Competition

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 20, 2024

    Alaska, Hawaiian Airlines Clear DOJ Review Of $1.9B Deal

    Alaska Airlines said Monday that the deadline for the U.S. Department of Justice to complete the review of its planned $1.9 billion merger with Hawaiian Airlines has expired, paving the way for the closure of the deal after the DOJ's deadline had been extended several times.

  • August 20, 2024

    Atty's Use Of 'Gallo' Ruffles Feathers At Competing Law Firm

    A Texas law firm says an attorney in the Lone Star State is confusing the public by using "Gallo," the Spanish word for rooster, in marketing his legal services despite the firm's trademark rights for using the word in that context.

  • August 20, 2024

    Broadcasters Fight Blockage Of Sports Streaming Megadeal

    ESPN, Fox and Warner Bros. Discovery have petitioned the Second Circuit to allow their "sports-first" broadcasting service Venu to move ahead while they face antitrust litigation from streamer Fubo, which blocked Venu's launch last week.

  • August 20, 2024

    EU OKs CMS-Led Aareal Bank To Sell Unit To TPG For €3.9B

    The European Union approved on Tuesday the sale for approximately €3.9 billion ($4.3 billion) by German lender Aareal Bank AG and investment company Advent International of a property management and maintenance software company to U.S. private equity firm TPG and Canada's CDPQ.

  • August 19, 2024

    TPG Dumped Opioid Co. On 'Unsuspecting' Endo, Suit Says

    After pushing Par Pharmaceutical to grow its market share in generic opioids and disregard federal requirements to report suspicious orders, TPG Capital saw other opioid manufacturers being inundated with litigation and sold Par to "an unsuspecting" Endo International PLC, according to a lawsuit filed in New York bankruptcy court.

  • August 19, 2024

    Pilgrim's Pride Agrees To Pay $100M In Chicken Farmers' Suit

    Pilgrim's Pride will pay $100 million to broiler chicken farmers to settle claims it conspired with other competitive chicken producers to suppress farmer compensation, according to the plaintiffs' preliminary approval bid filed Friday in Oklahoma federal court.

  • August 19, 2024

    Biogen Paid To Help Curb Generic Tecfidera Sales, Says Suit

    Biogen illegally impaired competition for its multiple sclerosis drug Tecfidera by paying major pharmacy benefit managers to prioritize the brand over generics while it worked to shift the market to a different version of the medication, a multi-employer welfare plan alleged Friday.

  • August 19, 2024

    FTC Pushes To Limit Meta's Merger Defenses

    The Federal Trade Commission continues to push the D.C. federal court overseeing its monopoly suit against Meta to slim down the social media titan's defenses ahead of the trial that the Facebook parent company is still hoping won't happen.

  • August 19, 2024

    10 States Join DOJ's Antitrust Case Against Live Nation

    The U.S. Department of Justice said Monday that it has updated the government's case accusing Live Nation of violating antitrust law through its control over the live entertainment industry to add 10 new states and claims for damages.

  • August 19, 2024

    Kroger Flips Script, Challenges FTC's Constitutionality

    Kroger went on the offensive Monday, a week before Oregon federal court proceedings kick off in the Federal Trade Commission's challenge to its purchase of Albertsons, in a lawsuit going after the constitutionality of the agency's in-house court, also set to contest the merger.

  • August 19, 2024

    NY Appeals Court Sides With DirecTV In Nexstar Fee Spat

    A New York state appeals court upheld DirecTV's summary judgment win against Nexstar in a spat over station licensing fees, even giving the satellite TV giant more than it won in the trial court by ruling that the judge there incorrectly denied some of DirecTV's claims.

  • August 19, 2024

    Aramark Gets Green Light For Solo Turkey Antitrust Case

    An Illinois federal judge has refused to dismiss Aramark's individual antitrust lawsuit alleging that turkey producers exchanged competitively sensitive information, rejecting arguments that the claims were untimely because the statute of limitations was tolled by the filing of a similar class action in 2019.

  • August 19, 2024

    Harris' Plan To 'Ban' Price-Gouging Met With Pushback

    Vice President Kamala Harris, the Democratic presidential nominee, has unveiled a proposal to crack down on high grocery prices, stating as part of her economic agenda that she would implement a first-ever federal ban on price-gouging — yet market participants aren't so sure that's the right approach. 

  • August 19, 2024

    Net Neutrality Akin To Federal Law Rewrite, 6th Circ. Told

    A pair of think tanks told the Sixth Circuit it should reject the Federal Communications Commission's net neutrality rules in part because the agency's decision to hold back its legal authority in some areas, like rate regulation, shows why the regime lacks statutory authority in the first place.

  • August 19, 2024

    NCAA Defends $2B NIL Deal Amid Growing Opposition

    The NCAA is pushing back against critics of its more than $2 billion proposed name, image and likeness settlement with college athletes, arguing the deal is the result of "intense and carefully structured negotiations" by competent class counsel, and detractors have baseless objections.

  • August 19, 2024

    DOJ Waited Too Long On Chats Deletions, Google Says

    Google urged a Virginia federal judge Friday to reject the Justice Department's request to sanction the search giant over a policy of deleting internal chats, arguing that the request came too late and that the government isn't missing any evidence for its advertising technology monopolization suit.

  • August 19, 2024

    FTC Says Albertsons Execs Deleted Texts About Merger

    The Federal Trade Commission accused executives from Albertsons of deleting text messages about the supermarket chain's planned megamerger with Kroger, saying the messages likely contained valuable internal views about the effects of the $25 billion deal.

  • August 19, 2024

    German State Liable In €500M Timber Sales Antitrust Fight

    A German state breached antitrust laws for decades in its sales of round timber, leaving it liable to antitrust suits worth an estimated €500 million ($553 million), a German regional appeals court has ruled.

  • August 19, 2024

    Homebuilders To Wrap Up £2.5B Deal Despite CMA Concerns

    Barratt Developments PLC said Monday that it has decided to go ahead and complete its approximately £2.5 billion ($3.2 billion) acquisition of rival homebuilder Redrow PLC this week without waiting for a green light from the U.K.'s competition regulator.

  • August 16, 2024

    The Biggest Texas Rulings Of 2024: A Midyear Report

    Texas has seen a bevy of major decisions, including a $1.4 billion settlement with Facebook over alleged biometric data collection, a ruling banning gender-affirming care for minors, and the conclusion of a long-running securities case against Attorney General Ken Paxton. Here's some of the biggest decisions so far this year.

  • August 16, 2024

    Discrimination Claim Row Becomes Party-Line FTC Slugfest

    Federal Trade Commission Republicans used partial dissents Friday from the settlement of an agency junk fees enforcement action they otherwise supported to air a string of grievances with the FTC's Democratic majority and its "ongoing effort to unilaterally expand its own authority."

  • August 16, 2024

    CDK's $100M Deal Puts Auto Dealer Settlements Up To $130M

    Car dealerships sought preliminary approval Friday for a $100 million class action settlement resolving claims that auto dealer data management software giant CDK Global anticompetitively locked out rival data companies, adding to the $29.5 million agreement reached previously in the sprawling litigation with CDK peer Reynolds and Reynolds.

  • August 16, 2024

    Calif. State Court Tosses Antitrust Case Against MultiPlan

    A California state court has tossed a suit accusing MultiPlan Inc. of violating antitrust law through pricing tools used by health insurance providers, similar to claims being made in multidistrict litigation that were recently centralized in Illinois federal court.

Expert Analysis

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

    Author Photo

    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Installing Antitrust Firewalls For AI And Other Innovations

    Author Photo

    Amid the specter of increased regulatory focus, implementing a firewall policy can help minimize antitrust risks related to the improper use or sharing of competitively sensitive information, including AI and algorithms, say attorneys at Hogan Lovells.

  • Fostering Employee Retention Amid Shaky DEI Landscape

    Author Photo

    Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.

  • PE In The Crosshairs Of Public And Private Antitrust Enforcers

    Author Photo

    A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.

  • Series

    Swimming Makes Me A Better Lawyer

    Author Photo

    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • FTC Noncompete Rule May Still Face Historical Hurdles

    Author Photo

    The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.

  • Manufacturers Should Pay Attention To 'Right-To-Repair' Laws

    Author Photo

    Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.

  • New Federal Bill Would Drastically Alter Privacy Landscape

    Author Photo

    While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.

  • Opinion

    CFPB Could, And Should, Revise Open Banking Rulemaking

    Author Photo

    In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

    Author Photo

    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • PE-Healthcare Mergers Should Prepare For Challenges

    Author Photo

    State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.

  • Setting Goals For Kicking Corruption Off FIFA World Cup Field

    Author Photo

    The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and ​​​​​​​Emily Ahdieh at Morgan Lewis.

  • Don't Use The Same Template For Every Client Alert

    Author Photo

    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Online Portal Helps Fortify Feds' Unfair Health Practices Fight

    Author Photo

    The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

    Author Photo

    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Competition archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!