Competition

  • May 22, 2024

    Activist Investor Must Face Exxon's Suit Over Proxy Proposal

    A Texas federal judge Wednesday refused to dismiss an Exxon Mobil Corp. lawsuit against a U.S.-based activist investor over a now-withdrawn shareholder proposal concerning climate change, saying it isn't certain they won't refile their proposal in the future.

  • May 22, 2024

    Calif. Justices Debate Time To Sue To Change Insurer's Practices

    A California state attorney urged the California Supreme Court on Thursday to revive a policyholder's Unfair Competition Law claim against State Farm, saying the law's four-year statute of limitation applies over an insurance law's one-year period because the policyholder is seeking a change to its claim-handling practices, not damages.

  • May 22, 2024

    ATM Plaintiffs Must Share New Data In Visa, Mastercard Suit

    A D.C. federal judge ordered ATM operator plaintiffs on Wednesday to turn over updated data showing average interchange fees and transaction surcharges at the center of a discovery dispute in their long-running class action against Visa and Mastercard, telling the plaintiffs that she wanted to err on the side of "liberal discovery."

  • May 22, 2024

    Antitrust Judge Questions Apple's Phil Schiller On New Fees

    A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.

  • May 22, 2024

    Zillow Trade Practices Case Meets Skeptical Conn. Judge

    A federal judge in Connecticut on Wednesday seemed skeptical of a real estate sales associate's proposed class action complaint against Zillow Inc., suggesting that the website's "Zestimates" of home values are protected by the First Amendment during a summary judgment hearing on the sole remaining claim in the dispute.

  • May 22, 2024

    Likely NCAA Deal Negates Need For Transfer, Athletes Say

    Athletes suing the National Collegiate Athletics Association in Colorado over compensation rules have told a Colorado federal judge that the NCAA may have undermined its own bid to transfer the suit to California, citing recent news reports that the NCAA is in settlement talks in two other cases in the Northern District of California.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Accepting Price-Fix Tech Invite Can Be Enough: DOJ Official

    An advisor to the Justice Department's top competition official continued to argue Wednesday that signing onto a price setting algorithm can be enough to trigger antitrust liability if the program was billed as fixing prices.

  • May 22, 2024

    Ga. Hospital Says Own Bylaws Are Not Grounds For Suit

    Counsel for a major Georgia hospital urged a state appellate court Wednesday to shut down a lawsuit from a doctor who said the medical center poached his patients, arguing that the hospital gets to "enjoy broad authority" about whom its doctors treat.

  • May 22, 2024

    Axon Says Deal Saved 'Vital' Services In Antitrust Case

    Axon Enterprise Inc. is looking to toss allegations that it monopolized the Taser and body-worn camera markets, arguing that its acquisition of a body camera supplier preserved vital services for police departments while a trio of municipalities said the deal resulted in higher prices.

  • May 22, 2024

    Insurance Co. Says Ex-Underwriter 'Lured' Away Colleagues

    An insurance brokerage and its affiliate have accused a former high-ranking company official of decamping for a competitor and encouraging colleagues to follow suit, according to a complaint designated Wednesday to North Carolina Business Court.

  • May 22, 2024

    Teva, Bristol-Myers Cite Bystolic Against Cancer Drug Case

    Celgene and parent Bristol-Myers Squibb pointed a New Jersey federal judge to the dismissal, recently upheld by the Second Circuit, of an antitrust suit over delayed generic competition to AbbVie's hypertension treatment Bystolic to argue the same logic applies to their bid to duck antitrust claims over cancer therapies.

  • May 22, 2024

    House Dems Launch Price-Fixing Probe Of Oil Giants

    U.S. Congressman Frank Pallone Jr., as ranking member of the House Committee on Energy and Commerce, revealed Wednesday that he has launched an investigation into seven oil and gas companies over growing concerns that they are illegally colluding to artificially inflate gas prices.

  • May 22, 2024

    UK Gov't Calls Elections For July 4 Despite Poor Polls

    Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4, advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.

  • May 21, 2024

    Pacific Seafood Beats Crab Price-Fixing Claims, For Now

    A California federal magistrate judge on Tuesday dismissed a proposed class action claiming Pacific Seafood fixed the price paid to fishers for Dungeness crab in the Pacific Northwest but will allow the fisherman who filed the suit the opportunity to amend most of his claims.

  • May 21, 2024

    Realtors Want Rethink After DOJ Antitrust Probe Allowed

    The National Association of Realtors has asked the D.C. Circuit for a rehearing after the appeals court found the U.S. Department of Justice can reopen an antitrust investigation into the trade group despite an earlier agency settlement over the association's rules.

  • May 21, 2024

    Sens. Challenge Pharma Lobbyist Over Patent Abuse

    U.S. senators from both sides of the aisle took turns at a Tuesday hearing questioning the pharmaceutical industry's top lobbyist over whether patent abuse plays a role in maintaining the high price of prescription drugs.

  • May 21, 2024

    Ship Engineers Take Case Against Shipbuilders To 4th Circ.

    A pair of naval engineers are challenging a Virginia federal judge's decision to toss their proposed class action accusing a collection of shipbuilding military contractors of entering into secret "no-poach" agreements, asking the Fourth Circuit to take up their appeal in a new filing.

  • May 21, 2024

    Eye Drops Must Sell On Even Terms Under Rare Antitrust Win

    A California federal judge cemented a rare win under a little-used antitrust law, following up on a December jury verdict against an eye drops company with a decision barring it from offering Costco better terms than the retail wholesaler plaintiffs.

  • May 21, 2024

    Apple Tees Up Bid To Toss DOJ IPhone Monopoly Suit

    Apple argued that it has the right to choose how it does business in a preview Tuesday of its upcoming explanations for why a New Jersey federal judge should dismiss the Justice Department lawsuit accusing the iPhone maker of restricting third-party app access to monopolize the smartphone market.

  • May 21, 2024

    FSU Asks NC Justices To Favor Fla. Suit In ACC Fee Fight

    The Florida State University board of trustees has asked North Carolina justices to do what the Tar Heel state's Business Court did not and halt the Atlantic Coast Conference's lawsuit over media rights contracts in favor of letting parallel litigation in Florida play out.

  • May 21, 2024

    FTC Chair Khan Says Corporate Concentration Creates Fear

    Federal Trade Commission Chair Lina Khan said Tuesday that corporate concentration creates fear for many Americans, including small businesses that rely on digital gatekeepers like Google and Amazon.

  • May 21, 2024

    Tuna Buyers Seeking $1B In July Price-Fixing Trial

    Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.

  • May 21, 2024

    F1's Andretti Denial Stokes Collusion Fears On Capitol Hill

    Formula One's reluctance to add an American racing team to its championship drew a sideways glance from Capitol Hill on Tuesday, as a group of U.S. senators urged the Biden administration to probe F1's governance board for potential antitrust violations.

  • May 21, 2024

    $93M Lipitor Antitrust Deal Sparks Dispute Over Fee Division

    Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor are squabbling over how to divide up to $31 million in attorney fees before a New Jersey federal judge even approves the total, according to court documents.

Expert Analysis

  • McKesson May Change How AKS-Based FCA Claims Are Pled

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    The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Deciding What Comes At The End Of WTO's Digital Tariff Ban

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    Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.

  • FTC Noncompete Ban Signals Rising Labor Focus In Antitrust

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    The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Behind Indiana's Broad New Healthcare Transactions Law

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    The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • What FERC's Disclosure Demands Mean For Cos., Investors

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    Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.

  • Clemson's ACC Exit Fee Suit May Have Major Consequences

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    Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.

  • FDIC Bank Merger Reviews Could Get More Burdensome

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    Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Apple Ruling Offers Morsel Of Certainty On Litigation Funding

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    An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • 4 Ways AI Tools Can Improve Traditional Merger Analyses

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    Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

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