Competition

  • July 27, 2021

    UK Antitrust Watchdog Clears IHS Markit, CME Joint Venture

    The Competitions and Markets Authority said on Tuesday that it has cleared a proposed joint venture between the after-trade service subsidiaries of financial information provider IHS Markit Ltd. and CME Group, a derivatives exchange.

  • July 26, 2021

    Takeda Beats Antitrust Claims In Heartburn Drug Patent Fight

    A New Jersey federal judge on Monday tossed generic-drug maker Zydus Pharmaceuticals Inc.'s antitrust counterclaims accusing Takeda Pharmaceutical Co. Ltd. of filing sham patent litigation to delay competition for heartburn medication Prevacid, ruling there was no showing Takeda didn't have legitimate infringement concerns.

  • July 26, 2021

    'High Hemp' CBD Seller Sues Rival Over 'Hemp High' Branding

    A Florida company that sells CBD products under the brand name High Hemp has sued a competitor in Texas federal court for willful trademark infringement, claiming its use of the name Hemp High is intentionally similar and is meant to create consumer confusion.

  • July 26, 2021

    Pfizer, Mylan Beat EpiPen Antitrust Suit, For Now

    A Kansas federal judge on Monday tossed a lawsuit alleging Mylan Pharmaceuticals and Pfizer Inc. inflated the price of emergency allergy medication EpiPen, saying the pharmacy operator behind the suit doesn't have standing to sue and hasn't shown it's a direct buyer, but he'll allow the operator to redo its claims.

  • July 26, 2021

    Hotel Chains, Guests End Advertising Antitrust Dispute

    Hotel giants including Hyatt, Hilton and Marriott said Monday they have reached a deal with three guests to end their lawsuit accusing them of colluding in an anti-competitive agreement to not advertise against one another via Google and other search engines.

  • July 26, 2021

    Zinc Buyers Nab $9.85M In Price-Fixing Antitrust Row

    A group of zinc buyers has struck a $9.85 million deal with commodities giant Glencore PLC in an antitrust class action, marking what could be the end of over seven years of litigation.

  • July 26, 2021

    SmileDirect Tells 9th Circ. Dental Board Fears Shakeup

    SmileDirectClub LLC told a Ninth Circuit panel during oral arguments Monday that the company is being harassed by members of California's dental board because its business model poses an existential threat to traditional dentistry.

  • July 26, 2021

    PBM Group Asks 8th Circ. To Revive ND Preemption Row

    The lobbying group for the industry that negotiates with pharmacies on health insurers' behalf has urged the Eighth Circuit to revive its since-vacated decision to strike down a North Dakota law regulating this sector.

  • July 26, 2021

    Perdue Inks Deal To Secure Exit From Chicken Price-Fix Suit

    Perdue Farms has quietly settled one of many suits accusing the poultry giant of participating in a cartel of rivals that colluded to keep the price of chicken high, according to documents filed in an Oklahoma federal court.

  • July 26, 2021

    Price-Fix 'Common Thread' Links Glenmark To Teva, DOJ Says

    Glenmark cannot sever the criminal price-fixing case against it from the allegations brought against fellow generic drugmaker Teva, the U.S. Department of Justice told a Pennsylvania federal judge Friday, arguing that Glenmark's bid for separate proceedings ignores significant overlap in the charges against the companies.

  • July 26, 2021

    Attys Get Half In $2.5M Xcel's Natural Gas Price-Fix Settlement

    The plaintiffs' legal team in a yearslong class action suit accusing Xcel Energy Inc. of fixing natural gas prices will get about half of a $2.5 million settlement in fees and costs under an order approved in Colorado federal court.

  • July 26, 2021

    Buchalter Adds 2 Attorneys To Orange County Office

    Buchalter PC has hired two attorneys to work in its litigation and corporate practice groups in its Orange County, California, office.

  • July 26, 2021

    Discovery Violations Net Sanctions In Incense Biz TM Suit

    A Georgia federal judge permanently barred air freshener companies from using marks claimed by a competitor, a ruling handed down as a sanction for what the court found were intentional and repeated discovery violations.

  • July 26, 2021

    Visa, Mastercard Lose Bid To Appeal On Swipe Fee Defense

    A tribunal has refused to grant Visa and Mastercard permission to appeal decisions that prospective damages resulting from a Supreme Court decision should be limited because retailers would have faced higher costs regardless of whether they had breached competition rules.

  • July 26, 2021

    Where Have All The Associates Gone?

    Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.

  • July 26, 2021

    The Law360 400: Tracking The Largest US Law Firms

    As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.

  • July 26, 2021

    Aon, Willis Pull Plug On $30B Merger Plan After DOJ Probe

    Insurance brokers Aon PLC and Willis Towers Watson said on Monday that they will withdraw from a $30 billion mega-merger in the face of the U.S. Department of Justice's antitrust challenge to the transaction.

  • July 23, 2021

    FTC Given Extra Time To File Amended Facebook Complaint

    A D.C. federal court granted the Federal Trade Commission three additional weeks to file its amended monopoly complaint against Facebook Inc., following an FTC extension bid that was not opposed by the social media giant.

  • July 23, 2021

    Air Taxi Startup Beats 'Catastrophic' IP Injunction

    An air taxi startup avoided a "potentially catastrophic" blow to its $3.8 billion deal with a special purpose acquisition company after a California federal judge refused to grant an injunction in its intellectual property battle with a Boeing-backed rival.

  • July 23, 2021

    BCBS Calls Providers' Antitrust Damage Claims 'Speculative'

    Health care providers suing Blue Cross in a massive antitrust case cannot justify billions in damages because they are relying on a merely speculative "snowball" effect of conduct stretching back decades, the insurance giant told an Alabama federal judge Friday.

  • July 23, 2021

    Amazon Seller Pleads Guilty To DVD Price-Fixing

    The U.S. Department of Justice said Friday that a Tennessee man has pled guilty to criminal charges for agreeing with others to fix the prices of DVDs and Blu-ray Discs sold through Amazon's third-party marketplace.

  • July 23, 2021

    FIFA, US Soccer To Face Appeal In Promoter's Antitrust Suit

    A sports promoter said Friday it will appeal a ruling dismissing most of its suit accusing FIFA and U.S. Soccer of conspiring to boycott leagues, clubs and players who participate in unsanctioned matches.

  • July 23, 2021

    Drag Racing Co. Ends IP Suit Over Fuel Injectors

    A drag racing enthusiast dropped a patent infringement suit against a Brazilian auto parts supplier he accused of stealing his design for high-performance fuel injectors that he says set speed records worldwide.

  • July 23, 2021

    Judge Demands Specifics From La., SC In Texas' Google Case

    The Texas federal judge overseeing the Lone Star State-led monopolization case against Google on Friday ordered Louisiana and South Carolina to provide specifics about the allegations they plan to pursue before he decides whether to allow them to intervene.

  • July 23, 2021

    UK Watchdog Probing Electric Vehicle Charging Contracts

    The U.K.'s Competition and Markets Authority is investigating a group of electric vehicle charge point contracts that it believes may be stifling competition in that emerging sector.

Expert Analysis

  • New FTC Mergers Approach Raises Risks For Buyers, Sellers

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    In rescinding a 1995 policy statement last week, the Federal Trade Commission likely seeks to more regularly impose "prior approval" obligations for future transactions in its merger cases, which changes the risk profile for buyers and sellers negotiating antitrust provisions in deal agreements, say Jon Dubrow and Noah Feldman Greene at McDermott.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Data Trends To Watch In M&A And Competition Investigations

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    With an uptick in mergers and acquisitions and dramatic shifts in the data landscape, practitioners need to understand the myriad emerging trends affecting regulatory oversight, second requests, merger clearance and competition investigations, and avoid data-related problems that might derail deals, say Andrea Levine and Tim Anderson at FTI Consulting.

  • What Food Industry Can Expect After Biden Antitrust Order

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    President Joe Biden's recent executive order will bring an increased focus on competition law from four federal agencies, so food and agriculture companies should anticipate and incorporate changes in their standard operating procedures with respect to antitrust policy and compliance, say attorneys at Faegre Drinker.

  • Recent SPAC Settlement Signals SEC Enforcement Wave

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    The U.S. Securities and Exchange Commission's recent settlement with special purpose acquisition company Stable Road — and its sponsor, CEO and proposed merger target — over false representations to investors illustrates the agency's heightened focus on policing SPAC transactions and should prompt participants to ensure adequate due diligence, say attorneys at Pillsbury.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Biden Competition Order May Shift Ocean Carriers' Course

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    President Joe Biden's recent executive order on promoting competition in the American economy has the potential to reshape the shipping business and could mark the beginning of a significant move to increase regulation against unfair, unreasonable and anti-competitive practices by ocean carriers, say attorneys at K&L Gates.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Opinion

    FTC Should Take Nuanced Approach On Noncompete Regs

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    In response to President Joe Biden’s recent executive order encouraging the Federal Trade Commission to regulate employer noncompete agreements, the agency should approach potential rulemaking with restraint by focusing on fair and transparent use of such agreements, says Russell Beck at Beck Reed.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • What Cartel Enforcement Under Biden's DOJ Might Look Like

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    While President Joe Biden did not mention cartel enforcement in his recent competition executive order and has yet to appoint a new leader for the U.S. Department of Justice's Antitrust Division, policies from previous administrations may provide insight on where enforcement initiatives are headed, say attorneys at Hunton.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

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