Competition

  • April 12, 2024

    Apple Loses Bid To Toss $1B App Maker Charges Case

    The Competition Appeal Tribunal refused on Friday to toss a £785 million ($996 million) proposed class action by app developers against Apple over commission payments after finding that the claimants had a real shot at showing that the case was governed by U.K. law.

  • April 12, 2024

    UK To Probe Norwegian Oil & Gas Data Mega-Merger

    The U.K.'s Competition and Markets Authority said on Friday it has launched an inquiry into the proposed purchase of Norwegian seismic data specialist PGS by a subsidiary of its domestic rival TGS, which supplies data to energy companies.

  • April 11, 2024

    FTC's Bedoya Looking For Market Power In Pricing Cases

    Federal Trade Commissioner Alvaro Bedoya said Thursday he is most interested in bringing potential cases under the Robinson Patman Act when a company is using its market power to gain an unfair advantage over smaller rivals.

  • April 11, 2024

    Price-Fixing Cartel Self Reporting On 'Steady Uptick,' Panel Says

    U.S. and European antitrust enforcers touted a turnaround Thursday in the number of companies self-reporting price-fixing, bid-rigging and market allocation schemes in the search for "leniency" from financial and criminal penalties over the last three years.

  • April 11, 2024

    Shops Fight Altria Unit's Bid To Block Flavored Vape Sales

    A group of smoke shops urged a California federal judge to reject a bid by vape manufacturer NJOY, a subsidiary of tobacco giant Altria Group, Inc., seeking to block the retailers from selling Elf Bar branded flavored vapes, arguing that consumers won't flock to NJOY's tobacco flavored products even if Elf Bar is off the market.

  • April 11, 2024

    FTC 'Hopeful' Merger Judges Can See Past Market Definition

    The Federal Trade Commission's top antitrust enforcer emphasized Thursday that the FTC and Justice Department's new merger guidelines could facilitate transaction challenges based solely on "direct" competitive effects, regardless of what market definition numbers indicate.

  • April 11, 2024

    Visa Beats Some Merchant Claims In Antitrust MDL

    A New York federal judge has trimmed claims lodged by Home Depot and other merchants against Visa and several banks in sprawling multidistrict antitrust litigation dating back to 2005 over network rules forcing merchants to accept the companies' cards.

  • April 11, 2024

    NCAA Athletes Can't Get MDL Over Compensation Rules

    The Judicial Panel on Multidistrict Litigation denied the request of NCAA athletes to centralize two suits accusing the organization and five major college sports conferences of exercising a monopoly over labor in Division I sports by not allowing student-athletes to be compensated for their performances.

  • April 11, 2024

    Pool Co. Gets Rival's Assets Frozen After False Ads Verdict

    A North Carolina federal judge on Thursday temporarily froze the assets of a Chinese manufacturer of pool products and its American subsidiary after they were hit with a multimillion-dollar verdict for false advertising and unfair business practices, citing a concern they may move assets to try and duck payment.

  • April 11, 2024

    Deals Rumor Mill: US Steel, Germany's Stada, Paramount

    The DOJ opens a probe into Nippon’s proposed $14.9 billion takeover of US Steel, German drugmaker Stada explores a sale, and Paramount and Skydance are hashing out potential deal terms. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • April 11, 2024

    State Enforcers: Not Joining Fed Cases No Sign Of Opposition

    Several state enforcers said Thursday they choose which antitrust cases being brought by federal enforcers they join based on a number of factors, and it doesn't mean they are opposed to a case if they decide not to join.

  • April 11, 2024

    Cable Co. Says Funding For Price Fixing CPO Lacks 'Visibility'

    A major European power cable supplier questioned Thursday whether a representative seeking damages on behalf of U.K. electricity customers had allocated enough money to cover their costs during a hearing to decide whether the mass claim should be certified.

  • April 11, 2024

    Dough-Maker Loses Fight Against Order To Reverse Merger

    Dough maker Cérélia on Thursday lost its fight to avoid being forced to sell its Jus-Rol brand, with a London appeals court upholding a decision that the sale is necessary to protect retailers and shoppers from paying higher prices.

  • April 10, 2024

    Pfizer Unit Cuts $39M Deal Ending Effexor Antitrust Claims

    A proposed class of direct buyers asked a New Jersey federal judge on Tuesday to approve a $39 million settlement to end allegations that Pfizer Inc. unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant drug Effexor XR.

  • April 10, 2024

    DOJ's Apple Antitrust Suit Gets New Judge After Recusal

    The New Jersey federal judge overseeing the U.S. Department of Justice's recent iPhone antitrust case against Apple recused himself from the litigation Wednesday, according to a text order posted to the docket reassigning the case.

  • April 10, 2024

    Smaller May Be Better For NCAA, Sports Antitrust Experts Say

    Sports law experts at the American Bar Association's spring antitrust meeting said Wednesday that for top-level college sports to survive the wave of antitrust litigation that it faces, colleges and universities may need to think small.

  • April 10, 2024

    Enforcers Are Learning How To Pursue Suits Against Big Tech

    The pending antitrust cases targeting large technology platforms in the U.S. and Europe, including those against Google, Amazon and Apple, offer important lessons about digital markets, enforcers said Wednesday.

  • April 10, 2024

    Colo. AG Says Kroger Divestiture Plan Is Best Left For Trial

    Colorado's attorney general wants a state judge to block Kroger and Albertsons from presenting evidence about a new divestiture plan at an upcoming hearing on the state's motion to temporarily block the grocers' merger, claiming the yet-to-be revealed plan is a strategy to "win by ambush."

  • April 10, 2024

    Dubious Merger Bid? 'Find A Different Deal,' DOJ Official Says

    A U.S. Department of Justice antitrust official on Wednesday stood by the hardline Biden-era stance against most merger clearance settlements, saying that companies coming forward with potentially problematic transactions should rethink doing the deals at all or at least come with strong upfront divestiture proposals.

  • April 10, 2024

    UGG, Wal-Mart Ordered To File More Details On Slipper Patent

    A California federal judge has ordered Deckers Outdoor Corp. and Wal-Mart Inc. to submit joint briefing on claim construction for an UGG slipper design patent that Deckers alleges the big-box retailer is infringing, saying there is insufficient information for the court to make a decision on summary judgment.

  • April 10, 2024

    PGA Tour-LIV Merger Questions Swirl As Masters Tees Off

    With a trial attorney from the entertainment section of the U.S. Department of Justice's Antitrust Division sitting quietly by, sports law experts speculated Wednesday at the American Bar Association's spring antitrust meeting whether — and how — the agency might challenge the $3 billion merger between the PGA Tour and LIV.

  • April 10, 2024

    Insurer Slams 'Price-Gouging' Doctor's COVID Billing Suit

    Health plan administrator United Medical Resources Inc. fired back at a doctor's $783,000 suit claiming that he and his practice firms were shortchanged for COVID-19 testing services, with multiple counterclaims alleging that the doctor billed for unnecessary extra testing and put in claims for services that were never rendered.

  • April 10, 2024

    Merger Notification Overhaul 'Pretty Close,' DOJ Official Says

    A senior U.S. Department of Justice antitrust official predicted Wednesday that the DOJ and Federal Trade Commission are likely just weeks away from issuing the final version of a major overhaul to the filing requirements of companies notifying mergers to the agencies.

  • April 10, 2024

    NYSE Seeks To Provide SPACs More Time To Close Mergers

    A New York Stock Exchange proposal would provide special-purpose acquisition companies with six more months to complete mergers while remaining listed — assuming relevant parties have signed a definitive agreement before a three-year deadline — potentially providing market participants more flexibility to close deals.

  • April 10, 2024

    Past Violations To Get Close Eye With New Merger Filing Rules

    Changes proposed to Federal Trade Commission and U.S. Department of Justice merger reporting requirements would impose significant document submission obligations on merging parties, such as past violations of antitrust and labor law, practitioners and an agency deputy said Wednesday.

Expert Analysis

  • 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.

  • The Pros And Cons Of NIST's Proposed March-In Framework

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    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • Opinion

    Aviation Watch: Not All Airline Mergers Hurt The Public

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    The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.

  • The Merger Cases That Will Matter At ABA Antitrust Meeting

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    While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • A Closer Look At Antitrust Agencies' Chat Platforms Guidance

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    Following the U.S. antitrust agencies' clarification that companies' preservation obligations extend through applications that automatically delete communications, firms should look at new compliance measures, including keeping control over retention settings, say John Ingrassia and Tim Burroughs at Proskauer.

  • 9th Circ. TM Ruling Expands Courts' Role In Application Cases

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    The Ninth Circuit’s recent ruling in BBK Tobacco v. Central Coast Agriculture is the first time a federal appeals court has explicitly authorized district courts to adjudicate pending trademark applications, marking a potentially significant expansion of federal courts' power, says Saul Cohen at Kelly IP.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • What NAR Settlement Means For Agent Commission Rates

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    If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • The Tricky Implications Of New Calif. Noncompete Laws

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    Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.

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