Competition

  • June 14, 2024

    Japan's Kirin Plans $1.4B Fancl Purchase Amid Health Kick

    Kirin Holdings Co. said Friday that it plans to buy the remaining shares it doesn't own in Fancl Corp. for about $1.4 billion, part of the Japanese beverage giant's continued push into the consumer health sector.

  • June 14, 2024

    DOJ's Ad Tech Suit Bound For Sept. Trial

    A Virginia federal judge Friday said the U.S. Department of Justice's lawsuit accusing Google of monopolizing technology used to place ads on third party websites will go to trial, finding too many factual disputes to let the search giant nix the case.

  • June 14, 2024

    UK Opens Probe Into Barratt's £2.5B Redrow Acquisition

    Britain's antitrust regulator has launched a formal probe into whether Barratt Developments PLC's £2.5 billion ($3.1 billion) all-share deal for rival homebuilder Redrow PLC could harm competition in U.K. markets, according to a statement published Friday on the London Stock Exchange.

  • June 13, 2024

    Visa, Mastercard Fee Deal Not 'Likely' To Get Court Approval

    A New York federal judge said at a hearing Thursday that she will "likely not approve" Mastercard and Visa's proposed settlement in long-running litigation over merchant transaction fees, according to the case docket.

  • June 13, 2024

    Apple Fights To Ax 'Speculative' IPhone App Antitrust Suit

    Apple urged a California federal judge Thursday to toss a proposed antitrust class action alleging the company illegally prevents iPhones from running web-based apps that don't need to be downloaded, arguing consumers don't have standing to bring the "speculative" litigation since they're not directly injured by Apple's agreements with developers.

  • June 13, 2024

    DirecTV's 'NFL Tax' Gouged Sunday Ticket Buyers, Jury Told

    DirecTV gouged its Sunday Ticket subscribers by charging 24.6% above the "optimal price" it should have charged if the company was looking to maximize its profits instead of instituting an "NFL tax," an economist told a California federal jury considering multibillion-dollar antitrust claims against the league on Thursday.

  • June 13, 2024

    Canadian Businessman Cops To Stealing Tesla Trade Secrets

    A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.

  • June 13, 2024

    FTC's Ferguson Says He's A Law Enforcer, Not A Policymaker

    Recently minted Federal Trade Commissioner Andrew Ferguson said Thursday that he views his new role as a law enforcer and not a policymaker and said the biggest issue for antitrust law right now is dealing with Big Tech.

  • June 13, 2024

    2nd Circ. Case Over NY Broadband Law Could Wrap Up

    An agreement could soon be reached between internet providers and the New York attorney general's office that would avoid the need for further Second Circuit review of New York's controversial low-cost broadband law, court records show.

  • June 13, 2024

    Apple Wants Discovery Hearing Closed In IPhone Class Action

    Apple is asking a California federal judge to close the courtroom during an upcoming discovery hearing in the ongoing antitrust class action it's facing from consumers, arguing that the proceeding is likely to reveal consumer data and billing information that should be kept out of public view.

  • June 13, 2024

    Judge OKs RBS, Lloyds Bank and Others' $1.9M Libor Deal

    A New York federal judge has granted preliminary approval to a $1.9 million deal between lender plaintiffs and several large banks, including the Royal Banks of Scotland, Lloyds, and others, over their alleged role in manipulating the London Interbank Offered Rate.

  • June 13, 2024

    Teva Wins Pause Of Order Ousting Patents From Orange Book

    A New Jersey federal judge ordered on Thursday a 30-day stay of his Monday ruling that a handful of patents covering Teva-brand asthma inhalers were improperly listed in the federal Orange Book, saying he wanted the matter to reach the Third Circuit in the most orderly way possible.

  • June 13, 2024

    CVS Dodges Discovery Audit In Generic Drug Collusion Suit

    A federal judge declined to make CVS hire a forensic auditor to evaluate its compliance with information demands in a lawsuit alleging it colluded with drugmakers to keep Medicare beneficiaries from accessing certain generic drugs, despite a whistleblower bemoaning "woefully deficient" discovery on the pharmacy chain's part.

  • June 13, 2024

    Verizon Opposes AT&T's FirstNet As 4.9 GHz Band Manager

    Verizon is done letting proxies speak for it in the war of words over a plan to make AT&T's FirstNet the national manager of the 4.9 gigahertz public safety band, telling the Federal Communications Commission in a new filing that the idea would disrupt the public safety spectrum marketplace.

  • June 13, 2024

    Blackstone's $10B AIR Buy Gets Nod From Top 2 Proxy Firms

    Denver-based Apartment Income REIT Corp.'s shareholders have recommendations from the two leading proxy advisory firms to approve an agreement to sell off the real estate investment trust to private equity giant Blackstone for $10 billion, the company announced Thursday. 

  • June 13, 2024

    EU Makes First Ever Formal Pharma Price-Fixing Complaint

    European Union antitrust authorities issued their first ever price-fixing complaint in the pharmaceutical industry Thursday, going after the only company that did not agree to a €13.4 million ($14.4 million) settlement in October.

  • June 13, 2024

    IBM Resets Antitrust Review Clock For $6.4B HashiCorp Buy

    IBM has refiled the notice of its proposed $6.4 billion purchase of HashiCorp to the U.S. Department of Justice and the Federal Trade Commission, resetting the 30-day review clock for enforcers to review the deal, according to a HashiCorp proxy statement filed Thursday.

  • June 13, 2024

    UK Digital Markets Law Will Spur Group Consumer Litigation

    Hastily passed legislation that equipped the competition regulator with the clout to punish companies for breaches of consumer protection will probably spur litigation, lawyers say, although claims will be limited for now after the proposal to extend the class action scheme was abandoned.

  • June 12, 2024

    Tillis Told Drug Patents Are Too Complex For Easy Answers

    When and how generic drugs enter the marketplace varies widely among different drugs and isn't necessarily related to how many patents are covering those drugs, the U.S. Patent and Trademark Office said Wednesday in a report requested by a top member of the U.S. Senate's Intellectual Property Subcommittee.

  • June 12, 2024

    NFL Exec Denies League Fixed Sunday Ticket Price At Trial

    One of the NFL's top executives denied on the witness stand Wednesday in a California federal courtroom that the league dictated the cost of the DirecTV Sunday Ticket package, pushing back when an attorney for subscribers bringing multibillion-dollar antitrust claims suggested some internal emails are evidence the league fixed the price.

  • June 12, 2024

    Texas Judge 'Exasperated' By Parties In Skiplagged Suit

    An "exasperated" Texas federal judge on Wednesday ordered American Airlines and airfare search engine Skiplagged Inc. into mediation after the parties ran into their sixth discovery dispute in litigation around Skiplagged's alleged unauthorized ticket sales, saying the court didn't want to referee "countless discovery disputes used as litigation tactics."

  • June 12, 2024

    Axos Bank Can't Arbitrate 'Bait & Switch' Suit, Customers Say

    Customers suing Axos urged a federal judge not to let the bank arbitrate their claims in a consolidated dispute over how it handled interest rates on savings deposit accounts offered through online banking division UFB Direct, arguing that the court, not an arbitrator, must decide arbitrability.

  • June 12, 2024

    FTC Tells DC Circ. It Can Modify $5B Meta Privacy Deal

    The Federal Trade Commission told the D.C. Circuit on Wednesday that it has the authority to reopen its in-house proceedings in order to revise a $5 billion privacy settlement with Meta Platforms, saying the courts do not have oversight of the agency's administrative order.

  • June 12, 2024

    Trade Group Wants Out Of Mattress Conspiracy Suit

    A trade association for mattress manufacturers has asked a Utah federal court to dismiss it from an antitrust suit alleging the spread of false information from an importer that has landed back in the Utah court from a trip to the Tenth Circuit.

  • June 12, 2024

    FTC's Amazon Prime Trial Moved To June 2025 Amid Doc Fight

    A Washington federal judge agreed Wednesday to push back to June 2025 a high-stakes bench trial over the Federal Trade Commission's claims Amazon.com Inc. tricks consumers into enrolling in its Prime service, delaying the trial by months after the FTC accused Amazon of delaying discovery production.

Expert Analysis

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Playing The Odds: Criminal Charges Related To Sports Betting

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    In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Key FCC Enforcement Issues In AT&T Location Data Appeal

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    AT&T’s decision to challenge a $57 million fine from the Federal Communications Commission for its alleged treatment of customer location information highlights interesting and fundamental issues about the constitutionality of FCC enforcement, say Patrick O’Donnell and Jason Neal at HWG.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • What TikTok's Race Against The Clock Teaches Chinese Firms

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    The Biden administration's recent divestiture deadline on TikTok parent ByteDance provides useful information for other China-based companies looking to do business in the U.S., including the need to keep products for each market separate and implement firewalls at the design stage, says Richard Lomuscio at Stinson.

  • Updated Federal Rules Can Improve Product Liability MDLs

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    The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • NCAA Settlement May End The NIL Model As We Know It

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    The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.

  • Opinion

    The FTC And DOJ Should Backtrack On RealPage

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    The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Exploring Alternatives To Noncompetes Ahead Of FTC Ban

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    Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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