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Competition
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April 04, 2024
Deals Rumor Mill: Alphabet, Honeywell, Syngenta IPO
Google parent Alphabet is exploring whether to make an offer to acquire software company HubSpot; Chinese regulators encouraged pesticides giant Syngenta to pull its $9 billion IPO over concerns it could unsettle China's volatile market, and Honeywell wants to sell its personal protective equipment unit. Here, Law360 breaks down these and other notable deal rumors from the past week.
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April 04, 2024
Stagecoach Poised To Settle In £93M Train Ticket Class Action
Train operator Stagecoach is seeking to end its role in a £93 million ($118 million) collective action brought on behalf of passengers who allegedly paid double for their journeys, documents published by the Competition Appeal Tribunal on Thursday reveal.
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April 04, 2024
UK Deepens Probe Into Vodafone-Three Telecoms Merger
Britain's antitrust authority said Thursday that it has launched an in-depth probe into plans by Vodafone and Three to merge their U.K. telecommunications networks to create a £16.5 billion ($21 billion) mobile operator after the companies failed to alleviate competition concerns.
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April 03, 2024
FTC Won't Overlook 'Unanticipated' Harms, Slaughter Says
The Federal Trade Commission won't hesitate to go after companies and their executives that fail to take steps to address the broad range of privacy harms and other risks that can arise from the emergence of new digital technologies, particularly in the wake of a recent federal court ruling that backed this theory, Commissioner Rebecca Kelly Slaughter said Wednesday.
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April 03, 2024
Antitrust Suits Remain Low Despite Slight 2023 Spike
Federal enforcers and private plaintiffs filed more new antitrust cases last year than the year before but the slight uptick still kept 2023 as the second lowest in a decade, according to a new Lex Machina report.
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April 03, 2024
2nd Circ. Told FIFA Bribery Convictions Rightly Nixed
A former 21st Century Fox television executive and an Argentine sports marketing company told the Second Circuit that a lower court was right to toss their convictions related to the FIFA corruption scandal, contending that U.S. law does not reach foreign commercial bribery.
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April 03, 2024
Hawaii Bio Power Co. Can't Add Merger-Based Antitrust Claims
A Hawaii federal magistrate judge has refused to permit the addition of new allegations, based on a 2017 fossil fuel plant acquisition, to a recently restarted lawsuit accusing the state's largest power company of anticompetitively canceling a contract for a new biomass energy plant.
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April 03, 2024
Apple Blasts Input From Microsoft, Meta, Others In Epic Case
Apple asked a California federal judge Wednesday to reject attempts by Microsoft, Meta Platforms, Spotify and other major developers to insert themselves into Epic Games' argument that the iPhone maker is not complying with an order barring it from using anti-steering rules in the App Store.
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April 03, 2024
US Soccer Urges High Court To Hear Antitrust Fight
The U.S. Soccer Federation on Wednesday once again asked the U.S. Surpeme Court to review the Second Circuit's decision reviving an antitrust lawsuit against it and FIFA, arguing that the government's opposition to the federation's petition failed to defend an "extreme membership liability" imposed by the circuit court ruling.
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April 03, 2024
Mortgage Co. Targeted In News Report Hit With RICO Suit
United Wholesale Mortgage LLC, its parent company and its CEO were hit with a proposed class action Tuesday in Michigan federal court accusing them of scheming with mortgage brokers to steer borrowers into more expensive loans the same day that Hunterbrook Media, a new journalism and hedge fund outfit, published its first investigative piece focused on the company.
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April 03, 2024
Google's Win In Ad Tech Antitrust MDL To Get 2nd Circ. Look
A group of Massachusetts-based gym and spa businesses informed a New York federal judge Wednesday they will be taking to the Second Circuit their challenge of the judge's order dismissing their antitrust claims in multidistrict litigation over Google's alleged monopoly in digital advertising.
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April 03, 2024
EU Probing Solar Project Under Foreign Subsidy Rules
European enforcers launched a pair of investigations Wednesday to assess whether companies bidding on a solar project in Romania received an unfair advantage through foreign subsidies.
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April 03, 2024
FCC Adopts Contested New Radio Geotargeting Rules
Two members of the Federal Communications Commission said new rules allowing hyper-local targeting of radio broadcast content will help small and minority-owned stations after the agency passed them despite worries from larger broadcasters.
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April 03, 2024
Epoxy Cos. Say Unfair Trade Threatens Crucial Domestic Industry
Epoxy resin producers have called on U.S. officials to investigate rivals in Asia for unfair trade practices, arguing Wednesday that an influx of allegedly undervalued imports is threatening the domestic supply of an item with automotive, electronic and defense applications.
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April 03, 2024
Anheuser-Busch 'Choking Off' Beer Supply, Distributor Says
A New York beer distributor accused Anheuser-Busch InBev of slowly cutting off its supply using force that could only be exerted by such a "corporate behemoth," according to a suit filed in Manhattan federal court.
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April 03, 2024
Oil Company Says Judge's Recusal Not Needed In Cartel Suits
Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.
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April 03, 2024
FCC To Vote On Net Neutrality Plan At Late April Meeting
The Federal Communications Commission said Wednesday the agency will vote April 25 on a Democratic proposal floated in October to restore net neutrality rules last imposed on internet services during the Obama administration, but repealed by Republicans in 2017.
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April 02, 2024
Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat
Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.
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April 02, 2024
Broadcasters Gear Up For FCC Fight Over 'Sidecar' Deals
The Federal Communications Commission's recent effort to fine broadcast titan Nexstar more than $1 million over a "sidecar" arrangement with a New York TV station reflects tensions between the FCC and the industry over complex ownership deals going back years.
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April 02, 2024
2 More Poultry Cos. Settle Wage-Fixing Suit
Poultry processing workers sought preliminary approval Monday for deals with Case Foods Inc. and Mountaire Farms totaling $22 million that would make the companies the 10th and 11th wage-fixing defendants to settle out of a broader Maryland federal court case where total payouts reach $217.25 million.
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April 02, 2024
Amazon, Apple Buyers Defend Adding New Class Reps
Attorneys for a proposed antitrust class action against Apple and Amazon say the tech giants are being unreasonable by trying to stop them from adding new class representatives to the case after the initial delegate stopped talking with his legal team.
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April 02, 2024
Tesla Pushed On La. Antitrust Claims In 5th Circ.
Tesla Inc.'s claims that Louisiana car dealers and regulators illegally excluded the direct-sale automaker from the state's market met a Fifth Circuit panel Tuesday that questioned how the case might be impacted by a Pelican State probe into the company's allegedly unlawful conduct.
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April 02, 2024
Consumers Ask To Update Amazon Antitrust Claims
Consumers seeking billions of dollars over allegations that Amazon's merchant contracts cause them to pay higher prices are asking a Washington federal court for permission to update their claims to include more details about the tactics the e-commerce giant allegedly used.
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April 02, 2024
Fanatics Exec To Take Stand In DraftKings Noncompete Suit
A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.
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April 02, 2024
Qualcomm Says 9th Circ. Panel Already Heard Chip Claims
Qualcomm is urging the Ninth Circuit to assign an appeal from phone and tablet buyers looking to revive allegations that the chipmaker uses anti-competitive licensing practices to the same panel that nixed a class certification ruling in the long-running case.
Expert Analysis
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Reverse Proffers In Federal Criminal Cases Can Be A Win-Win
The increasingly popular reverse proffer — in which prosecutors disclose evidence to targets of a criminal investigation — can help the government test its case and persuade witnesses to cooperate, and can help defendants sharpen their strategies and obtain favorable deals by choosing to cooperate, say Jeffrey Martino and Byron Tuyay at Baker McKenzie.
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EU Rejection Of Booking.com Deal Veers From Past Practice
The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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Mitigating Antitrust Risk Amid Increased Dealmaking Scrutiny
While deals continue to get done despite 60% of significant merger investigations in the U.S. last year concluding with a complaint or abandoned transaction, private equity firms should identify and assess potential antitrust risks and develop strategies to mitigate them early in the deal process, say attorneys at Dechert.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Managing ANDA Venue Issues As Del. And NJ Filings Rise
Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Why Criminal No-Poach Cases Can Be Deceptively Complex
Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.