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Competition
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April 09, 2024
Apple To Appeal Funding OK For IPhone Users' £853M Claim
Apple has won permission to appeal a decision to let an £853 million ($1 billion) class action claim go ahead for allegations the tech giant concealed problems with iPhone batteries, despite challenges to the funding arrangements.
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April 08, 2024
Gamers Can't Block Microsoft From 'Dismantling' Activison
A California federal judge on Monday refused to block Microsoft from further integrating Activision Blizzard into its business after it acquired the gaming titan last year, saying the gamers who are still challenging the union between the companies have a similar motion pending before the Ninth Circuit.
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April 08, 2024
ACC Can Keep ESPN Deal Under Wraps In FSU Suit
A North Carolina Business Court judge has allowed the Atlantic Coast Conference to file some contract terms under seal in its fight over whether Florida State University can leave the conference without facing a hefty fine, reasoning that such terms have been considered sealable trade secrets by state courts.
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April 08, 2024
FTC's Slaughter Defends International Cooperation
Several federal agency leaders said Monday they are working across the government to help boost competition, as Federal Trade Commissioner Rebecca Kelly Slaughter touted the importance of cooperation on competition issues at home and abroad.
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April 08, 2024
La. Drug Caps Conflict With Federal Law, AbbVie Says
Drugmaker AbbVie is asking a Louisiana federal judge to grant its summary judgment motion and block new state-level pharmaceutical caps for the federal 340B drug discount program, calling the state's competing summary judgment motion arguments "legally and factually wrong."
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April 08, 2024
Consumers Fight Amazon's E-Book Appeal Ask
Amazon shouldn't get to go to the Second Circuit after a federal judge refused to toss a proposed class action accusing the e-commerce giant of monopolizing the e-book market, according to consumers who have urged that judge not to seek another opinion on whether they lack standing.
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April 08, 2024
Judge Urged To Reject UnitedHealth's Antitrust Deal Qualms
Patients who cut a $55 million antitrust settlement with NorthShore University HealthSystem are urging an Illinois federal court to reject objections by United Healthcare Services, arguing that the insurer has no standing to derail the deal and that its challenge to the agreement could dilute their recovery.
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April 08, 2024
PE Firm Calls FTC's Antitrust Claims 'Many Yesterdays' Old
A Texas anesthesiology company and the private equity firm that created it told a Houston federal judge Monday that the Federal Trade Commission has gone back "many yesterdays ago" in making its antitrust case, arguing that there's no imminent threat of a monopoly in an attempt to get the case dismissed.
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April 08, 2024
Farmers Want USDA Barred From 'Discriminatory' Aid Choices
A group of Texas farmers asked a federal judge to bar the U.S. Department of Agriculture from prioritizing minority groups as a part of a distribution scheme for the agency's disaster assistance and pandemic relief programs, saying the programs continue to cause harm to them and the public.
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April 08, 2024
Hormel Settling Pork Price-Fixing Claims For Over $11M
Three plaintiff classes in the ongoing pork price-fixing litigation against Hormel Foods have reached preliminary settlements worth over $11 million with the company and are now asking the Minnesota federal judge overseeing the case to grant them initial approval.
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April 08, 2024
Atlantic City Hotels Say Gov't Backing Can't Save Pricing Suit
Atlantic City casino-hotels continue to push a New Jersey federal judge to toss room rate price-fixing allegations they say get no help from a U.S. Department of Justice and Federal Trade Commission intervening brief that argued algorithmic collusion is just as liable under antitrust law.
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April 08, 2024
FTC Defends In-House Judges' Role In H&R Block Case
H&R Block wrongly claimed that the Federal Trade Commission's administrative law judges should be disqualified from overseeing an administrative proceeding accusing the tax preparation company of deceptive advertising, FTC lawyers told the agency, arguing the judges don't have illegal job protections.
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April 08, 2024
Jackson Hewitt Preparers Want First OK On $10.8M Deal
Former Jackson Hewitt Inc. workers have reached a $10.8 million settlement with their former employer over claims the company's franchisees entered into an anti-competitive no-poach agreement despite the provision being removed from the company's franchise agreements, according to a Friday motion.
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April 08, 2024
Schumer Seeks More Data, Details About Capital One Deal
Senate Majority Leader Chuck Schumer said Monday that he has requested more information about Capital One and Discover Financial Services' planned $35.3 billion merger, including data on the interest rates they charge and details about any potential layoffs that could stem from the deal.
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April 08, 2024
Honigman Hires Polsinelli Antitrust Pro As Practice Co-Leader
Honigman LLP has hired a 10-year veteran of Polsinelli PC, who joins the firm's Washington, D.C., office to help co-lead its antitrust and trade regulation practice, Honigman announced Monday.
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April 08, 2024
Key Congressional Leaders Float Sweeping Data Privacy Bill
The heads of the U.S. Senate and House commerce committees have taken a major step toward enacting a comprehensive federal consumer data privacy framework, reaching a long-awaited deal on proposed legislation that would minimize the personal data companies can gather, allow consumers to bring lawsuits and eliminate a growing patchwork of state laws.
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April 05, 2024
Target, Major Employers Raise New Drug Price-Fixing Claims
Target Corp., Lowe's Cos. Inc. and American Airlines Inc. are among major employers that lodged new price-fixing claims in Pennsylvania federal court against dozens of pharmaceutical companies, accusing them of orchestrating illegal agreements to allocate customers and markets and fix the prices of hundreds of generic drugs for more than a decade.
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April 05, 2024
COVID App Takes Another Shot At Apple With Justices
App developers are again seeking U.S. Supreme Court intervention against the Ninth Circuit's refusal to revive antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, decrying "fundamental error" lower courts made misreading pleading requirements, proffered market definition and more.
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April 05, 2024
Top 3 Groups Lobbying The FCC
The Federal Communications Commission heard from policy advocates more than 200 times in March, as the agency fielded concerns on net neutrality rules, bulk billing for internet service, broadband deployment, school connectivity and more.
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April 05, 2024
Where Will 10 Private IPhone Suits Call Home, Calif. or NJ?
Two different groups of consumers are pushing competing visions for where they want to pursue claims that Apple tried to lock in iPhone users, with one case first filed in California seeking transfer to New Jersey while a second group sought consolidation of all private lawsuits in the Golden State.
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April 05, 2024
Meta Looks To Nix FTC's Antitrust Case Over Acquisitions
Meta Platforms urged a D.C. federal court on Friday to toss the Federal Trade Commission's antitrust case against it, saying the agency has found no evidence showing its acquisitions of Instagram and WhatsApp hurt competition or consumers.
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April 05, 2024
Neb. Beef Seller Says No Proof It Joined Wage-Fixing Scheme
A Colorado federal judge gave a Nebraska beef wholesaler another chance to petition for dismissal from a class action accusing it of participating in a meat industry wage-fixing scheme, after the company filed a motion that didn't follow the court's page limit.
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April 05, 2024
DC Circ. Says DOJ Can Reopen Realtor Antitrust Probe
The D.C. Circuit said on Friday that the U.S. Department of Justice can reopen an antitrust investigation into the National Association of Realtors, despite an earlier agency settlement over the association's rules.
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April 05, 2024
Monopolies Will Raise Prices Under Minimum Tax, Expert Says
The 15% global minimum tax will worsen the problems that monopolistic companies impose on economies because raising taxes on a company that lacks competition will lead it to raise prices, an academic expert on tax havens said Friday during a conference.
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April 05, 2024
Microsoft, Others Can Weigh In On Epic, Apple App Store Row
A California federal judge allowed Microsoft, X Corp., Meta Platforms, Spotify and other major app developers to file amicus briefs in Epic Games' effort to convince the court that Apple is not complying with an order barring it from using anti-steering rules in its App Store.
Expert Analysis
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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.
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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.
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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.
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Volume-Based Transaction Pricing Proposal Raises Questions
A rule recently proposed by the U.S. Securities and Exchange Commission, which would prohibit securities exchanges from offering volume-based transaction pricing for agency or riskless principal orders in certain stocks, is meant to address competitive concerns — but there are reasons to question the logic behind this proposal, say attorneys at Sidley.
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NCAA Proposal Points To A New NIL Compensation Frontier
Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.
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Fed's New Swipe At Debit Fees Stirs Up Dilemma For Banks
The Federal Reserve's proposal to reduce the cap on debit card interchange fees charged or received by card issuers and payment networks comes as other bank account fees are taking regulatory hits, which could all culminate in an overall decline in access to banking products and services, says Kristen Larson at Ballard Spahr.
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Behind Antitrust Enforcers' 2023 Labor And Employment Push
This year, the U.S. Department of Justice and Federal Trade Commission stepped up their already-considerable efforts to expand antitrust enforcement to labor and employment, a trend that is likely to continue into next year, say Benjamin Dryden and Richard Flannery at Foley & Lardner.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Exploring Middle-Market M&A Trends In 2023 And Beyond
Middle-market merger and acquisition activity this year was affected by a number of economic, legal and regulatory shifts, with certain trends pointing to favorable transaction conditions in 2024, say Jason Brauser and William Goodling at Stoel Rives.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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Parsing 2023's Energy Markets Enforcement
A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.
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Hoopers In NCAA Suit Respark Eligibility Framework Debate
A decision by two brothers involved in a recent antitrust lawsuit against the NCAA — to play college basketball rather than go professional after graduating from the Overtime Elite league — has aimed the spotlight on what exactly the NCAA deems permissible compensation under its current framework, say Brady Foster and Dan Lust at Moritt Hock.
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Lessons From DOJ's Wave Of Labor Market Prosecutions
Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.