Competition

  • November 25, 2020

    EU Court Must Rethink Ruling Canceling €1.4M Cartel Fine

    Europe's highest appeals court on Wednesday told a lower court to rethink key parts of its decision nixing a cartel fine against a food processing technology company.

  • November 25, 2020

    Amazon Nears Win In EBay Fight Over Poaching Top Sellers

    An arbitration panel has awarded Amazon.com a win against eBay's claims the Seattle-based online retail giant and its managers orchestrated a massive campaign to poach top sellers from eBay's online trading platform, according to documents filed in California federal court.

  • November 25, 2020

    EU Floats IP Plan, Eyes Standard-Essential Patents

    The European Union is going to take new steps to overhaul intellectual property law in an effort to "reduce frictions" and litigation over standard-essential patents in the tech sector, the bloc's top antitrust and digital technology official announced.

  • November 25, 2020

    EU Regulatory Plan Targets Big Pharma Competition, Mergers

    The European Commission on Wednesday adopted a plan to develop a regulatory framework by 2022 to increase access to cheap generic drugs by cracking down on anti-competitive behaviors by pharmaceutical companies across the European Union.

  • November 25, 2020

    SmileDirect Tries To Save Calif. Dental Board Suit At 9th Circ.

    SmileDirectClub has told the Ninth Circuit that a California federal court was wrong to find that what the company calls a harassment campaign by the state's dental board was instead a proper exercise of its regulatory authority.

  • November 25, 2020

    Hospital, Clinic Duel Over 7th Circ. Reach In Antitrust Suit

    An outpatient center told the Seventh Circuit Tuesday that the court doesn't have jurisdiction to revive its claims against a hospital chain it accuses of negotiating insurance contracts that cut competitors out of insurance networks, saying the matter must be sent back to the district court for a new summary judgment decision.

  • November 25, 2020

    UK Antitrust Dept. Claims Authority To Ban $360M Sabre Deal

    The U.K.'s competition watchdog told an appeal tribunal Wednesday that it had lawful discretion to determine the relevant travel services at issue when it blocked travel tech giant Sabre Corp.'s proposed $360 million takeover of rival Farelogix.

  • November 25, 2020

    Calif. Airport, City Tangled In Service Monopoly Lawsuit

    A Los Angeles man and a partnership created to purchase property at a Southern California airport filed a lawsuit Tuesday against two companies that act as fixed-base operators, claiming they have monopoly control over services and operations rendered at the airport.

  • November 25, 2020

    Intuit Will Ditch Credit Karma Tax Biz To Save $7.1B Deal

    Intuit will have to sell off Credit Karma's tax business to win the U.S. Department of Justice's blessing for its $7.1 billion acquisition of the credit reporting upstart, the agency revealed Wednesday.

  • November 24, 2020

    AT&T Hit With Lawsuit Over Long-Dead 'Cingular' Trademark

    After a loss at the Trademark Trial and Appeal Board earlier this year, a company that wants to revive the brand name "Cingular" is suing AT&T Inc. for "deliberately obstructing" its right to reuse the old name.

  • November 24, 2020

    Don't Validate Price-Gouging Rules, Egg Co-Op Tells 6th Circ.

    United Egg Producers Inc. has urged the Sixth Circuit to ignore a bid by 30 attorneys general for a broad declaration that price gouging prohibitions are always a valid exercise of state policing powers, particularly during emergencies such as the ongoing COVID-19 pandemic.

  • November 24, 2020

    NY Judge 'Surprised' By Fee Application In Libor Rigging Case

    A New York federal judge wasn't happy with the amount of hours or law firms on the attorney fee bill she received in the wake of a $187 million deal with JPMorgan and other major financial institutions over claims of interbank rate rigging, but on Tuesday she granted $45 million in fees anyway.

  • November 24, 2020

    Top EU Court Says Hotel Can Sue Over Booking.com Policies

    The European Court of Justice on Tuesday gave a German hotel the go-ahead to sue Booking.com in the establishment's home country for allegedly violating German laws against abuse of market dominance rather than requiring the case to play out in Holland, where the reservation site is headquartered.

  • November 24, 2020

    Networks Say Looser Ownership Rules Could Save Broadcast

    The U.S. Supreme Court must not seal a bleak future for TV networks by maintaining Federal Communications Commission ownership restrictions that prevent local stations from combining, major broadcasters wrote in amicus briefs filed Monday.

  • November 24, 2020

    Texas Mall Accuses Simon Of Monopolizing Retailers

    A south Texas shopping center owner has requested a state court's help in preventing landlord Simon Property Group, which recently acquired J.C. Penney's operating assets, from using allegedly anti-competitive behavior to restrict retail locations and close the mall's J.C. Penney store.

  • November 24, 2020

    Mallinckrodt Ch. 11 Pauses Express Scripts Antitrust Claims

    The court overseeing Mallinckrodt's bankruptcy proceedings has paused the city of Rockford, Illinois' separate antitrust case against Express Scripts for allegedly working with the troubled drug company to inflate prices of the hormone treatment Acthar.

  • November 24, 2020

    UK Antitrust Arm Mulling Bipolar Drug Co.'s Commitments

    The U.K.'s antitrust regulator is mulling over concessions pharmaceutical company Essential Pharma has said it will make after announcing it planned to withdraw a bipolar medication from the U.K. market and to use its dominant position to increase prices of that medication.

  • November 24, 2020

    Sabre Appeals UK's Block On $360M Farelogix Deal

    Travel tech giant Sabre Corp. urged a U.K. tribunal Tuesday to quash a decision by the country's competition watchdog blocking its proposed $360 million takeover of rival Farelogix, saying the antitrust agency didn't establish it has the jurisdiction to exercise such control over the U.S. companies.

  • November 24, 2020

    Dechert Steers $15B Tie-Up Of FS KKR Biz Development Cos.

    Business development companies FS KKR Capital Corp. and FS KKR Capital Corp. II said Tuesday they plan to merge into a single entity with about $14.9 billion in assets under management, a deal arranged with help from Dechert LLP.

  • November 24, 2020

    McCormick Swallows Cholula Hot Sauce In $800M Deal

    U.S. spice giant McCormick & Co., counseled by Cleary Gottlieb, has agreed to swallow Cholula Hot Sauce from Kirkland & Ellis-advised private equity firm L Catterton for $800 million, the companies said Tuesday.

  • November 23, 2020

    Walmart's Mexico Unit Probed Over Antitrust Allegations

    Walmart de Mexico, or Walmex, said it was notified Monday that Mexican authorities are investigating it for potential monopolistic practices, according to a statement from the retailer.

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    High Court Won't Hear Walmart's Texas Liquor Law Challenge

    The U.S. Supreme Court on Monday refused to hear Walmart's case against Texas' distilled spirits regulator over a state law that the retail behemoth maintains is unconstitutional because it effectively blocks out-of-state retailers from competing with the state's own liquor stores.

  • November 23, 2020

    Sen. Feinstein Says She'll Cede Top Judiciary Committee Spot

    Sen. Dianne Feinstein, D-Calif., who faced some criticism for her role in the Judiciary Committee's hearings for Justice Amy Coney Barrett's nomination to the U.S. Supreme Court, announced Monday that she will not seek to reclaim her position as the committee's top Democrat.

  • November 23, 2020

    WGA Won't Get More Time To Fight Agencies' Injunction Bid

    A California federal court has refused Writers Guild of America's bid to delay a hearing scheduled for next month on a Hollywood talent agency's request for an order to halt the guild's alleged boycott over a dispute about how agents are paid.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • When It Comes To SEPs, Act Locally But Enforce Globally

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    Because recent standard-essential patent decisions in the U.S., the U.K., China and Germany may signal a trend toward a greater international influence on global royalty rates by individual national jurisdictions, potential licensors and licensees may need to adjust their enforcement strategies, says Mauricio Uribe at Knobbe Martens.

  • Don't Fear IP-Antitrust 'Turducken' In Reverse-Payment Cases

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    Although some judges are apprehensive of a "turducken" analysis — a patent case stuffed inside a reverse-payment antitrust action — it is procedurally viable and may be a fair way to adjudicate the antitrust liability of generic companies settling Hatch-Waxman litigation, say attorneys at Katten.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • DOJ's Visa-Plaid Challenge Shows Email Can Imperil A Deal

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    The U.S. Department of Justice used a trove of internal Visa email and other communications to show how the $5.3 billion Plaid merger might limit competition — providing a cautionary tale of how internal documents can endanger a transaction that shows few antitrust concerns on the surface, says Tammy Zhu at Medallia.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Anticipating CFPB Changes Under The Biden Administration

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    Joe Biden's presidential win and the U.S. Supreme Court's decision in Seila Law earlier this year may foretell a significant change in focus and tenacity at the Consumer Financial Protection Bureau, but as long as the U.S. Senate remains Republican-controlled, the likelihood of substantial structural change remains limited, say attorneys at Debevoise.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • M&A Poised For Growth In The Biden Era

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    The M&A market is well positioned for recovery and growth under a Biden administration and divided Congress, which will likely gain control over the coronavirus pandemic, pass a stimulus package, and provide greater transparency in antitrust enforcement, say attorneys at Debevoise.

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