Competition

  • April 04, 2024

    Mattress Co. Can Redo Conspiracy Suit After 10th Circ. Trip

    A Utah federal judge has rejected arguments from leading mattress manufacturers that a competitor is too late to amend an antitrust lawsuit alleging the spread of false information, saying a Tenth Circuit appeal prevented the competitor from updating its claims sooner.

  • April 04, 2024

    Wash. AG Defends Authority To Block Kroger-Albertsons Deal

    The Washington Attorney General's Office has told a state court that a local consumer protection law allows it to bring actions challenging anti-competitive mergers and urged the court to reject contentions from Kroger and Albertsons that the state lacks authority to block a nationwide deal.

  • April 04, 2024

    Judge Recuses Herself From Cartel Case Over Exxon Stock

    A Nevada federal judge has recused herself from a batch of antitrust lawsuits claiming U.S. shale oil producers colluded with OPEC to drive up prices at the pump, citing her ownership of a "significant" amount of Exxon Mobil Corp. stock.

  • April 04, 2024

    MLB's Athletics To Play In Sacramento Before Move To Vegas

    The Oakland Athletics will play the 2025 to 2027 seasons in Sacramento's 14,000-capacity minor-league ballpark while their planned stadium in Las Vegas is built, the franchise and Major League Baseball announced Thursday morning, officially making this season the team's last in Oakland after 57 years.

  • April 04, 2024

    Boston Scientific's $3.7B Axonics Buy Under FTC Microscope

    Biomedical engineering company Boston Scientific Corp. on Thursday disclosed that the Federal Trade Commission requested more information on its planned $3.7 billion acquisition of medical technology company Axonics, which will result in a delay in the deal's closing.

  • April 04, 2024

    Deals Rumor Mill: Alphabet, Honeywell, Syngenta IPO

    Google parent Alphabet is exploring whether to make an offer to acquire software company HubSpot; Chinese regulators encouraged pesticides giant Syngenta to pull its $9 billion IPO over concerns it could unsettle China's volatile market, and Honeywell wants to sell its personal protective equipment unit. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • April 04, 2024

    Stagecoach Poised To Settle In £93M Train Ticket Class Action

    Train operator Stagecoach is seeking to end its role in a £93 million ($118 million) collective action brought on behalf of passengers who allegedly paid double for their journeys, documents published by the Competition Appeal Tribunal on Thursday reveal.

  • April 04, 2024

    UK Deepens Probe Into Vodafone-Three Telecoms Merger

    Britain's antitrust authority said Thursday that it has launched an in-depth probe into plans by Vodafone and Three to merge their U.K. telecommunications networks to create a £16.5 billion ($21 billion) mobile operator after the companies failed to alleviate competition concerns.

  • April 03, 2024

    FTC Won't Overlook 'Unanticipated' Harms, Slaughter Says

    The Federal Trade Commission won't hesitate to go after companies and their executives that fail to take steps to address the broad range of privacy harms and other risks that can arise from the emergence of new digital technologies, particularly in the wake of a recent federal court ruling that backed this theory, Commissioner Rebecca Kelly Slaughter said Wednesday. 

  • April 03, 2024

    Antitrust Suits Remain Low Despite Slight 2023 Spike

    Federal enforcers and private plaintiffs filed more new antitrust cases last year than the year before but the slight uptick still kept 2023 as the second lowest in a decade, according to a new Lex Machina report.

  • April 03, 2024

    2nd Circ. Told FIFA Bribery Convictions Rightly Nixed

    A former 21st Century Fox television executive and an Argentine sports marketing company told the Second Circuit that a lower court was right to toss their convictions related to the FIFA corruption scandal, contending that U.S. law does not reach foreign commercial bribery.

  • April 03, 2024

    Hawaii Bio Power Co. Can't Add Merger-Based Antitrust Claims

    A Hawaii federal magistrate judge has refused to permit the addition of new allegations, based on a 2017 fossil fuel plant acquisition, to a recently restarted lawsuit accusing the state's largest power company of anticompetitively canceling a contract for a new biomass energy plant.

  • April 03, 2024

    Apple Blasts Input From Microsoft, Meta, Others In Epic Case

    Apple asked a California federal judge Wednesday to reject attempts by Microsoft, Meta Platforms, Spotify and other major developers to insert themselves into Epic Games' argument that the iPhone maker is not complying with an order barring it from using anti-steering rules in the App Store.

  • April 03, 2024

    US Soccer Urges High Court To Hear Antitrust Fight

    The U.S. Soccer Federation on Wednesday once again asked the U.S. Surpeme Court to review the Second Circuit's decision reviving an antitrust lawsuit against it and FIFA, arguing that the government's opposition to the federation's petition failed to defend an "extreme membership liability" imposed by the circuit court ruling.

  • April 03, 2024

    Mortgage Co. Targeted In News Report Hit With RICO Suit

    United Wholesale Mortgage LLC, its parent company and its CEO were hit with a proposed class action Tuesday in Michigan federal court accusing them of scheming with mortgage brokers to steer borrowers into more expensive loans the same day that Hunterbrook Media, a new journalism and hedge fund outfit, published its first investigative piece focused on the company.

  • April 03, 2024

    Google's Win In Ad Tech Antitrust MDL To Get 2nd Circ. Look

    A group of Massachusetts-based gym and spa businesses informed a New York federal judge Wednesday they will be taking to the Second Circuit their challenge of the judge's order dismissing their antitrust claims in multidistrict litigation over Google's alleged monopoly in digital advertising.

  • April 03, 2024

    EU Probing Solar Project Under Foreign Subsidy Rules

    European enforcers launched a pair of investigations Wednesday to assess whether companies bidding on a solar project in Romania received an unfair advantage through foreign subsidies.

  • April 03, 2024

    FCC Adopts Contested New Radio Geotargeting Rules

    Two members of the Federal Communications Commission said new rules allowing hyper-local targeting of radio broadcast content will help small and minority-owned stations after the agency passed them despite worries from larger broadcasters.

  • April 03, 2024

    Epoxy Cos. Say Unfair Trade Threatens Crucial Domestic Industry

    Epoxy resin producers have called on U.S. officials to investigate rivals in Asia for unfair trade practices, arguing Wednesday that an influx of allegedly undervalued imports is threatening the domestic supply of an item with automotive, electronic and defense applications.

  • April 03, 2024

    Anheuser-Busch 'Choking Off' Beer Supply, Distributor Says

    A New York beer distributor accused Anheuser-Busch InBev of slowly cutting off its supply using force that could only be exerted by such a "corporate behemoth," according to a suit filed in Manhattan federal court.

  • April 03, 2024

    Oil Company Says Judge's Recusal Not Needed In Cartel Suits

    Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.

  • April 03, 2024

    FCC To Vote On Net Neutrality Plan At Late April Meeting

    The Federal Communications Commission said Wednesday the agency will vote April 25 on a Democratic proposal floated in October to restore net neutrality rules last imposed on internet services during the Obama administration, but repealed by Republicans in 2017.

  • April 02, 2024

    Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat

    Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.

  • April 02, 2024

    Broadcasters Gear Up For FCC Fight Over 'Sidecar' Deals

    The Federal Communications Commission's recent effort to fine broadcast titan Nexstar more than $1 million over a "sidecar" arrangement with a New York TV station reflects tensions between the FCC and the industry over complex ownership deals going back years.

  • April 02, 2024

    2 More Poultry Cos. Settle Wage-Fixing Suit

    Poultry processing workers sought preliminary approval Monday for deals with Case Foods Inc. and Mountaire Farms totaling $22 million that would make the companies the 10th and 11th wage-fixing defendants to settle out of a broader Maryland federal court case where total payouts reach $217.25 million.

Expert Analysis

  • Healthcare Collabs Can Alleviate Labor, Antitrust Challenges

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    Two major challenges facing hospitals and health systems include labor shortages and increased antitrust scrutiny at both federal and state levels, but collaborative efforts may help with addressing these difficulties, says Sumaya Noush at McDermott.

  • FTC AI Inquiry Signals Intensified Focus On Emerging Tech

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    The Federal Trade Commission's recent inquiry into investments and partnerships between Big Tech companies and artificial intelligence startups appears to be directed at guiding future enforcement decisions in competition, privacy and consumer protection — and three principles discussed at a related tech summit give insight on the agency's approach, say attorneys at Skadden.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 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.

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