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4 Takeaways From Landmark Google Search Ruling
A landmark ruling in D.C. federal court Monday found that Google illegally maintains its search engine monopoly, and experts say the case could have broad implications for the company as well as the wider internet and shows how existing antitrust laws can apply to modern technology.
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August 07, 2024
Amgen Waged Lawfare To Overcharge For Drug, Suit Claims
Maryland-based independent licensees of the Blue Cross Blue Shield Association claim pharmaceutical giant Amgen Inc. and its subsidiaries have engaged in unlawful monopolistic practices that have inflated the cost of the blockbuster drug Enbrel.
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August 07, 2024
Parts Co. Fights Bid To Pause Pratt & Whitney Antitrust Suit
A parts supplier accusing RTX Corp. subsidiary Pratt & Whitney of using illegal agreements to monopolize the aftermarket supply of their turboprop engine components asked a Pennsylvania federal court to keep discovery moving while considering the possible dismissal of the $450 million lawsuit.
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August 07, 2024
Dems Push For Scrutiny On Fox, ESPN, Warner Bros. JV
Three Democratic lawmakers on Wednesday urged the Federal Communications Commission and U.S. Department of Justice to investigate a proposed joint venture between Fox, Warner Bros. Discovery, and Disney subsidiary ESPN that would create a new streaming service called Venu Sports, arguing the partnership would lead to higher prices and fewer choices for consumers.
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August 07, 2024
6 Swipe Fee Plaintiffs 'Arbitrarily' Picked For 2025 Trial
Six retailers including department store giant Target will go to trial in 2025 on claims that Visa and Mastercard overcharged them, a Manhattan federal judge said Wednesday, explaining that he arbitrarily chose from among 60 plaintiffs in a long-running, multibillion-dollar antitrust battle.
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August 07, 2024
M&A Rebounds, But Success Hinges On Broader Economy
There was a promising uptick in mergers and acquisitions activity in the second quarter, but the rising uncertainty about the broader economy that fueled Monday's stock market free fall could cause some hesitancy among dealmakers.
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August 07, 2024
Delta Dental Can't Get Antitrust Standard Decided Early
An Illinois federal judge denied a bid from Delta Dental to have the court decide what legal standard should apply to claims that it violated antitrust law through a $13 billion scheme to restrict competition before ruling on a class certification motion.
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August 07, 2024
NCAA's Scholarship Cap Still Hurts Us, Athletes Say In Suit
Elimination of the NCAA's cap on scholarships for most of its sports by way of the $2.8 billion settlement of the class action over name, image and likeness compensation does not undo the damage to athletes forced to compete under the cap, a new proposed class action in Colorado federal court claims.
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August 07, 2024
FTC Asks Courts To Pause $8.5B Handbag Merger
The Federal Trade Commission has asked a New York federal court to pause the planned $8.5 billion merger between the owners of Coach and Michael Kors while the agency conducts an in-house merger challenge.
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August 07, 2024
Ohio AG Cites Search Ruling In Google Common Carrier Suit
Ohio's attorney general pointed a state court judge Wednesday to a recent D.C. federal court decision declaring Google an illegal search monopolist, arguing the U.S. Department of Justice's win underscores why the internet giant should be banned from self-preferential treatment as a "common carrier."
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August 07, 2024
Khan 'Impermissibly Conflicted' In Cyber Probe, MGM Says
MGM Resorts International fought Wednesday to keep alive its lawsuit accusing the Federal Trade Commission of wrongly refusing to recuse chair Lina Khan from an investigation into the company's data security practices, arguing that its case involves core constitutional issues that belong in the D.C. federal court.
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August 06, 2024
Feds Say Bid-Rigging Bros. Aren't Owed New Trial
Federal prosecutors moved Monday to block two brothers' bids for a new trial after they were convicted last month of involvement in a coastal Georgia concrete bid-rigging and price-fixing scheme, telling a judge a few offhand remarks from witnesses can't topple the mountain of evidence behind the guilty verdict.
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August 06, 2024
Military Part Supplier Says Competitors Stole Equipment, Info
A machining manufacturer that supplies parts for military aircraft said in a complaint filed in Michigan federal court on Monday that some of its former workers used their access to steal confidential information and equipment to start competing businesses.
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August 06, 2024
NC Hospital Gets New Shot At Emergency Dept. Plan Approval
A state appellate panel on Tuesday unraveled a decision overturning approval for a freestanding emergency department in rural North Carolina, ruling that an administrative law judge misapplied precedent when deciding whether a state agency's failure to hold a public hearing prejudiced the decision-making process.
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August 06, 2024
Dem Lawmakers Back FTC's Kroger-Albertsons Challenge
A group of Democratic lawmakers is supporting the Federal Trade Commission in its suit to block Kroger's $25 billion acquisition of Albertsons, telling an Oregon federal judge in a friend-of-the-court brief that the agency's fears the deal would harm grocery workers and consumers are well-founded.
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August 06, 2024
Feds Seek $3.5M Premerger Penalty From Sporting Events Biz
Federal prosecutors have struck a deal requiring sports and entertainment event company Legends Hospitality to pay a $3.5 million penalty to settle allegations that it illegally conducted business with acquisition target ASM Global Inc. before finalizing the deal.
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August 06, 2024
Miss. Casino Says License Dispute Belongs In State Court
A lawsuit challenging the gambling license awarded to the Cherokee Nation's entertainment business should be sent back to state court where it was originally filed, a Mississippi casino operator told an Arkansas federal judge Monday.
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August 06, 2024
Elon Musk's X Sues CVS, Mars, Ads Group Claiming 'Boycott'
Elon Musk's X Corp. sued the World Federation of Advertisers, Unilever, Mars Inc., CVS Health and Ørsted in Texas federal court Tuesday, inspired by a House Judiciary Committee Republican staffer report decrying efforts to avoid advertising next to hate speech and other "disfavored" content as an anticompetitive group boycott.
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August 06, 2024
Tate & Lyle Sugar Biz Deal Gets Provisional UK Nod
Britain's competition authority said Tuesday that it has provisionally cleared Tate & Lyle's planned acquisition of the U.K. business of Tereos, dissolving earlier antitrust concerns after it found that the loss-making producer of agricultural raw materials would probably fold if the deal does not go ahead.
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August 06, 2024
Drugmakers Can Fight To Nix Pay-For-Delay Claim, CAT Says
An antitrust court in the U.K. has green-lit a challenge by a Danish drugmaker to an earlier decision not to apply a two-year limitation period to government claims that it raised prices of an antidepressant by having generics manufacturers put their rival medicines on hold.
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August 05, 2024
DOJ Wants Google Held Accountable For Deleted Chats
The U.S. Department of Justice has told the Virginia federal court overseeing the government's case accusing Google of monopolizing key digital advertising technology the company needs to be held accountable for implementing policies that destroyed evidence.
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August 05, 2024
FTC Says Syngenta 'Distorts' Info Rules In Competition Case
The Federal Trade Commission is urging a North Carolina federal court to force Syngenta Corp. to produce documents in a lawsuit accusing the chemical maker and Corteva Inc. of suppressing competition from cheaper generic pesticides, emphasizing that the information is relevant to the case despite Syngenta's contentions to the contrary.
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August 05, 2024
FTC Looks To End Noncompete Ban Challenge In Texas
The Federal Trade Commission defended its noncompete ban to a Texas federal judge, arguing in a new motion for summary judgment that its rule is well within the bounds of the FTC Act's plain language.
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August 05, 2024
AT&T Chief Pushes FCC To Make FirstNet 4.9 GHz Manager
AT&T Inc. CEO John Stankey met with Federal Communications Commission members to lobby for the company's first responder network to lead the national public safety band, despite band users' concerns that AT&T could control the band for its own self-serving interests.
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August 05, 2024
Pegasystems Slams Appian's 'Animus' After $2B Verdict Axed
Business software maker Pegasystems says rival Appian's "animus" is behind a series of what it says are irrelevant, premature and burdensome discovery requests, after a Virginia appeals court vacated a $2 billion trade secrets judgment against Pegasystems.
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August 05, 2024
Hillrom's 'Intrusive' Funding Probe Needs To Stop, Rival Says
Hospital bed maker Linet has urged an Illinois federal court to block Hill-Rom Holdings Inc.'s "increasingly intrusive" bid for litigation funding documents in its antitrust suit targeting allegedly anticompetitive supply agreements, arguing that the records are off limits because they're irrelevant and legally protected.
Editor's Picks
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FTC Gears Up For Busy 2024 Merger Summer & Fall
U.S. antitrust enforcers at the Justice Department and the Federal Trade Commission are gearing up for busy months ahead against multibillion-dollar mergers in the grocery and luxury handbags spaces, while also adjusting to a hospital loss turnaround and bracing for an important airlines deal appellate ruling.
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Enforcers Push Antitrust Agenda, Brace For Google Ruling
The first half of 2024 was marked by U.S. antitrust enforcers' pursuit of groundbreaking cases alleging anticompetitive conduct.
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FTC's Bedoya Says Labor Concerns In Mergers Matter
Federal Trade Commissioner Alvaro Bedoya said Friday that it's important for enforcers to consider the impact mergers can have on labor, even if they never did in the past, contending that concentration can lead to lower wages and dangerous working conditions.
Expert Analysis
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Navigating Antitrust Considerations In ESG Collaborations
The intersection of ESG goals and antitrust laws presents a complex challenge for businesses and their counsel — but by creating clear frameworks for collaboration, adhering to established guidelines and carefully considering the competitive implications of their actions, companies can work toward sustainability while mitigating legal risks, say attorneys at Morgan Lewis.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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FTC Focus: Private Equity Investments In Healthcare
As the Federal Trade Commission is tightening its scrutiny of private equity investment in healthcare, the agency is finding novel grounds to challenge key focus areas, including rollup acquisitions, the flip-and-strip approach and minority investments in rival providers, say attorneys at Proskauer.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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How 5 States' Deal Notification Laws Are Guiding Healthcare
Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.