Competition

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

    States' Case To Be Bellwether In Generic Drug Price-Fix MDL

    The Pennsylvania federal judge overseeing multidistrict litigation for price-fixing allegations in the generic drug industry has selected a case from state attorneys general to serve as a bellwether along with three private cases centered on individual drugs.

  • July 14, 2020

    $232M Capacitor Price-Fixing Deal Gets First Nod

    A proposed $232 million deal between AVX, Panasonic and other electronic component manufacturers and a class of direct capacitor buyers has cleared the first hurdle in California federal court toward resolving price-fixing allegations.

  • July 14, 2020

    UK Eyeing Conditions On Stryker's $4B Wright Medical Deal

    Stryker's $4 billion plan to snap up a rival medical technology giant might soon be waved forward by the U.K.'s competition enforcer, which indicated Tuesday that its blessing may be forthcoming.

  • July 14, 2020

    Google Offers EU Fixes For $2B Fitbit Deal

    Google has submitted proposed commitments to address concerns from the European Union's antitrust enforcer about the tech giant's planned $2.1 billion purchase of fitness tracking device maker Fitbit, according to a posting on the European Commission's website.

  • July 14, 2020

    Aspen Offers To Slash Prices On Cancer Drugs In EU Probe

    Aspen Pharmacare Holdings Ltd. has offered to lower the prices of six cancer medications sold in the European Union by over 70%, in order to address the EU competition authority's concerns over excessive pricing.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    EU Antitrust Watchdog Fines Industrial Chemical Cartel €260M

    The European Commission said Tuesday it has fined three chemicals and specialty materials companies €260 million ($296 million) after discovering they took part in a cartel plot to fix the price of an industrial chemical.

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Jabra Maker Ends 8-Year Antitrust Row With Plantronics

    Jabra headphones parent GN Netcom Inc. has reached a settlement with audio equipment company Plantronics ending eight-year-old allegations that the Jabra rival monopolized the market through exclusive distribution deals, according to filings made Monday in Delaware federal court.

  • July 13, 2020

    Louisiana Can Amend GSE Bond-Rigging Suit Over Objections

    A Louisiana federal judge ruled Monday that the Pelican State can again amend its suit alleging that Barclays and other big banks conspired to rig prices of bonds issued by government-sponsored enterprises like Fannie Mae and Freddie Mac, mooting a second round of dismissal bids over protestations from banks.

  • July 13, 2020

    Quibi Won't Have To Disable 'Turnstyle' Feature, Judge Says

    A California federal judge on Monday shot down an effort by New York-based video streaming service Eko to get a temporary injunction that would have forced upstart streaming service Quibi to shut down its "turnstyle" feature.

  • July 13, 2020

    Fed. Circ. Won't Revive Power Analytics' Antitrust Suit

    The Federal Circuit on Monday affirmed the dismissal of Power Analytics' antitrust lawsuit over power grid software, noting that a California federal judge gave the company multiple chances to fix its deficiencies "with the patience of a first grader's piano teacher."

  • July 13, 2020

    3rd Circ. Mulling FTC-AbbVie Pause Till High Court Acts

    The Third Circuit may need to pump the brakes on the Federal Trade Commission's antitrust spat with AbbVie following a U.S. Supreme Court decision to review the agency's authority to order financial restitution, the Philadelphia appeals court said.

  • July 13, 2020

    All Star Gyms Pick Up Cheerleading Antitrust Fight In Pa.

    A pair of competitive cheerleading gyms hit sports giant Varsity Brands LLC and the sport's governing body, U.S. All Star Federation Inc., with a fresh antitrust lawsuit in Pennsylvania federal court Friday, days after dropping a similar proposed class action in California.

  • July 13, 2020

    Telescope Co. Denied Early Exit From Block On Sales

    A California federal judge on Friday denied telescope maker Celestron's bid to resume sales of products manufactured by a former alleged antitrust co-conspirator, ruling that Celestron hasn't demonstrated why it would be appropriate to modify a temporary restraining order before it expires.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Live Nation Rips Ticket Buyers' Antitrust 'Fishing Expedition'

    It doesn't matter how many times two concertgoers had to click on the terms of use agreements on Ticketmaster and Live Nation's websites — they still agreed to arbitrate any legal claims, the companies have told the California federal court overseeing the pair's antitrust case.

  • July 13, 2020

    Axon Wants FTC's In-House Judge DQ'd In Merger Dispute

    The Federal Trade Commission is mulling a motion by Axon Enterprise Inc. to disqualify the agency's in-house judge from an administrative challenge to the company's purchase of a body camera supplier after the judge refused to step aside Friday.

  • July 13, 2020

    Juul Tells ITC That Copycat Nicotine Pods Infringe Its Patents

    E-cigarette giant Juul Labs Inc. on Friday filed a third action with the U.S. International Trade Commission targeting retailers of "Juul-compatible pods" it claims copy its patented product designs in order to coast on its success.

  • July 13, 2020

    SmileDirect Likely To Lose Calif. Dental Antitrust Suit

    A California federal judge said last week that he'll likely toss SmileDirectClub's antitrust suit against the members of the state dental board, concluding that what the teledentistry company calls anti-competitive harassment could really just be the regulator doing its job.

  • July 13, 2020

    Dems, GOP Urged To Embrace 'Digital Equity' In Platforms

    A progressive group focused on technology pressed both major U.S. political parties Monday to back its priorities in the 2020 elections on a host of broadband issues including net neutrality, internet privacy, affordable high-speed service and limits on government surveillance.

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

  • July 13, 2020

    Restasis Buyers Seek $16M Atty Fees In Antitrust Case

    A class of buyers that reached a $51 million settlement with Allergan over allegations that it illegally kept generic rivals to its dry eye treatment Restasis off the shelves has asked a New York federal judge for more than $16 million in attorney fees and about $2 million in costs.  

Expert Analysis

  • Final IRS Rules On REIT Dividends Create Statutory Conflict

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    The Internal Revenue Service's recent regulations, which confirm that real estate investment trust payouts to regulated investment company shareholders qualify for preferred tax treatment but are silent on publicly traded partnership income, conflict with the statute and congressional intent, says Andrew Howlett at Miller & Chevalier.

  • 3 Ways High Court's Liu V. SEC Ruling Curtails FTC Authority

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    The U.S. Supreme Court's recent ruling in Liu v. U.S. Securities and Exchange Commission limited the Federal Trade Commission's authority in important ways, and the court's eventual decision in FTC v. Credit Bureau Center could prevent the regulator from seeking disgorgement or restitution altogether, say attorneys at Sidley.

  • Booking.com Ruling May Help Generic Hashtag Mark Owners

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    If brand owners can show that consumers perceive a generic term combined with a hashtag as source-identifying, the U.S. Supreme Court's recent Booking.com decision — that "generic.com" marks are not automatically unregistrable as trademarks — may just give refused hashtag marks new life, say Paul Thomas and Patricia Cotton at Pillsbury.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Highlights From OECD Roundtable On Conglomerate Mergers

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    The issue of creating a special standard for digital platform mergers — discussed at the Organization for Economic Cooperation and Development's recent off-the-record roundtable on trends in the conglomerate effects of mergers — raises several questions, says David Pearl at Axinn.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • High Court SEC Disgorgement Ruling Doesn't Empower FTC

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    While the Federal Trade Commission has expressed that the U.S. Supreme Court's recent decision in Liu v. U.S. Securities and Exchange Commission supports its asserted disgorgement power, the court's reasoning only underscores why the FTC does not have the power to obtain disgorgement in antitrust and consumer protection cases, say Stephen McIntyre and Sophie Tarazi at O'Melveny.

  • Cannabis Industry Mergers May Soon Face Less DOJ Scrutiny

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    Cannabis companies should expect that transactions will likely no longer be held to the almost impossibly high antitrust bar that Attorney General William Barr set for them last year, following the adverse publicity associated with recent testimony before the Senate Judiciary Committee, say attorneys at Manatt.

  • Opinion

    Consumer Perception Is King After Booking.com Decision

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    Following the U.S. Supreme Court's recent Booking.com ruling, practitioners should employ all forms of consumer perception evidence at their disposal when demonstrating that consumers understand an arguably generic term to be a brand, say David Bernstein and Jared Kagan at Debevoise.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • Key Antitrust Considerations For Upcoming Bankruptcy Sales

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    There is likely to be a pandemic-related increase in acquisitions of companies or assets out of bankruptcy, and it is important to recognize that it is not atypical for the antitrust authorities to investigate and even challenge these transactions, say attorneys at Arnold & Porter.

  • Assessing The New DOJ, FTC Vertical Merger Guidelines

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    The vertical merger guidelines recently issued by the Federal Trade Commission and U.S. Department of Justice offer few details on agency determination of industrywide average retail price and lack clarity on remedies, so the forthcoming agency commentary should fill in the holes, say Koren Wong-Ervin and John Harkrider at Axinn.

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