Competition

  • January 29, 2025

    $7.8B ChampionX Deal Gets Added Scrutiny Across The Pond

    SLB's path to closing its proposed $7.8 billion acquisition of ChampionX got a little trickier Wednesday as the U.K. Competition and Markets Authority launched a formal investigation into a deal that is also under the scrutiny of U.S. regulators. 

  • January 28, 2025

    Trump Tells Federal Workers They're Welcome To Resign

    The Trump administration on Tuesday emailed about 2 million federal employees offering them the option to resign but continue to be paid to the end of September, in an effort to implement a campaign promise to drastically cut the federal workforce and only keep employees who are "loyal" and "trustworthy."

  • January 28, 2025

    Staples Settles Out Of Visa, Mastercard Swipe Fee Battle

    Staples on Tuesday settled out of an over decade-long antitrust battle lodged against Visa and Mastercard for allegedly overcharging merchants via swipe fees, leaving the payment card companies with one less retailer to face in trial this year over their alleged anticompetitive fee scheme.

  • January 28, 2025

    Capri Investors Sue Over Scrapped $8.5B Tapestry Merger

    Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.

  • January 28, 2025

    4th Circ. Raises Questions Over Health Data Access Order

    A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.

  • January 28, 2025

    Intuitive Beats $140M Antitrust Case Ahead Of Closings

    A $140 million antitrust case against Intuitive Surgical Inc. took a dramatic turn toward the close of trial Tuesday when a California federal judge threw out all claims against Intuitive and discharged the jury, citing the lack of evidence of an aftermarket under the Ninth Circuit's recent Epic Games v. Apple ruling.

  • January 28, 2025

    'Pencils Down' For Meta, Netflix Antitrust Case In Ill.

    Meta Platforms Inc., Netflix and a proposed class of consumers claiming the companies cut an illegal deal ceding the video streaming market to Netflix can wait to continue litigating their case until a California federal judge mulls summary judgment over similar claims out west, an Illinois federal judge said Tuesday.

  • January 28, 2025

    Minn. AG Settles Novo Nordisk Insulin Claims With Price Cap

    Minnesota's attorney general has reached a settlement resolving a long-running lawsuit accusing Novo Nordisk of inflating insulin prices, with the company agreeing to a $35 per month cap on out-of-pocket costs for state residents.

  • January 28, 2025

    'Extraordinary' $630M CDK Deal Wraps Auto Dealer Data MDL

    A certified class of car dealership app makers is seeking preliminary approval for the final settlement in the years-old web of cases accusing CDK Global of monopolizing auto dealership management software, with a $630 million Wisconsin federal court deal that puts a $140 million premium on estimated damages.

  • January 28, 2025

    Arguments Lined Up Against NCAA's $2.8B NIL Settlement

    A prominent plaintiffs-side sports attorney is joining the Department of Justice and a handful of athletes in trying to stop the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, which he says would impose "a price fix [that] harms athletes."

  • January 28, 2025

    Apple Can't Defend Google Revenue Deal In DOJ Search Case

    A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.

  • January 28, 2025

    'Godfather' Of AG Defense Retiring From Cozen O'Connor

    Bernard "Bernie" Nash, an attorney who pioneered the practice of defending companies against investigations by state attorneys general, is retiring from Cozen O'Connor and handing over the reins to his handpicked successors after nearly 50 years in private practice.

  • January 28, 2025

    Logistics Co. Says Director Created Rival While Still Employed

    A third-party logistics company took one of its former sales directors to North Carolina federal court alleging the man broke his employment contract while working for the company, misappropriated trade secrets and poached its clients to start his own competing firm.

  • January 28, 2025

    Vivint 'Kicking Dead Horse' In $190M TM Suit, 4th Circ. Hints

    Smart home software company Vivint faced an uphill battle Tuesday trying to convince the Fourth Circuit to dismantle a nearly $190 million verdict for allegedly tricking its rival's customers into switching providers, with one judge saying Vivint's claims that the lower court misapplied state consumer protection law are fruitless.

  • January 28, 2025

    Trump Wants TikTok 'Bidding War' As Microsoft Enters Talks

    President Donald Trump said that Microsoft is in discussions to purchase TikTok, stressing that a bidding war would be a "good thing" because that's how to get "the best deal."

  • January 28, 2025

    CMA Panel Blasts Microsoft's Software Licensing Practices

    The antitrust watchdog should consider sanctioning Microsoft over the harmful effect of its software licensing practices on the cloud computing market, an independent inquiry group said Tuesday.

  • January 27, 2025

    Pilgrim's Pride, Investors Ink $41.5M Price-Fixing Deal

    Investors in Pilgrim's Pride asked a Colorado federal judge Friday to greenlight a settlement with the meat company and its former CEO, who have agreed to pay $41.5 million to resolve long-running claims over misrepresentations and price-fixing in the broiler chicken market that led to artificially inflated stock prices.

  • January 27, 2025

    ​​​​​​​States Back In Spotlight As Feds Exit Net Neutrality Debate

    The Sixth Circuit might have recently hammered the last nail into the coffin of federal net neutrality rules, but states are poised to fill the void — just as some did when the last Trump administration tanked a previous broadband regulatory regime.

  • January 27, 2025

    Takeda Pushes Meijer Antitrust Suit Into Arbitration

    Meijer is going to have to arbitrate its claims that Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.

  • January 27, 2025

    Jury Will Decide $140M Intuitive Robo-Surgery Antitrust Case

    A federal judge on Monday rejected dueling requests for directed verdicts at the wrap of a $140 million antitrust trial over claims that Intuitive Surgical abused its market power in barring a repair provider's refurbished part for Intuitive's surgery robot, saying there's "substantial evidence" for jurors to decide on the parties' claims and counterclaims.

  • January 27, 2025

    FCC No Longer Mulling Broadband Bulk Billing Restrictions

    With the Federal Communications Commission now under Republican leadership, the agency has decided to pull its plan to restrict bulk billing for broadband services from the FCC's regulatory agenda.

  • January 27, 2025

    'Guesswork' Dooms Class Cert. In Meta Privacy Antitrust Suit

    A California federal judge has refused to certify a class of consumers who say Meta would have to pay users for their data if it didn't lie about privacy safeguards, finding that the motion was undone by the opinions of an economist who cannot get from general economics to market reality.

  • January 27, 2025

    Pair Of Google Advertisers Must Arbitrate Ad Tech Claims

    A New York federal court found that a pair of advertisers will have to arbitrate their claims against Google instead of trying to represent a class in the multidistrict litigation accusing the tech giant of monopolizing key digital advertising technology.

  • January 27, 2025

    FTC Mired Startups, But Trump Brings Hope, Tech Group Says

    Aggressive antitrust enforcement gave startups fewer exit opportunities as large companies like Google, Amazon and Apple pulled back on acquisitions, according to a Monday report from the Computer & Communications Industry Association, yet the trade group's chief economist is optimistic things will change under President Donald Trump. 

  • January 27, 2025

    Pool Co. To Face Rival's Contempt Bid Over $16M Judgment

    A Chinese pool parts supplier will have to appear for a show cause hearing to address whether it should be held in contempt for allegedly funneling money out of the country to avoid paying a $16 million judgment, a North Carolina federal judge said Monday.

Expert Analysis

  • 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.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

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