Competition

  • December 03, 2021

    Former Tyson Execs Denied Mistrial On Price-Fixing Charges

    A Colorado federal judge refused to declare a mistrial Friday for two former Tyson Foods executives battling the U.S. Department of Justice over criminal charges of fixing the price of chicken.

  • December 03, 2021

    Matsuo Agrees To Midtrial Capacitor Antitrust Payout Of $5M

    Matsuo Electric Co. Ltd. agreed to pay $5 million midway through a California federal antitrust trial to end claims that it participated in a decadelong global conspiracy to fix capacitor prices, causing direct purchasers to be overcharged by $427 million, the company announced Friday. 

  • December 03, 2021

    Motley Rice Atty To Lead PlayStation Antitrust Class

    A California federal judge appointed Michael M. Buchman of Motley Rice LLC as interim lead counsel for a consolidated antitrust class action against Sony over PlayStation digital downloads.

  • December 03, 2021

    UK Watchdog Clears Thermo Fisher's $21B PPD Deal

    U.K. enforcers have cleared lab equipment giant Thermo Fisher Scientific Inc.'s planned $20.9 billion acquisition of contract research organization PPD Inc. without flagging the deal for a deeper review of its potential impact on competition in the U.K.

  • December 03, 2021

    Apple Claims Of Epic's Control 'Simply Untrue,' 9th Circ. Told

    App developers seeking to weigh in on Epic Games' Ninth Circuit bid to stop Apple's ban on steering users to alternative payment methods blasted Apple for asserting that the coalition of developers is controlled by the video game company and should not be allowed to file an amicus brief.

  • December 03, 2021

    3rd Circ. Opens Door To Reviving Zillow Antitrust Claims

    The Third Circuit on Friday said a New Jersey federal judge was right to toss a company's antitrust claims that Zillow gave certain properties a competitive edge by not prominently displaying their market value estimates near the asking prices, but concluded that the business should have been given another chance to pursue its case.

  • December 03, 2021

    Senate Republicans Seek To Ban FTC Use Of 'Zombie Votes'

    As conservative groups push for a congressional probe into the Federal Trade Commission's practice of using so-called zombie votes, a group of Republican senators are trying to ban the practice of counting the votes of a former commissioner once they've departed the agency.

  • December 03, 2021

    Indian Competition Probe Clears Intel Of Abusive Market Move

    India's competition watchdog on Friday cleared Intel Corp. of abusing its dominant position after investigating an Indian electronics manufacturer's claims that the chip giant withheld design files needed to build Intel-compatible server boards.

  • December 03, 2021

    States Say AMG Case Can't Save Drugmakers In Price-Fix Suit

    State enforcers have told a Pennsylvania federal judge that this year's U.S. Supreme Court decision to pare the Federal Trade Commission's use of restitution powers has no impact on their pursuit of price-fixing damages against generic-drug makers.

  • December 03, 2021

    Conagra Must Face Trade Secret Suit From Schwan's

    A Minnesota federal judge has refused to toss claims against Conagra in a trade secret lawsuit over the company's hiring of a former Schwan's scientist, saying Schwan's could not have known about the alleged trade secret misappropriation before statutes of limitations ran out.

  • December 03, 2021

    2nd Circ. Upholds Dismissal Of City's Gas Price Antitrust Suit

    The Second Circuit backed a lower court's decision to dismiss an antitrust lawsuit by the city of Long Beach, California, against energy provider Total Gas & Power North America Inc., finding that the city lacked standing.

  • December 03, 2021

    Bass Pro, Sportsman's Warehouse Ax Deal After FTC Threat

    The owner of Bass Pro Shops has dropped its plan to purchase Sportsman's Warehouse in a deal valuing the outdoor specialty retailer at around $785 million after enforcers at the Federal Trade Commission suggested they'd challenge the move.

  • December 03, 2021

    Visa, Mastercard Accused Of Banking Fees Antitrust Scheme

    Visa and Mastercard took part in a price-fixing scheme for interchange fees in order to prevent competition for credit and debit card network services, Halcyon Loan Trading Fund LLC has alleged in New York federal court.

  • December 03, 2021

    3rd Circ. Preview: BLM Masks, $1.4B Award Fight End 2021

    A Pennsylvania mass transit operator, the commonwealth's banking regulator and the Bolivarian Republic of Venezuela are among the entities in December seeking the Third Circuit's input on such issues as thorny constitutional matters and a $1.4 billion arbitral award battle.

  • December 03, 2021

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

    This past week in London has seen Nintendo take on U.K. internet providers, collapsed TV company Arena take on its directors, and major fashion brands chase MasterCard for swipe fees. Here, Law360 looks at those and other new claims in the U.K.

  • December 02, 2021

    9th Circ. Rejects Oakland's Suit Over Raiders' Vegas Move

    The Ninth Circuit on Thursday put an end to a lawsuit by the city of Oakland, California, claiming the NFL and its teams violated antitrust law by allowing the Raiders to move to Las Vegas, saying Oakland simply could not afford to keep the team.

  • December 02, 2021

    DC Circ. Skeptical Of Reversing FERC Power Storage Order

    D.C. Circuit judges on Thursday questioned why they should overturn a Federal Energy Regulatory Commission order that allowed a Midwestern power grid operator to designate only currently operating energy storage plants as "transmission-only" assets, giving them what critics call an unfair competitive edge over storage facilities not yet serving the electric grid.

  • December 02, 2021

    Attys Seek $113M In Fees From Glumetza Buyers' $454M Deal

    A class of direct Glumetza buyers who scored $454 million in settlements that will end several claims that drugmakers plotted to delay the generic version of the blockbuster diabetes drug asked a California federal court Wednesday to award plaintiffs' attorneys $112.8 million in fees and $2.4 million in costs.

  • December 02, 2021

    FTC Pushing Caris Life Sciences For Merger Challenge Docs

    Caris Life Sciences is fighting a subpoena in connection with the Federal Trade Commission's challenge of the Illumina-Grail deal, arguing the broad scope of the requests puts its trade secrets at risk.

  • December 02, 2021

    Spurned Railroad Buyer Gets Chancery Case Fast-Tracked

    A would-be buyer of a freight railroad in Florida who sued in Delaware Chancery Court after the seller promised the railroad to a competitor who bid less got the case expedited Thursday after the court found the buyer's breach of contract claim plausible.

  • December 02, 2021

    Buyers Say $40M In Chicken Of The Sea Antitrust Deals Fixed

    Three groups of canned tuna buyers that reached a total of $39.5 million in deals with Chicken of the Sea in price-fixing litigation have renewed their bids for approval of the settlements after making tweaks demanded by the California federal court overseeing the case.

  • December 02, 2021

    Investors Sue In Chancery For Bitcoin Miner Layer1's Books

    Stockholders of Layer1 Technologies Inc. have sued the San Francisco-based Bitcoin mining company in Delaware, saying they need to investigate potential mismanagement involving asset transfers to Switzerland and a supply agreement with a Shanghai firm that may have hurt stockholders.

  • December 02, 2021

    Attys Win $55M Fee In Purchasers' Chicken Price-Fixing Suit

    An Illinois federal judge has awarded more than $55 million in fees to class counsel who've settled direct purchasers' chicken price-fixing claims against some major producers including Tyson Foods Inc., applauding their "exemplary" performance in a case they pursued without full confidence they'd succeed.

  • December 02, 2021

    Security Experts Say US Can't Afford C-Band Delays

    Further delays in converting C-Band satellite airwaves to wireless spectrum could give potential adversaries like China a technological advantage, national security experts warned the White House in a new letter.

  • December 02, 2021

    Stoel Rives Hires Away Federal Prosecutor In Sacramento

    Stoel Rives LLP has nabbed a litigator with more than two decades of experience as a federal prosecutor to work in its Sacramento office.

Expert Analysis

  • How To Fix Discrimination Issues In SE Power Market Plan

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    While the Southeast Energy Exchange Market recently received regulatory approval to proceed, concerns remain about discriminatory transmission access — but measures can be taken to promote balanced representation and independent oversight, say Carolyn Berry and Galen Erickson at Bates White.

  • What FTC Report Reveals About ISP Data Collection

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    The Federal Trade Commission’s recent report on the privacy practices of six internet service providers will likely affirm suspicions about consumer data collection and use, but it also touches on several points regarding user engagement, deceptive claims and antitrust that are worth drawing out, says Andrew Stivers at NERA Economic Consulting.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Inside The New UK National Security Guidance For Deals

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    Businesses involved in U.K. transactions should carefully study that nation's recent guidance on its coming National Security and Investment Act, to determine whether transactions count under one of the 17 areas deemed high-risk and requiring government notification, say Joanna Christoforou and Savas Manoussakis at Morgan Lewis.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Heading Into 2022, Fintech Antitrust Strategy Isn't Optional

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    With antitrust regulators expected to continue increased scrutiny of the fintech sector in the new year, strategies to grapple with key data privacy, open access and employment issues represent a crucial part of doing business in 2022, say Thomas Panoff and William McElhaney at Mayer Brown.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • Opinion

    4 Ways Kanter Should Clean Up DOJ Antitrust Holdups

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    Newly confirmed by the Senate, U.S. Department of Justice Assistant Attorney General for Antitrust Jonathan Kanter should clear the logjam left by his predecessor by withdrawing certain amicus briefs, reinstating previous patent policy and articulating a balanced approach to standards, says Michael Carrier at Rutgers Law School.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Examining EU's Drift Toward US-Style Employer Pact Scrutiny

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    As European Union competition authorities express enforcement interest in employment issues such as no-poach and wage-fixing agreements — which have been the subject of U.S. enforcement action for some time — companies may need to recalibrate their training and compliance programs accordingly, say attorneys at Crowell & Moring.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

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