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Competition
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March 04, 2024
Ranches Nix Shepherds' 'Indentured Servitude' Suit For Now
A Nevada federal judge culled individual ranches from a sheepherder's antitrust lawsuit Monday, ruling that for now, the proposed class action has failed to specify their role in an alleged scheme led by the Western Range Association to keep guest worker wages down to the level of "permanent indentured servitude."
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March 04, 2024
Amazon Can't Duck E-Book Antitrust Suit But Publishers Can
A New York federal court has let the country's five largest book publishers escape claims from consumers that they worked with Amazon to drive up the prices of e-books, but the court refused to cut claims accusing Amazon of monopolizing the market.
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March 04, 2024
No 'Major Questions' Dispute In Net Neutrality, FCC Told
Despite what Republicans say, the FCC's decision to resurrect Obama-era net neutrality rules that were thrown out by former President Donald Trump's administration does not trigger the major questions doctrine, open internet advocate Public Knowledge told the agency recently.
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March 04, 2024
Novant Rival Fights Bid To Access Confidential FTC Docs
Novant Health can't unshield information given to regulators challenging its $320 million merger with two hospitals in North Carolina, a competitor hospital has told a federal court, saying it turned over those sensitive documents believing they would always be kept under wraps.
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March 04, 2024
Turkey Cos., Burford Unit Fight Over Refused Swap's Meaning
Turkey giants like Cargill, Perdue and Tyson trying to evade price-fixing allegations traded blows Friday in Illinois federal court with a Burford Capital affiliate over the meaning of a federal magistrate judge's ruling in separate litigation refusing to let a different Burford affiliate swap in as a plaintiff.
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March 04, 2024
FERC Slams Brakes On $1.1B Bridgepoint-ECP Deal
The Federal Energy Regulatory Commission has blocked U.K. asset manager Bridgepoint Group PLC's proposed £835 million ($1.1 billion) purchase of Energy Capital Partners LP, saying the companies haven't shown the merger wouldn't affect competition in U.S. electricity markets.
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March 04, 2024
Feds Urged Not To Let Mobile Cos. 'Centralize' Airwaves
Mobile networks should not be allowed to amass so much of the airwaves that they inadvertently crowd out national security technologies or sideline shared spectrum models, a group of experts told the U.S. Commerce Department.
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March 04, 2024
Groups Push For Review Of $2.3B Walmart-Vizio Deal
A group of 19 advocacy organizations including the American Economic Liberties Project and Public Citizen pushed the U.S. Department of Justice and the Federal Trade Commission to investigate the "serious threats" posed by Walmart's planned $2.3 billion acquisition of television maker Vizio.
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March 04, 2024
Storage Users Accuse Apple Of ICloud Monopoly
A California iPhone buyer is bringing a proposed class action claiming that the limits Apple places on third-party cloud storage services violate anti-tying laws and drive up prices through an illegal monopoly.
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March 04, 2024
JetBlue And Spirit Nix $3.8B Deal After Court Block
JetBlue Airways said Monday that it has reached an agreement with Spirit Airlines to end their planned $3.8 billion merger, after the U.S. Department of Justice convinced a Massachusetts federal court to block the deal earlier this year.
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March 04, 2024
Apple Fined €1.8B For Restricting Music Streaming Developers
The European Union's antitrust authority said Monday that it has fined tech giant Apple €1.8 billion ($1.95 billion) for abusing its dominant position in the market for music streaming apps by preventing developers from letting iPhone users know about cheaper subscriptions.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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."
Expert Analysis
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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The Space Law And Policy Outlook For 2024
Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.
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Antitrust Enforcement Initiatives To Watch In 2024
The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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HHS Advisory Highlights Free Product Inducement Risks
A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Why Challenges To FTC Authority Are Needed
In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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Volume-Based Transaction Pricing Proposal Raises Questions
A rule recently proposed by the U.S. Securities and Exchange Commission, which would prohibit securities exchanges from offering volume-based transaction pricing for agency or riskless principal orders in certain stocks, is meant to address competitive concerns — but there are reasons to question the logic behind this proposal, say attorneys at Sidley.
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NCAA Proposal Points To A New NIL Compensation Frontier
Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.
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Fed's New Swipe At Debit Fees Stirs Up Dilemma For Banks
The Federal Reserve's proposal to reduce the cap on debit card interchange fees charged or received by card issuers and payment networks comes as other bank account fees are taking regulatory hits, which could all culminate in an overall decline in access to banking products and services, says Kristen Larson at Ballard Spahr.
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Behind Antitrust Enforcers' 2023 Labor And Employment Push
This year, the U.S. Department of Justice and Federal Trade Commission stepped up their already-considerable efforts to expand antitrust enforcement to labor and employment, a trend that is likely to continue into next year, say Benjamin Dryden and Richard Flannery at Foley & Lardner.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.