Competition

  • February 08, 2024

    White House Patent Plan To Curb Drug Prices Draws Outcry

    A Biden administration proposal aiming to lower drug prices by using the government's authority to override patents for products developed with federal funding has drawn fierce pushback from drugmakers, universities and others who say the plan will hinder innovation.

  • February 08, 2024

    HHS Won't Invoke IP Rights To Lessen Xtandi Prices

    The U.S. Department of Health and Human Services said it's unnecessary for the government to assert patent rights to Pfizer and Astellas' blockbuster cancer drug, Xtandi, in the hopes of lowering prices, determining that the drug is already widely available and that exercising those rights is unlikely to be effective.

  • February 08, 2024

    Eyewear Buyers Want To Consolidate 6 EssilorLuxottica Suits

    Eyeglass buyers pursuing six separate proposed antitrust class actions against industry giant EssilorLuxottica asked a Minnesota federal judge to consolidate the lawsuits and appoint Lockridge Grindal Nauen PLLP, Gustafson Gluek PLLC, Zimmerman Reed LLP and Hilgers Graben PLLC as interim co-lead counsel.

  • February 08, 2024

    'Old Man Hustle' Comedy Club Can't Exit TM Fight Over Name

    A New York federal judge refused Wednesday to end Brooklyn Comedy Collective's trademark action against a rival, Old Man Hustle BKLYN Comedy Club, despite it changing its name last year, finding the name change still includes a variation of the plaintiff's name and could cause customer confusion.

  • February 08, 2024

    DOJ Investigating Metropolis Tech's $1.5B SP Plus Deal

    Mobility services provider SP Plus said on Wednesday that it had received another request for information from the U.S. Department of Justice on its planned $1.5 billion merger with Metropolis, a payments tech company.

  • February 08, 2024

    DOJ Wants More Info On Alaska-Hawaiian Airlines Deal

    The U.S. Department of Justice is seeking additional information from Hawaiian Airlines and Alaska Airlines on their proposed $1.9 billion merger, according to filings with the U.S. Securities and Exchange Commission on Wednesday.

  • February 08, 2024

    Mich. Counties Sue Drug Giants Over Insulin Prices

    Several Michigan counties on Wednesday accused some of the world's largest drugmakers, retailers and pharmacy benefit managers of scheming to inflate insulin prices and costing the municipalities millions of extra dollars in healthcare costs for their employees and retirees.

  • February 08, 2024

    Microsoft Calls FTC Activision Layoff Worries 'Misleading'

    Microsoft on Thursday criticized the Federal Trade Commission's "incomplete and misleading" assertion that the company's plan to lay off 1,900 video game workers undercuts its claim that Activision Blizzard Inc. would be maintained as an independent business while the commission challenges the gaming company's $68.7 billion acquisition.

  • February 08, 2024

    Dentists In $13B Delta Dental Suit Want Class Status

    Dental providers claiming the nation's largest dental insurance system and its members engaged in a $13 billion scheme to restrict competition and lower reimbursement rates told an Illinois federal judge their claims deserve class treatment because common evidence will prove both the alleged conspiracy and its impact.

  • February 08, 2024

    EU Updates Longstanding Guidance On Defining Markets

    Europe's competition enforcer released new guidance on Thursday for how the agency views the markets at issue when assessing merger and antitrust conduct cases, the first update to the policy since its adoption more than two decades ago.

  • February 08, 2024

    Aurora Cannabis Buys No. 2 Australian Medical Pot Co.

    Aurora Cannabis Inc. said Thursday it has purchased the remaining roughly 90% equity interest of MedReleaf Australia that it doesn't already own at an enterprise value of AU$50 million ($32.5 million), in a cash and stock deal that the Canadian pot company said makes it the "largest global medical cannabis company operating in nationally legal markets."

  • February 08, 2024

    LG Can't Slip Price Fixing Claim, But Cut Loss And Damage

    LG overcharged a group of defunct U.K. computer companies as part of the chipmaker's involvement in a price-fixing cartel, a London judge ruled Thursday, dismissing LG's argument that the case should be time-barred under foreign limitation rules.

  • February 08, 2024

    Deals Rumor Mill: Club Med, Galderma, Sierra Space

    China’s Fosun is exploring a Club Med minority-stake sale, Galderma's IPO could yield a $20 billion value, and Sierra Space Corp. is making its own IPO plans. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 08, 2024

    Philips Rival Seeks Interest After Treble Damages Award

    A medical equipment supplier that nabbed treble damages against Philips Medical Systems after a split verdict in a wide-ranging copyright and unfair competition case is now asking for at least six figures in interest, despite a judge previously denying a similar request by Philips.

  • February 08, 2024

    Aviva's £460M AIG Life UK Takeover Gets Competition Probe

    The Competition and Markets Authority said on Thursday it has launched an investigation into Aviva PLC's planned all-cash acquisition of the U.K. protection business of AIG Life Ltd. for £460 million ($580 million).

  • February 07, 2024

    Goodyear, Michelin Among Tire Cos. Sued Following EU Raids

    Goodyear, Michelin, Bridgestone and a handful of other major tire manufacturers were hit with a proposed class action Wednesday, with consumers accusing them of conspiring to fix the prices of replacement tires just a week after European antitrust authorities said they were conducting unannounced inspections at the companies.

  • February 07, 2024

    6th Circ. Won't Rehear Fight Over FERC's Price-Cap Rule

    The Sixth Circuit on Wednesday declined to rehear its December price cap ruling that power supplier groups said is being misconstrued by the Federal Energy Regulatory Commission to argue that the D.C. Circuit's ability to act on related litigation is limited.

  • February 07, 2024

    FCC Says 10 Suits Filed Over Anti-Discrimination Rule

    The Federal Communications Commission notified a federal court panel on Wednesday of 10 appeals filed across half a dozen circuit courts challenging the agency's recently passed rules preventing discrimination in broadband deployment.

  • February 07, 2024

    Judge Says Antitrust Claims Against Suns Owner Fall Short

    A magistrate judge has recommended that a Florida federal court toss a mortgage broker's antitrust case against the owner of the NBA's Phoenix Suns and his company United Wholesale Mortgage, saying the claims fail to allege competition was blocked.

  • February 07, 2024

    Aera Energy Valued At $2.1B In California Resources Merger

    California Resources Corp. on Wednesday agreed to buy oil and gas producer company Aera Energy at a $2.1 billion valuation, in a deal the companies say will create California's top oil and gas producer, led by Sullivan & Cromwell LLP and Latham & Watkins LLP, respectively.

  • February 07, 2024

    Tribunal OKs Funding Deal For £150M Shipping Cartel Suit

    The U.K. Competition Appeal Tribunal on Wednesday approved a new funding agreement in a £150 million ($189 million) class action brought by motorists who say they overpaid for their cars after a landmark decision from the nation's high court changed the rules for such litigation agreements.

  • February 07, 2024

    With PE Exits Set To Surge, Buyers Must Act Quickly, Wisely

    Private equity exits are expected to rebound this year after a decade low in 2023, as investment time horizons expire and investors demand returns, but strategic buyers will need to act quickly and keep a finger on the market's pulse as competition heats up.

  • February 07, 2024

    FTC Says Layoff Shows Microsoft Will Control Activision

    The Federal Trade Commission, which is appealing a district court's refusal to block the $68.7 billion acquisition of Activision Blizzard, told the Ninth Circuit on Wednesday that a plan to lay off 1,900 video game workers undercuts assertions of an independent post-deal Activision.

  • February 07, 2024

    NCAA Gets Temporary Win In NIL Recruiting Ban Court Fight

    The NCAA won an early victory against states trying to overturn its name, image and likeness rules for incoming athletes when a Tennessee federal judge denied a temporary restraining order request, but the judge signaled that the states may ultimately prevail in arguing that the rules constitute a restraint of trade.

  • February 08, 2024

    CORRECTED: Atty Stuck With Sanctions In Trade Secrets Feud

    A California federal judge has hit a CDF Labor Law LLP attorney with sanctions after finding that he recklessly questioned a former Individual Food Service employee about approaching the company's CEO concerning a settlement despite objections to entering text messages to the CEO into evidence, but determined she would hold off on deciding the amount until later in the case.

Expert Analysis

  • 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.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

  • FTC Orange Book Move Signals New Pharma Patent Scrutiny

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    The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Competition Considerations From Biden's AI Executive Order

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    In light of President Joe Biden's recent executive order on artificial intelligence and the antitrust agencies' expansive enforcement posture, businesses in the technology and related industries should expect scrutiny, and avoid interactions that could be perceived as unlawful collaborations or exchange of competitively sensitive information, say attorneys at Hogan Lovells.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance

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    A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How 'Safe Harbor' Policy Will Modify M&A Processes

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    Legal practitioners should be aware that the Justice Department's "safe harbor" immunity will change the typical M&A process significantly as acquirers start embedding fraud detection into their due diligence, including a broader scope of examinations and interviews, says Jesse Silvertown at The Ledge.

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