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Competition
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March 25, 2024
FTC Intervenes In Teva-Amneal Row To Push Patent Delisting
The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.
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March 25, 2024
Varsity Brands Says It Will Pay To Settle Cheer Antitrust Case
A Tennessee federal judge Monday rejected Varsity Brands' request for a one-week pause on an antitrust lawsuit brought by the parents of cheerleader athletes while the two sides hash out details of a settlement, arguing there are no impending deadlines making a stay necessary.
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March 25, 2024
Sunday Ticket Plaintiffs Rip NFL For 'Privileged' Name Games
The plaintiffs in the antitrust class action against the NFL over its Sunday Ticket broadcast package have accused the league of hiding behind a front-office executive, with an inaccurate job title, to claim that vital documents were privileged and did not need to be disclosed.
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March 25, 2024
Qualcomm Halts Plan To Buy Israeli Biz Under Regulatory Heat
The Federal Trade Commission is celebrating Qualcomm's decision to abandon its attempts at acquiring an Israeli company that makes chips that allow vehicle-to-vehicle communication after too much regulatory pushback.
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March 25, 2024
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.
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March 25, 2024
Google Faces Consolidated Trial Over Antitrust Claims
Google will face a consolidated megatrial combining two lawsuits over alleged anti-competitive violations involving its app store, with the Competition Appeal Tribunal ruling Monday that factual evidence in the two major trials can be heard together.
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March 25, 2024
Owens Corning Extends $3.9B Masonite Deal Review
Construction materials manufacturer Owens Corning has agreed to give antitrust enforcers more time to review a planned $3.9 billion deal to purchase door-maker Masonite International Corp.
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March 25, 2024
EU Says Lufthansa Deal Could Harm Air Transport Competition
Europe's antitrust authority said on Monday that Lufthansa's plan to buy a 41% stake in ITA Airways for €325 million ($352 million) could lead to higher prices and poorer service for passengers taking flights in and out of Italy.
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March 25, 2024
Tech Giants Face 1st Probe Under EU Digital Markets Rules
Alphabet, Apple and Meta are being investigated by the European Union over whether they comply with the Digital Markets Act, the first probes launched under regulations aimed at reining in the power of Big Tech, the bloc's executive arm said Monday.
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March 22, 2024
Meta Can't Stop FTC Privacy Tweaks, Feds Say
The Federal Trade Commission told the D.C. Circuit that Meta Platforms Inc. cannot nitpick the agency's structure to dodge in-house proceedings over proposed revisions to a $5 billion data privacy settlement between the commission and the social media giant.
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March 22, 2024
Cheerleading Giant Varsity Spirit Must Face Antitrust Suit
A Texas federal court has refused to toss a suit accusing Varsity Spirit of working with competitive cheerleading governance bodies to boycott potential rivals and maintain its dominance over the sport.
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March 22, 2024
Nexstar Faces $1.2M Fine For 'De Facto' Control Of NY Station
The Federal Communications Commission has floated a $1.2 million fine against TV giant Nexstar Media Group Inc. after discovering it obtained "de facto" control of a New York City station and exceeded the FCC's 39% national ownership cap.
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March 22, 2024
Google Can Arbitrate Collusion Claims While Apple Beats Suit
For the second time, a California federal judge has forced into arbitration antitrust claims brought by a Golden State crane operator training school accusing Google of paying off Apple to not develop its own search engine while dismissing the rest of the claims against both tech behemoths.
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March 22, 2024
Amazon, Apple Say Antitrust Attys Can't Ditch 'Fatal' Class Rep
Amazon and Apple say plaintiffs' counsel in a proposed antitrust suit should be stuck with their class representative, who apparently ghosted his attorneys, arguing the lawyers should have to live with a plaintiff whose purchasing habits undercut the suit's very premise.
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March 22, 2024
Google Loses New Trial Bid After Epic Games' Antitrust Win
A California federal judge denied Google LLC's bid for a new trial and teed up for a May hearing on a possible court-ordered injunction against the tech giant, following Epic Games' jury win on antitrust claims related to Google Play Store and Android apps.
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March 22, 2024
Flyers Say JetBlue-Spirit Deal Case Not Done, Push For Win
The private plaintiffs challenging the failed JetBlue-Spirit merger indicated they're not done despite the companies' abandonment of the deal, pushing a Massachusetts federal court to grant them a win on their antitrust claims.
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March 22, 2024
Home Sellers Hope $58M Compass Deal Helps Spur Others
Compass Inc. announced Friday that it would pay home sellers $57.5 million in the first settlement since the National Association of Realtors reached its own deal this month to pay $418 million and overhaul rules that have effectively restricted how brokers buy and sell homes and how they're paid.
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March 22, 2024
US Antitrust Enforcers Keep Big Tech Cases Coming
A backlash against powerful tech companies is reaching a fever pitch in the U.S., as enforcers with the U.S. Department of Justice and the Federal Trade Commission now have pending lawsuits accusing Apple, Amazon, Google and Meta of monopolizing key digital markets.
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March 22, 2024
Off The Bench: Ohtani Lawyers Up, UFC Settles, ACC Clash
MLB superstar Shohei Ohtani enlists a Hollywood boutique to advise him amid a still-unfolding sports betting scandal, UFC forks over $335 million to settle a wage class action and Clemson's bid to join a new conference spills into court. Catch up with the sports and betting stories that had Law360's readers talking with this week's Off The Bench.
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March 22, 2024
Commerce Lifts Block On Transnational Subsidy Probes
The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.
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March 22, 2024
US Greenlights Novartis' $2.9B MorphoSys Takeover
Germany's MorphoSys AG said Friday it has received U.S. antitrust clearance for the biopharmaceutical company's planned $2.9 billion sale to Swiss Pharma giant Novartis AG, a development that clears the final regulatory hurdle needed before closing the deal.
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March 22, 2024
UK Says £16.5B Vodafone-Three Deal May Hurt Consumers
Britain's antitrust authority said Friday that plans by Vodafone and Three to merge their U.K. telecommunications networks to create a £16.5 billion ($20.8 billion) mobile operator could lead to higher prices for consumers.
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March 21, 2024
Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases
An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.
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March 21, 2024
Nexstar Ducks Antitrust Suit Over Retransmission Fees
DirecTV says it refused to ink retransmission deals with two companies that were illegally collaborating with Nexstar Media Group Inc. to fix prices, resulting in massive channel blackouts and customer loss, but according to a New York federal judge, that refusal is why its antitrust claims fall flat.
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March 21, 2024
Colo. Distributor Seeks $2.3M Sanction For Stryker Spoilation
A Colorado medical device distributor urged a federal judge to make Stryker and its lawyers pay $2.3 million in attorney fees as sanctions for "pervasive misconduct" throughout discovery and trial, arguing discovery violations will otherwise become the "cost of doing business" for the medical technology giant.
Expert Analysis
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5 Ways To Leverage Recent DOJ 'Safe Harbor' M&A Policy
Companies can take a series of practical steps both before and after closing to gain maximum advantage from the recently announced U.S. Department of Justice merger and acquisition safe harbor policy and minimize enforcement risk, say Jonny Frank and Jeremy Hirsch at StoneTurn.
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Get Ready For Calif.'s Expanded Restrictive Covenant Ban
California recently passed the second of two new laws that together largely prohibit restrictive covenants, even for certain out-of-state employers — and since there's not much time before the statutes become effective, now is the time for companies to revisit how their confidential information will be protected, says Russell Beck at Beck Reed.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Avoiding Bribery, Corruption And Sanctions Risks In Int'l M&A
Given the evolving merger and acquisition landscape — as evidenced by the Justice Department’s recently announced safe harbor policy — acquirers conducting international transactions must build bribery, anti-corruption and sanctions risk considerations squarely into their due diligence processes, say Brian Markley and Jennifer Potts at Cahill Gordon.
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What To Watch As The FCC Leans Into National Security
Information and communications technology and services operators and investors should keep a close eye on the Federal Communications Commission's increasing activity in national security matters, which could slow transactions and subject providers to additional oversight, say David Plotinsky and Patricia Cave at Morgan Lewis.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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FTC, DOL Collab Marks New Labor Market Enforcement Era
The Federal Trade Commission and the U.S. Department of Labor’s recent agreement to share information and coordinate investigations, coupled with new premerger rules and merger guidelines, underscores the paradigm shift underway to use the full authority of administrative agencies for worker protection, say Jeetander Dulani and Bill Kearney at Stinson.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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Lessons For Biosimilar And Biologic Antitrust Litigation
Aaron Marks at Cohen Milstein considers emerging ways in which biosimilar markets differ from traditional small-molecule drug markets, and recommends how pharmaceutical antitrust litigators can account for these market dynamics in biosimilar-delay cases.
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How To Navigate The FTC's New Private Equity Frontier
The Federal Trade Commission's recent district court complaint against an anesthesia firm and its private equity partner tests key bounds of the agency's stand-alone authority, and defense strategies can include challenges to both the geographic and the service market fronts, say attorneys at Baker McKenzie.
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Hollywood Labor Negotiations Provide AI Road Map
Sigma Khan at Henein Hutchison uses the recent Hollywood labor strikes — one of the first instances of a mass entertainment industry legal conflict where concerns over artificial intelligence's intrusion into the workspace has become a crucial issue — to analyze how litigation, legislation and contracts can aid in a landscape transformation precipitated by AI.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.
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How Employers Can Navigate NLRB's Pro-Employee Shift
The National Labor Relations Board's recent decisions and general counsel memos mark the strong beginning of a trend toward greater pro-employee protections, so employers should proactively engage in risk management by revisiting their handbook policies accordingly, say attorneys at Foley & Lardner.