Competition

  • February 04, 2025

    Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed

    A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments. 

  • February 04, 2025

    Swimmers Again Seek Cert., With 9th Circ's Reversal In Hand

    Professional swimmers have again asked a California federal judge to certify hundreds of competitors accusing swimming's international governing body of organizing a group boycott against an upstart league, now armed with a Ninth Circuit decision that both revived their case and said class certification was improperly denied.

  • February 04, 2025

    Sen. Mike Lee To Head Antitrust Subcommittee

    Sen. Mike Lee, R-Utah, a frequent critic of the Federal Trade Commission, will serve as chairman of the Senate subcommittee on antitrust and consumer protection issues, with Sen. Corey Booker, D-N.J., taking over the ranking member role.

  • February 04, 2025

    Axon Gets Cities' Antitrust Case Largely Tossed

    A New Jersey federal judge dismissed the bulk of a class action brought by local governments accusing Axon of monopolizing the Taser and body camera markets, ending claims related to the Taser market but allowing claims that Axon has maintained a monopoly in the body-worn camera market to continue on.

  • February 04, 2025

    NCAA Says Wis. Football Player's Suit Claims 'False Dilemma'

    The NCAA is pushing back against a University of Wisconsin football player's request for a temporary injunction against its allegedly anticompetitive eligibility rule, arguing the rule achieves the exact opposite by giving more students the opportunity to play.

  • February 04, 2025

    Auto Cos., Mass. AG Make Final Case In 'Right To Repair' Fight

    The stagnated four-year battle over a Massachusetts law requiring vehicle manufacturers to provide open access to vehicle telematics software saw its final salvos Tuesday as attorneys for an automotive industry group and the state clashed over the merits of the federal preemption case.

  • February 04, 2025

    Apple Asks DC Circ. To Pause Google Search Case For Appeal

    Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.

  • February 04, 2025

    Cherokee Nation, Group Spar Over Ark. Casino License Docs

    A federal district court is set to determine if the officers of a ballot issue committee backing an Arkansas amendment that revoked a Cherokee Nation business' casino license and the public affairs firm must hand over documentation in the dispute.

  • February 04, 2025

    Southern Glazer's Wants FTC Unfair Pricing Suit Canned

    Southern Glazer's asked a California federal judge Monday to dismiss the Federal Trade Commission's first price discrimination lawsuit in 25 years, arguing that even if the "mistaken economic theory" undergirding it holds true, dissents from the FTC's Republicans illustrate why the case fails anyway.

  • February 04, 2025

    'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons

    A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."

  • February 04, 2025

    Salmon Farmers Fight To Gut Retailers' £675M Cartel Case

    A group of salmon producers fought on Tuesday to keep a £675 million ($843 million) cartel claim brought by several of the U.K.'s largest supermarkets out of Britain, arguing at a London tribunal that the case should be heard in Norway.

  • February 03, 2025

    Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.

    A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.

  • February 03, 2025

    Texas' Bid To Launch Stock Exchange Moves Forward

    As the owner of the new Texas Stock Exchange LLC gears up to begin trading by next year, capital markets attorneys are closely watching how the company plans to penetrate a market long dominated by two New York-based juggernauts.

  • February 03, 2025

    DOJ Poised To Prosecute Threat-Makers Against DOGE

    A federal prosecutor appointed by President Donald Trump offered Elon Musk his office's support to "protect" the work of the newly created Department of Government Efficiency headed by the billionaire businessman, including "legal action against anyone who impedes your work or threatens your people."

  • February 03, 2025

    Trump Names Head Of NLRB's Los Angeles Office Acting GC

    President Donald Trump appointed the director of the National Labor Relations Board's Los Angeles office as the agency's acting general counsel Monday, allowing William Cowen to occupy the seat left vacant by the ousters of Biden-era general counsel Jennifer Abruzzo and the most recent acting general counsel, Jessica Rutter.

  • February 03, 2025

    OpenAI, Microsoft Aim To Ax Musk's For-Profit Change Suit

    OpenAI and Microsoft have urged a California federal court in separate motions to dismiss Elon Musk's antitrust and breach of contract lawsuit claiming OpenAI lied by telling investors it would always be a nonprofit artificial intelligence research organization, calling the allegations "conclusory" and lacking factual backing.

  • February 03, 2025

    PharmacyChecker's Legality Weighed In 9th Circ. Appeal

    Judges on the Ninth Circuit went back and forth with lawyers on both sides of online drug comparison site PharmacyChecker's antitrust suit against LegitScript on Monday, questioning the latter's claims that PharmacyChecker's entire business is illegal because it facilitates the unsanctioned importation of foreign pharmaceuticals.

  • February 03, 2025

    Jury Rejects $500M Antitrust Case Against MLS, US Soccer

    A New York federal jury on Monday rejected North American Soccer League's $500 million lawsuit accusing Major League Soccer and the sport's American governing body of conspiring to sabotage the defunct league.

  • February 03, 2025

    NCAA Settles College Baseball Coaches' Wage-Fix Suit

    The NCAA and a group of Division I volunteer baseball coaches have reached a settlement "in principle" to end a proposed antitrust class action that challenged the organization's since-repealed "uniform wage fix" bylaw that prevented volunteer coaches from getting compensated market value for their services.

  • February 03, 2025

    Trial Court Won't Pause Google Search Case For Apple Appeal

    A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.

  • February 03, 2025

    Kroger, Albertsons No-Poach Suit Back In Colo. Court

    A proposed class action accusing Kroger Co. and Albertsons of brokering an illegal no-poach agreement that hurt wage negotiations during a strike in Colorado is back in state court, after a grocery store worker dropped a federal court lawsuit and refiled her claims in Denver District Court.

  • February 03, 2025

    NCAA Hit With New Suits As NIL Settlement Trudges Ahead

    At least 100 current and former college athletes filed a fresh round of lawsuits against the NCAA over its compensation restrictions as critics continue to pillory a proposed $2.78 billion class action settlement aimed at quelling many of the same concerns.

  • February 03, 2025

    US Steel, Nippon Say Election Politics Blocked $14.9B Deal

    Japan's Nippon Steel Corp. and U.S. Steel Corp. on Monday filed their opening brief in a suit against former President Joe Biden and the Committee on Foreign Investment in the United States over a blocked $14.9 billion mega-merger, alleging the deal was blocked purely due to election-year politics and not national security as claimed.

  • February 03, 2025

    Goodwin Hires Kirkland Antitrust Partner In DC

    Goodwin Procter LLP has hired a career Kirkland & Ellis LLP antitrust litigation attorney, who told Law360 Pulse in a recent interview that she wanted to bring her practice focused on healthcare and life sciences clients to a platform rife with industry expertise.

  • January 31, 2025

    Pause UScellular Deal During False Claims Case, Attys Say

    Two communications attorneys have urged the Federal Communications Commission to reject the $4.4 billion transfer of UScellular spectrum licenses to T-Mobile, at least until their False Claims Act dispute with the company can be resolved in the D.C. Circuit.

Expert Analysis

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • 8 Issues AI Firms May Encounter As M&A Action Accelerates

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    As the AI merger climate heats up, potential complications may arise, including antitrust scrutiny, talent retention agreements, and aggressive and protective deal terms intended to compensate for lofty valuations, say Scott Schwartz and Kishan Barot at Manatt.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

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    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Managing Sanctions Defense Across Multiple Jurisdictions

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    Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.

  • Takeaways From TOTSA Settlement And Critical CFTC Dissent

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    The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.

  • Building US-Japan Relationships In The M&A Market

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    The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • Antitrust Issues To Watch Amid Google Ad Tech Trial

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    Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

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    While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.

  • What PCOAB's Broadened Liability Rule Means For Auditors

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    The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

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