Competition

  • December 02, 2022

    DC Circuit Sends Grid Connection Cost Order Back To FERC

    A D.C. Circuit panel ruled Friday that the Federal Energy Regulatory Commission needs to better explain why it allowed Midwest transmission owners to choose how needed upgrades are funded when new power generation projects connect to the grid.

  • December 02, 2022

    Attys' $39M Fee Bid Granted In Interest Rate Case

    The Lowey Dannenberg PC attorneys who brokered a $91 million settlement of investor claims that 13 major banks manipulated two Singapore interest rate benchmarks will receive nearly $38.9 million from the overall $155 million settlement fund for their work on the case, a Manhattan federal judge has decided.

  • December 02, 2022

    Google Takes $4B Android Fine Appeal To EU Top Court

    Google is appealing a European court's decision to uphold a record-breaking antitrust fine over claims the company imposed contractual restrictions on phone manufacturers that rely on its Android mobile phone operating system to cement its dominance over general internet searches.

  • December 02, 2022

    Raytheon Manager, Staffing Execs Can't Slip No-Poach Counts

    A Connecticut federal judge refused Friday to toss charges accusing a former Raytheon manager and staffing firm executives of a conspiracy restricting hiring of engineers, notching the U.S. Department of Justice another win in developing criminal "no-poach" case law even as it struggles to win jury convictions.

  • December 02, 2022

    FTC Eyes Expanded Enforcement Efforts But Questions Loom

    The Federal Trade Commission recently declared it will take a new approach to policing "unfair methods of competition," a move that broadened the agency's view of very old law.

  • December 02, 2022

    Interest Rates Doom Lender, Crypto Winter Persists

    Rising interest rates forced a reverse mortgage lender into Chapter 11, cryptocurrency platform BlockFi succumbed to the downfall of exchange FTX Trading, and FTX itself faced calls for an examination of its collapse. This is the week in bankruptcy.

  • December 02, 2022

    FTC Scrutinizes $5.2B Purchase By Natural Gas Producer EQT

    The U.S. antitrust regulator is seeking more answers on EQT Corp.'s proposed $5.2 billion purchase of Tug Hill's upstream and XcL's midstream oil and gas assets, according to a Friday filing with the U.S. Securities and Exchange Commission.

  • December 02, 2022

    Judge Boots Atty Irking Court With 'Unnecessary Problems'

    A North Carolina federal judge has pulled approval for an out-of-state attorney to represent a real estate investment firm found in a civil trial to have rigged foreclosure sales after she said he failed to give his client requests for information and vexed the court with illegible briefs and personal attacks on opposing counsel.

  • December 02, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Credit Suisse sue collapsed bank Greensill, a breach of contract claim from five former club managers kick off against Watford Football Club, and the Financial Services Compensation Scheme bring legal action against AXA. Here, Law360 looks at these and other new claims in the U.K.

  • December 02, 2022

    EU Sets Out Plans For Penalizing Russian Sanctions Violators

    The European Commission mapped out proposals on Friday to harmonize criminal offenses and penalties for sanctions violations after the bloc agreed earlier in the week to make failure to enforce penalties against Russia and other countries a bloc-wide crime.

  • December 02, 2022

    Yale Lock Owner Sells Units To Clear $4.3B US Hardware Deal

    Swedish locks giant Assa Abloy said on Friday that it will sell some of its businesses to a security company for $800 million in response to opposition from the U.S. Department of Justice over its planned $4.3 billion deal to buy divisions of a home products firm.

  • December 01, 2022

    DC, Calif., Ill. AGs Try Again To Block Albertsons' $4B Payout

    The District of Columbia, California and Illinois again asked a D.C. federal judge to block Albertsons' planned $4 billion shareholder payout, arguing Thursday that while their temporary restraining order was rejected, they're entitled to a preliminary injunction because further investigation shows the dividend will harm Albertsons.

  • December 01, 2022

    IP Forecast: Jury To Hear Apple-Ericsson Licensing Battle

    A federal jury in Marshall, Texas, next week will hear long-simmering arguments from Apple that Ericsson isn't licensing its assortment of cellular patents considered essential to 4G and 5G standards at fair, reasonable and non-discriminatory rates.

  • December 01, 2022

    Unions Call Tegna Deal 'Template' For Hedge Funds

    Unions opposing broadcast company Tegna's $8.6 billion go-private deal with hedge fund Standard General have told a member of the Federal Communications Commission the deal would provide a "template" for hedge funds to buy up, hollow out and then exit their investments in local journalism.  

  • December 01, 2022

    DirecTV Streamers Join Tying Fight With Disney Over ESPN

    Walt Disney Corp. has been hit with a proposed antitrust class action in California federal court accusing the company of a scheme to hike streaming live pay television prices through a series of agreements with competitors that required them to carry its ESPN channel on their platforms.

  • December 01, 2022

    Exporters Benefit As Commerce Unwinds Thai Pipe Duties

    Two Thai exporters of steel pipes won a 60% reduction in anti-dumping duties after an unrelated Federal Circuit decision spurred the U.S. Department of Commerce to reconsider its position, despite a U.S. company's opposing view of the decision.

  • December 01, 2022

    Alsup Won't Let Meta, OnlyFans Off The Hook In Blacklist Suit

    Meta Platforms Inc. and OnlyFans cannot escape a California federal lawsuit accusing them of orchestrating a conspiracy to blacklist certain adult film stars from advertising on Facebook and Instagram, U.S. District Judge William Alsup ruled Wednesday, saying the complaint shows a paper trail of bribes to Meta executives.

  • December 01, 2022

    Wilson Sonsini Atty Blasts Under Armour Docs 'Harassment'

    A Wilson Sonsini Goodrich & Rosati PC attorney accused Under Armour of harassing him and the firm on Wednesday, seeking to quash a subpoena in an antitrust case the sportswear giant says is based not on his work for plaintiff Multiple Energy Technologies but his partial ownership in it.

  • December 01, 2022

    YouTube Wants Anti-Piracy Suit Tossed

    YouTube asked a Florida federal court Wednesday to hit the fast-forward button in a suit claiming the video sharing platform pirated several Mexican and Latin American films and grant summary judgment in YouTube's favor.

  • December 01, 2022

    Over 20 Groups Urge FTC To Block Kroger-Albertsons Deal

    More than 20 advocacy groups on Thursday sent a letter to the Federal Trade Commission urging it to block the proposed nearly $25 billion merger between grocery giants Albertsons and Kroger.

  • December 01, 2022

    CMA Wants NEC To Sell Units After £62M Software Deal

    Britain's competition enforcer said Thursday that NEC Software Solutions UK Ltd. will have to unload a pair of business units in order to restore competition for the supply of software used by emergency service providers following a completed £62 million ($75.8 million) deal.

  • December 01, 2022

    NC Tenant Brings New Rent-Fixing Case Against RealPage

    A North Carolina tenant has accused RealPage Inc. and a group of large rental companies of using data analytics software to coordinate rent increases in the latest antitrust suit seeking class certification.

  • December 01, 2022

    Pharma Co. Slams Bid To Delay 'Orange Book' Delisting

    Avadel Pharmaceuticals criticized Jazz Pharmaceuticals' latest attempt to delay delisting of a patent that purportedly covers distribution of a narcolepsy drug from health regulators' so-called Orange Book, accusing Jazz of harming the public interest to protect the $5 million per day it makes from its oxybate products.

  • December 01, 2022

    Deals Rumor Mill: CoinDesk, News Corp., Liverpool FC

    Online news site CoinDesk is receiving takeover interest, a top News Corp. shareholder is worried the company will be undervalued in a potential merger with Fox Corp., and two Middle East consortiums are vying to acquire Liverpool Football Club. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • December 01, 2022

    UK Public Increasingly Willing To Join Class Actions

    British consumers are more willing than ever to join class actions against companies that breached national laws, especially in the energy and finance industries, according to a report by a British research agency published Thursday.

Expert Analysis

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • The DOJ Procurement Collusion Strike Force's Latest Steps

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    The Procurement Collusion Strike Force's recent expansion of its network of partner agencies is a further indication of the U.S. Justice Department's ongoing commitment to root out and expose anti-competitive behavior in government contracting, and bidders should expect greater scrutiny, say attorneys at Fried Frank.

  • Opinion

    Time For USPTO To End Marijuana Company TM Disclaimers

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    With federal legalization of marijuana on the horizon, the U.S. Patent and Trademark Office can protect consumers by ending its unnecessary requirement that companies disclaim trademark registration for their cannabis goods when they seek to establish brand protection for other products, say Sam Kamin and Viva Moffat at the University of Denver.

  • 5 Swiftie-Spurred Antitrust Claims Ticketmaster Could Expect

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    After Ticketmaster was unable to handle unprecedented demand for Taylor Swift tickets earlier this month, the ticketing service provider and its parent company could face new antitrust claims under five potential theories that may consequently break up their merger, say attorneys at Perkins Coie.

  • Opinion

    The Dangers Of The SEC's 'Hotel California' Docket

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    A growing backlog of cases on the U.S. Securities and Exchange Commission's administrative adjudication docket exposes the fallacy that federal agencies' in-house tribunals are worth the systematic deprivation of jury trial rights because their streamlined, efficient processes produce prompt decisions, says Russell Ryan at the New Civil Liberties Alliance.

  • DOJ Publishing Win May Mean More Labor, Salary Challenges

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    The termination of Penguin's planned $2.2 billion acquisition of Simon & Schuster may embolden a victorious U.S. Justice Department and Federal Trade Commission to challenge more transactions based on the impact on labor and salaries rather than the impact on consumer prices, say attorneys at McDermott.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • New FERC Affiliate Considerations For Public Utility Investors

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    Two recent orders from the Federal Energy Regulatory Commission significantly broaden the scope of the terms "affiliate" and "change in control," which means that investors in public utilities should reexamine their status and compliance obligations, say attorneys at Latham.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Employee Immigration Considerations For M&A Due Diligence

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    For a company going through a merger or acquisition, an immediate review of immigration issues, including compliance and impediments to employee retention, can remove several stumbling blocks known to trip up otherwise viable deals, say Elizabeth Gibbes and Miguel Manna at Parker Poe.

  • Anticipating The New Congress' Private Sector Investigations

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    With Republicans claiming a new majority in the House of Representatives in the upcoming Congress, corporates and individuals should expect a sea change in Congress' investigative priorities and areas of focus — and private sector entities can take prudential steps in the near term to best prepare for and mitigate risk, say attorneys at Latham.

  • Tale Of 2 Mergers: The DOJ Antitrust Division's Mixed Results

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    Attorneys at V&E look at the U.S. Department of Justice Antitrust Division's recent successful challenge to Penguin Random House’s purchase of Simon & Schuster, and its unsuccessful challenge to U.S. Sugar’s acquisition of Imperial Sugar — exploring the market realities, the strength of witness testimony and the affected stakeholders in each case.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • Beware FTC's Expanded Focus On Private Equity, Individuals

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    The Federal Trade Commission's recent policy statement broadening its interpretation of unfair methods of competition signals an expanded focus that could have far-reaching implications for future private equity acquisitions, as well as the potential to discourage executives from taking top positions at companies, say attorneys at Baker McKenzie.

  • Nurse Staffing Case Highlights DOJ's Antitrust Focus In Labor

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    A health care staffing company's recent guilty plea in U.S. v. Hee to a criminal violation of the antitrust laws when it entered into a no-poach and wage-fixing arrangement with a competitor shows the U.S. Department of Justice's renewed focus on labor-side antitrust violations, say Shari Ross Lahlou and Thomas Miller at Dechert.

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