Competition

  • June 13, 2022

    House Sends Ocean Shipping Reform Bill To Biden

    The U.S. House of Representatives approved bipartisan legislation Monday that would strengthen the Federal Maritime Commission's oversight authority and crack down on ocean container carriers' business practices that lawmakers contend have contributed to the supply chain crunch and rising costs for shippers and consumers.

  • June 13, 2022

    DaVita, Ex-CEO Need Civil Case OK To Destroy Criminal Docs

    Kidney dialysis company DaVita Inc. and its former chief executive have asked an Illinois federal judge for a protective order requiring the government to preserve information from its criminal antitrust case now being sought in civil no-poach litigation, citing obligations they have to destroy their copies of the documents.

  • June 13, 2022

    FTC Probing UnitedHealth's $5.4B Home Care Buy

    The Federal Trade Commission has requested more information about UnitedHealth Group unit Optum's $5.4 billion deal for home and hospice care provider LHC Group as the U.S. Department of Justice pushes its bid to block another Optum transaction.

  • June 13, 2022

    Finance Company Claims Georgia Rival's GC Defamed It

    The general counsel of a Georgia financing company defamed a Florida competitor and its parent company's CEO in an effort to regain a customer's business and discourage an employee who jumped ship, the competitor has alleged in a Georgia federal court.

  • June 13, 2022

    Justices Won't Consider Challenge To CRT Deal

    The U.S. Supreme Court refused Monday to consider an appeal from electronics consumers shut out of settlements between major electronics companies and buyers of televisions and computer monitors made with allegedly price-fixed cathode ray tubes.

  • June 13, 2022

    Ali Group, Welbilt $4.8B Merger Has Chance After Ice Biz Sale

    The U.K. competition regulator said on Monday that the proposed divestiture of a global ice-machine business could clear the way for a $4.8 billion merger between Italian food service equipment supplier Ali Group and Welbilt Inc. of the U.S.

  • June 10, 2022

    GoodRx Investors' Claims Over IPO Get Axed For Good

    A California judge gave a final toss to investor litigation accusing GoodRx of inflating the health care technology company's initial public offering stock price by hiding news of a rival Amazon program in the works, saying Thursday a revised complaint still lacked facts showing the defendants knew of the competitor's plans.

  • June 10, 2022

    Adidas Claims Nike Stole Run Tracking, Shoe Technology ​​​​​​​

    Adidas claims rival Nike's Run Club and SNKRS apps, as well as its app-controlled shoe adjustment system, all infringe its patented technology related to mobile fitness tracking and coaching, according to a lawsuit filed Friday in Texas federal court.

  • June 10, 2022

    States Get $853K In Pared Down Shkreli Antitrust Case Fees

    A New York federal judge signed off Friday on $853,440.80 in attorney fees for four of the states that successfully sued "pharma bro" Martin Shkreli for an anti-competitive scheme safeguarding a 40-fold price increase for a lifesaving drug, a significant reduction on the more than $2 million initially sought.

  • June 10, 2022

    Amazon Brass Face Investor Suit Over Data, Antitrust Risks

    Current and former Amazon officers and directors, including founder Jeff Bezos, have been hit with a derivative investor suit alleging they put the e-commerce giant at risk by misleading shareholders, mishandling biometric data and engaging in anticompetitive behavior.

  • June 10, 2022

    Chancery Jurisdiction Dispute Sidetracks BDO Smear Suit

    Late-inning disagreements over Delaware Chancery Court jurisdiction on Friday sidetracked a BDO USA LLP bid for sanctions against a former partner who admitted lying in deposition testimony about destroying records and evidence tied to a smear campaign against the big accounting firm.

  • June 10, 2022

    What To Watch As Push To Rein In PBMs Advances

    The Federal Trade Commission's recent decision to investigate whether pharmacy benefit managers are engaged in anticompetitive business activity is the latest in a series of developments benefits attorneys and others who deal with PBMs should be watching.

  • June 10, 2022

    Pork Producers Tell Justices Calif. Animal Care Law Must Fall

    Agriculture industry groups Friday asked the U.S. Supreme Court to strike down a California ballot initiative that banned in-state sales of meat from pigs born to mothers that are kept in confined housing.

  • June 10, 2022

    Sens. Urge Vidal To Block Drug Patent 'Thickets' Early

    A sextet of bipartisan senators has asked the U.S. Patent and Trademark Office director to make sure that drugs aren't getting more patent protection than their inventiveness calls for by taking on so-called patent thickets at the examination stage.

  • June 10, 2022

    'Fanatics' Sports Merchandise Antitrust Suits Spread To MLB

    A sports-branded goods retailer sued Major League Baseball and its principle e-commerce partner, Fanatics, for allegedly locking branded merchandise retailers out of selling through Amazon and other third-party online marketplaces, expanding suits targeting Fanatics' alleged market control from its professional football origins.

  • June 10, 2022

    Chicago Flooring Co. To Pay $1.2M For Bid-Rigging

    A Chicago-based commercial flooring contractor is set to pay a $1.2 million criminal fine after the company and its former president pled guilty to federal antitrust charges over an alleged scheme to rig bids and fix prices.

  • June 10, 2022

    Google Faces Payments Probe As UK Eyes Broader Review

    Britain's competition watchdog launched a probe on Friday into Google's app store payment rules, while teeing up a broader market investigation that could dismantle its alleged duopoly with Apple over mobile phone ecosystems.

  • June 10, 2022

    Chipmakers Escape Price-Fixing Damages Appeal

    A digital security company lost its bid to sue two computer-chip manufacturers Friday for being part of a price-fixing cartel, after a panel of appellate judges found it had run out of time to bring its claim to court.

  • June 09, 2022

    Feds' Patent Injunction Views Murky After Dropped Policies

    By discarding policy statements that either endorsed or discouraged seeking injunctions based on standard-essential patents, the Biden administration has given courts the flexibility to weigh antitrust issues in each case, yet left it unclear when the government might step in, experts say.

  • June 09, 2022

    Chancellor Notes CEO's Lie In Smear Suit Spoliation Hearing

    A former BDO USA LLP partner accused of destroying evidence tying him to a smear campaign against the company was flatly confronted with his lying by Delaware's chancellor Thursday, on the sometimes tense first day of a two-day hearing on evidence destruction sanctions.

  • June 09, 2022

    FTC Eyes Drugmaker Rebates Boosting Higher Cost Drugs

    Bolstered by a newly full roster, the Federal Trade Commission teed up one of its most ambitious open meetings in months Thursday that includes a plan to issue a new policy statement that would target rebates drugmakers pay to get their therapies prescription preference over "lower-cost" alternatives.

  • June 09, 2022

    Jury Clears Reckitt Benckiser In Trade Secret, Fraud Trial

    A New Jersey federal jury has cleared health- and hygiene-related consumer goods maker Reckitt Benckiser of fraud and trade secret misappropriation claims in a suit from Absorption Pharmaceuticals over a premature ejaculation treatment.

  • June 09, 2022

    Steel Plate Maker Urges 5th Circ. To Revive Antitrust Suit

    A steel plate producer urged the Fifth Circuit to revive its claims accusing the country's largest steel manufacturers of anti-competitive conduct, arguing a lower court wrongly refused to see its competitors' conduct for the group boycott that it was.

  • June 09, 2022

    FTC Judge Says Lives At Stake In Cancer Test Deal Challenge

    Federal Trade Commission staffers pressed their bid to block Illumina's $8 billion reacquisition of cancer testing outfit Grail during closing arguments, as the agency's administrative law judge questioned whether getting the case wrong could cost lives.

  • June 09, 2022

    UK Mulling Fixes For $4.8B Kitchen Equipment Deal

    U.K. competition enforcers are considering whether the sale of a global ice machine business fixes the concerns raised by Italian food service equipment supplier Ali Group's planned $4.8 billion acquisition of Welbilt Inc.

Expert Analysis

  • And Now A Word From The Panel: Doing The MDL Math

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    A recent decision by the Judicial Panel on Multidistrict Litigation in a labor case illustrates the hurdles faced by those seeking MDL centralization when there are relatively few underlying cases — but other factors may also influence the panel's decision on whether to create an MDL, says Alan Rothman at Sidley.

  • Opinion

    NCAA, Congress Should Do More To Guide Athlete Publicity

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    As new state laws allow college athletes the deserved opportunity to build and profit from their personal brand, the NCAA should offer players education, facilitation and assistance, especially in the absence of a needed federal framework, says Frank Darras at DarrasLaw.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

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    Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

  • How Law Schools Can Navigate Toward Equity And Inclusion

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    Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

  • Where Judge Jackson Stands On Key Civil Procedure Issues

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    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • A Look At Jackson's False Claims Act Jurisprudence

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    U.S. Supreme Court nominee Ketanji Brown Jackson's rulings in two False Claims Act cases early in her judicial career show how she meticulously parses the law and pleadings to arrive at her conclusions, and hint at her position on an important federal circuit split in FCA jurisprudence, say Brad Robertson and Giovanni Giarratana at Bradley Arant.

  • What DOJ's Shifting Stance On IP Means For SEPs, Mergers

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    Recent policy statements by U.S. Department of Justice Antitrust Division chief Jonathan Kanter, reversing the previous administration's course on intellectual property issues, raise questions for companies concerning remedies for standard-essential patents and the level of scrutiny for licensing deals in merger review, says Noah Brumfield at Allen & Overy.

  • How To Avoid Prematurely Publicizing A Case Outcome

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    The lessons of a recent U.K. case involving Matrix Chambers' premature social media posts that violated a court embargo are relevant in the U.S. as well, reminding law firms to ensure plans to publicize a case are shielded from accidental violations of court sealing and gag orders, says Elizabeth Ortega at ECO Strategic Communications.

  • The ITC's Crucial Role In Countering Russia's Aggression

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    As a recent letter from Ohio senators points out, the U.S. International Trade Commission should address the extraordinary danger Russia's litany of violations against international order present to ensure full enforcement of U.S. trade remedy laws, say Scott Kieff at George Washington University Law School and Thomas Grant at Cambridge University.

  • Opinion

    It's Time To Hold DC Judges Accountable For Misconduct

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    On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.

  • Parsing Inflation, Price-Gouging And Regulatory Scrutiny

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    Gretchen Jankowski and Melissa Ihnat at Buchanan Ingersoll discuss how rising gasoline prices during the war in Ukraine have put the spotlight on the need for federal legislation against price-gouging, and how businesses can address both compliance and pricing concerns as regulators scrutinize price increases.

  • How Multinationals Can Withstand US-China Trade Conflict

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    Multinational companies caught between conflicting trade laws as a result of growing tension between the U.S. and China should set up contingency plans and triage teams to address enforcement risk, and move forward any compliance audits they may have planned, say attorneys at Winston & Strawn.

  • Opinion

    DC Policy Debate On Competition And Antitrust Needs A Reset

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    The Biden administration's executive order on competition hinges on the idea of overconcentration, but data shows industrial concentration is a myth, and it is serving as an excuse to overregulate, says Neil Bradley at the U.S. Chamber of Commerce.

  • ESG's Function In Merger Reviews Is Likely To Grow

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    The role of environmental, social and corporate governance factors in merger analysis may expand further as the Federal Trade Commission and the U.S. Department of Justice consider revisions to their merger guidelines, particularly in markets where entry has been viewed as unlikely in the past, says Matthew List at Charles River Associates.

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