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Competition
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November 06, 2024
EU Court Won't Toss Commission's Tax Clawback In Portugal
A European Union court on Wednesday tossed two challenges to a European Commission ruling that Portugal must claw back tax breaks provided to companies with no local economic activity because that ran counter to commission-approved policies.
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November 06, 2024
Ga. Contractor Says Company Used His Licenses For Permits
A Georgia contractor and his companies hit a Buford-based contracting company and four individuals with a lawsuit alleging that they used his trade name and licenses to get permits for projects in the Atlanta area without his knowledge or consent.
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November 06, 2024
Conflict Fears Won't Take Judge Off NASCAR Antitrust Suit
The North Carolina federal judge overseeing a budding antitrust case against NASCAR will remain on the case after attorneys waived concerns about the apparent conflict posed by one of his former clerks working on the suit.
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November 06, 2024
Corning Hit With EU Probe Over Mobile Phone Glass Deals
Corning faces an investigation by the European Commission over suspicions the multinational glass producer abused its dominant position in the global market for a glass used to protect mobile phone screens, the antitrust watchdog said Wednesday.
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November 06, 2024
Credit Suisse, Crédit Agricole Lose EU Cartel Fine Challenge
Credit Suisse and Crédit Agricole lost their challenge at a European Court on Wednesday to millions of euros in fines imposed by the European Commission for their involvement in a bond trading cartel.
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November 06, 2024
Capita's £207M Software Co. Takeover Deal Gets UK Probe
The Competition and Markets Authority has said it will investigate the completed £207 million ($267 million) acquisition by real estate software maker MRI Software LLC of Capita One Ltd. to examine whether the deal could weaken competition in U.K. markets.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Ex-US Attorney Wins Wash. Attorney General Race
Seattle's former U.S. attorney Nick Brown will become Washington's next attorney general and the first Black man to hold the position, beating a mayor from the eastern part of the state who ran on his record as a gun rights advocate, the Associated Press projects.
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November 05, 2024
Wash. AG With Antitrust Focus Wins Governor's Race
Bob Ferguson, a three-term Washington attorney general who drew national attention as an antitrust leader and a staunch advocate for consumer protection, was elected the state's governor Tuesday.
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November 05, 2024
Pa. AG Gets Order To Stop Glass Plant Dismantling
The investment-firm parent of kitchenware company Anchor Hocking Holdings can't dismantle a recently shuttered glass plant in Pennsylvania until the state attorney general argues her case that the purchase and closure of the plant may be anticompetitive, according to a court order unsealed Monday.
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November 05, 2024
Public Interest Groups Press For 60-Day Phone 'Unlocking'
Three big consumer advocate groups are throwing their weight behind a Federal Communications Commission proposal to require mobile providers to unlock a customer's device within 60 days of their signing up, saying the move would "most benefit lower-income customers."
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November 05, 2024
Allow More High Power Use In Shared Airwaves, Org. Says
The Federal Communications Commission is looking at overhauling the Citizens Broadband Radio Service, and the group that helped develop the standards for it originally says it's time to allow high power use in the midband spectrum.
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November 05, 2024
Bankruptcy Not Delaying NJ Health System's Antitrust Case
A New Jersey federal magistrate judge on Tuesday partly denied CarePoint Health Management's request to delay its antitrust case against RWJBarnabas Health Inc. because of CarePoint's recent bankruptcy filing.
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November 05, 2024
Fubo Defends Block Of Sports Streaming Service At 2nd Circ.
Fubo is defending a New York federal judge's order blocking the launch of a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery at the Second Circuit, telling judges there that competitors wouldn't stand a chance in the sports streaming market without the programming that the three behemoths control.
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November 05, 2024
Texas Rebar Giant CMC Hit With $110M Antitrust Verdict
A California federal jury hit Commercial Metals Co. with a $110 million antitrust verdict on Tuesday, finding the Texas rebar giant liable for multiple antitrust violations and awarding Pacific Steel Group millions of dollars in lost profits and other damages.
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November 05, 2024
DC Circ. Wary Of FTC Changes To $5B Meta Privacy Deal
The Federal Trade Commission faced a skeptical D.C. Circuit panel Tuesday in its bid to modify a $5 billion privacy deal with Meta, with judges questioning why any private company would settle with the agency if the deal could later be reopened.
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November 05, 2024
FTC Defends Noncompete Ban In 11th Circ. Appeal
The Federal Trade Commission told the Eleventh Circuit the agency is authorized to make rules like the one banning the use of employee noncompetes and argued that a lower court was wrong to block the commission from enforcing the rule against a retirement community.
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November 05, 2024
Hagens Berman Defends Bid To Ditch AWOL Apple Suit Client
A Washington federal judge expressed skepticism on Tuesday that Hagens Berman Sobol Shapiro LLP was within its rights to substitute a proposed class representative in an antitrust case against Amazon and Apple earlier this year when the lead plaintiff stopped communicating with the firm.
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November 05, 2024
Amazon Bashes Wash. Supreme Court's Price-Gouging Ruling
Amazon urged a Washington federal judge Monday to toss an updated proposed consumer class action alleging price gouging during the pandemic, saying the claims remain overly broad and the Washington Supreme Court's interpretation of the state's consumer protection law is unconstitutionally vague.
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November 05, 2024
Meta Ruling Will Fuel Class Actions, Chamber Warns Justices
Business organizations are backing Meta's appeal of a Ninth Circuit ruling upholding damages class certification for a group of Meta advertisers claiming they were misled about Facebook's ad tools, with the industry outfits telling the U.S. Supreme Court that the Ninth Circuit is out of sync with other circuits on class questions.
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November 05, 2024
Thermo Fisher Antitrust Counsel Returns To Ropes & Gray
A former Ropes & Gray LLP attorney has returned to the firm after a stint in-house at Thermo Fisher Scientific Inc., strengthening the firm's antitrust practice.
Expert Analysis
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How Biden Admin Has Used Antitrust Tools, And What's Next
The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.
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How BIS' Rule Seeks To Encourage More Voluntary Disclosure
Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.
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Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance
A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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5th Circ. Shows Admin Rules Can Survive Court Post-Chevron
The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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8 Issues AI Firms May Encounter As M&A Action Accelerates
As the AI merger climate heats up, potential complications may arise, including antitrust scrutiny, talent retention agreements, and aggressive and protective deal terms intended to compensate for lofty valuations, say Scott Schwartz and Kishan Barot at Manatt.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Takeaways From Novo Nordisk's Fight For Market Exclusivity
Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.