Competition

  • September 29, 2022

    Banks Fight For Shot To Exit Forex-Rigging Suit Before Trial

    Leading investment banks told a competition tribunal on Thursday that it would be a "real injustice" if questions over the limitation period of a foreign exchange market rigging claim were not heard before a major trial in 2025.

  • September 28, 2022

    Ill. City Says It Was 'Kicked' By Express Scripts' Doc Dump

    The city of Rockford, Illinois, argued Tuesday that Express Scripts should be sanctioned over its late production of "a whole tranche" of documents from a crucial six-year period in its federal antitrust suit over allegedly inflated prices of Mallinckrodt's anti-seizure drug Acthar.

  • September 28, 2022

    Meta Says Advertisers Keep Dropping From Antitrust Case

    Meta Platforms told a California federal judge this week that advertisers keep dropping from an antitrust lawsuit against the company when they are about to be compelled to hand over information, saying the latest plaintiff to suddenly withdraw should be required to sit for a scheduled deposition. 

  • September 28, 2022

    Justices Told 9th Circ. Ruling 'Eviscerated' Antitrust Precedent

    A realtors trade organization urged the U.S. Supreme Court to put to bed a smaller rival's lawsuit challenging an internal policy for its members, arguing that a Ninth Circuit decision reviving the case "eviscerated" high court antitrust precedent.

  • September 28, 2022

    JetBlue CEO Defends American Airlines Pact In Antitrust Trial

    JetBlue's CEO told a federal judge Wednesday that his company and American Airlines remain "full-blooded" rivals despite the government's claims that a partnership between the two will leave travelers with fewer cheap flight options.

  • September 28, 2022

    DOJ's Criminal Antitrust Deputy Joins Fried Frank

    Fried Frank Harris Shriver & Jacobson LLP said Wednesday that Richard A. Powers, who had been serving as the deputy assistant attorney general for criminal antitrust enforcement at the U.S. Department of Justice, has joined the firm as a partner in New York.

  • September 28, 2022

    Del. Judge Rejects DOJ's Bid To Pause Sugar Deal

    The U.S. Department of Justice's recent bid to delay a merger between two major sugar companies was shot down Wednesday by a Delaware federal judge who found allowing the deal to move forward would not cause any irreparable harm and would be in the public's best interest.

  • September 28, 2022

    Zillow Says Magazine Can't Take Claims To Vt. High Court

    Zillow Inc. argued in Vermont federal court this week that a home listing magazine can't take its unfair competition claims against the real estate website to the state's high court after a federal judge dismissed the lawsuit in August.

  • September 28, 2022

    Weil Guides Sweden's EQT In $1.7B Billtrust Deal

    Sweden-based private equity firm EQT has agreed to purchase payments company BTRS Holdings Inc., known publicly as Billtrust, in a deal that values the latter firm's equity at approximately $1.7 billion and will take the company private, according to an announcement Wednesday. 

  • September 28, 2022

    CMA Defends £100M Fine Over Advanz Thyroid Drug Pricing

    The U.K.'s competition watchdog told a tribunal Wednesday that the prices charged by pharmaceutical company Advanz for its thyroid tablets were excessive and unfair as it began its defense of a £100 million ($107 million) fine.

  • September 28, 2022

    UK Regulator To Review Remedy In €656M Foam Cos. Merger

    Britain's antitrust authority said Wednesday that it has fast-tracked its probe so it can decide whether a remedy proposed by U.S. foam company Carpenter Co. and Belgium rival Recticel SA will alleviate fears that their €656 million ($632 million) merger could cause shoppers to pay more for mattresses.

  • September 27, 2022

    Smithfield Agrees To Pay $75M In Latest Pork Antitrust Deal

    Smithfield Foods has agreed to pay $75 million to settle antitrust claims brought by millions of indirect consumer purchasers, the company's latest deal in multidistrict litigation over an alleged meat industry ploy to inflate pork prices, according to a motion for preliminary approval filed in Minnesota federal court Tuesday.

  • September 27, 2022

    Poultry Execs Move To Toss DOJ's Price-Fixing Charges

    A pair of former Pilgrim's Pride employees urged a Colorado federal court to toss criminal price-fixing charges against them, arguing that prosecutors fell short of alleging they were connected to a scheme to rig bids for chicken sold to restaurants and grocery chains.

  • September 27, 2022

    Monster Asks Jury For $297M Over VPX's Super Creatine 'Con'

    An attorney for Monster Energy Co. urged a California federal jury Tuesday during closing arguments to award the company over $297 million from Vital Pharmaceuticals Inc. after a trial largely focused on claims that Vital falsely advertised super creatine, while Vital's attorney said the case suffers a "fatal problem of proof."

  • September 27, 2022

    Phil Mickelson, Other Golfers Exit LIV Suit Against PGA Tour

    Professional golfers Phil Mickelson, Talor Gooch, Hudson Swafford and Ian Poulter dropped their claims against the PGA Tour for banning them after they signed on with Saudi-funded rival LIV Golf Inc., leaving three plaintiffs in the suit, according to a pair of notices filed in California federal court Tuesday.

  • September 27, 2022

    Ex-Manager Can't Use Price Data Taken From NC Security Co.

    A onetime manager for a North Carolina security installation firm accused of stealing trade secrets when he decamped for a competitor has been barred from using that information or going after former clients, according to an order from the state business court Monday.

  • September 27, 2022

    Apple App Store Users Renew Antitrust Class Cert. Bid

    A proposed class of Apple App Store buyers has renewed their bid for certification in a suit accusing Apple Inc. of violating antitrust law through its store policies and commissions collected on app purchases.

  • September 27, 2022

    DOJ Seeks Block Of Sugar Merger Pending 3rd Circ. Appeal

    The U.S. Department of Justice has asked a Delaware federal court for an emergency order preventing U.S. Sugar Corp. from completing its $315 million acquisition of Imperial Sugar while enforcers appeal their rejected merger challenge to the Third Circuit.

  • September 27, 2022

    Google, Apple Say Advertiser Can't Expand Collusion Suit

    Google and Apple are urging a California federal court not to let a crane-operator training firm widen its collusion suit against the companies, saying the proposed revisions would be futile because they would not prevent Google from taking the trainer's claims to arbitration.

  • September 27, 2022

    Advanz Begins Appeal Of £100M CMA Drug Pricing Fine

    Pharmaceutical company Advanz and its two former private equity owners said Tuesday that a £100 million ($107 million) fine levied by the competition watchdog for charging the NHS too much for a thyroid drug is "manifestly wrong" at the start of an appeal challenge.

  • September 27, 2022

    American-JetBlue Accord Will Cost Flyers Billions, Judge Told

    A Massachusetts federal judge heard contrasting views on a partnership between American Airlines and JetBlue during the start of a closely watched antitrust case Tuesday, with the government claiming the accord will cost travelers billions and the carriers touting increased competition with Delta.

  • September 27, 2022

    Keurig Slams Rival's 'Flawed' Bid To Duck Trade Secrets Case

    Keurig told a Massachusetts federal judge that SharkNinja is trying to sweep a trade secrets suit under the rug by ignoring the complaint's allegations and the plain language of a former executive's noncompete agreement.

  • September 27, 2022

    UK Clears Bouygues' €7.1B Takeover Of Equans

    Britain's antitrust authority said Tuesday that it has cleared Bouygues SA's €7.1 billion ($6.8 billion) bid for Equans SAS after the companies provided remedies that would alleviate competition concerns related to Britain's High Speed Two railway project.

  • September 26, 2022

    Pandora Says Lewis Black, Agency Part Of Antitrust 'Cartel'

    Pandora Media LLC, facing comedians' copyright infringement claims, on Monday hit back at irascible comic Lewis Black and licensing agency Spoken Giants LLC with antitrust counterclaims, saying they are part of a "cartel" seeking to monopolize the licensing of comedians' recorded performances.

  • September 26, 2022

    Booz Allen Says DOJ Way Off Base On Antitrust Allegations

    The U.S. Department of Justice "has not come close" to establishing that Booz Allen Hamilton's planned $440 million merger with EverWatch violates antitrust law, the companies said in a joint brief prompted by a preliminary injunction hearing earlier this month. 

Expert Analysis

  • Uncertainty Lingers Around DOJ's Antitrust Leniency Shift

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    As evidenced by discussions at the International Cartel Workshop, the debate continues over the U.S. Department of Justice’s recent decision to tighten the criteria to qualify for leniency in antitrust investigations, raising questions about whether the amendments did more harm than good to future enforcement, say attorneys at Winston & Strawn.

  • DOJ Suit Highlights Shifting Merger Enforcement Standards

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    The recently filed U.S. v. Assa Abloy shows the U.S. Department of Justice's willingness to litigate against problematic merger transactions even when the parties attempt to address anti-competitive concerns, but the DOJ's shift away from established case law could create new litigation opportunities for those parties as well, say attorneys at V&E.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • Antitrust Suit Could Shake Up Schools' Financial Aid Policies

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    The eventual outcome of Henry v. Brown University, a civil antitrust suit brought against a group of elite private universities, could have major ramifications for how some of the most prestigious institutions of higher education in the U.S. allocate and award financial aid, say attorneys at Perkins Coie.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • Lessons From 3 Chancery Books And Records Decisions

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    Attorneys at Fried Frank discuss three recent Delaware Chancery Section 220 decisions, each of which amplifies stockholders' broad right to request corporate books and records, and offer important takeaways for practitioners concerning email, confidentiality and documentation.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Biden Order's New Lens Puts Foreign Transactions In Focus

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    President Joe Biden's landmark executive order on national security factors that will be considered by the Committee on Foreign Investment in the United States provides a new perspective for parties addressing questions and concerns on transactions, and reaffirms the role of CFIUS in national security, say attorneys at Simpson Thacher.

  • How New FCC Rule Will Improve Telecom Options For Tenants

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    A new Federal Communications Commission rule that takes effect Sept. 26 will give American tenants newfound access to competitive telecom services, promote consumer choice and help alleviate the anti-competitive effects of revenue sharing agreements, say John Reardon and Emily Edwards at Kutak Rock.

  • Anticipating Expansion Of FTC's Section 5 Antitrust Authority

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    The Federal Trade Commission is considering implementing rulemaking to clarify the conduct that it will consider an antitrust violation under Section 5, a move that could expand the agency's reach with consequential results for businesses and individuals, say attorneys at Duane Morris.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • Opinion

    Cannabis Legalization Must Address Monopoly Dangers

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    As lawmakers consider federal cannabis legalization, they must beware the potential dangers to public health and social equity posed by large marijuana conglomerates — and prioritize anti-monopoly principles, say Shaleen Title at Parabola Center for Law and Policy and Matt Stoller at the American Economic Liberties Project.

  • The Role Of Tweets, Memes, Emoji In Musk Securities Saga

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    Brad Foster at Haynes and Boone reviews securities law scenarios in the coming Twitter v. Musk litigation in Delaware and the class actions waiting in the wings, and explains how Elon Musk's tweets, memes and emoji might come into play.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

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