Competition

  • June 23, 2022

    Under Armour Wants Proof Antitrust Litigant Is A Competitor

    Athletic clothing maker Under Armour told a Pennsylvania federal court that a company suing it over alleged anti-competitive behavior in the bioceramic "recovery enhancing" apparel market must produce evidence that the plaintiff actually makes the clothing in question, not just one component of the fabric.

  • June 23, 2022

    Unions Call On FCC To Stop Tegna Go-Private Deal

    Two broadcast industry unions want the Federal Communications Commission to reject Tegna's plan to go private in an $8.6 billion deal with hedge fund Standard General, saying the consolidation of TV stations would harm consumers and workers.

  • June 23, 2022

    Lawmakers Warn DOJ Of Brewing Baby Formula-PE Deal

    A quartet of liberal lawmakers are pressing the U.S. Department of Justice to be ready to challenge a potential sale of Reckitt Benckiser Group PLC's Enfamil infant formula business and indicated that they are particularly incensed the prospective buyer is a private equity firm.

  • June 23, 2022

    Traders' 4th Bite At 'Meme Stock' Apple Still Rotten, Apex Says

    "Meme stock" investors have once again failed to show that broker-dealer Apex Clearing Corp. caused their trading losses and failed in its duty to them, the firm told a Florida federal court in a bid to dismiss the traders' fourth complaint.

  • June 23, 2022

    Ugg Maker Sues Tommy Hilfiger In Fluffy Footwear Fight

    Tommy Hilfiger Retail LLC was sued Wednesday by the maker of Ugg boots claiming the preppy American brand is infringing upon its "Fluff Yeah" fluffy slipper trademark and patent.

  • June 23, 2022

    FTC Orders Harley-Davidson, Westinghouse Warranty Fixes

    The Federal Trade Commission has ordered Harley-Davidson and a Westinghouse generator manufacturer to make changes to their product warranties after the agency said they illegally restricted the rights of their customers to repair their products.

  • June 23, 2022

    Ryanair Loses EU COVID State Aid Airline Challenge

    The European Commission didn't violate state aid rules when it cleared Finnish state funding for the country's main airline during the first COVID-19 lockdown, despite not conducting a formal investigation, a European court has ruled, rejecting a challenge from Ryanair.

  • June 23, 2022

    ECJ Rules Cutoff For Cartel Suits Not Retroactive

    Reforms creating a presumption that cartels harm buyers and extending the deadline to sue for damages are substantive changes that cannot be applied to price-fixing plots that took place before rules were introduced in 2014, the European Union's highest court said Wednesday.

  • June 22, 2022

    Texas Judge Tells Exec In Trade Secret Case To Stop Working

    A Texas state judge has ordered an executive at an oilfield pump and valve distributor to stop working for his latest company in light of allegations he sold off his last business for $170 million and then took its trade secrets and several employees with him to a competing outfit.

  • June 22, 2022

    DOJ Fights Bid To Duck Pandemic Wage-Fixing Charges

    The U.S. Department of Justice is contesting a dismissal bid by operators of four Maine home health care agencies who were indicted on allegations that they conspired to fix pay rates in order to avoid competing with each other for workers during the pandemic.

  • June 22, 2022

    T-Mobile, Dish Cut Deal Over Network Shutdown Feud

    T-Mobile and Dish announced tweaks Tuesday to Dish's use of T-Mobile's wireless network, ending a squabble over the shutdown of legacy networks tracing to when Dish picked up Sprint's prepaid business as part of a settlement with federal regulators clearing T-Mobile's purchase of Sprint.

  • June 22, 2022

    Pharmacies' Surescripts Antitrust Case Survives Dismissal

    An Illinois federal court has said pharmacies may move forward with their revamped suit accusing Surescripts of monopolizing the e-prescribing market through the use of restrictive loyalty payments and deals with other industry players including Allscripts.

  • June 22, 2022

    2nd Circ. Got High Court Order Right, Chinese Exporters Say

    A pair of Chinese vitamin C exporters urged the U.S. Supreme Court on Tuesday not to take up a price-fixing case against them for a second time, arguing the Second Circuit correctly followed the high court's first crack at the case when it again tossed the suit.

  • June 22, 2022

    K&L Gates Adds Antitrust Pro From Linklaters In Brussels

    K&L Gates LLP has hired Nikolaos Peristerakis from Linklaters for its antitrust practice in Brussels, where he plans to focus on helping the firm build out its competition offerings in the European Union.

  • June 22, 2022

    Thyssenkrupp, Tata Lose Challenge To EU Veto Over Merger

    Thyssenkrupp and Tata Steel have lost their challenge to a European Union antitrust veto of their proposed joint venture, as the bloc's court on Wednesday backed the assessment that the move would harm competition for steel products in the automotive industry.

  • June 21, 2022

    Fed. Circ. Reverses Initial Panel To Find Gilenya IP Invalid

    The Federal Circuit held Tuesday that Novartis' patent covering its multibillion-dollar multiple sclerosis drug Gilenya isn't valid after all, reversing an earlier panel that found in favor of the Swiss drugmaking giant.

  • June 21, 2022

    Google Drops Challenge To France's €500M Publishing Fine

    Google has agreed to withdraw its appeal of a €500 million ($525 million) fine from France's antitrust watchdog for breaching injunctions and unfairly negotiating with the country's news publishers, according to an announcement Tuesday.

  • June 21, 2022

    5th Circ. Unpublishes Patent Pool Order, With Same Result

    After withdrawing its finding that an auto parts supplier lacked standing to bring antitrust claims against Nokia and other cellular IP owners, the Fifth Circuit on Tuesday simply affirmed a lower court ruling tossing Continental AG's suit for trying to conflate a contract dispute into a competition law violation.

  • June 21, 2022

    Uber, Lyft Drivers Want Court To Block Alleged Price-Fixing

    Uber and Lyft drivers hit the ride-hailing giants with a first-of-its-kind proposed class action Tuesday claiming that the companies have been price-fixing ride fares, an alleged practice that means drivers made less than they would have otherwise for their work, according to the suit.

  • June 21, 2022

    Board Says Norfolk Southern Not Immune From CSX Suit

    The U.S. Surface Transportation Board has found that Norfolk Southern Railway Co. was never authorized to control a small railroad it co-owns with CSX Transportation Inc., meaning that it is not immune from a federal lawsuit alleging that it effectively blocks CSX from using the tracks.

  • June 21, 2022

    FTC Probing NYSE Owner's $16B Deal For Black Knight

    The Federal Trade Commission has extended its review of Intercontinental Exchange Inc.'s planned $16 billion purchase of Black Knight Inc., a provider of data and analytics for the housing finance industry.

  • June 21, 2022

    Hogan Lovells Silicon Valley Leader Jumps To Cleary

    Cleary Gottlieb Steen & Hamilton LLP announced on Tuesday it is bringing the former leader of Hogan Lovells' Silicon Valley office on board as a partner in the mergers and acquisitions group in its recently opened San Francisco office.

  • June 21, 2022

    'Party On': Pun-Packed 5th Circ. Ruling Hands Brewers A Win

    The Fifth Circuit affirmed a lower court decision allowing two Lone Star State breweries to sell their products to-go in a ruling packed with drinking references and puns that the court said would have "stout implications for craft brewers in Texas."

  • June 21, 2022

    DaVita Gets All Clear To Return No-Poach Docs

    An Illinois federal judge gave DaVita the permission it needed Monday to dispose of confidential documents produced by the U.S. Department of Justice in its failed criminal no-poach case, deeming it sufficient for follow-on civil plaintiffs that the company will return what DOJ gave it.

  • June 21, 2022

    Justices Won't Take On German Car Antitrust MDL

    The U.S. Supreme Court on Tuesday refused to consider U.S. car dealerships' bid to revive their antitrust allegations accusing German auto manufacturers of conspiring to control diesel emissions system specifications.

Expert Analysis

  • 9th Circ. Decision Sets New Framework For Class Certification

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    The en banc Ninth Circuit decision in Olean Wholesale Grocery v. Bumble Bee Foods — which addressed numerous key class certification issues — is likely to have a significant impact in cases across the nation and provides strong support for defendants opposing motions for class certification under Rule 23(b)(3), say attorneys at Akin Gump.

  • 2nd Circ. Ruling Highlights Risks In Trade Secret Licenses

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    The recent Turret Labs USA v. CargoSprint decision in the Second Circuit illustrates how an IP licensor can lose a precious trade secret, and marketplace advantage, even if measures to limit third-party access were taken, bringing new contractual considerations for both licensors and licensees, say attorneys at King & Spalding.

  • Antitrust Law As A Tool Against Privacy Abuses

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    As consumer protection statutes prove insufficient in combating privacy harms, regulators and courts increasingly recognize privacy violations as anti-competitive harm — with potentially momentous effects, say William Reiss and Matthew Geyer at Robins Kaplan.

  • Opinion

    Clients' Diversity Mandates For Law Firms Are Necessary

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    Coca-Cola recently scrapped its proposed diversity staffing requirements for outside counsel, and other companies may be reassessing their mandates due to external pressures, but it is important to remember the myriad factors supporting these policies and why they are more important now than ever before, says David Hopkins at Benesch Friedlander.

  • Opinion

    5th Circ. Antitrust Ruling Misinterprets FRAND's Purpose

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    The Fifth Circuit's recent antitrust decision in Continental Automotive v. Avanci presented an overly narrow reading of fair, reasonable and nondiscriminatory commitment, and will undermine the intended benefits of FRAND licensing and pose particular challenges to emerging innovations for the Internet of Things, say Timothy Syrett and David Katz at WilmerHale.

  • 5 Questions That Can Help Law Firms Win RFPs

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    As the volume of matter-specific requests for proposals continues to increase in the legal market, law firms can take some new steps to fine-tune their RFP response-drafting process and strategy, says Matthew Prinn at RFP Advisory Group.

  • Opinion

    Our Courts Must End Big Tech's Patent Plunder

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    Big Tech's serial infringement practices need to stop, and the only way to do this is for federal appeals courts to uphold verdicts, and hand more of them down, says retired Federal Circuit Judge Paul Michel.

  • How Law Firms Can Employ More Veterans

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    Hiring attorneys who are veterans is often overlooked in law firm diversity, equity and inclusion plans, even though it generates substantial benefits, but partnering with like-minded organizations and having a robust and active veterans group will go a long way in boosting a firm's ability to recruit and retain veterans, say Daniel Sylvester and Nicholas Hasenfus at Holland & Knight.

  • Associates, Look Beyond Money In Assessing Lateral Offers

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    In the face of high demand for corporate legal work and persistent staffing constraints, many law firms continue to offer sizable signing bonuses to new associates, but lateral candidates should remember that money is just one component of what should be a much broader assessment, says Stephanie Ruiter at Lateral Link.

  • BYOD Policy Lessons From Pork Antitrust Litigation

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    A recent Minnesota federal court decision in the In re: Pork Antitrust Litigation suggests that a bring-your-own-device policy that balances the protection of company interests with those of employees may determine whether the company has any legal right or practical ability to collect unique data from an employee-owned device, say attorneys at Redgrave.

  • Preventing Impermissible Client Solicitation After ABA Opinion

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    Following the American Bar Association's recent opinion on the limitations on client solicitation, attorneys at Harris Wiltshire examine the principal rules that govern a lawyer's ethical duties with respect to solicitation, explain how those rules vary by jurisdiction, and provide some practical tips for ensuring compliance.

  • Lessons On Avoiding E-Discovery Violations And Sanctions

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    Michael Fox and David Cohen at Reed Smith discuss how counsel can assist their clients in meeting preservation obligations for electronically stored information in light of recent federal rulings on spoliation sanctions motions for possible violations of this duty.

  • Takeaways On The New Antitrust Scrutiny In Health Care

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    Recent Federal Trade Commission and U.S. Department of Justice discussions with health care patients, employees, practitioners and independent businesses show that the government is prioritizing stricter antitrust enforcement in labor markets and likely returning to vertical integration regulation and enforcement, say attorneys at Holland & Knight.

  • Collaborative Tech Will Dictate Future Law Firm Success

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    Law firms need to shift their focus from solving the needs of their lawyers with siloed solutions to implementing collaboration technology, thereby enabling more seamless workflows and team experiences amid widespread embrace of hybrid and remote work models, says Kate Jasaitis at HBR Consulting.

  • How To Effectively Prepare A Witness For Remote Testimony

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    Many of the lessons taught in an introductory theater performance class can provide foundational guidelines for virtual witness preparation, including the importance of props, proper lighting and wardrobe decisions, and of acknowledging that the star of your show is not a Zoom expert, say Hailey Drescher at Trask Consulting and Michael Thomas at Foley & Lardner.

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