Competition

  • February 09, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.

  • February 09, 2024

    Taxation With Representation: Sullivan & Cromwell, Kirkland

    In this week's Taxation With Representation, California Resources Corp. acquires Aera Energy, ZeroFox Holdings goes private, and Acerinox purchases Haynes International.

  • February 09, 2024

    Visa, Mastercard Bid To Ax Retailers' Swipe Fees Class Action

    Visa and Mastercard told an appeals court on Friday that the antitrust tribunal should have dismissed proposed class actions accusing the credit card giants of unfairly imposing interchange rules on retailers.

  • February 08, 2024

    Amazon Hit With Class Action Over 'Rigged' Buying Features

    Two consumers hit Amazon with a proposed class action Thursday in Washington federal court, alleging "hundreds of millions" of customers have overpaid for items because of Amazon rigging algorithms to boost sales of its own retail business and third-party sellers participating in its fulfillment service.

  • 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.

Expert Analysis

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • What The ESG Divide Means For Insurers And Beyond

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    The debate around ESG is becoming increasingly polarized, with some states passing legislation that prohibits the use of ESG factors and others advancing affirmative legislation, highlighting the importance for insurers and other companies to understand this complex legal landscape, say Scott Seaman and Bessie Daschbach at Hinshaw.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • Opinion

    Congress Should Curb FTC Pattern Of Consent Order Abuse

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    In upcoming hearings, Congress should recognize that the Federal Trade Commission’s intrusive investigation of Twitter is part of a growing pattern of consent order abuse, which will continue to harm consumers, companies and the agency itself unless lawmakers step in, says former FTC chief technologist Neil Chilson, now at the Center for Growth and Opportunity.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Opinion

    Antitrust Enforcers Must Have More Funding

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    Over four-plus decades, funding for enforcement of antitrust laws has fallen, and Congress must recognize that these years of consolidation have damaged the competitive vitality of the U.S. economy while rewarding the few at the expense of the many, says Barry Barnett at Susman Godfrey.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Nonprofit ESG Collabs Should Beware Antitrust Risks

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    With state and federal agencies increasingly bringing costly and distracting antitrust investigations against environmental, social and governance alliances, nonprofits that plan to collaborate on ESG efforts should follow four high-level guidelines for mitigating their risk, say attorneys at Arnold & Porter.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Takeaways From DOJ's New Approach To Bank Mergers

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    The U.S. Department of Justice's recently announced updates to its bank merger oversight framework will add to the current unpredictability in the regulatory review process for parties considering a merger, particularly with respect to the specific theories of competitive harm that the DOJ may ultimately focus on, say attorneys at Simpson Thacher.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • Global M&A Outlook: Slow But Moving Along

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    Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.

  • How NY Law Affects Scrutiny Of Health Care PE Transactions

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    A recently passed New York law will strengthen pretransanction notification requirements for health care entities — particularly those backed by private equity — but contains several ambiguities that will hopefully be clarified before the law takes effect in August, say attorneys at Norton Rose.

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