Competition

  • May 04, 2021

    Hagens Berman Mishandled $52.8M, Disk Drive Objector Says

    An objector who successfully appealed $52.8 million in attorney fees and costs awarded to Hagens Berman Sobol Shapiro LLP for $205 million in optical disk drive price-fixing settlements told a California federal court that the firm's unwillingness to relinquish the disputed funds appears to be "the largest attorney-client misappropriation in history."

  • May 17, 2021

    HP Says Ex-Worker Lacks Facts To Prove No-Poach Claims

    HP Inc. urged the Ninth Circuit on Monday not to revive a laid-off worker's proposed class action alleging the technology giant cut a "no-poach" deal with a 3D-printing rival, arguing the suit lacks basic facts to get past the starting gate.

  • May 17, 2021

    6th Circ. Says Auto Parts Buyers Can't Bring Price-Fixing Suit

    The Sixth Circuit reversed a Michigan federal court decision that kept alive claims in a putative class action alleging price-fixing for rubber parts used to reduce engine and road vibration, ruling that classwide settlements with all end-payor purchasers in the broader multidistrict litigation bar this purported direct-purchaser case from going forward.

  • May 17, 2021

    Surgical Care Blasts DOJ Criminal Case Over Employee Pacts

    UnitedHealth Group unit Surgical Care Affiliates attacked the U.S. Department of Justice's defense of the government's first criminal case targeting employee nonsolicitation agreements, arguing that the prosecution is built on a flawed analogy and violates the company's due process rights.

  • May 17, 2021

    Shkreli Cos.' Ability To Pay Penalties Irrelevant, FTC Says

    The Federal Trade Commission has asked a New York federal judge to exclude a proposed expert witness in its antitrust suit against incarcerated "pharma bro" Martin Shkreli and his companies, arguing that his planned testimony regarding the companies' ability to pay any financial penalty has no bearing on the case.

  • May 14, 2021

    Apple CEO, Execs On Deck For 3rd Week Of Epic Games Trial

    Apple Inc. is expected to call its top brass and corporate CEO Tim Cook to testify before the close of evidence over the next week in Epic Games' high-stakes antitrust bench trial over Apple's App Store payment policies, with the first defense witness taking the stand after Epic wraps its case-in-chief on Monday.

  • May 14, 2021

    Apple's App Store Runs On 79% Operating Margin, Judge Told

    An accounting expert hired by Epic Games Inc. testified during a high-stakes antitrust bench trial Friday that Apple Inc.'s App Store operating margins verged on an eye-watering 79% in 2018 and 2019, based on data he said he received "directly from the files" of Apple CEO Tim Cook.

  • May 14, 2021

    7-Eleven Sparks FTC Uproar With Close Of Speedway Deal

    7-Eleven Inc.'s decision Friday to wrap its $21 billion purchase of Speedway while the FTC merger review is still underway was assailed by the Federal Trade Commission's two Democrats, but also highlighted the ideological tensions created by the panel's even split along party lines.

  • May 14, 2021

    Buyers Win Cert. In Ranbaxy Generic-Drug Antitrust Case

    A Massachusetts federal court on Friday certified classes for two groups of buyers accusing Ranbaxy Pharmaceuticals of delaying generic versions of three different drugs by manipulating the regulatory approval system.

  • May 14, 2021

    Inside The $33.7B Attempt To Wrest KCS From Railway Rival

    Canadian National has wooed Kansas City Southern with a $33.7 billion takeover proposal despite U.S. Surface Transportation Board support for a $29 billion offer from original KCS suitor Canadian Pacific, with the initial buyer saying it won't enter a bidding war.

  • May 14, 2021

    Apple Says App Store Complaints Are Just Biz Disputes

    Apple has responded to complaints voiced at last month's Senate hearing examining potential antitrust issues in app stores, telling lawmakers in a letter that witnesses for a trio of large developers were complaining about business disputes, not competition problems.

  • May 14, 2021

    Racer Wants Monitor Nixed After High Court Win Against FTC

    Convicted fraudster and former race car driver Scott Tucker told a Nevada federal court there's no more need for a monitor to oversee his assets after the U.S. Supreme Court reversed a $1.3 billion restitution award over a payday lending scheme because the Federal Trade Commission lacked authority to seek the penalty.

  • May 14, 2021

    AGs Say High Court Ruling Doesn't Weaken Drug Price Claims

    State attorneys general on Friday blasted a bid by generic-drug makers to use a recent U.S. Supreme Court ruling as a shield against the prosecutors' price-fixing claims, telling a Pennsylvania federal court that the justices' decision doesn't address the relevant law.

  • May 14, 2021

    Spirit Airlines Seeks DOT Probe Of JetBlue-American Deal

    Spirit Airlines has again urged the U.S. Department of Transportation to investigate a flight-sharing partnership between American Airlines and JetBlue, saying the deal limits competition among airlines across the United States.

  • May 14, 2021

    Del. Justices Say Dyal-Owl Rock Merger Can Go Through

    Delaware's Supreme Court upheld without elaboration on Friday the Chancery Court's April refusal to block or constrain a $12.5 billion merger of a Dyal Capital Partners affiliate and Owl Rock Capital Corp., scuttling a Sixth Street Capital bid to enjoin the deal.

  • May 14, 2021

    PBMs Aren't Ready To Throw In Towel In Preemption Fight

    As states release a flurry of bills targeting the pharmacy benefit manager industry after the U.S. Supreme Court confirmed they can oversee that sector, its lobbying group is doubling down on its argument that the Employee Retirement Income Security Act preempts such legislation.

  • May 13, 2021

    Apple's Trial Witness Drop Leaves Epic 'Scrambling'

    Epic Games Inc.'s counsel told a California federal judge presiding over a high-stakes antitrust trial Thursday that its legal team was "scrambling," after Apple Inc. dropped a scheduled witness due to what the judge characterized as an "extraordinary circumstance."

  • May 13, 2021

    Google Gets Calif. Antitrust Litigation Thrown Out, For Now

    A California federal judge on Thursday tossed a proposed class action brought by advertisers and publishers challenging Google's digital advertising business, ruling that the plaintiffs need to be more specific and narrow in their allegations, which she gave them leave to amend.

  • May 13, 2021

    Farms Denied Quick Win In Winn-Dixie's Price-Fixing Suit

    A Pennsylvania federal judge on Wednesday nixed a group of mushroom farms' bid for a partial win in a price-fixing suit brought by Winn-Dixie, finding that an ownership question pertaining to one of the farms remains an issue of material fact that cannot be resolved at this time.

  • May 13, 2021

    Bayer Tells Ill. Court Farmers' Antitrust Suits Must Go To Mo.

    Groups of farmers accusing agricultural suppliers of working together to fix crop input prices can't escape a forum selection clause planting their claims in Missouri federal court, Bayer told an Illinois federal judge in oral arguments Thursday.

  • May 13, 2021

    Senate Panel Splits On Contentious DOJ Civil Rights Nominee

    The Senate Judiciary Committee split evenly Thursday in advancing President Joe Biden's pick to lead the U.S. Department of Justice's Civil Rights Division after Sen. Ted Cruz attacked her purported views, such as comparing police to the KKK.

  • May 13, 2021

    Soccer League Says Union Talks Bar Teen's Age Limit Suit

    The National Women's Soccer League said Wednesday that a 15-year-old soccer prodigy can't use litigation to challenge the league's rule barring minors from signing with teams, telling an Oregon federal judge that court intervention would unlawfully intrude on an ongoing collective bargaining process.

  • May 13, 2021

    FTC Probing $7.2B Natural Gas Merger

    The Federal Trade Commission has asked for additional information about Energy Transfer LP's planned acquisition of fellow U.S. natural gas company Enable Midstream Partners LP, prolonging the merger review for a deal valued at $7.2 billion.

  • May 13, 2021

    Google's Fiber Deal In Iowa Hurts Competition, Telecom Says

    A Mediacom subsidiary is asking the Federal Communications Commission to review a "discriminatory" deal between West Des Moines, Iowa, and Google's internet service provider that temporarily grants Google exclusive rights to a $50 million fiber network pipeline project.

  • May 13, 2021

    Senate Panel Clears Bill Hiking Megamerger Filing Fees

    The Senate Judiciary Committee on Thursday easily advanced Sen. Amy Klobuchar's bill to raise government filing fees on the largest mergers and acquisitions in order to better fund enforcement agencies' antitrust probes.

Expert Analysis

  • 'Short Squeeze' Class Actions Face Uphill Battle

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    Brokers that recently restricted trading of GameStop and other stocks after retail investors attempted a so-called short squeeze have been hit with a spate of class actions, but the principal defenses available to brokers make it unlikely these complaints will survive in court, say attorneys at Baker McKenzie.

  • Series

    Judges On Race

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    On the heels of nationwide calls to address systemic racism and inequality, five sitting state and federal judges shed light on the disparities that exist in the justice system and how to guard against bias in this series of Law360 guest articles.

  • Law Firm Penalties On Departing Partners Just Got Riskier

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    A D.C. appeals court's recent decision in Jacobson Holman v. Gentner sharply limiting the ability of law firms to financially penalize departing partners continues a clear trend among court rulings and bar ethics opinions, and should encourage firms to review their partnership agreements for any ethical land mines, says Alan Kabat at Bernabei & Kabat.

  • How Parties Can Prep For Global FRAND Jurisdictional Battles

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    As courts worldwide increasingly vie for jurisdiction in litigation over standard-essential patents licensed on fair, reasonable and nondiscriminatory terms, parties should consider courts' capabilities, the local market's importance, and choice of law in their preferred venues, and carefully tailor remedy requests in complaints, says Brian Johnson at Steptoe & Johnson.

  • NJ Case Has Lessons On Arbitration Clauses In Atty Retainers

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    The New Jersey Supreme Court’s recent opinion in Delaney v. Dickey tracks and builds on other jurisdictions' limitations on the enforceability of arbitration provisions in law firm retainer agreements, and provides useful guidance for lawyers hoping to bind clients to arbitration, say attorneys at Harris Wiltshire.

  • Tips For Protecting Privilege When Working With Outside PR

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    As lawsuits stemming from companies' COVID-19 responses grow and businesses hire public relations firms to manage the fallout, companies and their counsel should consider strategies to best protect themselves in court — and in the court of public opinion — without stepping on a privilege land mine, say Daniella Main and Mia Falzarano at Alston & Bird.

  • 3 Procurement Priorities For Law Firms In Uncertain Times

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    As the pandemic and its associated economic disruption linger, law firm procurement teams should expand their objectives beyond purchasing and getting the best price for goods and services, to help firms become more nimble and achieve overarching strategic goals, says Lee Garbowitz at HBR Consulting.

  • Structuring Protein-Specific Life Science Partnerships

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    Forming target-based collaborations in the life sciences industry, which aim to discover and develop specific proteins to help cure diseases like COVID-19, requires careful consideration of both parties' rights and obligations, say Jeffrey Jay and Adam Golden at Hogan Lovells.

  • DOJ Action Is A Cautionary Tale On Employer No-Poach Pacts

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    The U.S. Department of Justice's recent antitrust conspiracy charges against Surgical Care Affiliates — the agency's first such indictment in relation to a no-poach agreement — reinforce recent state attorney general scrutiny of similar pacts and should serve as a warning to employers, say Eric Walz and Adam Shafran at Rudolph Friedmann.

  • Opinion

    UK Is Proof Nonlawyer Ownership Threatens Legal Profession

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    Advocates claim that nonlawyer ownership of law firms — now allowed in Arizona — will increase low-income Americans' access to legal services, but the reality in the U.K. demonstrates that nonlawyer owners are drawn to profitable areas like personal injury and create serious conflicts of interest, say Austin Bersinger and Nicola Rossi at Bersinger Law.

  • How Criminal Antitrust Compliance Is Changing

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    The recently passed Criminal Antitrust Anti-Retaliation Act's heightened whistleblower protections, along with the U.S. Department of Justice's new policy to consider corporate compliance at the charging stage, make it critical for companies to have robust compliance programs that encourage employee reporting, say attorneys at Fried Frank.

  • Remote Bar Exams Pose New Learning Disability Challenges

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    New bar exam formats necessitated by the COVID-19 crisis — going from paper to computer, in-person to remote, human to artificial intelligence proctoring — may exacerbate shortcomings in disability assessments for learning-disabled test takers seeking accommodations, says Rebecca Mannis at Ivy Prep.

  • New Ariz. Law Practice Rules May Jump-Start National Reform

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    Arizona's far-reaching new rules opening its legal sector up to nonlawyer participation may encourage other states to follow suit, with both positive and negative consequences for clients, the justice system, legal education and lawyers' careers, say Maya Steinitz at the University of Iowa and Victoria Sahani at Arizona State University.

  • And Now A Word From The Panel: Fewer MDLs, More Actions

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    A critical trend in multidistrict litigation in 2020 was a simultaneous decrease in the number of proceedings and a major increase in the number of individual actions within MDLs — from just over 130,000 at the end of 2019 to more than 340,000 a year later, says Alan Rothman at Sidley.

  • 10 Tips For Your Next Virtual Court Appearance

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    Many federal and state courts will likely embrace virtual proceedings even after pandemic-related restrictions are lifted, so attorneys should get comfortable with the virtual platforms commonly used by courts, and follow a few audio and video best practices, says Justin Heminger, a senior litigation counsel at the U.S. Department of Justice.

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