Competition

  • June 15, 2022

    Property Damage Firm Says Ex-Consultant Stole Data 'Library'

    Young & Associates, a national property damage consulting company, sued one of its former consultants and his new rival business in Georgia federal court on Tuesday, alleging the consultant stole confidential files and misappropriated trade secrets in order to make his company more competitive at launch.

  • June 15, 2022

    EU Court Tosses Qualcomm's €1B Dominance Fine

    A European court on Wednesday tossed a decision from the bloc's competition enforcer fining Qualcomm around €1 billion ($1 billion) for allegedly abusing its dominance through exclusivity payments to Apple.

  • June 15, 2022

    Zydus Blasts Takeda's Patent Abuse 'Blueprint' At 3rd Circ.

    Zydus Pharmaceuticals Inc. has urged the Third Circuit to revive antitrust counterclaims accusing Takeda Pharmaceutical Co. Ltd. of using sham patent infringement allegations to artificially delay generic-drug competition, warning that Takeda's lower court win creates a road map to anti-competitively game the patent process.

  • June 15, 2022

    Norton Rose Names New Antitrust Head

    Norton Rose Fulbright has promoted a former Federal Trade Commission lawyer as its new head of antitrust for the U.S., the firm has announced.

  • June 15, 2022

    Cleary Notes Off-Limits In Ex-Citi Trader's Forex Probe Suit

    A former Citigroup Inc. trader can't access Cleary Gottlieb Steen & Hamilton LLP's reports of U.S. Department of Justice meetings in his lawsuit alleging the bank framed him to save itself during a foreign exchange-rigging probe, a Manhattan federal judge said Wednesday.

  • June 15, 2022

    UK Antitrust Authority Escalates Jus-Rol Merger Probe

    Britain's antitrust watchdog said Wednesday that it has escalated Cerelia's purchase of the Jus-Rol brand from General Mills Inc. to an in-depth investigation, as the merger may have resulted in the lessening of competition for bake-at-home dough products.

  • June 15, 2022

    EU Launches Legal Action Against UK Over Brexit Treaty

    The European Commission launched fresh legal action against the U.K. government on Wednesday, after London published legislation that would unilaterally dismantle a key element of the treaty securing Britain's withdrawal from the EU.

  • June 14, 2022

    SF Opioid Judge Not 'Sympathetic' To City's Scheduling Issue

    The California federal judge overseeing a bellwether bench trial in multidistrict opioid litigation said Tuesday that after defendants Anda, Allergan, Teva and Walgreens rest their case, San Francisco can't delay its rebuttal, saying he was "not terribly sympathetic" to the city's witness scheduling problems.

  • June 14, 2022

    FTC Says Arko To Trim Noncompetes In $94M Gas Outlet Buy

    Arko Corp. and its subsidiary GPM Investments LLC agreed Tuesday to trim certain noncompete provisions from a deal to buy 60 Michigan and Ohio-based Express Stop retail fuel outlets from Corrigan Oil Company that the Federal Trade Commission deemed anti-competitive, the agency said Tuesday.

  • June 14, 2022

    Impax Got Earliest Possible Generic Opana Entry, Jury Hears

    In an ongoing antitrust trial over an alleged pay-for-delay scheme surrounding Endo Pharmaceuticals' Opana ER painkiller, a former Impax Laboratories executive testified Tuesday that the generic-drug maker had always pushed to bring its version to market as soon as possible.

  • June 14, 2022

    New Ocean Shipping Regs On Deck, But Inland Woes Persist

    Ocean container carriers will face tougher regulatory scrutiny under new federal legislation aimed at reducing costs for shippers and consumers and easing the supply-chain crunch, but experts say it won't completely tame freight congestion or record high inflation and fuel prices.

  • June 14, 2022

    Conn. Hospital Queues Attack On Standing For Antitrust Suit

    Hartford HealthCare Corp. demanded key details Monday from Connecticut residents who have accused it of anti-competitively forcing all-or-nothing coverage plans on insurers, a demand that launches a frontal attack on their ability to claim the harm necessary to file an antitrust suit in state court.

  • June 14, 2022

    NJ Hospitals Abandon Merger Under FTC Challenge

    RWJBarnabas Health and Saint Peter's Healthcare System called off their planned merger on Tuesday citing a looming challenge from the Federal Trade Commission, the second New Jersey hospital deal abandoned this year in the face of commission action.

  • June 14, 2022

    Remand Denial Raises Question In W.Va. Opiate Litigation

    The West Virginia attorney general on Tuesday asked the Ohio federal judge overseeing the multidistrict litigation over the opioid crisis to clarify under what conditions the state's medical professional liability law applies in suits brought by municipalities against health care providers.

  • June 14, 2022

    5th Circ. Panel Walks Back Nokia Win In Patent Pool Case

    A Fifth Circuit panel has indicated that it might have changed its mind about a ruling that found an auto parts supplier could not bring an antitrust case against Nokia Corp. and other telecom businesses that license standard-essential patents covering cellular technologies.

  • June 14, 2022

    Tegna Says Apollo, Cox Won't Partake In Retransmission Talks

    Tegna Inc. told the Federal Communications Commission that Apollo Global Management and Cox Media Group would play no role in talks over broadcast retransmission consent after Tegna goes private in an $8.6 billion deal with hedge fund Standard General.

  • June 14, 2022

    Spirit Enters Talks With JetBlue, But Frontier Deal Still On

    Spirit Airlines Inc. said Tuesday it is now in talks with JetBlue Airways Corp. over the company's latest buyout offer, but noted it is also moving forward with its planned tie-up with Frontier Airlines, which is worth $6.6 billion, including debt.

  • June 14, 2022

    Apple Faces German Antitrust Probe Over App Tracking Rules

    Germany's competition watchdog joined several European antitrust agencies seeking to curtail Big Tech market dominance, saying Tuesday it will investigate Apple over concerns that its new policies requiring other app developers to clear a higher bar to track user data might impede competition.

  • June 14, 2022

    Meta Mostly Loses Giphy Merger Appeal, But Case In Limbo

    The U.K.'s specialist antitrust tribunal on Tuesday largely rejected Facebook parent company Meta's challenge to a decision blocking its $315 million acquisition of Giphy, but agreed that Britain's competition watchdog made mistakes that could call the decision into question.

  • June 14, 2022

    Workspace Providers Face UK Probe Over Merger

    Britain's antitrust authority said Tuesday that it is investigating the proposed merger between work space companies The Office Group and Fora Holdings Ltd. citing the possibility that the deal would substantially impede competition in the U.K. 

  • June 14, 2022

    Lawyers' Body Warns UK Brexit Bill Risks EU Trade War

    The British government's proposed legislation to unilaterally dismantle a key part of the Brexit withdrawal treaty undermines international law and risks triggering a trade war with the European Union, the Law Society warned Tuesday.

  • June 13, 2022

    Judge Breyer Pitches Law Chat As SF Opioid Trial Nears End

    With a high-stakes bench trial winding down over San Francisco's claims that Teva, Allergan, Anda and Walgreens illegally fueled the city's opioid epidemic, U.S. District Judge Charles Breyer judge indicated Monday he'd like to schedule a discussion exploring the law governing the case separate from the facts presented at trial.

  • June 13, 2022

    Investor Attys Net $22.6M In Dental Supply Antitrust Deal

    Attorneys who represent investors in dental supply company Patterson Cos. will receive nearly $22.6 million in fees after helping settle claims the company worked with its competitors to fix prices, a Minnesota federal judge has decided.

  • June 13, 2022

    FTC Dems Put PE On Blast In Vet Clinic Merger Settlement

    The Federal Trade Commission's five members used a unified vote Monday approving a clearance settlement for a $1.1 billion merger of veterinary clinics to air out simmering disputes over potential concerns about broad corporate concentration, private equity-backed consolidation, and the tools FTC Democrats are using to police them.

  • June 13, 2022

    Judge OKs $26M Atty Fee In Apple App Store Antitrust Deal

    A California federal judge gave final approval to Apple's $100 million deal resolving class antitrust claims by app developers, and she signed off on $26 million for class counsel attorney fees, splitting the difference between their $27 million request and the $25 million "presumptively reasonable" benchmark.

Expert Analysis

  • When Congress Seeks Cos.' Nonpublic Info From Regulators

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    Increasingly, congressional investigators seek out private parties' confidential documents from the federal agencies that regulate them — and because Congress is uniquely empowered to override nondisclosure protections surrounding nonpublic information, companies must understand the rules and risks involved, say attorneys at Covington.

  • Health Care Is In DOJ's Criminal Antitrust Crosshairs

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    The U.S. Department of Justice's criminal antitrust enforcement in health care has picked up significant momentum in recent years, notably in the industry's labor market, amplifying the importance of proactive compliance programs, say Dylan Carson and Antonio Pozos at Faegre Drinker.

  • Enforcement Takeaways From ABA Antitrust Meeting

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    The American Bar Association's recent Antitrust Law Spring Meeting offers signs that the Antitrust Division of the U.S. Department of Justice will be taking on tough cases such as those involving criminal Section 2 enforcement and labor market practices, reminding businesses that they should avoid even the appearance of noncompliance, say attorneys at Perkins Coie.

  • In Early Mediation, Negotiate With Empathy, Not Threats

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    With courts encouraging early settlement conferences to tackle the COVID-19 backlog, parties should consider that authenticity, honesty and the ability to see beyond one's own talking points are far more persuasive tools than threats of a distant possible determination by a court or arbitrator, says Sidney Kanazawa at ARC.

  • How Antitrust Enforcers Might Think Like Plaintiffs Lawyers

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    As government antitrust enforcement lawyers make the most of the limited resources available to them, the experience and thinking of plaintiff attorneys on priorities, goal-setting and other matters could be worth exploring, says Barry Barnett at Susman Godfrey.

  • Addressing Problematic Drinking In The Legal Profession

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    To curb problematic drinking, on the rise during the pandemic, legal employers should implement comprehensive responsible drinking policies that are taken seriously by firm leadership, and provide alternatives for creating a healthy workplace culture, says Anne Brafford at the Institute for Well-Being in Law.

  • Antitrust Considerations Are Heating Up In Food Industry

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    The federal antitrust agencies' recent listening forum with members of the food and agriculture industry makes clear that the Biden administration intends to take action on its call for a revival of antitrust enforcement, and organizations must be proactive in this environment of heightened scrutiny, say attorneys at Holland & Knight.

  • Opinion

    SEP Draft Policy Imperils US Investment In Innovation

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    The U.S. administration's recent draft statement on standard-essential patents is skewed heavily against patent owners — this would disincentivize innovation in vital standards-dependent industries and ultimately harm the very consumers the policy purportedly seeks to protect, say Cravath's David Kappos and Irell's Andrei Iancu, both former directors at the U.S. Patent and Trademark Office.

  • Transforming Law Firms' Diversity Intent Into Real Progress

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    In order for law firms to convert their diversity and inclusion activity into lasting advancements, they must prioritize accountability and transparency when crafting policies, and take steps to engage with attorneys and staff at all levels, say Jacqueline Simonovich at Weintraub Tobin and Lindsey Mignano at Smith Shapourian.

  • How Plans For Criminal Antitrust Enforcement Are Advancing

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    Top U.S. Department of Justice antitrust enforcers have indicated they could start using criminal charges for the first time in almost 50 years, and although these plans have not been clarified at this point, it is clear that enforcement under Section 2 of the Sherman Act is heating up, and companies with significant market share need to be on the alert, say attorneys at Duane Morris.

  • ITC Consent Orders Can Be Complicated In IP Cases

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    Following a five-year high for U.S. International Trade Commission investigations terminated by consent order or settlement, it’s important for respondents and complainants in cases involving intellectual property right claims to understand the consequences that can arise when this method is used to end an inquiry, says Andrew Kasnevich at Hunton.

  • Opinion

    Justices Must Apply Law Evenly In Shadow Docket Rulings

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    In recent shadow docket decisions, the U.S. Supreme Court has inconsistently applied the requirement that parties demonstrate irreparable harm to obtain injunctive relief, which is problematic for two separate but related reasons, says David Hopkins at Benesch.

  • Tips For Negotiating Litigation Funding Agreements

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    Allen Fagin and Ralph Sutton at Validity Finance break down the key components of litigation funding term sheets — from return calculations to funder involvement — and explain what law firm leaders should keep in mind when negotiating these provisions.

  • 5 Mediation Mistakes That Create Obstacles To Settlement

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    Overly litigious behavior ranks high among common mistakes attorneys make during mediation, as do premature ultimatums, failure to account for compounding risks, and more, say Lynn O'Malley Taylor and Rachel Gupta at JAMS.

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

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