Competition

  • February 20, 2025

    Sen. Warren Wants DOJ To Probe Disney-FuboTV Deal

    Sen. Elizabeth Warren is calling on the U.S. Department of Justice to "closely scrutinize" Disney's acquisition of a majority stake in the live television streamer Fubo, saying the deal raises serious antitrust concerns and could allow Disney to inflate prices.

  • February 20, 2025

    Musk's X Seeks Cash At $44B Valuation, Plus More Rumors

    Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 20, 2025

    Conflicts Should Block Mastercard Settlement, Innsworth Says

    Litigation-funder Innsworth told the Competition Appeal Tribunal on Thursday that the negotiating process behind a £200 million ($250 million) settlement to end a mass claim against Mastercard has created conflicts of interest which mean the deal should be refused. 

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    FTC 'Independence' When Dissent Can 'Get You Fired'

    The independence of agencies meant to run separately from the executive branch is on the chopping block and observers say that while the Federal Trade Commission already aligns itself with the White House to a large degree, unrestricted presidential power over commissioners could reshape the FTC in important ways.

  • February 19, 2025

    Judge Won't Halt PBM Case Over Attack On FTC Independence

    A Missouri federal judge refused to temporarily block the Federal Trade Commission's in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, rejecting the PBMs' claims that the Trump administration's attempt to eliminate safeguards protecting FTC members from at-will presidential removal favors their attempt to stop the case.

  • February 19, 2025

    3D Printing Co. Escapes Chancery Suit Over $575M Merger

    An ExOne Co. investor failed to show why the 3D printer manufacturer should have postponed a shareholder vote over its rival's purchase of the company, a Delaware vice chancellor has ruled, tossing the investor's proposed class action that alleged the company's board of directors breached its fiduciary duties.

  • February 19, 2025

    Democrats Say DOGE Took 'Trove' Of Musk Rivals' CFPB Data

    U.S. Sens. Elizabeth Warren, D-Mass., and Adam Schiff, D-Calif. demanded Wednesday that Elon Musk remove Department of Government Efficiency staffers from the Consumer Financial Protection Bureau, saying Musk's potential conflicts of interest undermine the agency's goals while giving Musk access to a "trove" of confidential corporate data and an unfair advantage against rivals.

  • February 19, 2025

    Syngenta, Corteva Can't Duck Ark. AG Antitrust Claims

    An Arkansas federal judge refused Wednesday to toss the Arkansas attorney general's antitrust lawsuit accusing pesticide makers Syngenta and Corteva of using anti-competitive rebates that amount to exclusive agreements to suppress generics competition, rejecting the companies' jurisdictional challenges and finding that the antitrust claims are sufficiently pled to proceed.

  • February 19, 2025

    Faegre Drinker Adds White & Case Antitrust Pro In SF

    Faegre Drinker Biddle & Reath LLP has brought on a former Silicon Valley office executive partner from White & Case LLP to its office in San Francisco, strengthening the firm's litigation practice with an attorney who said she has helped represent clients in multiple high-profile trials including matters involving antitrust issues.

  • February 19, 2025

    Buyers Say Berkshire Unit's Threats Raised Prices

    A company that buys calsil insulation filed a proposed class action on Wednesday against a Berkshire Hathaway-owned maker of the insulation, claiming a Colorado jury's antitrust verdict shows the manufacturer engaged in anticompetitive practices and passed on monopoly prices to buyers.

  • February 19, 2025

    Competition Group Of The Year: Winston & Strawn

    Winston & Strawn LLP represented former student-athletes who changed the shape of college sports with a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules, earning the firm a spot among the 2024 Law360 Competition Groups of the Year.

  • February 19, 2025

    Pot Consultant Says Ex-Partner Breached NDA, Swiped Client

    A Colorado-based cannabis consulting firm is suing one of its subcontractors, saying the other company breached a nondisclosure agreement and used confidential information to steal a contract with a California city.

  • February 19, 2025

    Mastercard Deal Does Not Need To Be Perfect, Tribunal Told

    Mastercard's £200 million ($250 million) agreement with Walter Merricks "does not have to be perfect" to get approval from the Competition Appeal Tribunal, lawyers for both sides argued on Wednesday in the court's first hearing in a contested class action settlement.

  • February 18, 2025

    Equifax Can't Duck Employment Verification Monopoly Claims

    A Pennsylvania federal judge on Tuesday refused to throw out a proposed class action accusing Equifax of monopolizing the income and employment verification market, rejecting Equifax's argument that plaintiff Greystone Mortgage hasn't plausibly alleged that Equifax engaged in anticompetitive conduct.

  • February 18, 2025

    Trump Exec Order Expands Control Over Independent Agencies

    President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.

  • February 18, 2025

    Net Neutrality Supporters Want 6th Circ. Redo On FCC Rule

    Public interest groups urged the full Sixth Circuit on Tuesday to reconsider toppling net neutrality rules, arguing that the court's holding conflicts with sister circuits' take on whether broadband providers can be regulated under the Telecommunications Act.

  • February 18, 2025

    Discover Can't Get Judge To Rethink Decision In Risk Case

    A New York federal judge will not rethink her decision denying Discover a quick win in a lawsuit over whether it and several other credit card companies conspired to dump fraud risk onto retailers, ruling that the suing retailers can continue their claims.

  • February 18, 2025

    OCC's Hood Eyes Mergers, Fintech In Agenda Preview

    The Office of the Comptroller of the Currency's acting chief Rodney Hood on Tuesday pledged efforts to ease regulations for so-called community banks, previewing an agenda that includes making it easier for them to merge and explore financial technology.

  • February 18, 2025

    IPhone Buyers Can't Get Apple DOJ Docs Before Discovery

    Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.

  • February 18, 2025

    Policyholders Win Bid To Preserve Records For Antitrust Suit

    Insurance policyholders who accused Hartford HealthCare Corp. of violating antitrust and unfair trade practices in a Connecticut state court can intervene in a federal court lawsuit with similar claims against the hospital network to preserve records for their class action, a federal district judge has ruled a month after the federal suit settled.

  • February 18, 2025

    Pepsi, Frito-Lay Accused Of Favoring Chains With Chip Prices

    PepsiCo and Frito-Lay are illegally favoring Walmart, Target and other chain grocery stores by charging them much lower prices for snack chips than independently owned businesses, a pair of California convenience stores alleged in a proposed class action filed in Golden State federal court.

  • February 18, 2025

    Ferguson, DOJ Keep Biden-Era Merger Guides For 'Stability'

    Federal Trade Commission Chairman Andrew N. Ferguson announced Tuesday that the agency would continue, for now, to use Biden-era merger review guidelines despite them being derided by business interests because he said they are largely "a restatement" of older policies.

  • February 18, 2025

    U. Of Ga. Athlete Joins Fight Against NCAA Eligibility Rules

    A baseball player at the University of Georgia on Tuesday became the latest college athlete to sue the NCAA over its eligibility rules, claiming that because a Tennessee federal judge granted a football player an extra year under similar circumstances, the NCAA "has already fought and lost this fight."

  • February 18, 2025

    Pot Co. Alliance Adds Class Claims To DC Dispensaries Suits

    A group of medical cannabis companies is adding class claims to suits it has filed against companies it alleges are acting as illegal recreational dispensaries in anticipation of consolidation of the suits.

Expert Analysis

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Opinion

    3 New Year's Resolutions For Antitrust Agencies To Consider

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    James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.

  • FTC Focus: A Changing Of The Guard

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    While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • 5 Antitrust Issues For In-House Counsel In 2025

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    Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025

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    U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

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    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

  • Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing

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    The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.

  • Using Contracts As Evidence Of Trade Secret Protection

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    Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.

  • 2025's Midmarket M&A Terrain May Hold A Few Bright Spots

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    Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.

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