Competition

  • November 15, 2024

    FCC Passes New Satellite Spectrum Sharing Rules

    The Federal Communications Commission on Friday released new rules covering the sharing of spectrum by non-geostationary orbit fixed satellites that commissioners say will encourage industry growth but also protect existing systems.

  • November 15, 2024

    Pennsylvania AG Can't Stop Glass Plant From Moving To Ohio

    A Pennsylvania federal judge denied the Keystone State attorney general's bid to stop a private equity firm from shutting down a Pyrex plant it purchased and moving its operations to Ohio, ruling that "there is simply insufficient evidence presented" to show that the move will be anticompetitive.

  • November 15, 2024

    Abbott Inks $8M Deal With Healthcare Fraudster In TM Suit

    A New York federal judge on Thursday green-lit a trademark infringement settlement in which Abbott Laboratories will receive $8 million from a Florida businessman who recently pled guilty to healthcare fraud for his role in a sprawling gray market scheme to profit off of Abbott's line of diabetic test strips meant to be sold internationally.

  • November 15, 2024

    Michael Jordan's Racing Team Seeks Speedy NASCAR Appeal

    Two NASCAR teams, including one owned by Michael Jordan, are hoping to sway the Fourth Circuit to fast-track their appeal of a lower court's decision to not grant their request to race next season, arguing that without an expedited process, a decision could come too late to matter.

  • November 15, 2024

    Off The Bench: NCAA Eligibility Fight, Movie Script Dispute

    In this week's Off The Bench, a college football star takes the NCAA to court seeking one more year to play, the plot of a recent Netflix release might have been lifted from another creator, and a transgender college athlete's right to compete is challenged by other players.

  • November 15, 2024

    Teva Defends Mifepristone Antitrust Case Against Corcept

    Teva Pharmaceuticals has asked a California federal judge to reject a bid to dismiss its lawsuit against the maker of a brand-name drug used to treat a rare cortisol disorder, contending its complaint plausibly alleges an illegal scheme to suppress generic competition.

  • November 15, 2024

    Wilson Sonsini Atty To Produce Docs In Under Armour Row

    Emails sent by a Wilson Sonsini Goodrich & Rosati attorney to employees of a Pittsburgh-area minor league baseball team he co-owns are not covered by attorney-client privilege and should be provided to Under Armour as part of discovery in an antitrust suit filed against the sports apparel giant, a Pennsylvania federal judge ruled this week.

  • November 15, 2024

    ​​​​​​​Visa Says European Commission Investigating 'Acquirer' Fees

    Visa is telling investors that European competition regulators are looking into its merchant fees, disclosing in its annual report this week that the European Commission has been investigating it since August.

  • November 14, 2024

    7th Circ. Unsure Of Meta's Bid To Arbitrate Deceptive Ads Suit

    The Seventh Circuit seemed unsure Thursday whether it should allow Meta to steer a media company's ad deception antitrust claims away from court and into arbitration, saying the case seems to fall outside the agreement Meta is trying to enforce.

  • November 14, 2024

    Judge Vows Atty Fee Trims For Handling Of $90M Google Deal

    A California federal judge overseeing Google's $90 million antitrust deal with Play Store developers on Thursday blasted counsel representing smaller developer plaintiffs and the administration company handling the settlement, criticizing the administrator's work as "the worst performance I've seen" and vowing to trim the attorney fees "substantially."

  • November 14, 2024

    Ex-JP Morgan Rep To Stop Soliciting Clients Amid Arbitration

    A former J.P. Morgan Securities LLC employee who left to work for Morgan Stanley has agreed not to solicit customers from her former employer while the parties arbitrate the broker-dealer's claims she lured clients with more than $12 million in assets away to its rival.

  • November 14, 2024

    'The World Has Changed': Google's $700M Deal Gets 2nd Look

    The California federal judge considering Google's $700 million antitrust deal with states and consumers told plaintiffs' counsel Thursday to review the settlement terms to ensure that they comport with Google Play store changes he ordered in Epic Games' separate lawsuit, saying "the world has changed" since they struck the deal.

  • November 14, 2024

    Atty's Conduct In IP Case Merits Fees Sanction, Judge Says

    A California federal judge said Thursday an attorney who represented a company that lost a trade dress infringement case should be jointly responsible with his client, Iconic Mars Corp., for paying attorney fees and costs for his conduct during litigation that culminated with microphone manufacturer Kaotica Corp. prevailing at trial in June.

  • November 14, 2024

    NYC Speeds Away From Taxi Drivers' RICO Claim

    New York City and its transportation officials have escaped a racketeering suit filed by New York cabdrivers that accused them of artificially pumping the value of taxi licenses, a federal judge ruled, saying that drivers failed to show that awarding them money would prevent others from becoming victims of the same allegedly "fraudulent scheme."

  • November 14, 2024

    AT&T Questions FCC's Legal Authority Over 'Unlocking' Rule

    AT&T has told the Federal Communications Commission that its proposal requiring mobile providers to unlock a customer's device within 60 days of signing up won't stand up in court.

  • November 14, 2024

    FTC's Holyoak Says New Comment Portal Shows Merger Bias

    Federal Trade Commissioner Melissa Holyoak said Thursday the design of a new portal allowing the public to comment on pending deals shows signs of the current leadership's view that all mergers are bad.

  • November 14, 2024

    Emergency Medical Providers Oppose $2.8B BCBS Deal

    A group of emergency clinic medical providers objected to the $2.8 billion settlement a broader class of medical providers reached with the Blue Cross Blue Shield network of insurers last month, as attorneys for the overall class boasted that the settlement would transform the insurers and bring historic payouts.

  • November 14, 2024

    Cherokee Nation Can't Get Ark. Casino Amendment Blocked

    An Arkansas amendment that revokes the casino gaming license of a Cherokee Nation tribal entity has taken effect after a federal district court judge denied a bid to block the measure while also dismissing the state and its racing commission as defendants in the litigation.

  • November 14, 2024

    Trump Taps His Criminal Defense Lawyer For Deputy AG

    President-elect Donald Trump on Thursday picked his personal defense attorney Todd Blanche to serve as second-in-command at the U.S. Department of Justice as deputy attorney general.

  • November 14, 2024

    DOJ Deputy Says Biden Stance Led To Fewer Harmful Mergers

    The deputy head of the U.S. Department of Justice's Antitrust Division offered a full-throated defense Thursday of the Biden administration's aggressive competition enforcement record, arguing, with a Republican takeover imminent, that "more demanding standards" for transaction remedies prompted real change by merging companies seeking to avoid a merger challenge.

  • November 14, 2024

    Boehringer Says Inhaler Antitrust Suit 'Fails On Its Face'

    Boehringer Ingelheim Pharmaceuticals Inc. and Boehringer Ingelheim International GMBH have urged a Connecticut federal judge to dismiss a proposed class action brought by health funds accusing it of monopolizing the inhaler market with improper patent listings, arguing the suit fails to allege any competitors were actually hindered by those patents.

  • November 14, 2024

    South Dakota Slams NCAA Over NIL Settlement 'Notice'

    South Dakota's attorney general has continued lodging criticism at the NCAA over its handling of a massive lawsuit related to the way student-athletes are compensated, telling a California federal judge the organization has failed to properly notify the state and others of a preliminary $2.78 billion settlement.

  • November 14, 2024

    Gaetz's Slim Legal Resume Raises Concerns Over AG Role

    Having never served as a prosecutor and with minimal experience practicing law, Matt Gaetz would have the thinnest legal resume of any attorney general in recent history and would face a steep learning curve, including daunting leadership challenges, if he were to take up the reins of the U.S. Department of Justice, experts say.

  • November 14, 2024

    Chipmaker's 'Bounty' Lawsuit Was 'Nonsensical,' Court Told

    A pair of litigation businesses want a California federal court to punish a Taiwanese chipmaker for responding to a patent lawsuit with "frivolous," "meritless" and "nonsensical" antitrust allegations surrounding use of a "bounty" to encourage litigation.

  • November 14, 2024

    Capri, Tapestry Kill $8.5B Handbag Deal Amid FTC Battle

    Capri Holdings Ltd. and Tapestry Inc. have called off their $8.5 billion merger following an extended regulatory battle with the Federal Trade Commission, with the companies mutually agreeing to terminate the deal because it is "unlikely" to obtain the regulatory approvals needed to close on time, Capri said Thursday.

Expert Analysis

  • Marching In On Orange Book Drugs May Have Limited Effect

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    Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • How To Prepare For Expanded HSR Notification Process

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    Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.

  • What To Expect From State AGs As Federal Control Changes

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    Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Opinion

    Efficiency Dept. Should Consolidate Antitrust Enforcement

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    President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

  • Destination Skiing And The DOJ's Mountain Merger Challenge

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    Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

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