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Featured
'No Question' Google Faces Ad Tech Competition, Judge Says
The Virginia federal judge weighing the fate of Google's display advertising placement technology signaled potential trouble for the Justice Department on Friday, during a dramatic last day of the bench trial where she suggested the market is as competitive as the search giant maintains.
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October 02, 2024
Settlement Talks Fizzle As Soccer Antitrust Fight Plows Ahead
Hopes for a quick resolution in the antitrust brawl between the U.S. Soccer Federation and promoter Relevent Sports LLC seem dashed as the two sides informed a New York federal judge that settlement talks have stalled.
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October 02, 2024
Ex-Airline Exec Sentenced To 32 Months For $32M Scam
A New York federal court has handed down a 32-month prison sentence to a businessman who confessed to a conspiracy to defraud his former employer, Polar Air Cargo Worldwide Inc., of more than $32 million.
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October 02, 2024
GM Must Face Auto Part Co.'s Raid Conspiracy Counterclaim
General Motors can't slip an aftermarket car parts company's accusation that the auto giant was behind a government raid of its warehouses, a Michigan federal judge ruled Tuesday, allowing two of Quality Collision's counterclaims in a GM-filed patent infringement suit to stand.
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October 02, 2024
Greenberg Traurig Adds Arnold & Porter Antitrust Pro
Greenberg Traurig LLP's Washington, D.C., office is growing with the addition of a longtime Arnold & Porter Kaye Scholar LLP counsel with expertise assisting clients in merger and business conduct investigations by federal and state authorities, the firm announced Wednesday.
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October 02, 2024
Cooley Adds Longtime Jones Day Antitrust Partner In DC
A longtime Jones Day antitrust partner and former Federal Trade Commission attorney has jumped to Cooley LLP, the firm said Wednesday.
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October 02, 2024
DOJ Antitrust Pro Joins McGuireWoods In DC
A former leader in the U.S. Department of Justice Antitrust Division is the newest partner in McGuireWoods LLP's Washington, D.C., office, the firm announced Wednesday.
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October 02, 2024
Michael Jordan's Race Team Sues NASCAR Over Monopoly
NASCAR has exploited its economic power to dominate the market, allowing no other motorsport series to compete, according to an antitrust lawsuit filed Wednesday in North Carolina federal court by two racing teams, including one owned by Michael Jordan.
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October 02, 2024
Bid-Rig Charges Irrelevant To $26M Base Award, GAO Says
The U.S. Government Accountability Office has shot down a contractor's protest over a rival company being awarded a $26 million Army hospital maintenance contract, finding that the awardee's conviction for bid-rigging in Korea had no bearing on its track record of successful operations.
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October 02, 2024
Fried Frank's M&A Co-Head Views Rate Cuts, AI With Caution
While it might be tempting to jump with joy about the Federal Reserve's recent rate cut, Philip Richter, co-head of Fried Frank's mergers and acquisitions practice, takes a more measured view. Here, Law360 talks to Richter about the rate cut, the upcoming presidential election, artificial intelligence and more.
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October 01, 2024
Kroger Says Labor Costs Led To Price Hikes At Colo. Stores
A Kroger Co. pricing director testified Tuesday that the company raised prices at eight Colorado stores that have little competition in order to cover higher labor and operational costs in those mountain communities, during a trial in the state's bid to block the grocer's proposed $24.6 billion merger with Albertsons.
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October 01, 2024
NJ Hotels Beat Room Price-Fixing Suit For Good
Another algorithmic antitrust suit is off the table after a New Jersey federal judge said Monday that a room-rate proposed class action against Atlantic City casino-hotels has the same failings that doomed a case over room prices on the Las Vegas Strip.
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October 01, 2024
Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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October 01, 2024
Amex Sued By Merchants Over 'Anti-Steering' Rule
American Express violates federal antitrust laws by effectively preventing nearly all businesses that accept credit cards from incentivizing customers to use other cards with lower fees, a proposed class action alleges.
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October 01, 2024
Ill. Judge Won't Crack Jury's $18M Egg Price-Fixing Verdict
An Illinois federal judge said Monday that he wouldn't disturb a jury's since-trebled $17.7 million award to Kraft and three others that claimed two of the nation's largest egg producers and two industry groups conspired to raise prices, saying the jury heard enough to support their claims.
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October 01, 2024
Big Banks Urge Panel To Toss NJ Bond Marketing Claims
A New Jersey state judge erred when he applied a recent change in state law to deny a bid by JPMorgan Chase & Co. and other big banks to toss a suit accusing them of a scheme to inflate the interest rates of certain bonds, the banks argued Tuesday before a state appellate panel.
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October 01, 2024
Monthly Merger Review Snapshot
European enforcers saw a key merger policy cut down by the bloc's high court, while Kroger and Albertsons defended their planned $24.6 billion grocery store mega-merger from challenges in multiple venues, and the Federal Trade Commission pushed a bid to block a merger between the owners of Coach and Michael Kors.
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October 01, 2024
DOJ Joins Employee Antitrust Suit Against UPMC
The U.S. Department of Justice is backing a proposed class action from University of Pittsburgh Medical Center workers who say the hospital used noncompetes and blacklists to suppress wages, telling a Pennsylvania federal judge that UPMC's motion to dismiss the suit sets an "insurmountable" pre-discovery bar for plaintiffs.
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October 01, 2024
Ireland Eyes Infrastructure With €14B From ECJ Apple Case
The Irish government is aiming to build infrastructure with the €14.1 billion ($15.6 billion) in corporate tax payments due from Apple Inc. following a European Court of Justice ruling that Ireland granted Apple illegal state aid, officials said Tuesday in announcing next year's budget.
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October 01, 2024
Apple, Amazon Hint Hagens Berman Lacked Client's OK
Amazon and Apple blasted Hagens Berman Sobol Shapiro LLP for seeking to withdraw as counsel for the no-show original lead plaintiff in an antitrust suit targeting iPhone and iPad sales, hinting that the firm continued to pursue the case even after knowing its client wished to drop out.
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October 01, 2024
Stellantis Accuses Car Part Makers Of Cartel In €770M Trial
Peugeot and other car manufacturers told Britain's Competition Appeal Tribunal Tuesday that auto parts makers colluded to artificially drive up prices of car safety components, in the opening of a €770 million ($925 million) trial.
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September 30, 2024
FTC's Amazon Monopolization Suit Partly Tossed, For Now
A Washington federal judge on Monday agreed to trim the Federal Trade Commission's landmark monopolization case against Amazon and split the trial into two parts, although the order itself remains sealed, according to an entry on the case docket.
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September 30, 2024
Apple Says Epic's Injunction Can't Survive New Precedent
Apple Inc. asked a California federal judge Monday to vacate or at least narrow the injunction won by Epic Games Inc. against the iPhone maker's anti-steering rules, arguing that two recent rulings suggest that the judge got the state antitrust law wrong.
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September 30, 2024
Colo. Says Kroger Merger Would Divest To 'Retail Liquidator'
Colorado enforcers told a state judge Monday that Kroger Co.'s plan to inoculate against the anticompetitive effects of its $25 billion merger with Albertsons is doomed to fail because the company that would acquire hundreds of stores is a "liquidator" with no intention of running the stores long term.
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September 30, 2024
Epic Judge Slams Apple's 'Bad Behavior' Managing Discovery
A California federal magistrate judge overseeing discovery in Epic Games' antitrust compliance fight with Apple has refused to grant Apple's request to extend a compliance deadline to produce documents, slamming the tech giant for its "bad behavior" and eleventh-hour extension request and noting Apple has extensive resources to meet Monday's deadline.
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September 30, 2024
Siemens Will Pay $104M For Stealing GE, Mitsubishi Secrets
Siemens Energy on Monday pled guilty to wire fraud and agreed to pay $104 million to put to rest federal prosecutors' case accusing the company of misappropriating the confidential information of General Electric and Mitsubishi, a plea deal that comes after multiple former Siemens executives pled guilty in related cases.
Editor's Picks
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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.
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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.
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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
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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.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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What PCOAB's Broadened Liability Rule Means For Auditors
The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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Presidents And Precedents May Direct Khan's Future Course
While the Sept. 25 technical expiration of Federal Trade Commission Chair Lina Khan's term demands no immediate action, it does invite an analysis of commission policy and post-election possibilities, says Axinn's Richard Dagen, a former FTC official.