Competition

  • June 07, 2022

    Fed. Circ. Hammers Thales, Philips In FRAND Patent Row

    A Federal Circuit panel on Tuesday took attorneys for Thales USA Inc. and Koninklijke Philips NV to task in their fight over whether a Delaware federal judge erred in denying Thales' bid to quash part of an International Trade Commission investigation in a dual-pronged fight over Philips' standard-essential patents.

  • June 07, 2022

    Rogers, Shaw Defend $20B Merger To Canadian Tribunal

    Telecommunications corporations Rogers Communications Inc. and Shaw Communications Inc. defended their planned $20 billion merger in Canadian antitrust tribunal proceedings, arguing that the merger won't negatively impact competition in the Canadian wireless services industry.

  • June 07, 2022

    Ill. AG Goes After More Staffing Cos.' No-Poach Pacts

    Illinois Attorney General Kwame Raoul has targeted another group of temporary staffing agencies over an allegedly unlawful no-poach conspiracy, claiming their agreement not to recruit, hire or solicit one another's workers violates state antitrust law.

  • June 07, 2022

    Google Issues Warning About Security Risks Of Big Tech Bill

    Google on Tuesday continued to criticize proposed legislation aimed at reining in the power of large technology platforms by preventing them from giving their own services an unfair advantage, contending that the bill would undermine the company's ability to keep people safe.

  • June 07, 2022

    JD Sports, Others Fixed Soccer Jersey Prices, CMA Says

    The competition watchdog preliminarily found Tuesday that retailers JD Sports Fashion PLC and Elite Sports Group Ltd. plotted with a top Scottish football club to fix the prices of the team's jerseys.

  • June 06, 2022

    9th Circ. Says Hagens Berman Fee Award Is Still Too High

    A split Ninth Circuit on Monday once again ordered a Washington federal court to recalculate an already revised $31 million fee award to Hagens Berman Sobol Shapiro LLP for securing deals in multidistrict litigation over optical disk drive price-fixing, ruling that the district court began from the wrong "starting point."

  • June 06, 2022

    Texas AG Launches Probe Into Twitter's Bot Reporting

    As Elon Musk threatens to terminate his deal to acquire Twitter because of bot accounts, Texas Attorney General Ken Paxton on Monday launched his own investigation into whether the social media company has deceived Lone Star State consumers and businesses about fake accounts on the platform.

  • June 06, 2022

    Judge Approves $5.1M Atty Fee In JPMorgan Spoofing Case

    A New York federal judge awarded $5.1 million to lawyers representing a group of futures investors who sued JPMorgan Chase & Co. over allegations of harm from a yearslong scheme by the bank's traders to manipulate the U.S. Treasury futures market.

  • June 06, 2022

    Vrbo Urges Judge To Keep Rental Suit Federal

    Vacation housing company Vrbo has asked a federal judge to deny the City of Los Angeles' request to send a case involving a city rental ordinance violation back to state court because the state has no real interest and wouldn't receive any of the relief the city seeks.

  • June 06, 2022

    Bristol-Myers Inks $10.8M Deal In Direct Buyers' Antitrust Suit

    A California federal judge gave his blessing Friday to a $10.8 million settlement resolving direct buyers' claims alleging Bristol-Myers Squibb engaged in anti-competitive conduct to block generics competition and keep HIV medication prices artificially high.

  • June 06, 2022

    Feds Decry Ex-Commissioner's Bid To Slash 28-Year Sentence

    Federal prosecutors urged an Ohio federal judge against slashing the majority of an ex-county commissioner's 28-year prison sentence for a bribery scheme, saying that recent developments in the case warranted trimming the original sentence by only a few years.

  • June 06, 2022

    Catching Up With Delaware's Chancery Court

    Controversy came to the Delaware Chancery Court as advocates panned the governor's nominee for a vacant seat. In the meantime, Lynn Tilton's management of Stila Styles got a makeover, a delivery from Amazon got a winning review, and a unanimous Delaware Supreme Court ruling may finally spell an end to TransPerfect litigation. Here's your weekly wrap up of news from Delaware's Chancery Court.

  • June 06, 2022

    FCC Asks For More Docs In $8.6B Tegna Go-Private Deal

    The Federal Communications Commission wants more documents stemming from Tegna's $8.6 billion plan to go private, after the agency pushed back a deadline to file petitions against the deal.

  • June 06, 2022

    Ill. Panel Says Staffing Cos. Can Face Antitrust Liability

    Temporary staffing agencies aren't shielded from Illinois antitrust liability for striking no-poach or wage-fixing deals, despite a carve-out for labor in the state's antitrust law, a state appeals court ruled Friday.

  • June 06, 2022

    JetBlue Tries To Topple Frontier With Improved Bid For Spirit

    JetBlue on Monday doubled down on its bid to buy Spirit Airlines and swing investors away from the latter's $6.6 billion deal with Frontier, sweetening its offer for the company by offering an increased amount of $31.50 per share in cash.

  • June 06, 2022

    Musk Steps Up Threats To Cancel Twitter Acquisition

    Elon Musk is again threatening to terminate his acquisition agreement with Twitter Inc., arguing in a regulatory filing Monday that the social media giant won't satisfy his request to prove that fake accounts are not significantly disrupting its platform.

  • June 06, 2022

    Rising Star: White & Case's Kelly Newman

    Kelly Newman of White & Case LLP's competition group has helped clients fight a number of high-stakes antitrust cases, including defeating criminal market manipulation charges against a foreign exchange trader and scoring multiple wins in class actions for clients such as Allergan, earning her a spot among antitrust practitioners under age 40 honored by Law360 Rising Stars.

  • June 03, 2022

    Illumina Wants 'Indefensible' $334M DNA IP Verdict Tossed

    Illumina urged a Delaware federal judge Friday to overturn a verdict last month finding that the biotechnology company willfully infringed two Complete Genomics Inc. DNA sequencing patents and owes $334 million in damages, saying the evidence doesn't back the jury's liability finding and the size of the damage award is "indefensible."

  • June 03, 2022

    Judge OKs Aluminum Antitrust Deal With JPMorgan, Goldman

    A New York federal judge has signed off on a deal between Goldman Sachs, JPMorgan and two major manufacturers of aluminum products to end claims that the Wall Street giants conspired with metal warehouses to "squeeze up the premiums" for the commodity.

  • June 03, 2022

    FERC Urged To Nix 'Unjust' Pipeline Capacity Bidding Practice

    Gas pipeline customer advocates want the Federal Energy Regulatory Commission to bar pipeline owners from shoehorning less desirable pipeline locations into their bidding process for prime pipeline transportation capacity, arguing the practice is anti-competitive and artificially raises prices.

  • June 03, 2022

    Twitter-Musk Deal Clears US Antitrust Hurdle

    Twitter Inc. said Friday that a federal waiting period governing the antitrust review of Elon Musk's $44 billion offer to acquire the social media giant has expired, enabling the deal to proceed with one fewer hurdle.

  • June 03, 2022

    FTC Sues To Block Hospital Mergers In NJ, Utah

    The U.S. Federal Trade Commission announced Thursday that it plans to file two separate antitrust lawsuits in federal courts seeking to block recently announced hospital mergers in Utah and New Jersey, claiming that the deals will drive up health care prices for consumers.

  • June 03, 2022

    FTC Lets $435M Fuel Terminal Deal Proceed, With Conditions

    Texas-based Buckeye Partners LP has agreed to divest some of its petroleum terminal portfolio in South Carolina and Alabama in order to gain the Federal Trade Commission's approval of its $435 million deal to acquire Magellan Midstream Partners LP's independent terminals network.

  • June 03, 2022

    Jury Awards $2.6M To Home Furnishing Co. In TM Suit

    A jury in New York federal court has awarded home furnishing company Lexington Home Brands nearly $2.6 million in a trademark suit against lifestyle brand Lexington Clothing Co. over the "Lexington" name.

  • June 03, 2022

    Consumers Say NFL, Fanatics Can't Arbitrate Monopoly Suit

    A putative class of consumers said they never agreed to arbitrate claims alleging the NFL, its teams and online retailer Fanatics Inc. conspired to monopolize the market for licensed merchandise.

Expert Analysis

  • The Key To Turning Solid Briefs Into Winning Briefs

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    Even a well-written brief can omit key facts, make tone-deaf legal arguments or ignore practical implications, so lawyers drafting motions and appeals should incorporate feedback processes akin to moot courts and jury research, says Andrew Nichols at Charis Lex.

  • Self-Evaluative Privilege May Protect Internal Investigations

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    The emerging self-evaluative privilege may help companies to protect internal communications used to improve quality and safety after the occurrence of an adverse event, but given courts' varying degrees of recognition of this privilege, there are inherent risks in relying on it, say attorneys at Butler Snow.

  • Retailer Risks When Enforcing E-Commerce Terms Of Use

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    As the pandemic-fueled e-commerce boom continues, online retailers may turn to terms of use agreements to mitigate risks like data breaches and accessibility claims, but enforcing them can raise two significant areas of exposure, say attorneys at Hunton.

  • 2022 State AG Elections May Shift The Regulatory Landscape

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    The majority of state attorneys general offices are up for election this year, and given the outsize role these enforcement officials play in our nation's regulatory system, the outcome of these races could drastically change the landscape, and businesses should consider a proactive oversight strategy, say attorneys at Troutman Pepper.

  • Walter Dellinger's Little-Known, Outsize Impact On Legal Aid

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    The late Walter Dellinger’s pro bono work distinguishes him forever, but his greatest moment involved a little-known U.S. Supreme Court case, Brown v. Legal Foundation of Washington, which helped preserve one of the largest sources of legal aid funding — and Dellinger’s arguments were as magical as the program he helped save, says David Lash at O'Melveny.

  • The Challenges Facing European M&A Despite Boom

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    While Europe's wave of M&A shows no sign of abating, stricter antitrust and national security reviews number among the factors that may pose obstacles for some deals, potentially altering the calculus for both buyers and sellers, say Bruce Embley and Chetan Sheth at Skadden.

  • Why I'll Miss Arguing Before Justice Breyer

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    Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

  • What To Expect From FTC Unfair, Deceptive Acts Rule Plans

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    The Federal Trade Commission recently announced its intent to begin three new rulemakings on unfair or deceptive acts or practices, potentially establishing a framework to expand its regulatory and enforcement leverage, so nearly every business operating in interstate commerce should take steps to prepare, say attorneys at Harris Wiltshire.

  • Opinion

    More Antitrust Scrutiny Of Pharma Won't Help Patient Health

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    The Federal Trade Commission's recently announced efforts to ramp up reviews of mergers and other agreements in the pharmaceutical industry — under the guise of enforcing antitrust and unfair competition laws — may seem like good ideas, but will not necessarily decrease drug prices and will hurt companies' ability to develop important new treatments, says Kristen Osenga at the University of Richmond.

  • Wrestling Suit May Be Round 1 Of Antitrust Scrutiny For WWE

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    While Major League Wrestling's antitrust lawsuit against World Wrestling Entertainment is still in the early stages, U.S. antitrust enforcers' recent general stance on competition indicates that state or federal regulators could be willing to step into the ring with WWE, says Jordan Passmore at Clifford Chance.

  • Recent Rulings Show Lawyer Criticism Of Judges Is Perilous

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    Although many lawyers may believe the First Amendment broadly protects their opinions and good faith criticism of judges, recent sanctions decisions from courts across the country suggest lawyers are at greater risk of discipline for criticizing judges than they have been in the past, says John Harris at Frankfurt Kurnit.

  • How NCAA Can Avoid Athlete Compensation Antitrust Issues

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    As demonstrated by a young soccer player's recent case against the National Women's Soccer League in Oregon federal court, if the NCAA treats athletes as employees and uses collective bargaining, the organization could shape the future of name, image and likeness compensation without running afoul of antitrust laws, says Eric Mills at Miller Nash.

  • Breyer's Role In Courthouse Design Sets A Judicial Template

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    As U.S. Supreme Court Justice Stephen Breyer prepares to retire, his pivotal role two decades ago in the design of the award-winning John Joseph Moakley U.S. Courthouse in Boston demonstrates how the judiciary can engage in civic architecture and specifically the design of courthouses, says Kate Diamond at HDR.

  • Opinion

    Neo-Brandeisians' Antitrust Stance Strays From Namesake

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    Although the Federal Trade Commission's antitrust progressives, known as Neo-Brandeisians, have announced an agenda echoing Justice Louis Brandeis' sympathy for labor and hostility to big business, they are straying from his jurisprudence in several important ways, says Kelley Drye's William MacLeod, a former FTC bureau chief.

  • Opinion

    Time To Nix Antitrust Policies That Fueled Blocked Nvidia Deal

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    Antitrust authorities were wise to block Nvidia's purchase of Arm Holdings, but if regulators want to deter future consolidation in the wireless communications industry, they shouldn’t revive policies that endanger the viability of licensing-based business models, says Jonathan Barnett at the University of Southern California.

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