Competition

  • June 03, 2021

    US Tells 9th Circ. Realtors' Win Could Hinder Antitrust Actions

    The U.S. government has stepped into a Ninth Circuit fray over the National Association of Realtors' listing rules to voice concern that the lower court's ruling in favor of the Realtors incorrectly requires antitrust plaintiffs to allege immediate harm to consumers.

  • June 03, 2021

    Investors Sue Amazon For Docs On Market Clout, Tax Parries

    An Amazon.com Inc. pension fund investor sued the online retail conglomerate in Delaware's Chancery Court on Thursday, seeking expedited action on demands for records on director and officer handling of alleged anti-competitive conduct and tax-avoidance tactics.

  • June 03, 2021

    ECJ Won't Trash Recyclers' €26M Scrap Cartel Fine

    Europe's top court refused on Thursday to reduce a €26 million ($31.7 million) fine slapped on three recycling companies for colluding over the price of scrap car batteries.

  • June 02, 2021

    Antitrust Group Tells 9th Circ. To Revive Real Estate Challenge

    The American Antitrust Institute told the Ninth Circuit Wednesday that a judge's dismissal of a challenge to a rule that prohibits members of the National Association of Realtors from privately marketing properties without using the NAR's listing service could hurt competition across numerous sectors.

  • June 02, 2021

    Altria Tells FTC Judge Juul Deal Not Meant To Cut Competition

    In the kickoff of an administrative trial on antitrust claims, tobacco giant Altria Group Inc. told a Federal Trade Commission judge Wednesday that it bought a $12.8 billion stake in electronic cigarette company Juul Labs Inc. because its own smoking alternatives were unsuccessful and not to avoid competition.

  • June 02, 2021

    NJ Hospitals Merger Met With 'Jaundiced Eyes' In FTC Suit

    Criticism of "flowery" language by the hospitals and skepticism of whether past mergers ever passed cost savings onto insurers helped define a New Jersey federal judge's approach Wednesday to closing arguments in a Federal Trade Commission challenge to a proposed deal between two Bergen County health care systems.

  • June 02, 2021

    Horsemen Say Kentucky Derby Owner Squashed Competition

    The racetrack that hosts the Kentucky Derby has been accused of abandoning plans for a "racino" in one Illinois town out of concern for the competition it would pose to another one of its nearby casinos, and the Illinois attorney general has been asked to investigate.

  • June 02, 2021

    9th Circ. Affirms Spokane Tribe's Win In Kalispel Casino Row

    The Ninth Circuit has affirmed a Washington federal judge's ruling that the U.S. Department of the Interior properly approved a Spokane Tribe casino under the Indian Gaming Regulatory Act, rejecting the Kalispel Tribe's claims that the agency's approval breached its trust duties.

  • June 02, 2021

    Ex-Commissioners Press FERC To Expand Power Markets

    A bipartisan group of former commissioners on Wednesday urged the Federal Energy Regulatory Commission to expand the footprint of regional, wholesale electricity markets to all corners of the U.S., arguing that they're the best vehicle to guide the decarbonization of the nation's electricity grid.

  • June 02, 2021

    Chicken Buyers Can't 'Chase Ghosts' In Claims Against Bank

    An agricultural bank has ducked price-fixing claims from a group of chicken buyers, at least for now, as an Illinois federal judge said the "unsuspicious fact" that the bank communicated with producers falls short of plausibly alleging it helped them conspire to keep supplies of chicken artificially low.

  • June 02, 2021

    Wyo. Federal Judge To Retire After Energy-Focused Career

    President Joe Biden will get a rare red-state judicial vacancy when Wyoming U.S. District Judge Nancy D. Freudenthal takes senior status after more than a decade on the bench and a career focused on energy and tax litigation.

  • June 02, 2021

    Trade Group Seeks Probe Of Proposed German Gambling Tax

    A trade group for online gambling platforms lodged a complaint with European Union officials over Germany's proposed 5.3% tax on stakes in electronic poker games and slot machines, saying the levy would amount to illegal state aid.

  • June 02, 2021

    EU OKs €800M Polish Trade Credit Insurance Amid Pandemic

    The European Commission approved on Wednesday an €800 million ($976 million) insurance scheme that will protect Polish businesses if customers cannot pay them amid the coronavirus pandemic.

  • June 01, 2021

    AbbVie Asks Justices To Hear Sham Litigation Exception Case

    Unless AbbVie was using its patent litigation over its testosterone treatment Androgel as an anticompetitive weapon, the Third Circuit was wrong to declare its lawsuits a sham and the U.S. Supreme Court should step in and settle the score, the drug giant said Tuesday.

  • June 01, 2021

    Shkreli Punished For Secret Phone But Can Deny Conspiracy

    A New York federal judge on Tuesday sanctioned disgraced pharmaceutical executive Martin Shkreli, after finding that the Federal Trade Commission demonstrated that Shkreli used a contraband phone to conduct business affairs while still incarcerated.

  • June 01, 2021

    FTC's Illumina-Grail Court Case Dropped Despite Cos.' Protest

    A California federal judge has let the Federal Trade Commission drop its federal court challenge to biotech giant Illumina's planned purchase of a cancer detection company but kept the door open to a future suit, despite the firms' warning that doing so would let the commission kill the deal later by reviving its challenge as the merger's termination date draws near.

  • June 01, 2021

    $30.2M Deal, $9.3M Fee Award Greenlit In Lens Price-Fix MDL

    A Florida federal judge signed off Tuesday on a $30.2 million settlement to resolve claims against ABB Optical Group in sprawling price-fixing litigation and also granted $9.3 million in attorney fees plus $1 million for future anticipated claims costs.

  • June 01, 2021

    Sanofi Urges 10th Circ. To Revive EpiPen Antitrust Case

    Sanofi-Aventis US LLC told the Tenth Circuit that it deserves to have a jury hear its allegations that Mylan illegally blocked a potential competitor to its emergency allergy treatment EpiPen, contending that the drugmaker had a "stranglehold on the market for these lifesaving devices."

  • June 01, 2021

    NY AG Demands Kodak Execs Testify In Insider Trading Probe

    New York Attorney General Letitia James is demanding that Eastman Kodak Co.'s CEO and general counsel testify in open court regarding alleged insider trading tied to a COVID-19 medical supply deal between the company and the government, according to a petition filed Tuesday in New York state court.

  • June 01, 2021

    Blackstone And Starwood Sweeten Extended Stay Hotel Deal

    Blackstone Real Estate Partners and Starwood Capital Group have offered to raise their $6 billion buyout offer of hotel operator Extended Stay America by a dollar per share after two proxy advisory firms recommended shareholders vote against the proposed sale.

  • June 01, 2021

    Rival Locker Cos. Resolve Trade Secrets Disputes

    Two rival locker room design and construction companies have settled state and federal trade secrets lawsuits, bringing an end to the dispute between Longhorn Locker Co. LLC and Hollman Court Systems LLC stemming from a contract to redesign the New Orleans Saints locker room.

  • June 01, 2021

    DOJ Requires Elevator Sales For $300M Grain Deal

    The U.S. Department of Justice said Tuesday that Zen-Noh Grain Corp. could proceed with a planned $300 million deal to purchase more than three dozen grain elevators located along the Mississippi River from Bunge Ltd. after agreeing to sell several elevators in overlap areas.

  • June 01, 2021

    Monthly Merger Review Snapshot

    A United Kingdom appellate court left intact a controversial and far-reaching jurisdictional threshold that antitrust enforcers are increasingly using to scrutinize international mergers, a transaction's closing put on display internal divisions within the Federal Trade Commission, and insurance giant Aon cleared the way for its $30 billion merger with Willis Towers Watson.

  • June 01, 2021

    Staffing Agencies Can't End Ill. AG's No-Poach Suit

    An Illinois state court judge has refused to toss a lawsuit brought by the state's attorney general alleging a display manufacturing company helped facilitate an unlawful conspiracy in which three staffing agencies agreed to suppress wages and refrain from hiring each other's workers.

  • June 01, 2021

    Daimler, Nokia Ink Deal To End Fight Over Mobile Tech

    Daimler AG and Nokia Corp. have inked a deal to end their patent dispute over cellular technology in cars, closing the book on a legal battle that at one point almost blocked sales of Daimler's cars in Germany.

Expert Analysis

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

    Author Photo

    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • AGs To Fill Void As Justices Say FTC Can't Impose Restitution

    Author Photo

    State attorneys general are likely to emerge as even more influential consumer protection enforcers, taking the lead in federal-state restitution partnerships, following the U.S. Supreme Court's determination Thursday in AMG Capital v. Federal Trade Commission that the FTC is not authorized to seek equitable monetary relief, say Alissa Gardenswartz and former Sen. Mark Pryor at Brownstein Hyatt.

  • What FTC Victory Means For Reverse Payment Settlements

    Author Photo

    In upholding a Federal Trade Commission ruling that Impax Laboratories engaged in an illegal reverse payment settlement with Endo Pharmaceuticals over its patented opioid, the Fifth Circuit employed an overly deferential standard of review that will make settlements more difficult and delay generic drug entry dates, say attorneys at Baker Botts.

  • Antitrust Litigation Shifts As Class Members Opt Out

    Author Photo

    Companies are opting out of private price-fixing class actions, giving rise to new considerations about how and when to file as firms choose to coordinate procedures informally to maximize their claims and gain more control, says Anne Nardacci at Boies Schiller.

  • Why The Future Law Firm Model Is Industry-Based Offerings

    Author Photo

    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • 9th Circ. Shows How Stats Shore Up Rejection Of Class Cert.

    Author Photo

    The Ninth Circuit's recent Olean v. Bumble Bee decision, decertifying three buyer classes in multidistrict price-fixing litigation due to a meaningful number of uninjured class members, aligns it with most other circuits and illuminates the need for rigorous analysis of statistical evidence at the certification stage, say attorneys at Weil.

  • M&A Takeaways From ABA Antitrust Meeting

    Author Photo

    At the recent Antitrust Law Spring Meeting, the American Bar Association's panels on mergers revealed that federal agencies have successfully adapted to COVID-19 restrictions and are making it a priority to challenge partial acquisitions and nascent competitor acquisitions, say attorneys at Perkins Coie.

  • Opinion

    The 9th Circ.'s Antitrust Class Action Mistake On 'De Minimis'

    Author Photo

    A Ninth Circuit ruling in Olean v. Bumble Bee has seized on an arbitrary rule for what constitutes a de minimis number of uninjured class members, a move that may ultimately punish victims more than wrongdoers by erecting a new and higher hurdle for certification, just when antitrust comes under renewed scrutiny, say Jonathan Rubin and Daniel Mogin at MoginRubin.

  • Enforcement Takeaways From ABA Antitrust Meeting

    Author Photo

    Although many are calling for sweeping changes to antitrust laws, virtual sessions of the American Bar Association's 69th Antitrust Law Spring Meeting reveal that state and federal enforcers are already able to challenge big tech, acquisitions of small, nascent competitors, and wage-fixing and no-poach agreements, say attorneys at Perkins Coie.

  • Thought Leadership's Critical Role In Law Firm Diversity

    Author Photo

    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • Opinion

    US Antitrust Regulators Should Foster Climate Collaboration

    Author Photo

    U.S. regulators should follow the lead of their European counterparts and clarify how antitrust law applies to cooperation between companies on fighting climate change, so that businesses have more flexibility to work together on green initiatives, say Ben Steinberg and Adam Mendel at Robins Kaplan.

  • Consumer Protection Takeaways From ABA Antitrust Meeting

    Author Photo

    During the recent Antitrust Law Spring Meeting, the American Bar Association's panels evaluated how antitrust and consumer protection fit into broader social and political issues, and revealed how that perspective might inform enforcement, litigation and consumer education in the future, say Patrick Thompson and Kevin Schock at Perkins Coie.

  • Opinion

    It's Time To Modernize Amateurism In College Sports

    Author Photo

    Recent U.S. Supreme Court oral arguments in a case challenging the NCAA’s freedom from antitrust constraints — together with proposed federal legislation and U.S. Golf Association rules favorable to student-athletes — signal a coming, needed sea change in the definition of amateurism in college sports, says Geoffrey Lottenberg at Berger Singerman.

  • What Associates Should Consider Before Switching Practices

    Author Photo

    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

    Author Photo

    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

Want to publish in Law360?


Submit an idea
Can't find the article you're looking for? Click here to search the Competition archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!