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Competition
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March 06, 2024
Top Calif. Antitrust Atty Says Criminal Cases On The Horizon
California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.
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March 06, 2024
Garland On AI Crime, And A Taylor Swift Tune For DOJ
U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.
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March 06, 2024
DOJ Says Docs Exempt From Release In Ex-JPM Trader Case
The U.S. Department of Justice has asked a D.C. federal court to shut down a former JPMorgan forex trader's latest bid for allegedly exculpatory material from the government's failed market manipulation case against him, arguing the records are properly considered protected from public disclosure.
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March 06, 2024
Varsity Brands Can't Nix Expert's Testimony In Cheer Suit
Cheerleading supply company Varsity Brands won't be able to completely block the expert report of an economist hired by parents who have accused the company of working with others to raise the price of participating in competitive cheerleading, the Tennessee federal judge overseeing the case ruled Wednesday.
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March 06, 2024
Meta Must Face Ill. Media Co.'s Deceptive Ads Suit
An Illinois federal judge refused to let Meta duck, or force into arbitration, a local media company's proposed class action accusing the Facebook successor of competing unfairly by luring away advertisers with inflated user numbers, deeming the allegations plausible and outside of what was agreed to be arbitrated.
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March 06, 2024
Epic's Clash With Apple Over App Store Keeps Simmering
Epic Games said Wednesday that Apple is flouting new European rules by terminating its developer account and blocking it from launching its own iOS app store, but Apple said it made the move because of Epic's "hotfix" that sparked litigation in the U.S. several years ago.
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March 06, 2024
'Larger' Airlines Didn't Help Flyers, DOJ Tells 1st Circ.
The U.S. Department of Justice has assailed American Airlines for pressing its appeal over its since-nixed Northeast Alliance with JetBlue, telling the First Circuit that just because the deal made the airlines "larger" doesn't mean it helped consumers as the airline claims or that a district court gave potential benefits short shrift.
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March 06, 2024
Ex-Google Software Engineer Stole AI Secrets, Feds Say
A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.
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March 06, 2024
J&J Seeks Exit From Suit Over Stelara Exclusivity
Johnson & Johnson told a Virginia federal court Tuesday it shouldn't have to face a proposed class action claiming it has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying there was no "scheme" to enforce its patents as the suit alleges.
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March 06, 2024
DOJ Says Another Korean Co., Officer Behind Bid-Rig Scheme
A second South Korean company and its CEO allegedly defrauded the Pentagon in a scheme to rig bids and fix prices for subcontract work on U.S. military installations in South Korea, the U.S. Department of Justice announced Wednesday.
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March 06, 2024
Industry Groups Fight Expanding Digital Discrimination Rules
Three broadband industry groups want the Federal Communications Commission to pump the brakes on its plans for new digital discrimination oversight requirements, at least until the agency has seen how its controversial and recently passed discrimination rules shake out.
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March 06, 2024
Net Neutrality Plan Could Receive FCC Vote By April
As the cable industry again urged the Federal Communications Commission to scrap a Democratic-led plan to restore net neutrality rules, FCC Republican Brendan Carr signaled Wednesday that the proposal could receive a vote as early as April.
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March 06, 2024
SEC Beefs Up Disclosure Rules For Stock Order Executions
The U.S. Securities and Exchange Commission unanimously agreed Wednesday to require market venues and brokers to increase disclosures showing that they are obtaining the best prices for their customers' stock market orders on a timely basis, marking the first update to such rules in a quarter-century.
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March 06, 2024
50 Lawmakers Urge FTC To Probe Oil And Gas Consolidations
A group of 50 lawmakers on Wednesday urged the Federal Trade Commission to investigate a recent string of mergers and acquisitions in the oil industry, saying this "longstanding consolidation trend" threatens to reduce choice and competition across the supply chain, suppress wages and make gas at the pump more expensive.
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March 06, 2024
Don't Get Too Comfy Before Trade Deal Review, Tai Says
U.S. Trade Representative Katherine Tai on Wednesday cautioned the U.S., Mexico, and Canada not to get "too comfortable" ahead of approaching the first review of the nations' trade accord, saying some discomfort was needed to motivate them towards tackling global trade issues.
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March 06, 2024
FTC Can Depose Hospitals' Execs In Merger Challenge
A North Carolina federal magistrate judge has overruled two hospital systems' objections to the depositions of six Novant Health employees by the Federal Trade Commission in its antitrust action against a proposed $320 million merger, rejecting the healthcare providers' arguments that such depositions would be duplicative.
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March 06, 2024
New Balance Bid To Cut Nike Patents Is Too Early, Judge Hints
New Balance's bid to snip three patents from the latest infringement fight centering on Nike's patented Flyknit technology got an uneasy reception Wednesday from a Boston federal judge unwilling to dig too deep into the merits of the claims at the early stage of this case.
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March 06, 2024
North Carolina Probing RealPage Over Antitrust Issues, Too
The North Carolina Attorney General's Office is probing RealPage Inc. over concerns that its software helps property owners coordinate rent increases, adding to pressure on a company already facing private litigation and enforcement actions for allegedly violating antitrust law.
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March 05, 2024
5 Things To Know About CFPB's Cut To Credit Card Late Fees
The Consumer Financial Protection Bureau's new rule to cut credit card late fees has ignited a banking industry firestorm, with at least one trade group warning it will "imminently" sue. Here are five things to know as the fallout from the rule begins to take shape.
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March 05, 2024
White House To Crack Down On Illegal, Unfair Pricing
President Joe Biden launched a new "strike force" Tuesday to stop companies from imposing unfair price hikes on consumers amid a rash of measures supporting the administration's push to boost competition and lower prices across the economy.
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March 05, 2024
Rail Giants Get Some Docs Kept Out Of Fuel Surcharge MDL
A D.C. federal judge has kept more than two dozen key documents out of a long-running multidistrict litigation accusing the country's four largest railroad companies of a fuel surcharge price-fixing scheme while permitting at least portions of over a dozen others that didn't qualify for an exclusion afforded discussions about shared traffic.
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March 05, 2024
App Store Users Tell 9th Circ. To Reject Class Cert. Appeal
Consumers pressed the Ninth Circuit on Tuesday to not take up Apple's appeal of the certification of millions of App Store users, arguing the class action raises none of the issues justifying immediate intervention before trial on allegations targeting the technology giant's iron grip over app distribution on iPhones.
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March 05, 2024
CVS Again Defeats NY AG's Drug Rebate Tying Claims
A Manhattan judge on Tuesday threw out a second New York attorney general lawsuit accusing CVS Pharmacy Inc. of illegally forcing underserved hospitals to use its claims-processing subsidiary for federal drug reimbursements, saying the government still hasn't pled viable antitrust claims.
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March 05, 2024
FTC Chair Decries PE's Healthcare Impacts As Probe Starts
Federal Trade Commission Chair Lina Khan on Tuesday lamented what she deemed the "financialization" of healthcare resulting from private equity buyouts, in remarks coinciding with the launch of a multijurisdictional request for public comment on PE and other companies' growing control over the healthcare system.
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March 05, 2024
Avadel Told To Pay Jazz Pharma $234K Over Narcolepsy Drug IP
A Delaware federal jury found Monday that a specialty drugmaker owes nearly $234,000 to drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind its newer narcolepsy drug, launched last year to sales of over $28 million.
Expert Analysis
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Standing Issues Prevail In Wake Of Calif. Competition Ruling
Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.
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FTC's Proposed HSR Changes Will Complicate Merger Filings
Attorneys at Mayer Brown explore the proposed sweeping revisions to Hart-Scott-Rodino Act premerger notification rules and what the change would mean for deal terms, including the increased cost, uncertainty and risk added to the process.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Pointers For Tackling Antitrust Class Action Set-Aside Orders
As federal district courts have increasingly been willing to enter set-aside orders for the benefit of class counsel, varying rulings have made the propriety of such orders in antitrust class actions a thorny issue — so attorneys should time their filings strategically and explore opportunities for cost-sharing, say William Reiss and Laura Song at Robins Kaplan.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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Deal-Making Strategies To Explore Amid 2023's Uncertainties
Attorneys at White & Case delve into the evolving risks deal makers face in the remainder of 2023, detailing several approaches — such as activist simulations, stock-for-stock deals and divestitures — that may deliver value in an uncertain market.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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EU Case Shows Wide Approach To Blocking Telecom Mergers
The EU court's recent judgment in Commission v. CK Telecoms may make it more challenging to secure clearance for telecom and other companies pursuing mergers, illustrating its broad approach to mergers that risk harming competition without creating a dominant position, say Dominic Long and Christopher Best at Allen & Overy.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Colorado Antitrust Reform Carries Broad State Impact
Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.
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Regulating AI: An Overview Of Federal Efforts
The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.
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Opinion
Merger Guidelines Should Provide For Competition Trustees
Following the U.S. antitrust agencies' release of draft merger guidelines, retired U.S. Court of Federal Claims Chief Judge Susan Braden suggests a court-appointed competition trustee would help ensure U.S. competition without impairing economic prosperity.
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Senate Hearing Highlights Antitrust Hazards In PGA-LIV Deal
The U.S. Senate's recent questioning of PGA Tour COO Ron Price on the proposed deal with LIV Golf and its release of a dossier of framework agreements covered a variety of issues that could exacerbate antitrust concerns, including the predatory purchasing theory of competitive harm, free-riding and alternate funding, say attorneys at Perkins Coie.
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Indivior Ruling May Affect Rebate Wall Litigation
A New Jersey federal court's recent decision in Indivior v. Alvogen, in which a claim that an alleged rebate wall anti-competitively blocked generic competition survived summary judgment, may provide a blueprint for successfully challenging other drug rebating practices, say Peter Herrick and Monsura Sirajee at O'Melveny.