit

    The U.S. Justice Department has hit back against Apple's proposed bid to exit the department's antitrust suit claiming that the company is monopolizing the smartphone market, arguing that the technology giant ignores "well-pleaded facts" and misinterprets the law.

Expert Analysis

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

    Author Photo

    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

    Author Photo

    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

    Author Photo

    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

    Author Photo

    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

    Author Photo

    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • Where Justices Stand On Chevron Doctrine Post-Argument

    Author Photo

    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

    Author Photo

    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

    Author Photo

    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Antitrust Practitioners Should Address AI's Collusive Potential

    Author Photo

    As the sophistication of AI rapidly advances, there are also concerns that it could give rise to entirely new forms of conduct, raising serious questions as to whether and how existing antitrust principles should be applied, and a need for common understanding of the technology's implications and market impacts, says David Bamberger at DLA Piper.

  • A Potential Proactive Tool For Public-Private Joint Ventures

    Author Photo

    In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.

  • 5 AI Risks For Corporate Boards To Examine

    Author Photo

    Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.

  • 10 Global Antitrust Trends To Anticipate In 2024

    Author Photo

    Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.

  • Global Cartel Enforcement Looks Set To Intensify In 2024

    Author Photo

    The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.

  • Series

    Baking Bread Makes Me A Better Lawyer

    Author Photo

    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

    Author Photo

    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Competition archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!