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Competition
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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.
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March 15, 2024
UK Watchdog Probes Barratt's £2.5B Redrow Deal
The antitrust regulator said Friday that it is looking into whether Barratt Developments PLC's £2.5 billion ($3.2 billion) all-share deal for rival homebuilder Redrow PLC could harm competition in U.K. markets.
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March 14, 2024
Gamers Seek To Block Microsoft From 'Dismantling' Activision
Gamers who are still challenging Microsoft's now-completed union with gaming titan Activision Blizzard say a California federal court must hand down an order stopping further integration of the two businesses after Microsoft laid off 1,900 people from the gaming company.
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March 14, 2024
CFPB To Mull Official 'Standard Setters' In Open Banking Push
Consumer Financial Protection Bureau Director Rohit Chopra outlined plans for his agency to start offering formal accreditation for open banking "standard-setting organizations" as it prepares to finalize a landmark new rule on data-sharing between banks and fintech firms.
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March 14, 2024
DOJ, FTC Tell Copyright Office To Expand Right To Repair
Federal law enforcement and trade officials said Thursday that the U.S. Copyright Office should not only retain a policy that gives consumers more leeway to fix things like cars, it should also expand those protections to things like industrial equipment.
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March 14, 2024
Buyers Want Goodyear, Michelin Price-Fixing Suits Combined
Tire buyers who have accused Goodyear, Michelin, Bridgestone and others of working together to fix the price of replacement tires have asked a New York federal court to consolidate the dozen lawsuits that have piled up against the tire manufacturers.
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March 14, 2024
72-Year Weil Alum, 'True Visionary' Corporate Atty Dies At 97
Ira M. Millstein, the legendary Weil Gotshal & Manges LLP senior partner who helped save New York City from bankruptcy in the 1970s and used his bipartisan connections to help smooth Ruth Bader Ginsburg's path to the federal judiciary, has died, the firm said Thursday.
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March 14, 2024
Fired SoCal Edison Workers Drop Blacklist Suit Without Deal
A group of former Southern California Edison utilities line designers summarily dropped their California federal court lawsuit against the utility, dismissing claims that their new company was hurt by policies declaring certain terminated employees persona non grata on distribution line extension projects in company territory.
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March 14, 2024
US Urges High Court To Deny Petition In Soccer Antitrust Row
The U.S. solicitor general told the U.S. Supreme Court on Thursday that it should deny the U.S. Soccer Federation's efforts to stave off an antitrust lawsuit, saying the plaintiff correctly showed that the American organization worked with the international governing body to restrict certain events.
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March 14, 2024
FTC Says Consolidation Endangering Infant-Formula Market
The Federal Trade Commission has found the country's small number of baby formula manufacturers and the effects of a federal nutrition program contributed to shortages in 2022 and are still making the supply chain vulnerable to disruption.
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March 14, 2024
Axon, Cities Fight Over Producing Material From FTC Case
Axon Enterprise is sparring with municipalities accusing the police equipment maker of monopolizing the Taser and body camera markets, with the local governments pushing for what Axon described as the "premature and improper" production of discovery from the Federal Trade Commission's since-abandoned case.
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March 14, 2024
Game Developer Seeks Class Cert. In Valve Antitrust Case
Developer Wolfire Games is asking a Seattle federal judge for class certification in its consolidated antitrust suit against online game seller Valve, saying discovery has brought abundant evidence that the platform uses its most-favored-nation clause to stifle competition and maintain monopoly power.
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March 14, 2024
Koch Can't Bring $30M Claim Against Canada Under NAFTA
Canada prevailed in a $30 million arbitration brought by Koch Industries over the province of Ontario's decision to cancel a cap-and-trade program in 2018, securing dismissal of the claim on jurisdictional grounds.
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March 14, 2024
Water Treatment Co. Must Face Rival's Trade Secrets Suit
A Tennessee federal judge has found that certain issues in a trade secrets suit against industrial water treatment service company ChemTreat need to go before a jury, shooting down arguments including that no trade secret was adequately identified.
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March 14, 2024
Mnuchin Says He's Forming Investor Group To Buy TikTok
Former U.S. Treasury Secretary Steven Mnuchin said Thursday he is forming an investor group to buy TikTok, one day after a measure to separate the social media platform from its Chinese owners passed the House.
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March 14, 2024
9th Circ. Is Asked To Revive LegalForce's TM Dispute
Intellectual property firm LegalForce RAPC Worldwide PC has taken its trademark battle with a Japanese company over the brand "LegalForce" to the Ninth Circuit, arguing in its appeal that a federal statute dictates that infringement can occur through equity sales to investors.
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March 14, 2024
Drug Wholesalers Want Preliminary OK On $265M Sandoz Deal
A group of direct purchasers of generic drugs has asked a Pennsylvania federal court for approval of a $265 million settlement with Swiss drugmaker Sandoz over allegations of federal antitrust violations.
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March 14, 2024
Italy Fines TikTok €10M For Harmful Content
Italy's antitrust authority fined TikTok €10 million ($11 million) on Thursday for failing to protect children from potentially dangerous content on the platform.
Expert Analysis
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Key Elements Of The Proposed Credit Card Competition Act
Attorneys at Troutman Pepper examine the most noteworthy provisions in the recently proposed Credit Card Competition Act, including changes to payment card network access, Federal Reserve Board review, who would qualify as a covered institution, and routing restrictions.
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Opinion
Address The Data Monopoly, Otherwise Tech Giants Control AI
It is likely that we will experience a severe monopoly on artificial intelligence systems and patents by the largest players in the tech industry, so the way we treat data needs to change, whether through the legislature, the courts or tech companies, says Pranav Katti at Barclay Damon.
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Info Exchanges Must Stay Inside Now-Invisible Antitrust Lines
While the antitrust agencies recently withdrew long-standing enforcement policy statements for being "overly permissive" on information exchanges, we should not assume that all information exchanges are inherently suspect — they are still permissible if carefully constructed and vigorously managed, say attorneys at Nelson Mullins.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Amgen-Horizon Deal May Signal FTC's Return To Bargaining
The Federal Trade Commission's recent settlement of its challenge to Amgen's proposed acquisition of Horizon Therapeutics marks the latest in a string of midlitigation settlements, and may signal that competition regulators are more inclined toward such negotiations following recent litigation losses, say attorneys at Freshfields.
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EU Antitrust Rules Set To Pose Challenges To US Businesses
With stark differences between U.S. and European Union antitrust regimes, and potential for the forthcoming EU guidelines to turbocharge the commission's appetite for intervention, it is important that U.S. businesses with activities in the region take note of the reforms, say Andrea Pomana and Sarah Wilks at Mayer Brown.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Behind The Economics Of The DOJ's Case Against Google
Ahead of the U.S. v. Google search monopolization case set for trial in D.C. federal court Tuesday, economist Tessie LiJu Su discusses bundling, exclusive dealing, and the allegations of anti-competitive practices against the technology giant.
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2 High Court Cases Could Upend Administrative Law Bedrock
Next term, the U.S. Supreme Court will be deciding two cases likely to change the nature and shape of agency-facing litigation in perpetuity, and while one will clarify or overturn Chevron, far more is at stake in the other, say Dan Wolff and Henry Leung at Crowell & Moring.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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HHS Neuromonitoring Advisory May Have Broad Relevance
The Health Department Office of Inspector General's recent advisory opinion rejecting a neuromonitoring service's proposal for a shell arrangement isn't surprising, but it could be a harbinger of more warnings against problematic joint venture arrangements to come, says Mary Kohler at Kohler Health Law.
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Merger Proposals Reflect Agency Leaders' Antitrust Principles
Attorneys at Covington trace the recently proposed Hart-Scott-Rodino and merger guidelines changes to certain foundational concerns of the Federal Trade Commission and U.S. Department of Justice Antitrust Division leadership, including issues related to concentration associated with horizontal and vertical mergers.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Challenging Standing In Antitrust Classes: The Uninjured
In virtually every antitrust class action, parties at the certification phase disagree about whether the proposed class includes uninjured members, but the goals of Rule 23 and judicial economy are best served by synthesizing two distinct approaches circuit courts take on this issue, say Michael Hamburger and Holly Tao at White & Case.