Competition

  • February 15, 2024

    Google, AGs Told To Step Up Discovery In Texas-Led Suit

    A Texas federal judge on Thursday told counsel for Google and a coalition of states led by Texas that they must do a better job coordinating discovery in an antitrust suit accusing the tech giant of monopolizing the online ad market.

  • February 15, 2024

    Facebook Users Win Class Status For £2.3B Data Claim

    One year after sending a £2.3 billion ($2.9 billion) proposed class action against Meta Platforms Inc. back to the drawing board, the U.K. Competition Appeal Tribunal has agreed to certify a 44 million-strong class of U.K. consumers who say that the social media titan exploited their data.

  • February 15, 2024

    Biggest Tiremakers Sued Over Alleged Price-Fixing

    An Illinois tire buyer is piggy-backing off last month's European Commission raids of tire manufacturers in a new class action, alleging that the biggest players in the industry have been colluding to artificially inflate new replacement tire prices in the wake of the COVID-19 pandemic.

  • February 15, 2024

    FTC's Khan Calls Healthcare 'Key' To Fight For Competition

    Federal Trade Commission Chair Lina Khan told a conference of physicians the agency is fighting corporate control at several levels of the healthcare industry, touting the sector as a key battleground in the administration's push for more competition across the economy.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 14, 2024

    Pfizer Reaches $93M Deal With Lipitor Buyers In Antitrust MDL

    Pfizer Inc. has agreed to shell out $93 million to put to rest Lipitor buyers' claims in sprawling antitrust multidistrict litigation over the cholesterol medication that stretches back more than a decade, according to a motion filed Wednesday in New Jersey federal court.

  • February 14, 2024

    Visa Says $5B Swipe Fee Deal Blocks Intuit, Square Claims

    Visa and Mastercard have asked a New York federal court to throw out antitrust claims brought by Intuit and Square, arguing that their claims were released as part of the $5.6 billion class action settlement the credit card companies finalized with merchants last year.

  • February 14, 2024

    9th Circ. Open To Rebooting Suit Over Apple App Crypto Theft

    A Ninth Circuit panel appeared open Wednesday to reviving a putative class action alleging Apple misrepresented the safety of its App Store after users' cryptocurrency was stolen from an app, with two judges questioning why the allegations can't survive when Apple has consistently touted its security in separate antitrust litigation.

  • February 14, 2024

    Network Group Wants Faster Access To Utility Poles

    Federal regulators must push for further reforms in order to expedite talks between utility pole owners and high-speed equipment attachers on how to divvy up pole upgrade costs, a broadband trade group said.

  • February 14, 2024

    Campbell Soup Says It Gave FTC Info For $2.7B Sauce Deal

    Campbell Soup Co. has given the Federal Trade Commission all the information the agency has asked for concerning its planned acquisition of Sovos Brands, the owner of the popular sauce brand Rao, before the agency decides whether to give the $2.7 billion union its blessing.

  • February 14, 2024

    Google Again Targets 'Strategic' Texas AGs' Ad Tech Delays

    Google is hoping a newly appointed special master can finally force a coalition of state attorneys general led by Texas to hand over "fundamental information" it said Tuesday has long been improperly withheld from one of three cases targeting its dominance over display advertising placement auction technology.

  • February 14, 2024

    'Vague' Offer Fails To Win Feds Another Try At $103.5M IT Deal

    A Court of Federal Claims judge rejected the Federal Trade Commission's bid to revisit a challenged $103.5 million information technology deal, saying the agency didn't justify going back on its agreement to pause the contract while the case is resolved.

  • February 14, 2024

    FTC Seeks Info On 'Powerful Middlemen' Amid Drug Shortages

    The Department of Health and Human Services and the Federal Trade Commission announced Wednesday that they are seeking information on whether legal exemptions for "middlemen" in the generic pharmaceutical market are driving ongoing drug shortages.

  • February 15, 2024

    Dartmouth Ruling Tips Off Athletes' Rights Redux At NLRB

    After punting on the issue nearly a decade ago, the National Labor Relations Board is poised to decide whether college athletes can unionize following a regional official's decision to allow a union vote among Dartmouth College men's basketball players.

  • February 14, 2024

    Insurer Needn't Defend Landlord From Antitrust MDL

    A Washington state judge has ruled in favor of an insurer in a coverage dispute revolving around nearly 40 antitrust class action claims against landlords that have been combined into a multidistrict litigation case, finding that the insurer owes no defense coverage to an accused property manager.

  • February 14, 2024

    NHL, Junior Leagues Accused Of Exploitation In Antitrust Suit

    The National Hockey League and three independent but affiliated junior leagues are accused of systematically exploiting teenage players and immersing them in a culture of "economic, physical, psychological, and sexual" abuse as part of their development, according to a putative federal antitrust class action filed in New York Wednesday.

  • February 14, 2024

    Colo. Wants To Stop $24B Kroger Merger, 'No Poach' Deal

    Colorado's attorney general on Wednesday sued to block a proposed $24.6 billion merger between Kroger and Albertsons, alleging in a state court complaint that the deal between the state's two largest grocery chains would result in a virtual monopoly in some regions and harm consumers and workers.

  • February 14, 2024

    Juul Gets More Antitrust Claims To Arbitration

    A California federal judge has sent two more claims against Juul to arbitration and dismissed a request for an injunction to block Altria's already-unwound investment in the company.

  • February 14, 2024

    BAE's $5.6B Bid For Ball Aerospace Arm Clears Review

    The U.S. Department of Justice has ended its review of BAE Systems PLC's acquisition of Ball Corp.'s aerospace subsidiary for $5.6 billion, providing the last approval needed for the transaction, the companies said Wednesday.

  • February 14, 2024

    Visa, Mastercard Accused Of Anticompetitive 'Floor' In Fees

    A group of merchants argued on Wednesday that Visa and Mastercard breach antitrust laws when they charge interchange fees and impose rules on some card schemes, saying that they are anticompetitive because there is no fair negotiation.

  • February 13, 2024

    FTC's Monopolization Case Against Amazon Set For 2026 Trial

    A Washington federal judge has scheduled a bench trial in the Federal Trade Commission's landmark monopolization case against Amazon for early October 2026, according to an order issued Tuesday.

  • February 13, 2024

    BofA Unit Hit With Trader's Suit Over Alleged Spoofing

    A Bank of America unit faces a trader's proposed class action seeking to hold it liable for allegedly manipulating markets for U.S. Treasury futures and options after the firm paid a $24 million fine to the U.S. Financial Industry Regulatory Authority over the same alleged misconduct.

  • February 13, 2024

    Wyndham Gets Default Win In Timeshare Exit Suit

    A Florida federal judge has granted Wyndham Vacation Ownership Inc. a default victory in its lawsuit accusing multiple companies of levying unnecessary fees to help customers exit their timeshares, after adopting a magistrate's report and recommendation when one company failed to respond.

  • February 13, 2024

    Kroger Says Its Past Shows Albertsons Deal Will Drop Prices

    Kroger has shared some statistics that it says show its merger with the country's second-biggest grocery chain, Albertsons, won't be a bad thing, pointing to evidence that prices usually drop at a grocery chain after being acquired by Kroger.

Expert Analysis

  • Assessing Merger Guideline Feedback With Machine Learning

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    Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • What Cos. Evaluating M&A Can Glean From Latest HSR Report

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    The recently released Hart-Scott-Rodino report for fiscal year 2022 helps unearth important data points for companies as they evaluate potential transactions, including that, despite a historically low enforcement rate, the number of actions exceeds the number of second requests for the first time in nearly 20 years, say Ryan Quillian and John Kendrick at Covington.

  • Algorithmic Pricing Programs Caught In Antitrust Crosshairs

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    The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

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    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

  • New SDNY Whistleblower Program May Be A Game-Changer

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    A new pilot program in the U.S. Attorney’s Office for the Southern District of New York promises to immunize from prosecution certain individuals who blow the whistle on financial crimes and corruption, and if similar self-disclosure programs are any indication, this significant new policy may measurably increase white collar investigations, say attorneys at Paul Hastings.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • Changes To Note In New AAA Mass Arbitration Rules

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    The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

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