Competition

  • May 25, 2021

    DOJ Wants Time During SmileDirect's Calif. Dental Board Args

    The U.S. Department of Justice is seeking permission from the Ninth Circuit to participate in oral arguments set for late July in SmileDirectClub's appeal in its case accusing members of California's dental board of orchestrating a harassment campaign to keep it from operating in the Golden State.

  • May 25, 2021

    Huntington's $22B TCF Deal Approved With Branch Sales

    Huntington Bancshares Inc. and TCF Financial Corp. received approval from banking regulators for their planned $22 billion merger after cutting a deal with the Justice Department to sell around a dozen branches in Michigan over competition concerns.

  • May 25, 2021

    Actavis Inks $1.1M Deal In ADHD Medication Antitrust Suit

    A proposed class of parents and caregivers who've accused Actavis of violating antitrust laws by delaying alternatives to its attention deficit hyperactivity disorder medication Intuniv have asked a Massachusetts federal judge to preliminarily approve a $1.1 million settlement with the drugmaker.

  • May 25, 2021

    Biden Admin. Faces Broad IP Threat From China, Iancu Says

    Former U.S. Patent and Trademark Office Director Andrei Iancu said Tuesday that the U.S. is facing numerous challenges in counteracting China's theft of American intellectual property, and suggested that the new administration devote more effort to preserving its role as the global leader in technology.

  • May 25, 2021

    Divided Senate Confirms Biden Pick For DOJ Civil Rights Post

    The Senate on Tuesday narrowly confirmed President Joe Biden's nomination of Kristen Clarke to lead the U.S. Department of Justice's Civil Rights Division after Republicans decried her call for "defunding aspects of policing."

  • May 25, 2021

    FCC's Carr Says Big Tech Must Pay For Its Strain On Internet

    Republican FCC Commissioner Brendan Carr has called for behemoths of the internet such as Netflix, YouTube and Amazon Prime to make contributions toward federally funded network expansion efforts just like phone companies do.

  • May 25, 2021

    Fla. To Revoke Tax Breaks For Platforms That Ban Politicians

    A new Florida law will forbid social media companies from deplatforming political candidates and will revoke tax incentives for those that violate new antitrust laws, raising First Amendment and federal preemption concerns.

  • May 25, 2021

    UK Regulator Will Scrutinize AstraZeneca-Alexion Deal

    The United Kingdom's Competition and Markets Authority announced Tuesday that it's investigating a planned $39 billion merger between Swedish-British coronavirus vaccine producer AstraZeneca and U.S. drugmaker Alexion Pharmaceuticals Inc.

  • May 25, 2021

    Holland & Knight Welcomes Veteran Litigator To Philly Office

    An attorney with nearly 20 years of commercial litigation experience has joined the Philadelphia office of Holland & Knight LLP, the firm said Monday.

  • May 25, 2021

    Mattress Co. Warns 8th Circ. To Rethink 'Initial Interest' Ruling

    A discount mattress brand is urging the Eighth Circuit to rethink a recent trademark ruling that endorsed the disputed doctrine of "initial interest confusion," warning that the court had made "a single click actionable."

  • May 25, 2021

    DC AG Sues Amazon For Antitrust Violations

    The Attorney General of the District of Columbia sued Amazon Inc. on Tuesday, accusing the e-commerce giant of stifling competition through contracts with sellers on its platform, resulting in higher prices for consumers and reducing innovation for online retail marketplaces.

  • May 24, 2021

    Epic-Apple Judge Suggests No Clear Winner As Trial Wraps

    A California federal judge appeared skeptical Monday of both sides' arguments at the close of Epic Games' high-profile antitrust trial over Apple's 30% App Store commissions, saying Apple's anti-steering provisions "seem anticompetitive," but she's "concerned" Epic is just trying to get out of paying for Apple's intellectual property.

  • May 24, 2021

    Tyson 1st To Settle In Turkey Price-Fix Case With $4.6M Deal

    Tyson will be the first to settle out of dual price-fixing lawsuits against turkey producers, agreeing to pay wholesalers and distributors $4.62 million and provide "meaningful cooperation" against its peers in litigation by the direct purchaser plaintiffs.

  • May 24, 2021

    German Automakers Tell 9th Circ. Antitrust Suit Rightly Nixed

    German automakers including Audi and BMW urged the Ninth Circuit not to revive a case from car dealers alleging they violated U.S. antitrust law by conspiring to reduce innovation and fix steel prices, contending the claims grew from "sensationalized" news articles.

  • May 24, 2021

    US Teen Soccer Star Cleared To Go Pro

    Fifteen-year-old soccer sensation Olivia Moultrie scored a win Monday when an Oregon federal judge temporarily blocked the National Women's Soccer League's age restriction, granting the teen a window in which she could be drafted by a professional squad.

  • May 24, 2021

    Eli Lilly Says HHS Trying To Foil Case Over Drug Discounts

    Eli Lilly and Co. says that the U.S. Department of Health and Human Services shouldn't be able to punish it for not offering drug discounts to pharmacies that contract with hospitals in low-income areas, saying the government is trying to find a way around a legal challenge launched by the drugmaker. 

  • May 24, 2021

    Ex-JPM Trader Tells 2nd Circ. Courts Decide Antitrust Rule

    A former JPMorgan Chase & Co. foreign currency trader convicted of price-fixing told the Second Circuit that a lower bar for conviction should not be applied to his criminal case just because the government says so.

  • May 24, 2021

    Korein Tillery Adds Former Federal Prosecutor In Chicago

    Plaintiffs' complex litigation firm Korein Tillery has hired as a partner in its Chicago office a former federal prosecutor with more than a decade of experience trying high-stakes cases, the firm announced.

  • May 24, 2021

    Google's Antitrust Win Irrelevant To Facebook Suit, AGs Say

    Facebook can't use Google's win against advertisers and publishers that challenged its digital advertising business as a way to escape parallel antitrust lawsuits, the Federal Trade Commission and state attorneys general told a D.C. federal judge Friday.

  • May 24, 2021

    BMW Expects EU To Trim $1B Emissions Cartel Fine

    The European Union's competition watchdog is expected to scale back allegations against BMW AG over suspected collusion to keep emissions-reducing technology off the market, according to an announcement issued by the auto giant.

  • May 24, 2021

    Holland & Knight Accused Of Malpractice In Fla. Case

    Holland & Knight LLP's inadequate communication left a former client on the hook in a $369 million judgment from a business dispute, a lawsuit filed in Florida state court Monday alleges.

  • May 24, 2021

    Baker Botts, Wachtell Lead $17B Merger Of Oil & Gas Cos.

    U.S. energy companies Cabot Oil & Gas and Cimarex Energy plan to combine in a roughly $17 billion merger of equals led by respective legal advisers Baker Botts and Wachtell, the companies said Monday.

  • May 22, 2021

    Epic-Apple's 'Super Bowl Of Antitrust' Trial May Be Watershed

    As Epic Games Inc.'s high-stakes antitrust bench trial against Apple Inc. nears its end, experts told Law360 that an Epic win could mark a shift in antitrust law in favor of plaintiffs suing technology giants, while potentially opening the door for a "Wild West" in smartphone security.

  • May 21, 2021

    Endo Investors Win Operatic Class Cert. In Generic Price Suit

    A Pennsylvania federal judge on Thursday certified a class of investors accusing Endo International PLC of artificially inflating its stock price, likening the impact of the pharmaceutical company's alleged misrepresentations to King Philip's multilayered betrayal in Giuseppe Verdi's "Don Carlo."

  • May 21, 2021

    Apple CEO Tim Cook Gets Tough Questions From Epic Judge

    All eyes were on Epic's high-stakes antitrust trial against Apple on Friday as Apple CEO Tim Cook took the stand to tough questions from U.S. District Judge Yvonne Gonzalez Rogers, who called Apple's 30% app commission "troubling" and asked Cook "what's the problem" with giving consumers other purchasing options.

Expert Analysis

  • Opinion

    7th Circ. Should Find Patent Thickets Aren't Anti-Competitive

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    While drug buyers are arguing to the Seventh Circuit that AbbVie's Humira drug patent thicket is anti-competitive, those claims are misguided, because creating a robust patent portfolio around a product in fact promotes innovation and competition, say Joanna Brougher at BioPharma Law and law student Andrew Kingsbury.

  • NJ 'Reply All' Ethics Opinion Brings New Pitfalls For Attorneys

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    While a recent New Jersey ethics opinion rightly concluded that an attorney cannot claim an ethics violation when opposing counsel replies all to a group email including clients, it runs counter to stances taken by other states and presents new dangers of confidentiality breaches and unfiltered messages to opposing parties, says Roger Plawker at Pashman Stein.

  • And Now A Word From The Panel: There's No Place Like Home

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    As parties in the Folgers Coffee Marketing and Sales Practices Litigation prepare to argue why the case should be held in their respective home states, the weight the Judicial Panel on Multidistrict Litigation gives to different factors in reaching its decision will be of interest to all MDL practitioners, says Alan Rothman at Sidley.

  • Series

    Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

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    In "Why the Innocent Plead Guilty and the Guilty Go Free,” U.S. District Judge Jed Rakoff catalogues the many ways our criminal justice system is broken, and in doing so, gives the public an intimate look into the thoughts, reasoning and personal experiences of a renowned federal judge, says Third Circuit Judge Stephanos Bibas.

  • 6 CFIUS Considerations For De-SPAC Transactions

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    As financial regulators increase scrutiny on special purpose acquisition companies, SPAC sponsors and their prospective targets need to be aware that the merger following the initial public offering — the de-SPAC — may be subject to the Committee on Foreign Investment in the United States' jurisdiction and may even trigger a mandatory filing, say attorneys at Kirkland.

  • For Law Firm Digital Marketing, Less Is Sometimes More

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    Attorneys and law firms often look to cast the widest net possible and maximize online impressions, when they should be focusing their digital marketing efforts on fewer, better-qualified prospects, says Guy Alvarez at Good2BSocial.

  • Opinion

    FTC Should Have Global Antitrust Regulatory Aspirations

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    A recent Federal Trade Commission report on its enforcement role suffers from a striking lack of ambition, when the agency should be pushing for legally binding global rules that bring coherence and order to international competition law, says Aurelien Portuese at the Information Technology and Innovation Foundation.

  • Cos. Buying Nascent Rivals Should Beware Antitrust Scrutiny

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    Recent federal antitrust enforcement actions that halted Visa's purchase of Plaid and Procter & Gamble's acquisition of Billie should serve as a warning that companies in all sectors can expect close scrutiny of deals involving nascent competitors, and regulatory emphasis that extends beyond market shares and market concentration, says Jessica Michaels at Mayer Brown.

  • Strategies For Fighting Back Against A Rambo Litigator

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    If your opposing counsel is a so-called Rambo litigator, there are ways to turn their scorched-earth litigation tactics and ad hominem attacks into assets that favor your client, says Margeaux Thomas at Thomas Law.

  • A Framework For Evaluating Willingness Of FRAND Licensees

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    As an increasing number of standard-essential patent cases turn on whether a manufacturer is willing to pay a fair, reasonable and nondiscriminatory royalty for SEPs, Jorge Contreras at the University of Utah identifies conduct that typically indicates willingness or unwillingness, as well as conduct that should be viewed as indeterminate.

  • UK's Revised Merger-Review Definitions Will Ease Compliance

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    Recent changes narrowing high-risk sector definitions in the U.K.’s planned merger-review laws will make it easier to assess whether a merger or acquisition poses a national security threat that triggers mandatory notification, a critical change given the severe consequences of a failure to do so when required, say attorneys at Kirkland.

  • Analyzing Cost Issues After Top Court MasterCard Ruling

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    The U.K. Supreme Court recently directed MasterCard v. Merricks back to the Competition Appeal Tribunal after clarifying the tests for class action certification, likely resulting in a green light for the action and a review of the regime-specific costs and funding models of the opt-out class action, says Andy Ellis at Practico.

  • Opinion

    1 Year Into Pandemic, It's Time To Rethink Law Firm Billing

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    The particular tasks for which a law firm client can expect to be billed have become unpredictable in the era of COVID-19, making flat fees and other alternative fee arrangements more attractive for both in-house and outside counsel, says Jessica Hodkinson at Panasonic.

  • How Biden's Leadership Picks Will Shape Health Priorities

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    President Joe Biden's selections for key health posts, all key architects behind the Affordable Care Act, shed light on how the administration will approach issues ranging from health equity to rolling out the COVID-19 vaccine, say Miranda Franco and Suzanne Joy at Holland & Knight.

  • Rogue High Court Citation May Spark Legal Writing Changes

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    Justice Clarence Thomas’ unexpected use of a new citation format in the U.S. Supreme Court’s recent Brownback v. King opinion is the most notable citation change in the court's writing in 25 years, and could inspire receptiveness for other innovations in legal writing and beyond, says Carrie Garrison at Porter Wright.

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