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Competition
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March 19, 2024
Ropes & Gray Adds Former Cooley Antitrust Partner In DC
Ropes & Gray LLP has added a longtime Cooley LLP partner who has helped guide some of the largest corporate mergers and acquisitions in recent years, some of which totaled multiple billions of dollars, the firm announced Monday.
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March 18, 2024
Patent Suit Over AstraZeneca's Tagrisso Heads To Jury
A Delaware federal judge said Monday that there are too many "genuine factual disputes" to end a lawsuit from a Pfizer brand claiming it developed a cancer treatment that's being infringed by a drug that has racked up billions in sales for rival AstraZeneca.
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March 18, 2024
Meta Wants Emergency Stop Of FTC Privacy Tweaks
Meta is seeking an immediate injunction to halt the Federal Trade Commission's changes to its 2020 settlement with the company, asking the D.C. Circuit to hear its appeal before the social media giant must respond to a show cause order on why the deal shouldn't be modified.
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March 18, 2024
2nd Circ. Rejects 'New Standard' Of Patent Monopolies
A Second Circuit panel on Monday revived antitrust allegations accusing Novartis of concealing the true history of an eye syringe treatment's development from the U.S. Patent and Trademark Office to edge Regeneron out of the market, faulting a district court for holding that antitrust markets can't be "coextensive" with the patent.
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March 18, 2024
GOP Rep. Calls For Crackdown On EV Threats From China
Rep. Jim Banks, R-Ind., a member of the House select committee on China's Communist Party and a U.S. Senate candidate, has asked the Commerce Department to investigate the imports of electronic vehicles and their components and the possible security threats to the United States from electronics from China.
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March 18, 2024
Corteva Wants Jury Trial In FTC Pesticides Case
Corteva has demanded a jury trial for the Federal Trade Commission's case in North Carolina federal court accusing Corteva and Syngenta of blocking competition from generic pesticides through rebate programs.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
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March 18, 2024
Sen. Vance Backs Suit To Declare Google Common Carrier
Sen. J.D. Vance, R-Ohio, and an anti-monopoly nonprofit have backed the Ohio state attorney general's lawsuit seeking to declare Google as a common carrier.
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March 18, 2024
NextEra Moves For Victory In Texas Power Grid Law Row
NextEra units want a Texas federal court to invalidate a state law reserving new power line development for incumbent transmission companies after the Lone Star State failed in its bid to overturn a Fifth Circuit opinion finding the measure unconstitutional.
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March 18, 2024
Brita Brings ITC Filter Patent Row To Federal Circuit
The Clorox Co.'s Brita brand has urged the Federal Circuit to overturn a decision that found it failed to show that language in a patent covering the brand's "gravity flow" filter was specific enough to earn legal protection.
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March 18, 2024
Justices Won't Review McDonald's No-Poach Case
A proposed class action targeting McDonald's past use of no-poach provisions in its franchise agreements will move ahead after the Supreme Court on Monday turned down McDonald's petition to review a Seventh Circuit ruling reviving the case.
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March 15, 2024
Hagens Berman Defends Bid To Lead Yardi Price-Fixing Suit
A putative class on Friday continued to push for the appointment of Hagens Berman Sobol Shapiro LLP as interim lead counsel for a rent price-fixing class action in Washington federal court after property management software company Yardi Systems Inc. and multiple landlords opposed the bid.
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March 15, 2024
Google Wants Facebook Pact Kept Out Of Ad Tech Discovery
Google urged a Texas federal judge on Friday to reject state-level enforcers' bid to lift a stay on discovery for documents related to a bidding agreement between Google and Facebook in the suit accusing the search giant of monopolizing key digital ad technology, saying the plaintiffs' antitrust claims based on the agreement have already been dismissed.
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March 15, 2024
NYC Taxi Drivers Convince Judge To Reconsider RICO Claims
A New York federal judge has agreed to rethink her decision throwing out New York City cab drivers' racketeering suit claiming the city artificially inflated the values of once highly coveted taxi licenses, admitting that she "committed clear error" in finding that certain claims were filed too late.
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March 15, 2024
FTC Probing Reddit's AI Licensing Ahead Of IPO
Reddit Inc., which earlier this week announced plans for an estimated $715 million initial public offering, revealed in a U.S. Securities and Exchange Commission filing Friday that the Federal Trade Commission is looking into the company's sale of user-generated content to train artificial intelligence.
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March 15, 2024
Meta Can't Block FTC Plans To Stop Kids' Data Monetization
Meta filed its second appeal Friday after suffering another D.C. federal court loss against proposed Federal Trade Commission tweaks to a $5 billion data privacy settlement meant to block its monetization of children's data.
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March 15, 2024
Sugar Giants Hit With Antitrust Suit Over Alleged Price-Fixing
A class action filed in New York federal court Thursday alleges that the biggest players in the domestic sugar industry have been engaged in a price-fixing scheme for years.
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March 15, 2024
Judge Asks Colo. Why Grocery Merger Case Can't Wait
A state judge in Denver has asked Colorado enforcers why they need to have a hearing on their bid to block Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons before other hearings in challenges from federal enforcers and Washington state.
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March 15, 2024
AT&T Outage Calls For FirstNet Review, Group Tells Lawmakers
An emergency telecommunications industry group is calling for a full congressional investigation of the AT&T-run FirstNet emergency response network, saying the company's massive network outage last month demonstrates the need for competition and redundancy in first responder networks.
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March 15, 2024
Apple Wants 'Convoluted' IPhone App Antitrust Suit Tossed
Apple Inc. asked a California federal judge Thursday to toss a proposed antitrust class action alleging that Apple Inc. illegally controls which apps are viewed on iPhone web browsers to boost iPhone prices, arguing that the consumers don't have standing to bring their "highly convoluted and speculative" claims.
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March 15, 2024
Sanderson Beats Chicken Buyers' Antitrust Retrial Attempt
Direct chicken purchasers who lost a price-fixing trial against Sanderson Farms cannot have another shot at bringing their case to a jury because their first trial was fair, and their circumstantial evidence couldn't defeat the company's competing proof, an Illinois federal judge has ruled.
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March 15, 2024
Hospitals Say Constitutional Defenses Valid In FTC Merger Row
Two North Carolina hospital systems shot back at the Federal Trade Commission's contention that constitutional defenses are immaterial to the agency's challenge of a $320 million merger plan, arguing that case law shows that striking the positions would be premature.
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March 15, 2024
Ariz. Rep. Urges FTC Investigation Of RealPage Software
Rep. Ruben Gallego, D-Ariz., has urged the Federal Trade Commission to investigate alleged anti-competitive practices by RealPage Inc., whose rent-pricing algorithm is the subject of multidistrict antitrust litigation.
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March 15, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Howard Kennedy face legal action by a London hotel chain, former racing boss Bernie Ecclestone and Formula One hit with a breach of contract claim by a Brazilian racecar driver, and a libel row between broadcaster Jeremy Vine and ex-footballer Joey Barton. Here, Law360 looks at these and other new claims in the U.K.
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March 15, 2024
Realtors Cut $418M Deal, Agree To Make Broker Fee Changes
The National Association of Realtors said Friday that it has reached a settlement to end claims that its broker commission rules caused home sellers across the country to pay inflated fees, agreeing to pay $418 million over four years and to implement changes to its rules.
Expert Analysis
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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The Impact Of Proposed HSR Form Changes On Agency Staff
The Federal Trade Commission's recent proposed changes to the Hart-Scott-Rodino Notification and Report Form will have the unintended effect of drastically increasing the burden on agency staff without an appreciable increase in their ability to detect potentially anti-competitive transactions, say Amanda Wait and Andrew Eklund at Norton Rose.
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FTC's Health Co. Suit Indicates Agency's Private Equity Focus
The Federal Trade Commission's latest lawsuit against an anesthesia company and its private equity investor highlights the agency's willingness to regulate the health care industry even when relevant acquisitions are relatively dated or when the controlling entity's economic interest is under 50%, say attorneys at Simpson Thacher.
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Top 4 Antitrust Enforcement Issues In Health Care Today
The Federal Trade Commission's recent lawsuit against U.S. Anesthesia Partners exemplifies antitrust enforcement authorities' efforts to aggressively reshape the health care industry, ranging from new proposed rules to withdrawals of previous guidance, say attorneys at Fried Frank.
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6 Lessons From Direct Selling Industry's Win Over FTC
A Texas federal court’s recent decision in favor of a direct selling company in Federal Trade Commission v. Neora offers long-awaited clarity on what constitutes a pyramid scheme, and lessons for companies seeking to prove their sales are consistent with genuine demand, say Monica Zhong and Branko Jovanovic at Edgeworth.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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OECD Gender Inclusive Toolkit May Inform Competition Policy
A toolkit recently released by the Organization for Economic Cooperation and Development offers a potential framework for guiding competition regulators and practitioners to better understand how market dynamics affect different gender groups, and could potentially be applied to other demographic lenses as well, say analysts at Analysis Group.
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Insights From The NAD Annual Law Conference
Discussions at the National Advertising Division's recent annual conference featured emerging areas of focus in ad law, NAD process and procedure, and a bullish summary of Federal Trade Commission activity that revealed industry outlooks on investigations and demands, says Christopher Cole at Katten.
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Calif. Law Tests Noncompete Prohibitions' Potential Reach
California’s newly enacted law, which voids employee restrictive covenants, whether signed in or out of the state, has the potential to upend typical agreement negotiations, and highlights ongoing questions concerning how California's worker protections fare in other jurisdictions, says Sarah Tishler at Beck Reed.
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5 DOJ Enforcement Priorities To Note From Recent Remarks
Principal Associate Deputy Attorney General Marshall Miller’s recent speech provided a glimpse into the U.S. Department of Justice’s corporate criminal enforcement priorities — from national security concerns to mergers and acquisitions — with takeaways for companies’ compliance programs, say Joseph Jay and Jennifer Le at Sheppard Mullin.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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5 Takeaways From Bellwether AI Copyright Case
A Delaware federal court's ruling last week in Thomson Reuters v. ROSS is the first summary judgment ruling regarding fair use of copyrighted material to train generative artificial intelligence models and provides an early glimpse of how an appeals court judge views key generative AI copyright issues, says Michael Justus at Katten.
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How Gov't Agencies Will Fare In The Event Of A Shutdown
With a federal shutdown potentially set to begin at the end of this month, it may be useful to consider the approximate timelines that agencies such as the Federal Trade Commission and IRS have announced for curtailing operations, and potential strategies for mitigating challenges that may arise while agency functions are limited, say attorneys at Cleary.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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4 Pharma Industry Arguments Against CMS Drug Pricing Plan
The Centers for Medicare & Medicaid Services is facing significant pushback regarding its plans for implementing the Inflation Reduction Act's Medicare drug price negotiation program, due to a number of potential repercussions for manufacturers, say attorneys at Mintz Levin.