Competition

  • June 09, 2022

    FTC's Khan Says Labor 'Absolutely' Part Of Merger Probes

    A year into the job, Federal Trade Commission Chair Lina Khan is defending the commission's decision to expand the types of questions the agency asks merging companies and a proposed major overhaul of merger guidelines, but is pushing back on "some misconception" that the added questions go beyond the FTC's purview.

  • June 09, 2022

    American, JetBlue Can't Duck DOJ Antitrust Suit Over Alliance

    American Airlines and JetBlue must face off with the U.S. Department of Justice at trial over antitrust enforcers' claims that their regional alliance in the Northeast is hampering competition, a Massachusetts federal judge said Thursday.

  • June 09, 2022

    CD&R Gets Final Go-Ahead For £7B Morrisons Takeover

    The U.K.'s competition regulator gave a green light Thursday to the £7 billion ($8.8 billion) acquisition of national supermarket chain Morrisons by U.S. private equity firm Clayton, Dubilier & Rice after putting the merger on ice last year.

  • June 08, 2022

    Chicken Insider Testifies About Game-Changing Meeting

    A key insider witness in a price-fixing case against five chicken executives told a Denver federal jury on Wednesday of his astonishment during a 2014 meeting where, he said, it first dawned on him that his superiors believed sharing pricing intel with competitors was "how it's done."

  • June 08, 2022

    Drug Industry Didn't Create Nation's Opioid Crisis, Judge Told

    An addiction specialist called by the defense in a bellwether trial over claims Teva, Allergan, Anda and Walgreens illegally fueled San Francisco's opioid epidemic testified Wednesday that American's drug abuse problems predate the increased use of prescription opioids and can be pinned on myriad social, cultural and mental health causes.

  • June 08, 2022

    FTC Probe Into Rx Middlemen May Spark Industry Shakeup

    Concerns that pharmaceutical middlemen inflate drug prices and harm patients have led the Federal Trade Commission to launch a probe into the largely unregulated industry, and legal experts say the move could unwind long-settled mergers and open companies up to prosecution.

  • June 08, 2022

    Agencies Pull Patent Injunction Policy Without Replacement

    The Biden administration opted Wednesday to scrap a Trump-era policy that generally promoted the right of holders of standard-essential patents to pursue injunctions blocking the use of their technology if the patents are infringed, while also abandoning a proposed alternative that would have essentially discouraged such injunctions.

  • June 08, 2022

    Exemption For ITV's Loan Profits Is State Aid, EU Court Rules

    U.K. tax breaks extended to a domestic communications group on the income from loans to controlled foreign companies were an illegal form of state aid, the European Union General Court ruled Wednesday.

  • June 08, 2022

    Giant Eagle Hits US Beef Producers With Price-Fixing Suit

    Tyson Foods Inc., Cargill Inc. and other major meat producers are using their colossal share of the market to limit beef supplies sold to U.S. wholesalers in order to inflate prices and their profits, supermarket company Giant Eagle said in a lawsuit filed Wednesday in Illinois federal court.

  • June 08, 2022

    Judge Cuts Corruption Sentence Of Ex-Ohio Democratic Boss

    A former Cuyahoga County Democratic Party leader ensnared by a federal probe into local political corruption got five years knocked off his prison sentence for bribery and other civil crimes Wednesday after a federal judge overturned two of his convictions.

  • June 08, 2022

    SEC's Gensler Previews Potential Equity Market Shakeups

    U.S. Securities and Exchange Commission Chair Gary Gensler on Wednesday outlined potentially sweeping changes to equity market structures that regulators consider necessary to improve service for less well-heeled investors, including setting up competitive auctions aimed at ensuring better prices.

  • June 08, 2022

    Lawmakers Press For Summer Vote On Tech Antitrust Bill

    Key bipartisan lawmakers in both chambers of Congress pressed on Wednesday for their tech-focused antitrust legislation to pass this summer, arguing that the measure would languish if it doesn't become law by the traditional August recess.

  • June 08, 2022

    Fortress Tells 9th Circ. Nothing Plausible About Intel Suit

    Fortress Investment Group says the Ninth Circuit shouldn't revive Intel's suit accusing it of anti-competitively aggregating, and asserting, a huge portfolio of technology patents, arguing in a brief made public Tuesday that there's been no showing that Fortress managed to control enough patents to impose royalty demands.

  • June 08, 2022

    Judge's Stock Conflict Didn't Hurt Investors, Banks Tell Court

    A New York federal judge's failure to recuse himself from a corporate conspiracy case over his wife's Bank of America stocks will be rendered "harmless" in an appellate review, lawyers for BofA and other major banks told the Second Circuit on Wednesday.

  • June 08, 2022

    Truckers Get Greenlight For Opt-In Class In UK Cartel Suit

    The antitrust court ruled Wednesday that a trucking trade group could bring an opt-in class action accusing major truckmakers of fixing prices, concluding in the long-awaited judgment that it was preferable to a rival opt-out class application.

  • June 07, 2022

    DEA Change In Opioid Policy Created Confusion, Judge Hears

    The U.S. Drug Enforcement Administration created "confusion" internally and with prescription drug distributors when it began requiring new suspicious order monitoring systems as opioid use surged around 2006, a San Francisco judge heard Tuesday in recorded testimony played during a bellwether opioid bench trial.

  • June 07, 2022

    Chicken Execs 'Ganged Up' To Fix Prices, 3rd Jury Hears

    Federal antitrust prosecutors began their third try at a criminal price-fixing trial against chicken executives Tuesday in Denver, unveiling a pared-down case that men from two companies "secretly ganged up" to gouge KFC because they knew each other — and to make money.

  • June 07, 2022

    Apple's $100M Deal Gets OK, $27M Atty Fee Bid Hits Bump

    A California federal judge said Tuesday she'll approve Apple's $100 million deal resolving class antitrust claims by app developers, but told class counsel she wants more information about the "math" behind their $27 million attorney fee request and how much their fee bid will reduce claims by small app developers.

  • June 07, 2022

    Judge Shreds Gibson Guitar Co. Over 'Baseless' TM Claims

    A federal judge in Michigan said the company that owns the design of the iconic Gibson guitar will have to face antitrust claims from a longtime rival founded by ex-employees, repeatedly calling Gibson's trademark counterclaims "objectively baseless." 

  • June 07, 2022

    Crypto Bank Sues Fed Over 'Kafkaesque' Account Delay

    A cryptocurrency bank that received one of Wyoming's first special-purpose depository institution charters sued the Federal Reserve on Tuesday, accusing the central bank of illegally slow-walking its application for access to critical payment services offered to other banks.

  • June 07, 2022

    AGs' Disgorgement Claim Axed In Drug Price-Fixing Case

    The Pennsylvania federal judge overseeing sprawling price-fixing litigation against generic-drug makers on Tuesday tossed a disgorgement claim brought by state attorneys general, but kept alive their claim for injunctive relief.

  • June 07, 2022

    Apple Calls SG's Resistance 'Regrettable Disregard' Of Law

    The solicitor general's recommendation that the U.S. Supreme Court turn down Apple's petition over appellate standing in a patent portfolio licensing fight with Qualcomm is a "regrettable disregard" of high court precedent, Apple has told the justices.

  • June 07, 2022

    Advocates Blame 'Smear Campaign' For Hobbled FCC

    A public advocacy group blasted Senate Democrats for failing to move President Joe Biden's languishing nominee to the Federal Communications Commission, noting that it's been more than 500 days into his administration and the FCC still isn't fully functioning.

  • June 07, 2022

    FTC To Probe Pharma Middlemen Over High Drug Prices

    The Federal Trade Commission said Tuesday it has launched a probe into the business practices of vertically integrated pharmacy benefit managers, requiring the six largest companies in the industry to hand over business records to help the agency determine whether they are negatively impacting affordability and access to prescription drugs.

  • June 07, 2022

    Oracle Closing $28B Cerner Deal After Antitrust Nods

    Oracle Corp. said it plans to close its $28.3 billion acquisition of medical records giant Cerner Corp. on Wednesday, about a week after receiving the last required approvals for the transaction from antitrust enforcers.

Expert Analysis

  • 4 Ways To Preserve Confidentiality Of Litigation Funding Docs

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    Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital.

  • Drafting Negative Limitations After Novartis Patent Ruling

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    Following a recent Federal Circuit split decision that a Novartis drug patent had an adequate written description even where it was silent on dosing, practitioners should proceed with caution when adding negative claim limitations during preparation or prosecution, says Warren Woessner at Schwegman Lundberg.

  • Rebuttal

    Remote Hearings Are Ill-Suited Default For Litigation Realities

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    A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark​ Eisen at Benesch Friedlander.

  • Perspectives

    ABA's New Anti-Bias Curriculum Rule Is Insufficient

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    The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

  • Georgia Direct Sales Bill Could Be Boon To EV Makers

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    A bill pending in the Georgia Legislature that would allow more direct sales by qualified manufacturers of zero-emission motor vehicles could, if adopted, lure more electric vehicle companies and associated businesses to the state, say Jason McCarter and Hannah Krasny at Miller & Martin.

  • Internet Regulation Bills Would Bring New Risks To Tech. Cos.

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    In light of proposed internet regulation legislation that is likely to pass this year — including a bill that would expose technology providers to lawsuits based on third-party posts of illegal content — companies can mitigate additional scrutiny, regulatory burdens and liability by implementing several compliance best practices, says Richard Donoghue at Pillsbury.

  • Opinion

    Remote Hearings Should Be The Default In Civil Litigation

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    The Federal Rules of Civil Procedure impose an affirmative duty on courts to eliminate undue cost, so remote hearings should be the default in civil litigation even after the pandemic, while in-person hearings must justify their existence, says Joshua Sohn at the U.S. Department of Justice.

  • Nev. Filing Hints At DOJ's Employee-Noncompete Stance

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    A recent U.S. Department of Justice statement of interest in a Nevada case involving anesthesiologists offers insight into how the agency might evaluate the use of noncompete agreements when the employer could be viewed as having market power in a labor market or its noncompete agreements affect an appreciable portion of a market, say attorneys at Paul Weiss.

  • Attorneys Today Need To Depose Like There's No Tomorrow

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    With people leaving the workforce in droves amid the “Great Resignation” and with younger workers less inclined to stay in one place for long, attorneys need to adjust their deposition strategies to minimize risks of losing crucial witnesses who may move on from a client or opponent company before a case goes to trial, say Anthony Argiropoulos and Maximilian Cadmus at Epstein Becker.

  • Parsing Recent DOJ Statements On Monopolistic Conduct

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    Andre Geverola and Javier Ortega at Arnold & Porter provide context for the U.S. Justice Department's recent statements on enforcement against monopolistic conduct, as well as guidance on how the DOJ is likely to focus its attention moving forward.

  • Mitigating Antitrust Risk In Defense Deals Amid Scrutiny

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    Attorneys at McDermott look at how the Biden administration's calls for tougher antitrust enforcement may affect M&A, teaming agreements and labor practices in the aerospace and defense sector, and offer tips for navigating the new era.

  • Opinion

    Meta Market Cap Drop Fuels Argument For An Antitrust Tweak

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    Meta Platform's recent market capitalization drop illustrates how the antitrust bills winding their way through Congress might be more realistic if they eliminated the minimum market cap threshold that exempts companies from scrutiny, says Dave Rochelson at Robins Kaplan.

  • Key Takeaways On Antitrust Reform Efforts In Alcohol Markets

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    An area of concern since the end of Prohibition, the U.S. wine, beer and spirits sector should prepare for a tougher antitrust enforcement environment, as recent U.S. Treasury Department recommendations indicate increasing scrutiny of even smaller deals and vertical transactions, say attorneys at Sheppard Mullin.

  • How Attorneys Can Ethically Terminate A Client Relationship

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    As illustrated by Dentons’ recent request to withdraw from its representation of a casino mogul in Bartlit Beck v. Okada, terminating client relationships prematurely can be tricky and met with skepticism in the courts, but following certain best practices can make the process a little less painful for everyone involved, says Trisha Rich at Holland & Knight.

  • China's Strict Scrutiny Of Semiconductor Deals May Intensify

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    Chinese scrutiny of competition in its economically crucial semiconductor industry can be more stringent than that of the EU and U.S., a trend that is expected to continue and even intensify, and recent remedy cases offer some key insights for companies currently under merger review, say attorneys at Tian Yuan.

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