Competition

  • July 09, 2024

    FCC Majority Takes Heat From House GOP Over New Regs

    Democratic leaders of the Federal Communications Commission defended their regulatory policies Tuesday against House GOP critics who accused the agency of tacking in a partisan direction and passing new rules that Republicans said exceed the agency's statutory limits.

  • July 09, 2024

    Aetna Beats Blue Cross In NC Health Plan Contract Battle

    An administrative judge affirmed North Carolina's switch of its employee and retiree health plan to Aetna, reasoning Blue Cross Blue Shield failed to prove state officials made errors favoring the competitor when evaluating bids.

  • July 09, 2024

    FTC Says Drug Middlemen Inflate Costs, Squeeze Pharmacies

    The Federal Trade Commission said Tuesday that its study of pharmacy benefit managers has shown that six large companies now control 95% of all prescriptions filled in the U.S., allowing them to profit at the expense of patients and independent pharmacies.

  • July 09, 2024

    Chicken Buyers' Cost-Saving Deal With Producers Approved

    An Illinois federal judge granted final approval Tuesday to settlements direct chicken buyers struck with producers that beat their price-fixing claims at summary judgment or trial, saving them about $1 million in costs they could have otherwise owed the companies.

  • July 09, 2024

    House Dems Seek Info From DOI Over Alleged Shale Cartel

    House Democrats sitting on the House Natural Resources Committee penned a letter Tuesday seeking information from the U.S. Department of the Interior concerning eight oil companies accused of colluding with the Organization of Petroleum Exporting Companies to artificially inflate gas prices.

  • July 09, 2024

    Judge Calls Cost Of DOJ's Assa Abloy Market Study 'Insane'

    A D.C. federal judge took the U.S. Department of Justice and its monitoring trustee to task Tuesday for their pursuit of an open-ended look at Assa Abloy's books to check for anticompetitive harms from a 2023 merger, excoriating budget estimates pricing the investigation at a minimum of $1.7 million.

  • July 09, 2024

    Goodwin Adds MoFo Antitrust, Fintech Leaders In DC

    Goodwin Procter LLP has brought on three partners from Morrison Foerster LLP in Washington, D.C., including the chair of Morrison Foerster's antitrust litigation practice and the co-leader of its financial technology practice, the firm announced Monday.

  • July 08, 2024

    Smoke Shops Say Rivals Are Copying Name, Filching Goodwill

    A Washington smoke chain has hit several rivals with trademark infringement lawsuits, accusing them of unauthorized use of its name, Smoke City, so they can lean on the goodwill it has developed with customers.

  • July 08, 2024

    Hyundai Falsely Inflates Electric Car Sale Growth, Dealers Say

    Hyundai dealers filed a Robinson-Patman Act price discrimination suit in Illinois federal court Friday accusing the automotive giant of running a scheme to keep up the appearance of growing electric car sales by causing dealers to report fake sales and rewarding them with perks including discounts, popular models and coupons for customers.

  • July 08, 2024

    Assa Abloy Says No Monitor 'Blank Check' After Merger Deal

    Assa Abloy on Monday reasserted its bid to rein in a monitoring trustee installed after the company settled a government merger challenge, arguing ahead of a court hearing that the government is aiming to roll back the parties' deal and carry out a more expansive investigation through the monitor.

  • July 08, 2024

    Texas Anesthesia Co. Can't Pause Or Appeal Suit, FTC Says

    The Federal Trade Commission urged a Texas federal court not to pause its suit accusing U.S. Anesthesia Partners Inc. of a monopolistic "roll-up" of Lone Star State anesthesia practices, arguing the company can't appeal an order refusing to toss the case against it.

  • July 08, 2024

    Justices Told To Ignore 'Hopeless' Challenge To Antitrust Test

    A group of wholesalers who say the makers of 5-Hour Energy illegally favored Costco in distributing the energy drink shots told the U.S. Supreme Court on Monday to reject the drink-maker's certiorari petition, saying it asks the justices to take on the role of fact-finders.

  • July 08, 2024

    Kirkland, Fenwick Steer Lilly's $3.2B Morphic Acquisition

    Eli Lilly and Co. unveiled Monday a $3.2 billion all-cash deal to acquire biopharmaceutical company Morphic Holding Inc., which is developing oral therapies to treat Crohn's disease and other bowel chronic diseases, in a 10-figure transaction guided by Kirkland & Ellis LLP and Fenwick & West LLP.

  • July 08, 2024

    Kirkland-Led Devon To Buy Grayson's Williston Biz For $5B

    Devon Energy announced Monday that the Oklahoma-based public company has cut a $5 billion cash-and-stock deal to acquire private equity-backed Grayson Mill Energy's Williston Basin oil and gas business in a transaction guided by Kirkland & Ellis LLP and Vinson & Elkins LLP.

  • July 08, 2024

    Feds Aim To Expand Military Site List For Land Deal Reviews

    The U.S. Department of the Treasury on Monday proposed putting 59 more military sites on its radar when it reviews real estate deals for national security issues, a move that comes on the heels of the White House's crackdown on a Chinese-owned cryptocurrency mine near a Wyoming air base.

  • July 08, 2024

    UK Clears Thermo Fisher's $3.1B Olink Buy

    Britain's competition enforcer indicated Monday that it will not challenge Thermo Fisher Scientific Inc.'s planned $3.1 billion bid for Swedish biotech firm Olink Holding AB after the agency launched an initial investigation of the deal earlier this year.

  • July 08, 2024

    Delivery Hero Says It Could Face €400M Antitrust Fine

    International food ordering service Delivery Hero disclosed that it could be fined more than €400 million ($433.3 million) by European enforcers over alleged agreements with other online food delivery companies to split markets, share information and not hire workers from one another.

  • July 08, 2024

    Landowners Defend Wyo. Antitrust Claims Against Anadarko

    Wyoming landowners accusing an Occidental Petroleum Corp. unit of antitrust behavior are urging a federal judge to reject its bid for a win on their state law claims as the case heads toward a trial.

  • July 05, 2024

    Miss. Casino Aims To Void Cherokee Ark. Gaming License

    A Mississippi casino is asking a judge to void an Arkansas gaming license issued to Cherokee Nation Entertainment, arguing a county judge and other legislative officials were coerced into offering support for its casino proposal through an economic development agreement that forced them to back only one applicant.

  • July 05, 2024

    Antitrust Partner In Fatal Crash Remembered As A Mentor

    Present and past colleagues this week remembered Molly Donovan, a partner at antitrust boutique Bona Law PC who died in a tragic accident earlier this month, as a powerhouse with an intricate understanding of antitrust matters who always maintained a positive outlook no matter what the status of a case.

  • July 05, 2024

    NFL Moves To Undo 'Runaway' $4.7B Sunday Ticket Verdict

    The NFL urged a California judge Wednesday to cancel a jury's blockbuster $4.7 billion verdict that found it violated antitrust laws with its DirecTV Sunday Ticket package, saying the "irrational" award didn't match any of the damages models jurors were presented and confirms that the plaintiffs failed to prove their case. 

  • July 05, 2024

    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.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

Expert Analysis

  • Antitrust In Retail: The Meaning Of 'Accessible Luxury'

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    In order for the Federal Trade Commission to block a deal that would put six "accessible luxury" brands, including Coach and Michael Kors, under one roof, the agency will need to prove that this category is distinct from the true luxury or mass-market categories, says David Kully at Holland & Knight.

  • 4 Important Events In Bank Regulation: A Midyear Review

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    The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.

  • FTC Focus: Competition And The Right To Repair

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    If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • The Current State Of Healthcare Transaction Reviews In Calif.

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    As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Behind The Stagecoach Boundary Fare Dispute Settlement

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    The Competition Appeal Tribunal's recent rail network boundary fare settlement offers group action practitioners some much-needed guidance as it reduces the number of remaining parties' five-year dispute from two to one, says Mohsin Patel at Factor Risk Management.

  • What Companies Should Consider Amid Multistate AG Actions

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    The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • Opinion

    Paid Noncompetes Offer A Better Solution Than FTC's Ban

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    A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • 5 Steps To Navigating State Laws On Healthcare Transactions

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    As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

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