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Competition
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November 13, 2023
DOJ Probing KKR Over Premerger Filings, Board Overlaps
KKR & Co. Inc. has told investors the U.S. Department of Justice is investigating its compliance with merger filing requirements for recent transactions and with restrictions targeting firms that hold seats on the boards of competing companies.
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November 13, 2023
W.Va. Hospital Asks Judge To Enforce Settlement With Doctor
A West Virginia hospital urged a federal judge Friday to order a doctor to sign a $300,000 settlement agreement, contending the doctor refused to settle even after the hospital agreed to the financial demand relayed by his attorney.
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November 13, 2023
IQVIA Says FTC Using Narrow Market Definition To Bar Merger
IQVIA Holdings has asked a New York federal judge to deny the Federal Trade Commission's bid to pause a merger between the world's largest health care data provider and Propel Media, arguing that the FTC has failed to show the putative deal would quell competition.
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November 13, 2023
Aerospace Co. Can't Get Trade Secrets Win Over Ex-Exec, Yet
A New Jersey federal court refused an aerospace company's efforts to temporarily force its ex-president to hand over allegedly stolen trade secrets Thursday, but allowed it to continue pursuing claims that its confidential information was being misused.
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November 13, 2023
Shoppers Defend Challenge Of $25B Kroger, Albertsons Deal
Shoppers told a California federal court that their renewed suit seeking to block Kroger's $24.6 billion purchase of Albertsons alleges the merger would reduce competition in national and local grocery store markets, resulting in higher prices and other harm to consumers.
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November 13, 2023
Wright Harassment Accusers Want His Defamation Suit Sunk
Former George Mason University law professor Joshua Wright can't win the $108 million he is seeking in a defamation suit against two women accusing him of sexual misconduct because their accusations are protected by a state law shielding speech on matters of public concern, according to the women.
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November 13, 2023
Biden Admin Wins Reversal On Solar Safeguard Expansion
The Federal Circuit on Monday rolled back a trade court decision that blocked the White House from expanding safeguard tariffs on solar equipment, invoking its deference to the executive branch's interpretation of statutes.
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November 13, 2023
High Court Asks SG To Weigh In On US Soccer Antitrust Row
The U.S. Supreme Court on Monday invited the solicitor general to weigh in on whether it should hear the U.S. Soccer Federation's fight to stave off an antitrust lawsuit against it by a sports event promoter.
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November 10, 2023
Judge Clears Phone Networks Of Collusion Against Retailer
A High Court Judge dismissed Friday all claims that the U.K.'s biggest mobile phone operators breached competition law and unlawfully colluded when they pulled out of supplying a retail chain that later collapsed into administration.
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November 10, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Barclays and Santander face the music in a group claim from investors involved in a failed film-financing scheme, AmTrust bring legal action against the insurer of failed law firm Pure Legal, and investment bank Greenhill begin legal action against shuttered law firm Ince Gordon Dadds. Here, Law360 looks at these and other new claims in the U.K.
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November 10, 2023
Top EU Court Trims Telecom's €125M 'Gun-Jumping' Fine
The European Union's highest court has trimmed an antitrust fine of €125 million ($133 million) handed to a French telecoms provider that went ahead with its purchase of a Portuguese operator before gaining merger clearance.
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November 09, 2023
Google In-House Attys Joked About 'Fake Privilege,' Jury Told
Two in-house Google lawyers communicating on an internal company chat joked about "fake privilege" — a practice of unnecessarily involving a lawyer in a matter to make it confidential — an attorney for Epic Games showed jurors in a California federal antitrust case against the tech giant.
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November 09, 2023
Koch Settles DOJ Claims Over Chicken Grower Exit Fees
Koch Foods has settled antitrust allegations from the U.S. Department of Justice accusing the company of charging anti-competitive and unfair fees to chicken farmers looking to work with competing poultry processors.
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November 09, 2023
AARP, Others Bash AstraZeneca's Drug Pricing Challenge
Nine health care experts and the AARP in briefs filed Thursday asked a Delaware federal court to reject AstraZeneca's challenge to the Inflation Reduction Act's provision allowing the government to negotiate drug prices with pharmaceutical companies.
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November 09, 2023
Agri Stats Wants Enforcement Action Moved To Illinois
Agri Stats has asked a Minnesota federal court to transfer the government's case accusing the company of operating an illegal information exchange for meat processors to Illinois, where a judge has already rejected similar claims in multidistrict litigation over chicken prices.
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November 09, 2023
FCC Chief Counters Hill Critics On Net Neutrality Rules
The head of the Federal Communications Commission fired back at congressional critics of her plan to reinstate net neutrality rules, saying the move would address "several glaring regulatory gaps" left open by earlier Republican policies.
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November 09, 2023
Trade Agency Advances Probe Into Fujifilm's Printing Plates
The U.S. International Trade Commission on Thursday advanced an investigation into printing plates from Fujifilm and other Chinese and Japanese producers, preliminarily ruling the products could be harming the U.S. industry, including Fujifilm's longtime rival, Kodak.
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November 09, 2023
AI Could Expand Price-Fixing To Less Concentrated Markets
The rise of algorithmic pricing is expanding the possibility of anti-competitive price coordination beyond concentrated markets to highly diverse sectors where collusion, tacit or otherwise, may have previously been impossible, a U.S. Department of Justice criminal antitrust enforcement official said Thursday.
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November 09, 2023
Regeneron Hits Rival With Patent Suit Over Eye Med Generic
Regeneron accused a South Korea-based rival of infringing a slew of patents covering the American biotech company's top eye medication in a new lawsuit filed in West Virginia, claiming that its Eylea product has exclusivity until mid-2024.
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November 09, 2023
Pro-Market Groups Prod 5th Circ. To Ax SEC Hedge Fund Rule
Federal regulators overstepped their authority and botched the regulatory process by enacting requirements on private investment funds tailored for wealthy, sophisticated customers and the new rules should be revoked, multiple pro-business groups have told the Fifth Circuit.
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November 09, 2023
Tenants Oppose Landlords' Dismissal Bids In RealPage MDL
Renters accusing RealPage Inc. and a series of landlords of colluding to control rental costs across the country hit back this week at a bevy of recent requests to toss their case, telling a Tennessee federal judge their updated complaint is sufficiently pleaded and that their claims are in the proper jurisdiction.
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November 09, 2023
Off The Bench: Fla. Gambling, NIL Class Cert., MLB Settlement
In this week's Off The Bench, Florida sports betting returns amid a pair of heated disputes, athletes challenging the NCAA's name, image and likeness restrictions score a huge class certification, and Major League Baseball abruptly settles a closely watched antitrust fight.
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November 09, 2023
Vans And Walmart Reach Settlement In Sneaker Knockoff Suit
Skateboarding shoe and apparel company Vans and retail giant Walmart told a California federal court that they had reached a settlement in a trademark suit accusing the retailer of selling knockoffs of Vans' popular sneakers ahead of a Nov. 28 scheduled trial.
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November 09, 2023
What The MLB Antitrust Settlement Leaves In Its Wake
The sudden settlement of a case aiming to unwind Major League Baseball's antitrust exemption at the U.S. Supreme Court has left a slew of plaintiff attorneys and advocates deflated, as many sensed a sincere appetite from the justices to rewrite a century's worth of competition law.
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November 09, 2023
Deals Rumor Mill: Shein, Siemens, BioMarin
Clothing company Shein hopes for a valuation of up to $90 billion for an initial public offering, Siemens could be sold at a valuation of $8 billion, and Elliott builds a billion-dollar stake in BioMarin. Here, Law360 breaks down these and other notable rumors from the past week.
Expert Analysis
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Colorado Antitrust Reform Carries Broad State Impact
Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.
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Regulating AI: An Overview Of Federal Efforts
The U.S. has been carefully managing a national policy and regulatory ecosystem toward artificial intelligence, but as AI technology continues to expand into our everyday lives, so too has its risks and the need for regulation, says Jennifer Maisel at Rothwell Figg.
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Opinion
Merger Guidelines Should Provide For Competition Trustees
Following the U.S. antitrust agencies' release of draft merger guidelines, retired U.S. Court of Federal Claims Chief Judge Susan Braden suggests a court-appointed competition trustee would help ensure U.S. competition without impairing economic prosperity.
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Senate Hearing Highlights Antitrust Hazards In PGA-LIV Deal
The U.S. Senate's recent questioning of PGA Tour COO Ron Price on the proposed deal with LIV Golf and its release of a dossier of framework agreements covered a variety of issues that could exacerbate antitrust concerns, including the predatory purchasing theory of competitive harm, free-riding and alternate funding, say attorneys at Perkins Coie.
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Indivior Ruling May Affect Rebate Wall Litigation
A New Jersey federal court's recent decision in Indivior v. Alvogen, in which a claim that an alleged rebate wall anti-competitively blocked generic competition survived summary judgment, may provide a blueprint for successfully challenging other drug rebating practices, say Peter Herrick and Monsura Sirajee at O'Melveny.
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Investors With ESG Aims Should Heed Antitrust Reporting Rules
As investors globally are embracing environmental, social and governance investing, regulatory agencies have made clear that ESG initiatives are not immune from antitrust scrutiny, and investors cannot count on receiving special exemptions from the Hart-Scott-Rodino Act reporting requirements, say Jonathan Gleklen and Francesca Pisano at Arnold & Porter.
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US Antitrust Approach Toward ESG Clashes With EU Stance
A comparison between how EU and U.S. antitrust enforcers have approached companies' cooperative environmental, social and corporate governance efforts highlights America's comparatively harsh stance, contributing to a difficult compliance climate for international businesses, say attorneys at Steptoe & Johnson.
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Merger Guidelines' Broad Tack Ignores Recent Precedent
The U.S. Justice Department and Federal Trade Commission's new proposed merger guidelines are consistent with the Biden administration's expansive approach to antitrust enforcement, but they fail to grapple meaningfully with much of modern economic precedent and court decisions requiring greater agency rigor in merger analysis, say attorneys at Freshfields.
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What's Causing EU-US Impasse On Steel And Aluminum
The EU and the U.S. have made limited progress in negotiating for a Global Arrangement on Sustainable Steel and Aluminum, and they face high obstacles to meeting the fast-approaching October deadline, say attorneys at Akin.
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Parsing FTC's Intercontinental-Black Knight Merger Challenge
The Federal Trade Commission's recent Article III case challenging a merger between Intercontinental Exchange and Black Knight suggests the agency is using a structuralist approach to evaluate the merger's potential anti-competitive harm, says David Evans at Kelley Drye.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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FERC Order Affirms Increased Scrutiny Of Investor-Utility Ties
A recent Federal Energy Regulatory Commission order confirming more aggressive scrutiny of investors' exercise of control over public utilities through representation on their boards or the boards of companies holding interests in them means that both investors and utilities face significantly heightened compliance obligations, say attorneys at Akin.
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The Case For Quantifying The Impact Of 'Dark Patterns'
Recent lawsuits alleging that Amazon and Audible used so-called dark patterns to deceive customers show that federal agencies and consumers are actively challenging such conduct, and quantifying its impact on purchase decisions is an important step toward using an evidence-based approach for determining the appropriate level of deterrence, say economists at Brattle.