Competition

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Merger Enforcers End Year On Upswing

The Biden administration's antitrust enforcers have boasted that one side effect of their aggressive approach to merger enforcement has been helping stop problematic deals from being cut in the first place, but the agencies also scored key court rulings blocking transactions in their final year that could have a more enduring effect.
January 09, 2025
DOJ Fights Apple's Intervention In Google Search Remedies

The U.S. Department of Justice is opposing Apple Inc.'s "eleventh-hour effort" to have a say in what should be a proper fix for Google's search monopoly, telling a D.C. federal judge that the company has had ample opportunity to defend its lucrative revenue-sharing agreement with Google.
January 09, 2025
Beer Sales Rep Can't Show Lasting Harm From Noncompete

A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.
January 09, 2025
UK Scrutinizes Bidvest's Plan To Buy Hygiene Products Biz

The Competition and Markets Authority said on Thursday that it is launching a formal investigation into a proposal by South African conglomerate Bidvest to acquire a washroom products business, as it seeks to determine whether the merger could harm competition in domestic markets.
January 08, 2025
2nd Circ. Weighs FIFA Verdicts In Light Of High Court Rulings

Brooklyn federal prosecutors on Wednesday urged the Second Circuit to reverse a lower court's controversial decision to overturn the bribery convictions of a former 21st Century Fox television executive and an Argentine marketing company, disputing that the U.S. Supreme Court's recent corruption rulings impact the massive FIFA corruption ordeal.
January 08, 2025
Intuitive Killed Biz For Reusing Robo-Surgery Arms, Jury Told

The president of a family-owned medical instrument repair business suing biotechnology company Intuitive Surgical on antitrust claims told a California federal jury Wednesday that his company saw a "huge opportunity" in providing a service that extended the life of Intuitive's surgical robot arms, but hospitals balked after Intuitive sent threatening letters.
January 08, 2025
Michael Jordan 'Bought Into' System, NASCAR Tells NC Judge

NASCAR implored a North Carolina federal judge on Wednesday to throw out portions of an antitrust suit brought by Michael Jordan's team and award a $36 million bond, saying it was the teams themselves who demanded the contracts they now claim are monopolistic.
January 08, 2025
PowerPlan To Pay $24M, Ending Rival's Monopoly Claims

Roper Technologies subsidiary PowerPlan Inc. has agreed to pay $24 million in a settlement with a rival firm formed by former employees who said the utility software giant tried to lock them out of the market by threatening litigation against them and prospective clients.
January 08, 2025
UnitedHealth Wants $3.3B Amedisys Deal Challenge Tossed

UnitedHealth Group and Amedisys Inc. asked a Maryland federal court Wednesday to toss a challenge of their planned $3.3 billion merger, contending that federal and state enforcers are refusing to say what "local" home health and hospice service markets would be hurt by the deal.
January 08, 2025
Khan Acknowledges 'Open Question' On Trump Antitrust Plan

Outgoing Federal Trade Commission Chair Lina M. Khan argued Wednesday that the Biden administration's aggressive antitrust enforcement has scored real wins, even as she expressed mixed optimism in remarks about that legacy as Donald Trump retakes the White House.
January 08, 2025
Epic Gets Backing For Google App Store Changes

Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.
January 08, 2025
T-Mobile-UScellular Deal Won't Hurt Wireless Market, FCC Told

T-Mobile's $4.4 billion plan to buy spectrum and lease cell towers from UScellular appears likely to benefit consumers, a free-market think tank told the Federal Communications Commission as public interest groups continue to fight the deal.
January 08, 2025
Shoppers Say Kroger Merger Suit Still Alive After Nixed Deal

Consumers challenging the abandoned merger between Kroger Co. and Albertsons urged a California federal court not to toss their case despite two court injunctions against the deal, arguing that they have effectively prevailed on their antitrust claims and should get an injunction and attorney fees.
January 07, 2025
Robo Surgery Co. Gets Billions From Selling Parts, Jury Told

Surgical Instrument Service accused Intuitive Surgical at the start of a federal trial Tuesday of being a monopolist making billions of dollars by blocking hospitals from extending the life of reusable surgical-robot components, while Intuitive blasted the medical instrument repair company for "trying to misuse antitrust laws to enrich itself."
January 07, 2025
Charter Communications Says VP Stole Trade Secrets

Charter Communications Inc. filed a lawsuit in Connecticut federal court Tuesday against a former executive it claims made off with trade secrets and began working as a senior vice president and chief information officer of a competitor, Metronet.
January 07, 2025
Amneal Calls Teva's IP Delisting Panic 'Theatrical Distraction'

The pharmaceutical industry won't fall into "chaos and disruption" if the Federal Circuit doesn't stay an injunction ordering Teva to remove inhaler patents from the Orange Book, and Teva's arguments otherwise are "a mere theatrical distraction" from the weakness of its position, according to Amneal Pharmaceuticals.
January 07, 2025
Keller Postman Drops Suit Against Jenner & Block, For Now

Keller Postman LLC has dismissed its suit accusing Jenner & Block LLP of using unethical tactics to gain leverage in mass arbitration against the streaming service Tubi but requested the complaint be dismissed without prejudice.
January 07, 2025
Top Groups Lobbying The FCC

The Federal Communications Commission heard from advocates more than 50 times in December on issues ranging from prison phone rates to the use of artificial intelligence in text messages, shared use of the airwaves, marketing consent rules and more.
January 07, 2025
Khan Says FTC Approach A Bulwark To Trump 'Backsliding'

Outgoing Federal Trade Commission Chair Lina M. Khan on Tuesday defended the Biden administration's aggressive tack against corporate power and concentration, telling CNBC that while it's "natural" Facebook and Amazon might seek a "sweetheart deal" from the Trump administration, the past four years have made "backsliding" more difficult.
January 07, 2025
Grayscale Rival Insists Connecticut Law Allows $2M Suit

Digital asset management firm Grayscale cannot duck a smaller rival's unfair trade practices suit based on its argument that the relevant Connecticut state law has a carveout for conduct involving securities transactions, Osprey Funds said in opposing summary judgment.
January 07, 2025
States Push For Jury Trial In Google Ad Tech Case

State enforcers accusing Google of monopolizing key digital advertising technology have urged a Texas federal court to reject Google's bid to have the case decided by a judge, saying the U.S. Supreme Court's recent Jarkesy decision confirms the right to a jury trial.
January 07, 2025
Judge Cuts $6M From Telecom Haiti Phone Call Cost Award

An Oregon federal judge shaved more than $6 million off a jury's award to Haiti's biggest telecom Monday, ruling that the company had not shown any evidence of lost profits from Oregon-based UPM Technology's scheme to evade the provider's international calling rates.
January 07, 2025
DOJ Ropes Landlords Into RealPage Antitrust Case

The U.S. Department of Justice dramatically expanded its antitrust case against RealPage on Tuesday, accusing half a dozen residential landlords of using the software company's tools to coordinate rental rates while reaching a settlement with one of the property owners.
January 07, 2025
O'Melveny Beats DQ Bid In Hyundai Trademark Dispute

A California federal judge has denied a bid to disqualify O'Melveny & Myers LLP from representing Hyundai Motor Co. in a trademark dispute with computing company Hyundai Technology Group, saying the firm's failure to destroy a clawed-back document didn't justify booting it from the case.
January 07, 2025
Judge Looks To Finally Resolve Mass. 'Right To Repair' Suit

A long-stalled fight over Massachusetts' expanded "right to repair" law requiring open access to vehicle telematics software appears to be on a fast track after a new judge took over the case and said Tuesday she plans to rule in the near future.
January 07, 2025
FTC Imposes Record $5.6M 'Gun Jumping' Penalty On Oil Deal

The Federal Trade Commission brought a rare merger "gun jumping" action Tuesday under which Verdun Oil Co. will pay $5.6 million for exerting control over EP Energy LLC before the mandatory waiting period under U.S. antitrust law expired and its purchase of the company closed.

Editor's Picks

Google Ad Tech Trial: 15 Days On The Rocket Docket

The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
FTC Withdraws From Feds' Merger Review Labor Pact

The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
US Antitrust Holds Fast: No 'Environmental Justice' Goals

A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.

Expert Analysis

What To Expect In Higher Ed Enforcement Under Trump

Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
Series

NY Banking Brief: All The Notable Legal Updates In Q4

In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
3 Factors Affecting Retail M&A Deals In 2025

Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
FTC Picks Augur Pro-Business Bent For Much Of Economy

President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
What 2024's Noncompete Turmoil Means For Banks In 2025

A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
Searching For Insight On Requested Google Chrome Remedy

The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
Opinion

3 New Year's Resolutions For Antitrust Agencies To Consider

James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
FTC Focus: A Changing Of The Guard

While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
5 Antitrust Issues For In-House Counsel In 2025

Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.