Competition

  • March 03, 2024

    UK Gov't Plans New Law To Reverse PACCAR Funding Fallout

    The U.K. government announced legislative changes on Monday designed to make it easier for people to secure funding for legal claims against companies in the wake of a landmark Supreme Court ruling that made many litigation agreements unenforceable.

  • March 01, 2024

    Google Gets Ad Tech Monopolization MDL Trimmed

    A New York federal judge on Friday threw out a number of claims in sprawling multidistrict litigation over Google's alleged monopoly in digital advertising, although the judge held that Google must continue to face limited claims from publishers and advertisers in several cases.

  • March 01, 2024

    Blockbuster Drug Sales Help Keep J&J Patent Alive

    Johnson & Johnson has persuaded a federal judge in Wilmington, Delaware, to rule in its favor in a patent case seeking to prevent a startup from launching a competing line of schizophrenia drugs, in part because Invega Sustenna has made the pharmaceutical giant billions of dollars.

  • March 01, 2024

    FTC, DOJ Slam Use Of Software To Fix Rent Payments

    The Federal Trade Commission and the U.S. Department of Justice on Friday told a Washington federal judge that landlords can't collude on housing prices even if they're using new technology to do it, adding their input to a case accusing property owners of fixing rental costs with Yardi Systems Inc. software.

  • March 01, 2024

    FTC Wants To Split Amazon Antitrust Trial

    The Federal Trade Commission has asked a Washington federal court to split its landmark monopolization case against Amazon into two phases, with a trial to determine if the company violated antitrust law and another to mull potential fixes if the court finds that it did.

  • March 01, 2024

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from companies and interest groups close to 200 times in February on subjects ranging from net neutrality rules to "all-in" cable pricing, device security labels, minimum broadband speeds and more.

  • March 01, 2024

    'We Don't Know If They Prejudged Meta,' Judge Says Of FTC

    The D.C. federal judge handling Meta's case attacking the Federal Trade Commission's constitutionality and its efforts to reopen a 2020 privacy settlement balked Friday at preliminarily stopping the agency from banning the monetization of children's data.

  • March 01, 2024

    Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit

    Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.

  • March 01, 2024

    FTC Attacks Constitutional Defenses In Hospital Merger Fight

    The Federal Trade Commission has urged a federal court to trim Novant Health's defenses in the agency's challenge of a $320 million plan to buy two North Carolina hospitals, citing case law holding that constitutional arguments are immaterial to the court's consideration of an antitrust injunction bid.

  • March 01, 2024

    Panel Backs Tossing Of Eli Lilly, Bayer Drug Marketing Suits

    A New Jersey state appeals court on Friday upheld the tossing of two lawsuits accusing Bayer Corp. and Eli Lilly & Co. Inc. of engaging in "unlawful marketing schemes" leading to false claims submissions to government healthcare programs, finding the cases did not meet the "public disclosure bar."

  • March 01, 2024

    FTC Backs Colo. Right-To-Repair Expansion

    A Federal Trade Commission representative appeared at a Colorado legislative hearing in support of a proposed "right-to-repair" law requiring manufacturers to provide documentation, software, data and certain tools to allow consumers to fix their own digital electronic equipment.

  • March 01, 2024

    3 Firms Seek $80M In Fees From Real Estate Brokerage Deal

    Class counsel for homeowners who say they paid artificially inflated broker commissions when they sold their homes are asking for about $80 million in attorney fees and $12 million in expenses after they settled with major real estate brokerages.

  • March 01, 2024

    UK Extends Probe Into Smoke Alarm Co.'s £28M Bid For Rival

    FireAngel Safety Technology Group PLC said Friday that the U.K. government has extended the national security probe into its proposed £27.7 million ($35 million) acquisition by Singapore-based home security company Intelligent Safety Electronics Pte. Ltd.

  • March 01, 2024

    Musk Says OpenAI, Altman Broke Co.'s Founding Principles

    Elon Musk has accused former business partner and OpenAI CEO Sam Altman of setting the business' "founding agreement aflame," alleging in a California state lawsuit that he betrayed his promises to run the company as a nonprofit and make technological advances open to the public so artificial intelligence development would be "for the benefit of humanity."

  • March 01, 2024

    Taxation With Representation: Pillsbury, Cleary Gottlieb

    In this week's Taxation with Representation, First Advantage Corp. acquires Sterling Check Corp., International Game Technology spins off two subsidiaries, Disney merges its media operations in India with Reliance Industries, and Atlas Energy Solutions purchases Hi-Crush.

  • March 01, 2024

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

    This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.

  • February 29, 2024

    Amazon Cuts Deals With Mastercard, Banks In Fee MDL

    Amazon told a New York federal court Thursday that it has reached settlement agreements with Mastercard and several banks, after reaching a previous deal with Visa, over allegations that anti-competitive conduct by the card companies and banks caused the online retail giant to overpay for transaction fees.

  • February 29, 2024

    Blank Rome Accused Of Suing Atty Over Job Change

    A trial attorney who used to defend plane parts manufacturer Avco Corp. accused the company and Blank Rome LLP Wednesday in Pennsylvania federal court of pursuing "frivolous" litigation against her, claiming they sought to destroy her livelihood because she joined a plaintiffs' firm that frequently sues aviation manufacturers.

  • February 29, 2024

    DOJ Says Court Rehab Means Ga. Bid Rig Case Must Move

    Construction at Savannah, Georgia's federal courthouse means three men accused of conspiring to rig bids for millions of dollars' worth of ready-mix concrete contracts will have to be tried in a college town a couple of counties over, according to the DOJ.

  • February 29, 2024

    STB, CSX Tell Justices To Reject Norfolk Southern Appeal

    Norfolk Southern Railway Co. has taken its contentious battle to have itself declared immune to a rival's antitrust suit to the U.S. Supreme Court, but the competitor that's suing it and the regulator who declared it not exempt are both asking the justices to leave well enough alone.

  • February 29, 2024

    Epic, Google Are At App Store Antitrust Remedies 'Impasse'

    Epic Games Inc. and Google LLC told a California federal judge on Wednesday that they are at an impasse over the potential changes Google will have to make following the Fortnite game developer's jury trial win on antitrust claims related to Google Play Store and Android apps.

  • February 29, 2024

    Biden Floats 3 Nominees To Return FERC To Full Strength

    President Joe Biden on Thursday unveiled a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, including the solicitor general of West Virginia and a former Massachusetts energy official.

  • February 29, 2024

    Sandoz To Pay $265M To Resolve Claims In Price-Fixing MDL

    Swiss generic drug and biosimilar manufacturer Sandoz announced Thursday that two of its subsidiaries have reached a $265 million settlement with the direct purchasers of generic medications to resolve allegations of federal antitrust violations.

  • February 29, 2024

    Discover Deal Prompts Dems To Seek Bank Merger Revamp

    Rep. Maxine Waters, D-Calif., the top Democrat on the House Financial Services Committee, and 15 other House Democrats are calling on federal bank regulators and the U.S. Department of Justice to quickly crack down on mergers in the wake of Capital One's recently announced $35.3 billion deal to acquire Discover Financial Services.

  • February 29, 2024

    Canada's Competition Watchdog Deepens Google Ad Probe

    Canada's competition enforcer said Thursday the agency has expanded an investigation into whether Google is abusing its dominance over technology used to place ads on third-party websites and apps, adding to mounting global pressure on the tech giant's ad business.

Expert Analysis

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

  • FTC Orange Book Move Signals New Pharma Patent Scrutiny

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    The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Competition Considerations From Biden's AI Executive Order

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    In light of President Joe Biden's recent executive order on artificial intelligence and the antitrust agencies' expansive enforcement posture, businesses in the technology and related industries should expect scrutiny, and avoid interactions that could be perceived as unlawful collaborations or exchange of competitively sensitive information, say attorneys at Hogan Lovells.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance

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    A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • How 'Safe Harbor' Policy Will Modify M&A Processes

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    Legal practitioners should be aware that the Justice Department's "safe harbor" immunity will change the typical M&A process significantly as acquirers start embedding fraud detection into their due diligence, including a broader scope of examinations and interviews, says Jesse Silvertown at The Ledge.

  • Earnout Contract Considerations After NC Good Faith Ruling

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    The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.

  • Reading Between The Lines Of HHS' National Lab Opinion

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    The U.S. Department of Health and Human Services' Office of Inspector General recently rejected a national laboratory's request to pay a referring lab to process specimens, but the request might have been an attempt to exploit the OIG's advisory opinion process for a competitive advantage, says Mary Kohler at Kohler Health Law.

  • ITC Ban On Apple Watch Could Still Be Reversed

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    The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Biden Admin's M&A Rhetoric Outpaces Enforcement Numbers

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    Despite the Biden administration's rhetoric about the need to reinvigorate antitrust efforts, merger enforcement actions by the Federal Trade Commission and the U.S. Department of Justice Antitrust Division are at 20-year lows, with the agencies opting for deterrence instead, says Ryan Quillian at Covington.

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