Competition

  • March 22, 2024

    UK Says £16.5B Vodafone-Three Deal May Hurt Consumers

    Britain's antitrust authority said Friday that plans by Vodafone and Three to merge their U.K. telecommunications networks to create a £16.5 billion ($20.8 billion) mobile operator could lead to higher prices for consumers.

  • March 21, 2024

    Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases

    An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.

  • March 21, 2024

    Nexstar Ducks Antitrust Suit Over Retransmission Fees

    DirecTV says it refused to ink retransmission deals with two companies that were illegally collaborating with Nexstar Media Group Inc. to fix prices, resulting in massive channel blackouts and customer loss, but according to a New York federal judge, that refusal is why its antitrust claims fall flat.

  • March 21, 2024

    Colo. Distributor Seeks $2.3M Sanction For Stryker Spoilation

    A Colorado medical device distributor urged a federal judge to make Stryker and its lawyers pay $2.3 million in attorney fees as sanctions for "pervasive misconduct" throughout discovery and trial, arguing discovery violations will otherwise become the "cost of doing business" for the medical technology giant.

  • March 21, 2024

    9th Circ. Partially Backs Meta Class Cert. In Ad Reach Row

    A split Ninth Circuit panel on Thursday affirmed certification of a damages class of Meta Platforms advertisers who were allegedly deceived about Facebook's "potential reach" tool, but upended certification of an injunction class, telling the district court to take a fresh look at whether the lead plaintiff actually has standing.

  • March 21, 2024

    LinkedIn Must Face Monopoly Lawsuit

    A California federal judge refused Thursday to toss a proposed antitrust class action accusing LinkedIn of using online interface access to pay off would-be rivals, even as he signaled potential trouble ahead once the factual details of those access agreements come into play.

  • March 21, 2024

    4 Things To Know About DOJ's Apple Antitrust Showdown

    As Apple prepares to fight state and federal prosecutors' monopoly claims filed Thursday, consumer advocates say it's high time allegations that the company stifles competition in the smartphone and app markets be taken to court, but Apple warns that a win for the government would harm its users.

  • March 21, 2024

    Microsoft, Meta, Others Say Apple Violating Court Order

    Major developers including Microsoft, Meta Platforms and Spotify have told a California federal court that Apple is not complying with an order secured by Epic Games barring Apple's use of anti-steering rules in the App Store.

  • March 21, 2024

    9th Circ. Won't Rethink Apple App Store Rival's Antitrust Suit

    A split Ninth Circuit panel has refused to rehear a rival app store developer's bid to revive an antitrust suit alleging that Apple monopolizes the market for app distribution on iOS devices with its App store.

  • March 21, 2024

    Avoid Major Extension Of Merger Reach, EU High Court Urged

    An important tool for extending European Union antitrust officials' merger scrutiny appears to be in jeopardy after a European Court of Justice advocate general effectively recommended Thursday that the bloc's high court restrict the ability to investigate transactions that don't normally trigger EU thresholds.

  • March 21, 2024

    FTC Says Retailers Used Pandemic To Boost Profits, Power

    The Federal Trade Commission said Thursday that some grocery retailers appear to have used their market power to avoid supply disruptions during the COVID-19 pandemic and that grocery prices remain high because companies used rising costs as an opportunity to boost profits.

  • March 21, 2024

    Mike Ashley Sues Soccer Club Over Kit Amid Staveley Fight

    Newcastle United soccer club has been sued by its former owner, Mike Ashley, on allegations it restricted competition by refusing to provide his retail company with its newest replica soccer kits, Britain's antitrust tribunal said Thursday.

  • March 21, 2024

    Barings' Exec Helped Raid Employees To Join Rival, Suit Says

    A former executive of the investment firm Barings LLC is accused of joining a rival firm who together conspired to hire away 21 Barings employees and then offered to buy the decimated Barings unit for "on the dollar" in "one of the largest corporate raids at an asset manager in years," a suit alleges.

  • March 21, 2024

    CFPB Head Sees Flaws In Capital One-Discover Deal Rationale

    The head of the Consumer Financial Protection Bureau pushed back on Thursday against the notion that an industry's biggest firms must be put in check through mergers between other large players in that sector, offering an indirect rebuttal to the reasoning floated by Capital One in its bid to buy Discover Financial for $35.3 billion.

  • March 21, 2024

    Faegre Drinker Hires Indianapolis Litigation Boutique Founder

    Faegre Drinker Biddle & Reath LLP has hired a founding partner of Indianapolis litigation boutique Hoover Hull Turner LLP, who joins the firm as a partner to continue her practice centered on business litigation matters, the firm recently announced.

  • March 21, 2024

    DOJ Sues Apple, Rounds Out US Claims Against Tech Big 4

    The U.S. Department of Justice and several state attorneys general on Thursday launched an antitrust suit against Apple, accusing the world's dominant smartphone maker of maintaining an anti-competitive monopoly over its iron grip over the iPhone, rounding out the quartet of long-anticipated government antitrust litigation already proceeding against Google, Meta and Amazon.

  • March 21, 2024

    FDIC To Target Deals Creating Cos. With $100B-Plus In Assets

    The Federal Deposit Insurance Corp. on Thursday approved a policy proposal that floats new ways the agency would assess the "financial stability" of proposed mergers between insured depository institutions, for the first time identifying $100 billion in assets as the threshold for deals that would get "added scrutiny."

  • March 20, 2024

    Gas Buyers Want Judge Recused From Shale Cartel Suits

    A would-be class of gasoline buyers pursuing antitrust claims against a string of shale oil producers told a Nevada federal judge on Tuesday that her admitted ownership of stock in Exxon Mobil Corp. required her to recuse herself from presiding over the litigation.

  • March 20, 2024

    UFC To Pay Fighters $335M To Settle Wage Suppression Suit

    The parent company of UFC revealed Wednesday that it will pay $335 million to settle a class action alleging fighters' wages were suppressed by up to $1.6 billion, a move that comes after the two sides entered mediation last month ahead of a now-vacated trial.

  • March 20, 2024

    UK Gov't Launches Plan To Reverse Litigation-Funding Fallout

    The government has published a two-clause bill designed to overturn a ruling by Britain's Supreme Court that threatened the status of many litigation-funding agreements, ending most of the speculation about how the effects of the decision will be nullified.

  • March 20, 2024

    Varsity Brands Told To 'Litigate The Case,' Not Atty 'Errors'

    A Tennessee federal judge pressed Varsity Brands and the parents of cheerleader athletes accusing the cheer supply company of antitrust violations to stop bickering over procedural matters and focus on the merits of the case.

  • March 20, 2024

    Amazon Wants Rethink On E-Book Monopolization Suit

    Amazon is asking a New York federal court to reconsider U.S. District Judge Gregory H. Woods' rejection of the company's motion to dismiss a proposed class action alleging that the company has monopolized the e-book market, or to at least certify two questions for the Second Circuit to address on interlocutory appeal.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Slaughter And May Cuts Partner Promotions By Half In 2024

    Slaughter and May said on Wednesday that it is adding to its bench of up-and-coming leaders by promoting five lawyers to its partnership — only half the number it elevated in 2023.

  • March 20, 2024

    Senators Want More Scrutiny For Defense M&A Deals

    Two U.S. senators are calling on the Pentagon to shift the way it reviews defense industry mergers and dedicate more staff to the task, saying that contractor consolidation is jeopardizing national security and diminishing returns for taxpayer dollars.

Expert Analysis

  • Reverse Proffers In Federal Criminal Cases Can Be A Win-Win

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    The increasingly popular reverse proffer — in which prosecutors disclose evidence to targets of a criminal investigation — can help the government test its case and persuade witnesses to cooperate, and can help defendants sharpen their strategies and obtain favorable deals by choosing to cooperate, say Jeffrey Martino and Byron Tuyay at Baker McKenzie.

  • EU Rejection Of Booking.com Deal Veers From Past Practice

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    The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny

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    While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • What's At Stake In Bystolic 'Side Deals' Litigation

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    In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.

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