Competition

  • February 06, 2024

    Report Shows Fragile US Solar Growth Under Safeguard

    The U.S. solar energy industry has grown despite bumpy conditions since 2020 and is on track to expand into photovoltaic cell production before the end of the year, according to a report released Tuesday by the U.S. International Trade Commission.

  • February 06, 2024

    College Players Fight NCAA's Bid To Pause Suit For JPML

    Former college athletes urged a Colorado federal judge not to pause their proposed class action seeking a piece of broadcasting profits, arguing there's no reason to let the NCAA and major conferences pump the breaks while a multidistrict litigation panel mulls a transfer motion.

  • February 06, 2024

    FTC Presses To Keep Seller Info From Amazon If Suit Survives

    The Federal Trade Commission urged a Washington federal court on Tuesday not to toss its landmark case accusing Amazon of monopolizing online retail sales and also pushed to prevent exposure of sellers' confidential information to the e-commerce giant while the case is underway.

  • February 06, 2024

    ​​​​​​​Top Groups Lobbying The FCC

    The Federal Communications Commission heard from companies and interest groups more than 100 times in January on a wide variety of topics, from net neutrality proposals to cybersecurity to planned new rules to revamp spectrum.

  • February 06, 2024

    Vivint Takes Bid To Undo $190M Trademark Verdict To 4th Circ.

    Smart home software company Vivint, saddled with a nearly $190 million verdict over allegedly deceptive marketing tactics, is taking its quest to overturn the judgment to the Fourth Circuit, following a North Carolina judge's decision to uphold the damages awarded to its competitor.

  • February 06, 2024

    Medical Device Co. Accuses Ex-Sales Reps Of Stealing Clients

    Two sales representatives broke noncompete and confidentiality agreements when they "conspired to steal" more than $1 million worth of business from their then-employer before leaving for a competitor, a medical device company alleged in a suit filed Monday in Texas federal court.

  • February 06, 2024

    Ex-Contech Exec Asks 4th Circ. To Toss More Convictions

    The U.S. Department of Justice and the former Contech executive who was convicted of bid-rigging both agree that the Fourth Circuit should rethink the decision that wiped out that conviction, but for different reasons — one wants the conviction reinstated, while the other says the panel didn't go far enough.

  • February 06, 2024

    Express Scripts Cites Low Bar To Keep AG Suit In Fed. Court

    Pharmacy benefit manager Express Scripts Inc. pressed the Ninth Circuit on Monday to let it force its part of a California attorney general antitrust suit over skyrocketing insulin prices into federal court, arguing the enforcer and a U.S. district judge imposed the wrong standards in sending the case back to state court.

  • February 06, 2024

    Zillow Rival Appeals Property Listings Suit Loss To 9th Circ.

    Defunct brokerage platform REX-Real Estate Exchange is asking the Ninth Circuit to grant a new trial in its deceptive practices suit against Zillow, arguing that a Washington federal judge gave jurors improper instructions that allowed Zillow to escape culpability for REX's claims that it benefited from its allegedly unfair online listing actions.

  • February 06, 2024

    Competition Group Of The Year: Wilkinson Stekloff

    Wilkinson Stekloff LLP took on the Federal Trade Commission in the second-largest merger trial in American history and won, defending Microsoft Corp. in the agency's challenge to its $68.7 billion acquisition of Activision Blizzard Inc., earning the firm a spot among Law360's 2023 Competition Practice Groups of the Year.

  • February 06, 2024

    Cybersecurity Biz To Go Private Following $350M Merger

    External cybersecurity provider ZeroFox Holdings Inc., advised by Venable LLP, will no longer be a public company following its all-cash $350 million acquisition by private equity firm Haveli Investments, led by Ropes & Gray LLP, according to a Tuesday statement.

  • February 06, 2024

    Ex-Lawyer Can Lead £1.3B Amazon Class Action In UK

    The Competition Appeal Tribunal has ruled that consumer rights advocate Robert Hammond is the most suitable representative to bring a class action worth an estimated £1.3 billion ($1.6 billion) against Amazon over alleged breaches of competition law.

  • February 05, 2024

    Google-Apple Search Pact Antitrust Suit Booted, For Now

    A California federal judge Monday tossed an antitrust suit over Google and Apple's agreement making Google the default iPhone search engine, saying the consumers have not plausibly alleged that competitors are being shut out of the market, but will allow them to rework some claims.

  • February 05, 2024

    SEC's SolarWinds Suit May Chill Disclosures, Ex-Officials Say

    A group of 21 former government officials from both Democratic and Republican administrations has urged a New York federal court to consider the possible chilling effects of public-private information sharing on cyber incidents in the U.S. Securities and Exchange Commission's case against SolarWinds.

  • February 05, 2024

    High Court Rejects COVID App's Emergency Apple Appeal

    Justice Elena Kagan refused Monday to grant immediate high court relief that could have opened up iPhones to alternative distribution outside the App Store, rejecting a petition accusing the Ninth Circuit of "egregious error" in declining to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps.

  • February 05, 2024

    JBS Settles Meat Plant Wage-Fixing Suit In Colo.

    Meat processing giant JBS USA Food Co. and a presumed class of meat plant workers have settled claims of wage-fixing in a lawsuit originally filed against nearly a dozen meat producers, according to a joint notice filed Monday.

  • February 05, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's chancellor gave us 55 billion reasons to keep an eye on the First State in a case involving Tesla CEO Elon Musk's pay package, while the court of equity also took on cryptocurrency, artificial intelligence, space flight and country music.

  • February 05, 2024

    Apple Calls Crypto Cash App Claims 'Demonstrably False'

    Apple has asked a California federal court to toss a proposed class action claiming its agreements with Apple Cash competitors illegally limit competition by blocking decentralized cryptocurrency technology, arguing that technology is not actually blocked and is in fact available on Apple's App Store.

  • February 05, 2024

    Caterpillar Gets Tweaks To Antitrust Suit Blocked

    A Delaware federal judge has refused to let a defunct construction equipment supplier add a new legal theory in its long-running antitrust case accusing Caterpillar of pressuring an online auctioneer to break its contract with a would-be competitor, finding no good cause to permit amendment years after the deadline.

  • February 05, 2024

    Jackson Hewitt To Settle No-Poach Suit Over Its Franchises

    Jackson Hewitt Inc. told a New Jersey federal court that it has reached a settlement in principle with its former workers who brought a proposed class action alleging that the company's franchisees entered into an anti-competitive no-poach agreement despite the firm's previous pledge to not have or enforce such arrangements.

  • February 05, 2024

    NCAA Athletes Seek Cert. In Payouts Case Sparked By Alston

    Current and former college athletes suing the NCAA over claims they were stiffed on payments authorized by the U.S. Supreme Court in its recent Alston decision moved on Friday to certify a class numbering tens of thousands of student-athletes, saying this is a "prototypical case for class certification."

  • February 05, 2024

    NIL Suit Heats Up: 'NCAA Defends A World That Doesn't Exist'

    The states of Tennessee and Virginia have ripped the NCAA's defense of its name, image and likeness rules by ridiculing the organization's claim of protecting athletes against professionalism, exploitation and classification as employees, which the states said "defends a world that doesn't exist.''

  • February 05, 2024

    Competition Group Of The Year: Weil Gotshal & Manges

    Weil Gotshal & Manges LLP helped tech behemoths like Apple Inc. and Microsoft Corp. knock out antitrust challenges left and right last year, tangling with competition enforcers around the world and coming out on top, earning the firm a spot as one of Law360's 2024 Competition Groups of the Year.

  • February 05, 2024

    Expedia Must Face Bankrupt Swiss Rival's Antitrust Claims

    A federal court in Washington state has refused to toss claims that Expedia drove a competing hotel booking website out of business by using its control over Trivago to change the price comparison site's auction process for the placement of listings.

  • February 05, 2024

    CPAP Cleaner Co. Says Philips Can't Pin Recall On It

    Cleaning products designed to work with Koninklijke Philips NV's breathing machines were not the direct cause of damages the company suffered when it recalled the products, so SoClean could not be subject to false-advertising claims stemming from statements about "compatibility," it told a Pennsylvania federal court.

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Parsing 2023's Energy Markets Enforcement

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    A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.

  • Hoopers In NCAA Suit Respark Eligibility Framework Debate

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    A decision by two brothers involved in a recent antitrust lawsuit against the NCAA — to play college basketball rather than go professional after graduating from the Overtime Elite league — has aimed the spotlight on what exactly the NCAA deems permissible compensation under its current framework, say Brady Foster and Dan Lust at Moritt Hock.

  • Lessons From DOJ's Wave Of Labor Market Prosecutions

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    Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.

  • Opinion

    Giving The Gov't Drug Patent March-In Authority Is Bad Policy

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    The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • When Patients Have Standing For Hospital Antitrust Suits

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    Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.

  • 8 Ways To Negotiate Improved Disgorgement Outcomes

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    The U.S. Securities and Exchange Commission's nearly $3.4 billion collected in disgorgements in 2023 shows that substantial disgorgement claims from regulators and law enforcement are the new norm, but corporations may be able to dramatically reduce what they owe by using eight strategies to argue for reduced net profit calculations, say experts at AlixPartners.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

  • DOJ's RealPage Notice Signals Focus On Pricing Algorithms

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    The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • 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.

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