Competition

April 26, 2024
CMA Probes Deal For UK Ventilator Biz Over Cost Fears

The Competition and Markets Authority said Friday it has concerns that Swedish ventilation company Lindab's attempt to buy a British rival, HAS-Vent, could result in higher prices for consumers.
April 25, 2024
FDIC Tables Plans To Scrutinize Big 'Passive' Bank Investors

Federal Deposit Insurance Corp. leaders on Thursday debated two competing proposals intended to address concerns about asset managers and other investors amassing outsized influence over banks whose shares they own, ultimately taking the rare step of tabling the measures as neither garnered majority support.
April 25, 2024
Legal Battles Set To Begin On Broadband 'Neutrality' Regs

Now that the Federal Communications Commission's Democratic leadership brushed past GOP members' opposition to net neutrality rules, it faces what could be a higher hurdle — growing resistance in the courts to expansive views of agency powers.
April 25, 2024
FCC OKs $1.35B T-Mobile, Mint Deal With Unlocked Phones

The Federal Communications Commission on Thursday approved T-Mobile's $1.35 billion purchase of Ka'ena, the parent company of Hollywood actor Ryan Reynolds' wireless brand Mint Mobile, adopting as a condition for approval the carrier's commitment to more quickly "unlocking" its phones so they can be transferred between service providers.
April 25, 2024
Standard General Claims Racial Bias By FCC In Tegna Deal

Hedge fund manager Soo Kim is suing the Federal Communications Commission and a cadre of media players over what he calls a racially charged conspiracy to block his fund's $8.6 billion purchase of media company Tegna, claiming the agency discriminated against him when it sidelined the deal last year.
April 25, 2024
Antitrust Enforcers Warn FERC About Ownership Overlaps

The Federal Trade Commission and the U.S. Department of Justice warned energy regulators Thursday about competitive risks that can arise from investment firms that own stakes in multiple electric utilities, even if they don't have controlling interests.
April 25, 2024
NC Hospital Leader Condemns FTC's Merger Block Bid

The chief of staff for a North Carolina hospital in the midst of a merger battle ripped the care facility's current owners Thursday in a show of support for new ownership, pleading for federal antitrust regulators to get out of the way lest they usher in "a year long death marked by suffering" for the hospital.
April 25, 2024
UK Antitrust Arm Frontloads In-Depth Merger Probes

U.K. antitrust authorities finalized extensive changes Thursday to their in-depth merger probes, with an emphasis on frontloading the process for sooner — and more informal — talks with companies under investigation.
April 25, 2024
T-Mobile, EQT Form Joint Venture To Acquire Fiber Biz

T-Mobile and private equity shop EQT on Thursday announced that they have entered into a joint venture, under which T-Mobile will invest $950 million at closing, to purchase fiber-to-the-home platform Lumos from one of EQT's previous infrastructure funds, in a deal built by at least three firms.
April 25, 2024
Conn. Judge In Drug Price-Fixing Suit Reveals Day Pitney Ties

U.S. District Judge Michael P. Shea of the District of Connecticut said Thursday he will not recuse himself from overseeing state enforcers' price-fixing claims against Sandoz Inc. and other drug companies despite Sandoz's attorneys being from Day Pitney LLP, where he was once a partner.
April 25, 2024
Class Counsel Seeks $31M From $93M Lipitor Settlement

Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor have asked a New Jersey federal judge to approve their request for $31 million in fees after the two sides agreed to a $93 million settlement in February.
April 25, 2024
FCC Restores Net Neutrality Rules In Party-Line Vote

The Federal Communications Commission voted 3-2 on party lines Thursday to bring back the Obama-era net neutrality regime by reclassifying broadband service under the Communications Act and making it subject to common carrier telecom rules.
April 24, 2024
Construction Supplier Threatened Us, Distribution Execs Say

Current and former executives for construction distribution companies told a Denver jury Wednesday they believed a Berkshire Hathaway-owned construction supply company pressured them not to do business with a smaller rival, with one witness saying he initially stuck with the Berkshire supplier because it didn't seem like an "idle threat."
April 24, 2024
3M And Ga. Utility Say $850M PFAS Cleanup Plan A No-Go

3M, a Georgia utilities provider and carpet and chemical manufacturers told a Georgia federal judge Wednesday they shouldn't have to face an $850 million remediation plan to clean up alleged waterway contamination from forever chemicals.
April 24, 2024
FCC OKs Detroit TV Deal — If Certain Conditions Are Met

The Federal Communications Commission approved the $75 million sale of a Michigan-based television station to Mission Broadcasting, but conditioned the sale on terms meant to ensure that Nexstar, the country's largest TV station group owner, does not have de facto control of the station.
April 24, 2024
Takeaways From The FTC's Noncompetes Ban

The first legal challenges to the Federal Trade Commission's new ban on essentially all noncompete agreements that employers impose on workers have already been filed, but questions remain, not just on the rule's legal viability, but also on the likelihood of follow-on rulemakings and the rule's exact reach.
April 24, 2024
NFL Can't Tell Jurors Attys Fueled Sunday Ticket Suit

With an antitrust trial in long-running multidistrict litigation between the NFL and DirecTV subscribers over the league's Sunday Ticket football package set to kick off this summer, the judge overseeing the case is laying down the law about what can and can't be told to the jury.
April 24, 2024
EU Court Won't Disturb Spanish Tax Break Rulings

A Spanish company on Wednesday lost its attempt to legitimize a tax scheme declared illegal by the European Commission when the European Union's General Court rejected its appeal, refusing to disturb prior decisions in the long-running dispute.
April 24, 2024
DOJ Wants To Weigh In On Texas Google Ad Tech Discovery

The U.S. Department of Justice asked a federal judge Wednesday for permission to file a statement of interest in a Texas-led lawsuit accusing Google of anticompetitive conduct in the display advertising market, writing that the states' request for certain discovery items may violate an order in a substantially similar suit the DOJ is pursuing in Virginia.
April 24, 2024
'Net Neutrality' Timeline: From Brand X To Biden-Era Brawl

The legal fight over how to treat broadband service hits a new milestone Thursday in Washington, the latest in a dispute that started a generation ago, soon after consumers began widely using the internet in the 1990s.
April 24, 2024
Groups Back Intuit's 5th Circ. Challenge To FTC Over Ads

Business and conservative groups defended tax software giant Intuit Inc. in its Fifth Circuit constitutional challenge to the Federal Trade Commission's findings that the company engaged in deceptive advertising, saying the agency acts as both prosecutor and jury and that its administrative judges have unchecked power.
April 24, 2024
Chamber Of Commerce Sues FTC Over New Noncompete Rule

The U.S. Chamber of Commerce has lodged a promised lawsuit challenging the Federal Trade Commission's new rule banning noncompete agreements, contending the pacts are good for the economy and that the agency lacks authority to issue the regulation.
April 24, 2024
Paul Weiss-Led IBM To Acquire HashiCorp In $6.4B Deal

Paul Weiss Rifkind Wharton & Garrison LLP is representing IBM on a deal to buy infrastructure automation company HashiCorp Inc. at an enterprise value of $6.4 billion, which the tech giant said Wednesday will allow it to cater to clients grappling with the exponential expansion of the cloud.
April 24, 2024
CMA Chair Defends Agency's Interventionist Merger Approach

The chair of the Competition and Markets Authority has defended the U.K.'s antitrust watchdog's aggressive and interventionist attitude, saying it helps drive the country's "economic growth and productivity."
April 24, 2024
UK Eyes Amazon, Microsoft AI Deals For Merger Probes

The U.K.'s antitrust watchdog said Wednesday it would look into Amazon's $4 billion investment in U.S.-based artificial intelligence startup Anthropic, and Microsoft Corp.'s deals with two other big AI players, to see if they fall under the country's merger control rules.

Expert Analysis

4 Legal Ethics Considerations For The New Year

As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
Opinion

Waiving COVID-19 IP Protections Would Harm US Industry

President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
The Year Ahead In Foreign Investment And National Security

In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.
Navigating Class Actions After Papa John's Settlement Denial

A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.