Competition

  • September 06, 2024

    EU Antitrust Chief Charts Path Forward After Illumina Setback

    The European Union's top antitrust official said a recent ruling that found enforcers lacked authority to probe Illumina's $8 billion acquisition of Grail put an end to an important merger review tool and suggested legislation may be needed to plug the gap.

  • September 06, 2024

    Property Co. Not Covered By Excess Carriers In Antitrust Row

    A property management company is not owed coverage from two excess insurers in an underlying multidistrict litigation surrounding allegations of a price-fixing conspiracy involving software company RealPage Inc., a Massachusetts federal judge ruled, finding the excess insurers had no obligations under the management company's primary policy.

  • September 06, 2024

    DOJ Must Give Google 'Something Concrete' On Search Fixes

    The Justice Department cannot wait until February to propose remedies meant to address Google's default contract exclusionary thumb on the scales of online search, a D.C. federal judge told the agency during a hearing Friday, adding that the government needs to put a definitive proposal on the table much sooner.

  • September 06, 2024

    Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal

    In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.

  • September 06, 2024

    NC Restoration Co. Wants Out Of Rival's Noncompete Fight

    The new owner of a property restoration company caught in the crosshairs of a fight between its founders and their former employer has asked for a quick exit from the dispute, saying it can't be held liable for the founders' actions when the parties' real beef is with each other.

  • September 06, 2024

    Google Hit With Ad Tech Complaint In UK As DOJ Trial Looms

    The U.K.'s competition enforcer accused Google on Friday of abusing its dominance over the technology used to place ads on third-party websites, as the tech giant gears up for a trial on similar claims from the U.S. Department of Justice.

  • September 06, 2024

    Cleveland-Cliffs Faces Trial Over Mining Co.'s Antitrust Claims

    A Delaware bankruptcy court has partially allowed claims accusing steelmaking giant Cleveland-Cliffs of engaging in anticompetitive behavior that harmed a mining venture's efforts to complete an iron mine and ore plant in northern Minnesota to go to trial by a jury in federal court.

  • September 06, 2024

    Software Co. Targets Validity Of Data Tracker Patents

    A software company pressed a North Carolina federal court to throw out a rival's patent infringement claims concerning software that allows businesses to track a website user's browsing without third-party cookies, arguing the patents are invalid.

  • September 06, 2024

    Judge Barnard Says It's 'About Time' For Texas Biz Court

    Law360 recently talked with Judge Marialyn Barnard, who transitioned this month from the 73rd District Court to Texas Business Court, about the newly created court.

  • September 06, 2024

    As Biden Looks To Block US Steel Deal, Rival Co. Weighs In

    Cleveland-Cliffs is lauding President Joe Biden's reported decision to block U.S. Steel's $14.9 billion planned merger with Nippon Steel and says it is ready to scoop up U.S. Steel's union assets, as the rival steelmaker weighed in on the matter following a flurry of quick developments this week indicating that the Nippon deal is all but dead.

  • September 06, 2024

    Glioblastoma Org. Wants End To Rival's Use Of 'GBM'

    The Glioblastoma Foundation has hit a competing nonprofit with a suit alleging that the group's use of the initials "GBM" in its name has ripped off its trademark and sown confusion among donors who can't tell the two organizations apart.

  • September 06, 2024

    EU Gears Up For New Commission With A Plea: More Women

    European Commission President Ursula von der Leyen is gearing up to distribute the top jobs in foreign trade, economics and antitrust among the new commissioners for their five-year mandate, but she is pressing countries in the bloc to nominate more female candidates.

  • September 06, 2024

    CMA Wins Bid To Revive £100M Pharma Cartel Fine

    A London appeals court has upheld more than £100 million ($130 million) in fines against a group of pharmaceutical companies over an alleged price-fixing cartel, finding on Friday that the Competition and Markets Authority had properly argued its case.

  • September 06, 2024

    CMA To Probe GXO's £762M Bid For Logistics Biz

    The antitrust authority of the U.K. on Friday launched the first phase of inquiry into the U.S.-based GXO Logistics Inc.'s £762 million ($950 million) takeover of British supply-chain group Wincanton PLC.

  • September 06, 2024

    SEC Accuses Esmark Of Lying About US Steel Bid

    A failed bid to acquire U.S. Steel has landed Pittsburgh-based Esmark Inc. in hot water with the U.S. Securities and Exchange Commission, which announced Friday that it had fined the company and its founder for falsely claiming they had the money to buy the manufacturing giant.

  • September 05, 2024

    Nvidia, Microsoft Face Patent, Cartel Allegations In Texas Suit

    A new lawsuit accuses Nvidia of holding "monopoly power" over the market on graphics processing in the artificial intelligence space and alleges the tech company is colluding with Microsoft and a prominent patent risk management company to squeeze out a small startup that claims to have developed the "fundamental intellectual property" behind that technology.

  • September 05, 2024

    NCAA's $2.78B NIL Deal Misses 1st Shot At Initial OK

    A California federal judge declined Thursday to preliminarily approve a $2.78 billion deal to settle an antitrust class action targeting the NCAA's name, image and likeness compensation rules, saying counsel must "go back to the drawing board" on some of the deal's terms.

  • September 05, 2024

    Judge Sharp No Stranger To Complex Cases Biz Court To See

    Business Court Judge Stacy Sharp says that most of the cases she's litigated across her career would have been a perfect fit for the state's newest venue.

  • September 05, 2024

    FTC Staff Opposes Indiana Hospital Merger

    Federal Trade Commission staff on Thursday urged Indiana's health department to reject Union Health's planned purchase of Terre Haute Regional Hospital LP from HCA Healthcare Inc.

  • September 05, 2024

    Advisory Opinion Backs Italian Case Against Android Auto

    Italian antitrust authorities got a boost Thursday defending a more than €100 million fine ($113.3 million at current exchange rates) against Google and an order requiring the company to further open up its Android Auto app that integrates with car infotainment systems, thanks to an advisory opinion submitted to Europe's highest court.

  • September 05, 2024

    Investment Firm Fights Order To Return Docs In NJ Bias Suit

    A Black-owned investment firm accusing BlackRock Inc. and New Jersey of squeezing it out of a lucrative contract has challenged a U.S. magistrate judge's order to return redacted emails to the Garden State, arguing that the order was made without a full written record or a requested conference on the privilege dispute.

  • September 05, 2024

    Mayors Say No To FCC Bulk Billing Proposal

    Dozens of mayors from across the country have teamed up to tell the Federal Communications Commission that they are against its plans to enact stricter regulations against bulk billing arrangements, saying the agency's "intervention would be detrimental."

  • September 05, 2024

    PE Firm Argues Tossing of FTC Case Also Ends Workers' Suit

    The dismissal of a government antitrust action against Welsh Carson Anderson & Stowe warrants the dismissal of a second lawsuit brought by a Houston workers' benefit fund since the complaint is "unapologetically based" on the parallel Federal Trade Commission action, the private equity firm told a Houston federal judge in a hearing Thursday.

  • September 05, 2024

    Google Wants To Know Now What Search Fixes DOJ Will Seek

    The U.S. Department of Justice and Google are offering a D.C. federal judge opposing views about how the remedy phase should go in the search monopolization case, with Google pressing to know as soon as possible what enforcers will be asking for.

  • September 05, 2024

    CFPB Flags Rental Price-Fixing As Among FDCPA Concerns

    In a Sept. 5 report to Congress, the Consumer Financial Protection Bureau said rent-setting algorithms of the sort used by RealPage could amount to price-fixing, making efforts to collect on inflated rental debt a violation of federal law.

Expert Analysis

  • The Current State Of Healthcare Transaction Reviews In Calif.

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    As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • 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.

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