Competition

  • May 21, 2021

    Shkreli, Vyera Rip FTC Sanction Bid Over Alleged Phone Wipe

    Disgraced pharmaceutical executive Martin Shkreli and his company Vyera Pharmaceuticals LLC on Friday urged a New York federal judge to reject the Federal Trade Commission's bid for sanctions against them, arguing the penalty over the alleged wiping of phones containing potential evidence is unwarranted and extreme.

  • May 21, 2021

    ​​​​​​FTC Says No Way To $151M Pa. Cement Co. Merger

    The Federal Trade Commission is not a fan of Lehigh Cement Co.'s $151 million plan to buy out one of its biggest rivals in the cement-producing business, Keystone Cement Co., and the agency is ready to sue in federal court to stop the deal if it has to.

  • May 21, 2021

    DC Circ. Knocks FAA For Spurning Spirit's Airport Slot Bid

    The D.C. Circuit said Friday that the Federal Aviation Administration ignored competition concerns when it spurned budget carrier Spirit Airlines' bid to snap up newly available peak slots at Newark Liberty International Airport, which essentially cleared United Airlines to maintain its stronghold at the airport.

  • May 21, 2021

    Tribunal Tosses Sabre's Challenge Of CMA Merger Review

    A tribunal has rejected Sabre Corp.'s contention that the U.K. Competition and Markets Authority lacked the jurisdiction to review the airline booking giant's abandoned $360 million purchase of Farelogix Inc.

  • May 21, 2021

    Union Law Doesn't Block Soccer Phenom's Age-Limit Suit

    The National Women's Soccer League's ongoing collective bargaining negotiations with its players don't bar a 15-year-old soccer prodigy from seeking an injunction forcing the league to let under-18s play in the 2021 season, an Oregon federal judge held Wednesday.

  • May 21, 2021

    VW Escapes Investors' German Car Conspiracy Suit In NY

    A New York federal judge dismantled a suit alleging Volkswagen conspired with Daimler and BMW to suppress competition by coordinating costs, supplies and vehicle technology, saying investors' vague claims concerning allegedly overpriced securities didn't amount to any U.S. law violations.

  • May 21, 2021

    Canadian National Tops Railway Rival With $33.6B KCS Deal

    Canadian National and Kansas City Southern said Friday they will merge in a $33.6 billion deal that is being contested by Canadian Pacific, which previously agreed to buy KCS for $29 billion and believes the CN-KCS deal will not pass regulatory muster.

  • May 21, 2021

    Ky. Real Estate Agents Indicted For Rigging Farmland Auction

    A federal grand jury has indicted two Kentucky real estate professionals over an alleged conspiracy to rig bids at a 2018 auction for hundreds of acres of farmland and a tract of timber rights.

  • May 21, 2021

    States' Suit Against Google Staying Put In Texas

    A Texas federal judge on Thursday night refused to send a Texas-led monopolization lawsuit against Google to California, rejecting the search giant's arguments that the case belongs with its private counterparts and that gathering evidence and witnesses in the Lone Star state would be more difficult. 

  • May 20, 2021

    Google V. Oracle Hangs Over Apple's IP Defense In Epic Trial

    An intellectual property expert hired by Apple testified during Epic Games' high-stakes antitrust trial over Apple's App Store fees Thursday that Epic wants a "free ride" on Apple's proprietary software, but he acknowledged that not all software is protectable in light of the U.S. Supreme Court's recent Google v. Oracle ruling.

  • May 20, 2021

    FTC To Focus On In-House Challenge Of Illumina Deal

    The Federal Trade Commission said Thursday enforcers plan to drop their bid for a court order to pause Illumina's planned $8 billion purchase of cancer testing company Grail and will instead focus on an administrative case challenging the tie-up.

  • May 20, 2021

    Iowa Town Must Face Challenge To $50M Google Fiber Build

    An Iowa city is one step closer to a trial over claims that it worked out a secret deal to give Google exclusive access to a $50 million fiber network pipeline that it's building with taxpayer money, after a state court declined to kill the suit.

  • May 20, 2021

    9th Circ. Urged To Rethink Tuna Buyers' Class Decertification

    An antitrust think tank and a public advocacy group are urging the full Ninth Circuit to reconsider a panel decision to decertify three classes of tuna buyers in a massive price-fixing suit after finding there are potentially too many uninjured class members.

  • May 20, 2021

    DOJ Expands Poultry Probe With 2nd Corp. Indictment

    The U.S. Department of Justice announced price-fixing criminal charges Thursday against Claxton Poultry Farms, the second major poultry producer charged and the first to be indicted rather than cut a deal, although the DOJ investigation has led to 10 criminal indictments against individual executives from several companies.

  • May 20, 2021

    FTC Tells Justices To Nix Sham Litigation Exception Case

    The Federal Trade Commission has urged the U.S. Supreme Court not to review a Third Circuit ruling that AbbVie delayed generic versions of its testosterone treatment AndroGel through sham litigation.

  • May 20, 2021

    Mallinckrodt's Ch. 11 Claim Deadline OK'd Over Opposition

    A June 28 deadline for creditors of bankrupt pharmaceutical company Mallinckrodt to file proofs of claim against the company overcame objections from a group of plaintiffs alleging price-fixing damages Thursday, with a Delaware judge saying opposition to the debtor's proposed noticing procedures was unfounded.

  • May 20, 2021

    Australia Clears Salesforce's $27.7B Deal For Slack

    Australia's competition enforcer cleared Salesforce.com Inc.'s planned $27.7 billion deal for Slack Technologies Inc. after finding the companies offer complementary, not competing, software and are unlikely to stop working with other developers.

  • May 20, 2021

    Canadian Pacific Calls For KCS To Snub Rival $33.7B Bid

    Canadian Pacific Railway on Thursday reiterated that it will not get into a bidding war for Kansas City Southern and called on the target to reject a competing $33.7 billion offer from Canadian National, saying KCS is wrong to think that the interloper's proposal is a better deal.

  • May 20, 2021

    Peugeot Sues Auto Parts Makers For €632M Over Cartel

    Peugeot has sued a dozen auto-parts manufacturers for €632 million ($772 million) for allegedly driving up the prices of car safety components that it bought between 2004 and 2011, after the European authorities fined the companies for anti-competitive practices.

  • May 20, 2021

    EU Fines 3 Banks €371M For Operating Bond Trading Cartel

    The European Commission said on Thursday that it has fined investment banks Nomura, UBS and UniCredit a total of €371 million ($452 million) for violating antitrust law by colluding with four other lenders to fix the prices of government bonds.

  • May 19, 2021

    Apple's Craig Federighi Says Epic's App Store Risks Security

    Apple software engineering executive Craig Federighi testified Wednesday during Epic Games' high-stakes antitrust bench trial over Apple's 30% App Store fees that the tech giant's app review process is its "single most important" line of defense against cyberattacks and that allowing for rival app stores would be a "pretty devastating setback" for iPhone security.

  • May 19, 2021

    5th Circ. Revives Conspiracy Case Against Quest Diagnostics

    The Fifth Circuit has breathed new life into an antitrust suit against Quest Diagnostics, which accuses the medical diagnostic testing company of conspiring to strong-arm a pair of allergy testing companies out of the clinical lab market.

  • May 19, 2021

    FTC Too Busy To Scrutinize All Hospital Mergers, Sens. Told

    The Federal Trade Commission's hospital merger group is overworked and operating on outdated antitrust guidelines that make it hard for the agency to keep the rapidly consolidating industry in check, the Senate's antitrust subcommittee heard Wednesday.

  • May 19, 2021

    In Reversal, Crop Supply Antitrust Suits Paused For JPML

    "Further reflection" has spurred an Illinois federal judge to reverse course and pause several suits by farmers accusing major agricultural suppliers of working together to fix crop input prices, putting the cases on ice until the Judicial Panel on Multidistrict Litigation decides on potential consolidation.

  • May 19, 2021

    Sens. Expand Massive Tech Bill Aimed At China

    Senators have dramatically revamped a sprawling bill with well over $170 billion in funding to fuel technological and economic competition with China, including $52 billion for domestic semiconductor production and $1.5 billion for telecommunications funding along with intellectual property enforcement and boosted antitrust enforcement.

Expert Analysis

  • Pleading Tortious Interference Claims In Calif. After Ixchel

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    Last August, the California Supreme Court ruled in Ixchel v. Biogen that claims for tortious interference with at-will agreements require evidence of independent wrongful acts, and in the decision's wake we are already seeing indications that motions to dismiss such claims may become more successful, say Amanda Main and Tijana Brien at Cooley.

  • The Case For Diversity In Internal Investigation Teams

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    Teams that represent differing backgrounds can uniquely strengthen internal investigation processes with more thorough deliberation, better interviewee trust-building and more effective problem-solving, so law firms and clients alike must avoid the natural impulse to select homogenous groups, say Karin Portlock and Jabari Julien at Gibson Dunn.

  • Opinion

    US Should Learn From German Courts Balancing SEP Rights

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    The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.

  • 4th Circ. Opens Door To New Private Merger Enforcement Era

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    The Fourth Circuit's recent approval in Steves and Sons v. Jeld-Wen of a first-of-its kind divestiture order issued in a private lawsuit as a penalty for an anti-competitive merger may shift the law of antitrust remedies and embolden district courts and private plaintiffs, say Lauren Weinstein and Lauren Dayton at MoloLamken.

  • 5 Ways Outside Counsel Can Impress Their Clients

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    Attorneys can build lasting relationships with corporate clients by thinking of in-house counsel as project partners, adhering to a few basic communication principles and thinking beyond legal advice, says Gerry Caron, chief counsel for safety, health and environment at Cabot.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • How Cos. Can Weather Growing DOJ Labor Antitrust Scrutiny

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    In light of of the U.S. Department of Justice's increasing antitrust scrutiny of labor markets and President Joe Biden's vow to eliminate most noncompetes, companies should customize their compliance plans and review employee agreements to mitigate risk, say Eric Grannon and Adam Acosta at White & Case.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • EpiPen Ruling Could Embolden Private Anti-Kickback Claims

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    A Minnesota federal court's recent EpiPen decision, allowing private litigants to assert Anti-Kickback Statute violations, could expose companies to novel and aggressive AKS theories over which federal prosecutors have historically exercised discretion, say Allan Thoen and Callan Stein at Troutman Pepper.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Transaction Toolkit For A More Litigious M&A Environment

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    As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Opinion

    11th Circ. Should Reconsider Remote Arbitration Subpoenas

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    In light of the pandemic and resulting advancements in teleconferencing practices, the Eleventh Circuit should consider revisiting its 2019 ruling in Managed Care Advisory Group v. Cigna Healthcare, which mandated in-person hearings for third parties' subpoena compliance, says Suzanne Wynn Ockleberry at Wynn Arbitration.

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