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Competition
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October 25, 2024
Apple-Google Pact Plaintiff Stuck With 9th Circ. Appeal
A Ninth Circuit panel has refused to let a training school send its case accusing Google of paying Apple to refrain from developing its own search engine back to district court in light of a recent D.C. federal judge's decision that Google monopolizes the search market.
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October 25, 2024
Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday
In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.
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October 25, 2024
'Starting Point' Algorithm Enough To Fix Prices, DOJ Says
The Justice Department is using the first algorithmic price-fixing case to reach an appeals court to argue that just because an algorithm only set "starting points" doesn't make its use legal, in a Ninth Circuit amicus brief backing efforts to revive a room rate lawsuit against Las Vegas casino hotels.
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October 25, 2024
UK Antitrust Arm Opens Formal Probe Of $35B Software Deal
United Kingdom antitrust authorities triggered a formal investigation Friday into Synopsys Inc.'s $35 billion acquisition of Ansys Inc., satisfied that the transaction has enough ties to the country to merit greater scrutiny.
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October 25, 2024
FCC Didn't Play Favorites For Soros In Audacy Deal, GOP Told
The Federal Communications Commission's approval of radio station chain Audacy's recent ownership change mirrored the way it handled similar media deals in past years, the FCC's chief told critics alleging it fast-tracked the Audacy plan to benefit Democratic donor George Soros.
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October 25, 2024
MVP: Hueston Hennigan's John C. Hueston
John C. Hueston of Hueston Hennigan LLP led his firm to victory against Google twice last year, once on behalf of dating service company Match and then was invited onto the Epic Games trial team, where he helped convince a jury that the tech behemoth had used its app store to stifle competition, earning him a spot among the 2024 Law360 Competition MVPs.
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October 25, 2024
NCAA Creating Cloudy Future As It Clings To Control
Experts speaking at a symposium from Temple University's Beasley School of Law in Philadelphia drove home the point that the NCAA's multibillion-dollar court settlement providing damages and revenue to past and future college athletes falls far short of settling the remaining challenges to its control of college sports.
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October 24, 2024
Bell Says Vendor Shouldn't Get $127M In Trade Secret Suit
Bell Helicopter Textron Inc. told a Texas jury that a third-party vendor took the aerospace company's tech and "slapped their name on it," saying during closing arguments Thursday that jurors should reject California-based digital avionics equipment supplier Rogerson Aircraft Corp.'s ask of $127 million.
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October 24, 2024
Colo. Says Grocers' Execs Get Paid, No Matter The Fallout
Colorado told a state judge Thursday that consumers bear the risk in a proposed $24.6 billion merger between Kroger Co. and Albertsons, arguing grocery executives will still get their multimillion-dollar payouts even if prices go up or stores close.
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October 24, 2024
FTC Official Doubts Election Will Deter Antitrust 'New Era'
The Federal Trade Commission's Bureau of Competition director defended the agency's new guidelines and its track record during a wide-ranging discussion at the 34th annual Golden State Institute on Thursday, and he expressed confidence that whichever presidential candidate wins, a new administration won't deter this "new era" of FTC antitrust enforcement actions.
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October 24, 2024
FTC Probing Boeing's $4.7B Spirit Aero Takeover
The Federal Trade Commission wants to know more about Boeing's $4.7 billion plan to take over aircraft parts maker Spirit AeroSystems before it decides whether to sign off on the transaction, new filings have revealed.
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October 24, 2024
AMA Latest To Sue MultiPlan Over Out-of-Network Pricing
The American Medical Association and the Illinois State Medical Society are the latest to accuse MultiPlan and the nation's largest health insurers of colluding through the use of the data firm's pricing tools to systematically underpay out-of-network providers, alleging in Illinois federal court Thursday that the "far-reaching and unlawful cartel" inhibits its members from offering critical care.
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October 24, 2024
Walmart Hid Patent Evidence, Co.'s Sanctions Bid Claims
Zest Labs wants Walmart sanctioned in a suit claiming the retail giant stole the startup's trade secrets related to shelf-freshness technology, telling an Arkansas federal judge that Walmart hid important evidence about patents it had filed applications for.
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October 24, 2024
Trade Orgs Back Google's Bid For 9th Circ. Play Store Pause
Trade groups and cybersecurity experts have told the Ninth Circuit to extend the pause on the mandate forcing Google to open up its Play Store and help rival app stores compete through that distribution mechanism, backing Google with amicus briefs warning of major disruptions to the app ecosystem.
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October 24, 2024
Michael Jordan's Team Calls NASCAR A 'Monopolistic Bully'
NASCAR is acting like a "monopolistic bully" by deflecting a bid for expedited information in an antitrust suit, a pair of racing teams, including one owned by Michael Jordan, told a North Carolina federal court.
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October 24, 2024
DOJ, DOT Launch Inquiry Into Air Travel Competition
The U.S. departments of Justice and Transportation said Thursday that they're launching a joint inquiry into the state of competition in air travel, the latest in a run of Biden administration competition- and consumer-driven initiatives.
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October 24, 2024
DOJ Pushes Justices To Revive Bid-Rigging Conviction
Federal prosecutors told the U.S. Supreme Court that the Fourth Circuit got it wrong last year when it vacated the bid-rigging conviction of aluminum pipe maker Contech's former executive, arguing Wednesday that agreements between firms can be per se unlawful even when they have a vertical relationship.
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October 24, 2024
PBMs Want Separate FTC Hearings Over Insulin Prices
Caremark Rx LLC, Express Scripts Inc. and OptumRx Inc. are calling for separate proceedings in the Federal Trade Commission's case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes.
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October 24, 2024
Judge Halts Nev. Home Seller Action Amid NAR Settlement Talk
A Nevada federal judge has agreed to extend the pause for a proposed class action from Nevada home sellers against the National Association of Realtors and a collection of multiple listing services, as the defendants come to nationwide settlements with litigants in other cases.
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October 24, 2024
Dems Urge HHS To Better Protect Wheelchair Users From PE
A pair of Democratic senators is pressing the U.S. Department of Health and Human Services to do more to protect the approximately 5.5 million wheelchair users in the country from private equity "abuses."
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October 24, 2024
Court Pauses $8.5B Handbag Merger For FTC Challenge
A New York federal judge on Thursday paused the planned $8.5 billion merger between the owners of Michael Kors and Coach while the Federal Trade Commission challenges the deal over concerns about "accessible luxury" handbags.
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October 24, 2024
FCC Finds Fraught Turf In Planning The Future Of 4.9 GHz
The Federal Communications Commission wants to dedicate unused portions of the 4.9 gigahertz band to both public safety and 5G, but has discovered just how hard it is to please everyone in an era of dwindling spectrum resources.
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October 24, 2024
Heineken Faces €160M Claim After Dutch Market Abuse Ruling
Heineken was held jointly liable for its Greek subsidiary abusing its dominant position to hold back competitors by a Dutch court, paving the way for a rival brewery to press home its over €160 million ($173 million) antitrust claim against the beer giant.
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October 24, 2024
EU Court Upholds Annulment Of Intel's €1B Antitrust Fine
Computer chip giant Intel Corp. has beaten the European Commission's €1.06 billion ($1.14 billion) fine against it after the European Union's highest court ruled that a lower court could invalidate the EU administrative arm's conclusions, ending a long-running legal battle over the 2009 fine.
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October 24, 2024
MVP: Skadden's Steve Sunshine
Steve Sunshine, global head of antitrust at Skadden, led a team representing Activision Blizzard through its $69 billion acquisition by Microsoft and secured the dismissal of major antitrust claims for Apple, earning him a spot among the 2024 Law360 MVPs.
Expert Analysis
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Look For Flags On Expert Claims After Sunday Ticket Reversal
A California federal judge’s recent reversal of a jury’s $4.7 billion antitrust verdict in the NFL Sunday Ticket case indicates that litigants may be inclined to challenge expert testimony admissibility under Rule 702 of the Federal Rules of Evidence, and that judges may increasingly accept such challenges, say attorneys at Kutak Rock.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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UK Judgment Could Change Anti-Money Laundering Regimes
After the Court of Appeal of England and Wales' determination that criminal property remains criminal property in the hands of its purchaser even if purchased at market value, many businesses could face a new or heightened risk of prosecution for criminality in their supply chains and related money laundering offenses, say lawyers at Macfarlanes.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Bank M&A Continues To Lag Amid Regulatory Ambiguity
Bank M&A activity in the first half of 2024 continued to be lower than in prior years, as the industry is recovering from the 2023 bank failures, and regulatory and macroeconomic conditions have not otherwise been prime for deals, say Robert Azarow and Amber Hay at Arnold & Porter.
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FTC's Drug Middlemen Probe Highlights Ongoing Scrutiny
The Federal Trade Commission's interim staff report on its inquiry into pharmacy benefit managers suggests that the industry will remain under an enforcement microscope for the foreseeable future due to concerns about how PBMs affect drug costs and accessibility, say attorneys at Arnold & Porter.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Considerations When Using Publicly Available Data To Train AI
To maximize the benefits and mitigate the risks of using publicly available data to train artificial intelligence models, companies should maintain a balance between openness and protection, and consider certain best practices, says Michael Cole at Mercedes-Benz Research & Development North America.
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Parsing NJ Court's Rationale For Denying Lipitor Class Cert.
A New Jersey federal court's recent Lipitor rulings granting summary judgment and denying motions for class certification for two plaintiff classes offer insight into the level of rigorous analysis required by both parties and their experts to satisfy the requirements of class certification, says Catia Twal at Edgeworth Economics.
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Unpacking The Latest FTC Guidance On Multilevel Marketing
Branko Jovanovic and Monica Zhong at Edgeworth Economics discuss the Federal Trade Commission's recent advice for multilevel marketers on how MLMs should approach their income and earnings reports, including participants costs, typical proceeds and distributor gains.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.