Competition

  • February 21, 2024

    Auto Giants Can't Pause Neo Tech Patent MDL

    A Michigan federal judge said Tuesday he wouldn't stay multidistrict litigation by Neo Wireless alleging multiple auto companies infringed its in-vehicle cellular technology while the automakers wait for reviews of the underlying patents, saying a pause now would just delay the cases' return to their original courts.

  • February 21, 2024

    CoStar, Hotel Giants Accused Of Data-Driven Price-Fixing

    Hilton, Hyatt and other big name hotel operators are the target of a proposed class action alleging they colluded with hospitality industry analytics firm CoStar Group Inc. to fix prices in luxury hotel markets in Seattle and other major U.S. cities, according to a suit filed in Washington federal court.

  • February 21, 2024

    Actelion Cites FDA Safety Rules Against Tracleer Antitrust Suit

    Actelion Pharmaceuticals Ltd. said federal rules controlling distribution of potentially dangerous drugs spares it from antitrust litigation over its hypertension drug Tracleer, arguing it was required to deny needed samples to would-be generic competitors until they presented the right certification of safeguards.

  • February 21, 2024

    Calif. Bill Would Let AG Audit Private Equity Healthcare Deals

    California Attorney General Rob Bonta and Assembly Speaker Pro Tempore Jim Wood have filed legislation that will give the state's AG oversight of private equity and hedge fund acquisitions of healthcare facilities, saying that private equity is causing soaring consumer costs.

  • February 21, 2024

    Cheer Supply Antitrust Claims Axed Again For 'Court's Sanity'

    Plaintiffs in an antitrust suit against cheerleading supply company Varsity Brands will not be able to resurrect previously dismissed claims after a Tennessee federal judge again shot them down in order to preserve "the court's sanity."

  • February 21, 2024

    Atlantic City Hotels Want Room Rate Suit Tossed

    Atlantic City casinos said on Tuesday a suit alleging they conspired to inflate room rates should be tossed, arguing it doesn't show there was any kind of agreement between the casinos and that its claims are partially time-barred.

  • February 21, 2024

    Broker Defends Claims Against Suns Owner, Mortgage Co.

    A mortgage broker pushed back against a report recommending that a Florida federal court toss its antitrust case against the owner of the NBA's Phoenix Suns and his company United Wholesale Mortgage, saying the analysis of its conspiracy claims included several errors.

  • February 21, 2024

    Fla. Court Says BJ's Doesn't Fall Under Fuel Price Law

    A Florida appeals court ruled Wednesday that a state law banning the predatory below-cost sale of gas to the "motoring public" does not apply to membership clubs like BJ's Wholesale Club Inc. that sell gas only to members.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    Fubo Wants Sports Giants' 'Unlawful' Streaming Plan Blocked

    The streaming company Fubo asked a New York federal court on Tuesday to block a joint venture under which ESPN, Fox and Warner Bros. Discovery would combine sports portfolios into one streaming app, claiming that the plan would harm competition and result in higher prices for consumers.

  • February 20, 2024

    Bid-Rigging Suit Against Bloomberg And Turner Ruled Too Old

    A defunct drywall contractor has lost its bid to hold Bloomberg LP and Turner Construction to account for a blackballing and bid-rigging campaign, as a New York federal judge ruled the suit was filed too late despite a related appeal to the Second Circuit.

  • February 20, 2024

    Apple Asks For Discovery Pause During Class Cert. Appeal

    Apple is urging a California federal judge to halt discovery in a sweeping App Store antitrust suit while the company appeals the class certification granted earlier this month.

  • February 20, 2024

    FCC Urged To Revisit Caps On Duplicate FM Broadcasts

    Musicians and small radio stations are pressuring the Federal Communications Commission to reinstate limits scrapped three years ago on FM stations airing duplicate content, but face pushback from the broadcast lobby.

  • February 20, 2024

    11th Circ. Tosses Appeal Of Bid-Rigging Indictment

    The Eleventh Circuit on Tuesday found that a concrete executive has to wait until after he's tried to contest his indictment by a remotely convened grand jury during the pandemic on charges of allegedly fixing prices and rigging bids for ready-mix concrete in Georgia.

  • February 20, 2024

    DOJ Could See The Bright Side Of $35.3B Capital One Deal

    Despite the sticker shock of Capital One's $35.3 billion deal to acquire Discover Financial Services, experts believe it will ultimately be approved by the U.S. Department of Justice, which for years has placed its antitrust microscope over the larger players in the credit card space. 

  • February 20, 2024

    FERC Greenlights $6.7B Vistra-Energy Harbor Merger

    The Federal Energy Regulatory Commission has approved a $6.7 billion proposed merger between Vistra Corp. and Ohio-based Energy Harbor LLC after taking extra time to review the tie-up amid competition concerns from both federal antitrust officials and state consumer advocates.

  • February 20, 2024

    Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI

    Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.

  • February 20, 2024

    Epic Calls Apple's $73M Fees Bid An Overreach

    Epic Games blasted Apple on Friday for seeking $73.4 million in legal fees following the pair's California federal court antitrust battle over App Store payment fees, arguing that antitrust claims like Epic's are immune from legal fees and that Apple cannot wrap its demands in successful contract breach counterclaims.

  • February 20, 2024

    EU Approves Orange's €18.6B Spanish Telecoms JV

    Europe's competition enforcer on Tuesday approved a deal for Orange SA and MasMovil Ibercom SA to combine their operations in Spain through a €18.6 billion ($20.3 billion) joint venture after the companies agreed to sell spectrum to a growing mobile operator in the country.

  • February 20, 2024

    Justices Won't Weigh Nonsignatory Arbitration Issue

    The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.

  • February 20, 2024

    Hogan Lovells Repping Walmart In $2.3B Vizio Takeover

    Hogan Lovells-led Walmart Inc. announced its plans Tuesday to buy private smart television manufacturer Vizio in a $2.3 billion deal that will provide the retail giant with more places to sell ads and appeal to shoppers.

  • February 19, 2024

    Wachtell Lipton Guides Capital One On $35.3B Discover Deal

    Wachtell Lipton-advised Capital One said Monday it has agreed to acquire Discover Financial Services, guided by Sullivan & Cromwell, in a $35.3 billion all-stock deal that Capital One said will give it the ability to compete with the nation's top three credit card networks. 

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    Wyndham CEO Reports 'Expansive' FTC Query Into Takeover

    Wyndham Hotels and Resorts says that the Federal Trade Commission's "expansive" request for more information has "only increased" its concerns about the wisdom of Choice Hotels International's attempt to buy out the company without the board's blessing.

  • February 16, 2024

    Startup Countersues Trucker Tracking Co. For Stealing Tech

    A venture capital-backed startup that sells dashboard cameras to monitor truck drivers is responding to a rival's well-publicized patent infringement case by filing its own patent lawsuit in a different federal court that mirrors many of the same allegations of technological theft but pointing them in the other direction.

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Planning For Stymied HSR Filings At FTC If Shutdown Occurs

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    If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, say attorneys at DLA Piper.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • Opinion

    Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs

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    While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.

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