Competition

  • September 26, 2022

    Pandora Says Lewis Black, Agency Part Of Antitrust 'Cartel'

    Pandora Media LLC, facing comedians' copyright infringement claims, on Monday hit back at irascible comic Lewis Black and licensing agency Spoken Giants LLC with antitrust counterclaims, saying they are part of a "cartel" seeking to monopolize the licensing of comedians' recorded performances.

  • September 26, 2022

    Booz Allen Says DOJ Way Off Base On Antitrust Allegations

    The U.S. Department of Justice "has not come close" to establishing that Booz Allen Hamilton's planned $440 million merger with EverWatch violates antitrust law, the companies said in a joint brief prompted by a preliminary injunction hearing earlier this month. 

  • September 26, 2022

    Chamber Seeks Early Win Over SEC In Proxy Rules Dispute

    Business groups including the U.S. Chamber of Commerce asked a federal judge to grant them an early win in their bid to undo the U.S. Securities and Exchange Commission's partial rollback of Trump-era proxy voting rules, claiming the agency's hastiness violated federal law.

  • September 26, 2022

    Jiffy Lube Fights Bid To Substitute No-Poach Plaintiff

    Jiffy Lube called for a Pennsylvania federal court to deny a bid from a former employee to intervene in a case over the service center's past use of no-poach provisions in its franchise agreements, claiming that the employee's attempt to sue was "too little, too late."

  • September 26, 2022

    Security Co. Can't Dodge Rival's Trade Secrets Suit

    A North Carolina federal judge won't toss a security services company's trade secrets suit against a competitor over the employment of a former executive, ruling Tuesday that it is too early to tell whether a restrictive covenant at issue is enforceable in the state.

  • September 26, 2022

    New USDA Rules Aim To Boost Meatpacking Competition

    The White House announced two new efforts from the U.S. Department of Agriculture on Monday that aim to encourage competition in the meat and poultry industry, as well as protect farmers from prejudice and retaliatory practices.

  • September 26, 2022

    Caterpillar Facing Antitrust Case, While Komatsu Escapes

    A Delaware federal court on Monday refused to let construction equipment giant Caterpillar Inc. escape claims that it pressured an online auctioneer to break its contract with a would-be competitor, but said there was no evidence tying Komatsu America Corp. to the alleged scheme.

  • September 26, 2022

    DaVita Can't Dodge No-Poach Claims, Ill. Judge Says

    An Illinois federal judge ruled Monday that DaVita and other health care providers can't dodge claims that they instituted no-poach agreements with competitors to suppress employees' wages, but dismissed UnitedHealth Group from the litigation after finding that there was no allegation that the company was involved in the antitrust agreements.

  • September 26, 2022

    Delta Exec Ordered To Testify At Rivals' Antitrust Trial

    Federal prosecutors can enforce a subpoena to compel a Delta Air Lines executive to testify at a bench trial set to start this week in a suit that alleges a partnership between two rival airlines is quashing competition in the transportation industry.

  • September 26, 2022

    Two Funds Seek Invidior Antitrust Docs In Securities Case

    Two municipal retirement funds asked a Pennsylvania federal court for permission to intervene in a case accusing pharmaceutical firm Indivior PLC of monopolizing the market for the opioid addiction treatment suboxone so that the funds can obtain material for use in a securities case over the alleged conduct.

  • September 26, 2022

    Meta Pushes FTC Bias Defense In VR Merger Case

    Meta Platforms Inc. has shot back against a bid by the Federal Trade Commission to cut some of its defenses against the agency's challenge of a virtual reality fitness app acquisition, contending they are necessary to show that bias displayed by the commission's chair taints the entire proceedings.

  • September 26, 2022

    BNSF Railway's GC To Take Over From Retiring Legal Chief

    BNSF Railway Co. has announced it is promoting Jill Mulligan to executive vice president and chief legal officer effective Jan. 1, when CLO Roger Nober retires after 16 years in the job.

  • September 26, 2022

    Biotech Firm Says Competitor Spread Lies About Gender Test

    An Ohio biotechnology firm on Monday accused its competitor in a lawsuit of scaring away potential customers by spreading lies about a product that predicts the sex of a baby as early as seven weeks into pregnancy.

  • September 23, 2022

    VPX Can't Present Favorable Monster Survey To False Ad Jury

    A California federal judge denied a last-ditch effort Friday by Vital Pharmaceuticals Inc. to present survey information during closing arguments in a trial over Monster Energy Co.'s allegations that Vital engaged in false advertising, saying that while his pretrial ruling on the issue could have been clearer, the information is still inadmissible.

  • September 23, 2022

    Lockheed, Airbus Tell 4th Circ. Satellite Deal Not Commercial

    Lockheed Martin and Airbus have urged the Fourth Circuit to ignore a broker's argument that a recent shipwreck salvage ruling supports its ability to pursue claims over a $3.1 billion South Korean military satellite deal, saying that salvage dispute isn't relevant.

  • September 23, 2022

    Group Backs Swisher High Court Bid Over Revived Verdict

    The Washington Legal Foundation has thrown its support behind tobacco company Swisher as it petitions the U.S. Supreme Court to take up a case being brought by a rival, arguing that the Ninth Circuit lacked jurisdiction to revive a $9 million jury verdict.

  • September 23, 2022

    Cable Group Wants Binding Conditions On $8.6B Tegna Deal

    The cable industry's largest trade group has urged the Federal Communications Commission to put binding conditions on a pending approval of broadcast company Tegna's $8.6 billion plan to go private, insisting that the stipulations will ensure the company doesn't get unfair leverage during retransmission consent talks.

  • September 23, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen investors in a Disney film financing scheme look for a fairytale ending against HSBC, a scuppered Forex company sue a card payments provider in a breach of contract claim, and Boots Opticians eye up a commercial contracts claim against NHS England. Here, Law360 looks at these and other new claims in the U.K.

  • September 23, 2022

    MVP: Simpson Thacher's John Terzaken

    John Terzaken of Simpson Thacher & Bartlett LLP helped score dismissals in an antitrust case for Deutsche Bank involving complex financial instruments and for Micron in a price-fixing case over memory chips, earning him a spot among Law360's 2022 Competition MVPs.

  • September 23, 2022

    FTC's Noah Phillips Reflects On Tenure At Changing Agency

    Commissioner Noah Joshua Phillips will soon leave the Federal Trade Commission, having declared his plans to depart sometime this fall and capping off four-and-a-half years at the agency under Trump-era Chairman Joseph Simons, acting Chairwoman Rebecca Kelly Slaughter and now Chair Lina Khan.

  • September 23, 2022

    Delaware Court Refuses To Block Sugar Deal

    A Delaware federal judge on Friday refused to block U.S. Sugar Corp.'s $315 million acquisition of Imperial Sugar, rejecting a merger challenge from the U.S. Department of Justice over concerns about the supply of refined sugar in the Southeast.

  • September 22, 2022

    Monster Losses Not $272M Bang But Whimper, Jury Told

    A damages expert hired by Vital Pharmaceutical Inc. encouraged a California federal jury Thursday to disregard an estimate by Monster Energy Co.'s expert that it lost $272 million in profits from Vital's false advertising of "super creatine" in its Bang energy drink, saying it's based on "unreliable" evidence.

  • September 22, 2022

    FTC Won't Let Amazon, Execs Out Of Widened Prime Probe

    The Federal Trade Commission has largely refused to scrap what Amazon has deemed to be "unreasonable" demands in the commission's probe into Prime enrollment and cancellation policies or to excuse its founder Jeff Bezos and CEO Andy Jassy from testifying. 

  • September 22, 2022

    Miami Dealer Seeks $300M Against Porsche in Coercion Suit

    A Miami luxury car dealership on Thursday sued German automaker Porsche for $300 million, accusing it of using strong-arm tactics by withholding inventory over a disagreement to build a new facility in another part of the city.

  • September 22, 2022

    Breaking Down The DOJ's American-JetBlue Antitrust Trial

    American Airlines and JetBlue's highly anticipated showdown with the Biden administration in an upcoming antitrust trial stands to affect how intensely competition enforcers scrutinize future airline combinations, code-share agreements and joint ventures. Here, Law360 takes a closer look at the case.

Expert Analysis

  • Antitrust Suit Could Shake Up Schools' Financial Aid Policies

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    The eventual outcome of Henry v. Brown University, a civil antitrust suit brought against a group of elite private universities, could have major ramifications for how some of the most prestigious institutions of higher education in the U.S. allocate and award financial aid, say attorneys at Perkins Coie.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • Lessons From 3 Chancery Books And Records Decisions

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    Attorneys at Fried Frank discuss three recent Delaware Chancery Section 220 decisions, each of which amplifies stockholders' broad right to request corporate books and records, and offer important takeaways for practitioners concerning email, confidentiality and documentation.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Biden Order's New Lens Puts Foreign Transactions In Focus

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    President Joe Biden's landmark executive order on national security factors that will be considered by the Committee on Foreign Investment in the United States provides a new perspective for parties addressing questions and concerns on transactions, and reaffirms the role of CFIUS in national security, say attorneys at Simpson Thacher.

  • How New FCC Rule Will Improve Telecom Options For Tenants

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    A new Federal Communications Commission rule that takes effect Sept. 26 will give American tenants newfound access to competitive telecom services, promote consumer choice and help alleviate the anti-competitive effects of revenue sharing agreements, say John Reardon and Emily Edwards at Kutak Rock.

  • Anticipating Expansion Of FTC's Section 5 Antitrust Authority

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    The Federal Trade Commission is considering implementing rulemaking to clarify the conduct that it will consider an antitrust violation under Section 5, a move that could expand the agency's reach with consequential results for businesses and individuals, say attorneys at Duane Morris.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • Opinion

    Cannabis Legalization Must Address Monopoly Dangers

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    As lawmakers consider federal cannabis legalization, they must beware the potential dangers to public health and social equity posed by large marijuana conglomerates — and prioritize anti-monopoly principles, say Shaleen Title at Parabola Center for Law and Policy and Matt Stoller at the American Economic Liberties Project.

  • The Role Of Tweets, Memes, Emoji In Musk Securities Saga

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    Brad Foster at Haynes and Boone reviews securities law scenarios in the coming Twitter v. Musk litigation in Delaware and the class actions waiting in the wings, and explains how Elon Musk's tweets, memes and emoji might come into play.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • Physician Noncompetes May Get Federal Antitrust Treatment

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    While interpretation and enforcement of health care noncompete agreements have traditionally been viewed as state law matters, the agreements are increasingly facing scrutiny of their anticompetitive effects at a national level, say John Zen Jackson and Jessica Carroll at Greenbaum Rowe.

  • Biden Order Renews Spotlight On Advancement Of US Biotech

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    Last week's executive order on sustainability and innovation in biotechnology and biomanufacturing is a hopeful first step toward identifying areas of regulatory ambiguity and developing a coordinated portal for guidance, with multiple avenues for industry involvement in shaping future policy, say Jacqueline Berman and Kathleen Sanzo at Morgan Lewis.

  • Unpacking The Shift In DOJ Corporate Enforcement Policy

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    Attorneys at Paul Hastings provide takeaways for companies seeking to mitigate increased enforcement risks from the U.S. Department of Justice's recent corporate prosecution policy changes, including greater focus on individuals, requirements for cooperation credits, evaluations of prior misconduct, expectations for compliance programs and factors for determining whether to impose a monitor.

  • Keeping Up With New US Push On Strategic Tech Competition

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    Companies should consider potential exposure and proactively assess approaches to navigating geopolitical strategic competition as the U.S. government seeks to curb the flow of technologies significant to U.S. national security to competitors such as China and Russia, say attorneys at Gibson Dunn.

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