Competition

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Albertsons Paints Picture Of Dire Future Without Kroger Deal

Albertsons told an Oregon federal judge Monday that if the Federal Trade Commission is able to block a proposed merger with Kroger, it could lead to layoffs and shuttered stores, because a go-it-alone Albertsons doesn't have the wholesale buying power to compete with Walmart and Costco on prices.
September 17, 2024
GC Base Salaries At Big Companies On The Rise

General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
September 17, 2024
Google Taps In-House Atty For Head Of General Litigation

Google has promoted a longtime in-house attorney to be its head of general litigation, tapping a 13-year veteran of the tech giant who originally studied architectural engineering before going to law school.
September 17, 2024
Express Scripts Blasts 'Biased' FTC Drug Middlemen Report

The Federal Trade Commission defamed Express Scripts and violated its constitutional rights with an inaccurate report that ripped the role pharmacy benefit managers play as middlemen between drugmakers and insurers, according to a lawsuit lodged Tuesday in Missouri federal court.
September 17, 2024
Competitiveness Outranks Climate In New EU Commission

European Commission President Ursula von der Leyen shifted her focus from climate change to boosting competitiveness as she proposed her team of commissioners for the next five-year mandate Tuesday, handing out key jobs covering everything from competition enforcement to trade policy.
September 17, 2024
Iveco Poland, Truck Distributors Fined $62M For Collusion

A Polish antitrust authority has imposed a fine of 238 million Zloty ($62 million) on truck-maker Iveco Poland and 10 distributors of the vehicles for restricting competition for almost a decade by colluding to share the market between them.
September 17, 2024
Guardian In Talks To Sell The Observer To Tortoise Media

The parent company of the Guardian newspaper is in talks to sell the Observer to Tortoise Media, in a possible deal that would include an investment of more than £25 million ($33 million) in the Sunday newspaper, the businesses said Tuesday.
September 16, 2024
Injectable Analgesic Maker Wants Generic Version Blocked

Mallinckrodt Pharmaceuticals has sued a rival drugmaker in Delaware federal court, alleging the company copied its injectable version of acetaminophen and infringed four patents in the process.
September 16, 2024
Apple Ruling May Embolden EU's Tax Policing, Experts Say

The European Court of Justice's ruling against Apple and Ireland last week runs contrary to its logic in a 2022 state aid ruling, potentially giving the European Commission a reason to think it can decide tax norms across Europe, tax experts said.
September 16, 2024
Amazon In-House Atty, FTC Vet Joins Weil In DC

The latest addition to Weil Gotshal & Manges LLP's antitrust practice group is a former senior corporate counsel with Amazon with nearly a decade of experience at the U.S. Federal Trade Commission.
September 16, 2024
Boeing To Pay Embraer $150M To End Failed JV Arbitration

The Boeing Co. will pay Brazilian aircraft manufacturer Embraer SA $150 million to resolve arbitration proceedings related to joint venture agreements the two entered into in 2019 that never materialized, Embraer revealed Monday.
September 16, 2024
Bayer Beats IP Firm's Bid To Nix European MRI Patent

Bayer AG has seen off a challenge by law firm De Simone & Partners to scrap its patent for a type of contrast agent used to improve the quality of MRI scans after European patent officials confirmed that it contained a new compound.
September 16, 2024
French EU Commissioner Quits In Dispute With Von Der Leyen

France's candidate to serve as European Union commissioner for the next five-year mandate resigned abruptly Monday, accusing commission President Ursula von der Leyen of "questionable governance" and of asking France to replace him.
September 16, 2024
Apple App Developers Bid To Go Ahead In £785M Class Action

A lawyer for a consumer advocate told Britain's antitrust tribunal on Monday that a proposed £785 million ($1 billion) claim by app developers against Apple over payments for commission should be allowed to go ahead as a class action.
September 16, 2024
Thoma Bravo's $5B Bid For Darktrace All Set For Completion

Darktrace PLC said Monday that a bid of approximately $5.3 billion by U.S. private equity firm Thoma Bravo for the British cybersecurity company has won all the necessary competition and regulatory approval, paving way for the deal to be completed on Oct. 1.
September 13, 2024
The 2024 Regional Powerhouses

The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
September 13, 2024
Sandoz Awarded $137M In Generic Hypertension Drug Fight

United Therapeutics Corp. owes Sandoz Inc. $137.2 million for conduct that breached an earlier settlement agreement between the parties and effectively blocked the sale of Sandoz's generic version of an injectable drug to treat hypertension, a New Jersey federal judge has ruled.
September 13, 2024
What To Know About The Google AdTech Trial

Google is set to resume its battle with the Department of Justice in a courtroom in Alexandria, Virginia, in one of the year's most high-profile lawsuits. The central question: Did the Californian search giant illegally monopolize the advertising technology space? Here, Law360 looks at takeaways from the first week's action.
September 13, 2024
EU Actors Lobby Hard For Top Jobs in New Commission

European Union lawmakers and national governments are lobbying intensely to pull top jobs and policy their way as the new European Commission is formed for the next five years.
September 13, 2024
Vista Hails Sweetened CSG Bid, But Leaves MNC Door Open

Vista Outdoor Inc. on Friday voiced support for an increased offer from Czech defense company Czechoslovak Group AS to buy a slice of the ammunition and outdoor company, while also urging MNC Capital Partners LP to make its "best and final" bid in a competing campaign.
September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow

In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks

After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
September 13, 2024
Steptoe Hires Antitrust Lawyer From Arthur Cox

Steptoe LLP has hired partner Ronan Scanlan to its London office, where he will expand its antitrust practice to help clients anticipate and mitigate legal and regulatory risks through cross-jurisdictional work.
September 13, 2024
Russia Expels 6 British Diplomats Accused Of Spying

Russia said Friday that it has revoked the diplomatic status of six British embassy employees after accusing the U.K. outpost of espionage, as geopolitical tensions between the two countries continue to rise.
September 13, 2024
FuboTV Antitrust Trial Against Disney Set For Fall 2025

FuboTV's antitrust trial against the launch of a new sports streaming service by The Walt Disney Co., Fox Corp. and Warner Bros. Discovery is set to begin Oct. 6 next year, according to a court filing Thursday.
September 13, 2024
Sky Can't Force Ofcom To Revisit End-Of-Contract Decision

Sky UK lost its attempt on Friday to force Ofcom to reconsider whether the media company broke consumer protection rules, even though Britain's competition tribunal has found that the telecommunications regulator had made mistakes in its original decision.

Editor's Picks

FTC Gears Up For Busy 2024 Merger Summer & Fall

U.S. antitrust enforcers at the Justice Department and the Federal Trade Commission are gearing up for busy months ahead against multibillion-dollar mergers in the grocery and luxury handbags spaces, while also adjusting to a hospital loss turnaround and bracing for an important airlines deal appellate ruling.
Enforcers Push Antitrust Agenda, Brace For Google Ruling

The first half of 2024 was marked by U.S. antitrust enforcers' pursuit of groundbreaking cases alleging anticompetitive conduct.
FTC's Bedoya Says Labor Concerns In Mergers Matter

Federal Trade Commissioner Alvaro Bedoya said Friday that it's important for enforcers to consider the impact mergers can have on labor, even if they never did in the past, contending that concentration can lead to lower wages and dangerous working conditions.

Expert Analysis

Assessing Algorithmic Versus Generative AI Pricing Tools

A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
A Look At UK, EU And US Cartel Enforcement Trends

The European Union, U.K. and U.S. competition agencies' recently issued joint statement on competition risks in generative artificial intelligence demonstrates increased cross-border collaboration on cartel investigations, meaning companies facing investigations in one jurisdiction should anticipate related investigations in other jurisdictions, say lawyers at Latham & Watkins.
A Preview Of AI Priorities Under The Next President

For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
DOJ Must Overcome Hurdles In RealPage Antitrust Case

The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
11 Patent Cases To Watch At Fed. Circ. And High Court

As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
EU Merger Control Concerns Remain After ECJ Illumina Ruling

The recent European Court of Justice judgment in Illumina-Grail is a welcome check on the commission's power to review low-threshold transactions, but with uncertainty persisting under existing laws and discretion left to national regulators, many pitfalls in European Union merger control remain, says Matthew Hall at McGuireWoods.
Why India May Become A Major Patent Litigation Forum

India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent

A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.
How Methods Are Evolving In Textualist Interpretations

Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
FTC Focus: What Access To Patent Settlements Would Mean

Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
Why Attorneys Should Consider Community Leadership Roles

Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
Firms Must Offer A Trifecta Of Services In Post-Chevron World

After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
5 Tips To Succeed In A Master Of Laws Program And Beyond

As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
Bayer Antitrust Case Hinged On Evolving Market Definition

Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.
NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.