Competition

  • February 19, 2025

    Judge Won't Halt PBM Case Over Attack On FTC Independence

    A Missouri federal judge refused to temporarily block the Federal Trade Commission's in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, rejecting the PBMs' claims that the Trump administration's attempt to eliminate safeguards protecting FTC members from at-will presidential removal favors their attempt to stop the case.

  • February 19, 2025

    3D Printing Co. Escapes Chancery Suit Over $575M Merger

    An ExOne Co. investor failed to show why the 3D printer manufacturer should have postponed a shareholder vote over its rival's purchase of the company, a Delaware vice chancellor has ruled, tossing the investor's proposed class action that alleged the company's board of directors breached its fiduciary duties.

  • February 19, 2025

    Democrats Say DOGE Took 'Trove' Of Musk Rivals' CFPB Data

    U.S. Sens. Elizabeth Warren, D-Mass., and Adam Schiff, D-Calif. demanded Wednesday that Elon Musk remove Department of Government Efficiency staffers from the Consumer Financial Protection Bureau, saying Musk's potential conflicts of interest undermine the agency's goals while giving Musk access to a "trove" of confidential corporate data and an unfair advantage against rivals.

  • February 19, 2025

    Syngenta, Corteva Can't Duck Ark. AG Antitrust Claims

    An Arkansas federal judge refused Wednesday to toss the Arkansas attorney general's antitrust lawsuit accusing pesticide makers Syngenta and Corteva of using anti-competitive rebates that amount to exclusive agreements to suppress generics competition, rejecting the companies' jurisdictional challenges and finding that the antitrust claims are sufficiently pled to proceed.

  • February 19, 2025

    Faegre Drinker Adds White & Case Antitrust Pro In SF

    Faegre Drinker Biddle & Reath LLP has brought on a former Silicon Valley office executive partner from White & Case LLP to its office in San Francisco, strengthening the firm's litigation practice with an attorney who said she has helped represent clients in multiple high-profile trials including matters involving antitrust issues.

  • February 19, 2025

    Buyers Say Berkshire Unit's Threats Raised Prices

    A company that buys calsil insulation filed a proposed class action on Wednesday against a Berkshire Hathaway-owned maker of the insulation, claiming a Colorado jury's antitrust verdict shows the manufacturer engaged in anticompetitive practices and passed on monopoly prices to buyers.

  • February 19, 2025

    Competition Group Of The Year: Winston & Strawn

    Winston & Strawn LLP represented former student-athletes who changed the shape of college sports with a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules, earning the firm a spot among the 2024 Law360 Competition Groups of the Year.

  • February 19, 2025

    Pot Consultant Says Ex-Partner Breached NDA, Swiped Client

    A Colorado-based cannabis consulting firm is suing one of its subcontractors, saying the other company breached a nondisclosure agreement and used confidential information to steal a contract with a California city.

  • February 19, 2025

    Mastercard Deal Does Not Need To Be Perfect, Tribunal Told

    Mastercard's £200 million ($250 million) agreement with Walter Merricks "does not have to be perfect" to get approval from the Competition Appeal Tribunal, lawyers for both sides argued on Wednesday in the court's first hearing in a contested class action settlement.

  • February 18, 2025

    Equifax Can't Duck Employment Verification Monopoly Claims

    A Pennsylvania federal judge on Tuesday refused to throw out a proposed class action accusing Equifax of monopolizing the income and employment verification market, rejecting Equifax's argument that plaintiff Greystone Mortgage hasn't plausibly alleged that Equifax engaged in anticompetitive conduct.

  • February 18, 2025

    Trump Exec Order Expands Control Over Independent Agencies

    President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.

  • February 18, 2025

    Net Neutrality Supporters Want 6th Circ. Redo On FCC Rule

    Public interest groups urged the full Sixth Circuit on Tuesday to reconsider toppling net neutrality rules, arguing that the court's holding conflicts with sister circuits' take on whether broadband providers can be regulated under the Telecommunications Act.

  • February 18, 2025

    Discover Can't Get Judge To Rethink Decision In Risk Case

    A New York federal judge will not rethink her decision denying Discover a quick win in a lawsuit over whether it and several other credit card companies conspired to dump fraud risk onto retailers, ruling that the suing retailers can continue their claims.

  • February 18, 2025

    OCC's Hood Eyes Mergers, Fintech In Agenda Preview

    The Office of the Comptroller of the Currency's acting chief Rodney Hood on Tuesday pledged efforts to ease regulations for so-called community banks, previewing an agenda that includes making it easier for them to merge and explore financial technology.

  • February 18, 2025

    IPhone Buyers Can't Get Apple DOJ Docs Before Discovery

    Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.

  • February 18, 2025

    Policyholders Win Bid To Preserve Records For Antitrust Suit

    Insurance policyholders who accused Hartford HealthCare Corp. of violating antitrust and unfair trade practices in a Connecticut state court can intervene in a federal court lawsuit with similar claims against the hospital network to preserve records for their class action, a federal district judge has ruled a month after the federal suit settled.

  • February 18, 2025

    Pepsi, Frito-Lay Accused Of Favoring Chains With Chip Prices

    PepsiCo and Frito-Lay are illegally favoring Walmart, Target and other chain grocery stores by charging them much lower prices for snack chips than independently owned businesses, a pair of California convenience stores alleged in a proposed class action filed in Golden State federal court.

  • February 18, 2025

    Ferguson, DOJ Keep Biden-Era Merger Guides For 'Stability'

    Federal Trade Commission Chairman Andrew N. Ferguson announced Tuesday that the agency would continue, for now, to use Biden-era merger review guidelines despite them being derided by business interests because he said they are largely "a restatement" of older policies.

  • February 18, 2025

    U. Of Ga. Athlete Joins Fight Against NCAA Eligibility Rules

    A baseball player at the University of Georgia on Tuesday became the latest college athlete to sue the NCAA over its eligibility rules, claiming that because a Tennessee federal judge granted a football player an extra year under similar circumstances, the NCAA "has already fought and lost this fight."

  • February 18, 2025

    Pot Co. Alliance Adds Class Claims To DC Dispensaries Suits

    A group of medical cannabis companies is adding class claims to suits it has filed against companies it alleges are acting as illegal recreational dispensaries in anticipation of consolidation of the suits.

  • February 18, 2025

    Calif. Insurance Chief Asks State Farm To Justify Rate Hikes

    California's insurance commissioner asked State Farm General Insurance Co. to appear for an in-person "informal conference" later this month over its request for emergency rate hikes in the wake of the deadly Los Angeles wildfires in January, saying the insurer has not yet justified the move.

  • February 18, 2025

    Compliance Boss Took $9M In Clients, Investment Firm Says

    A Connecticut investment firm with $360 million in assets under management says its former chief compliance officer violated trade secrets and computer fraud laws by taking eight clients worth $9.3 million and secretly joining a competitor, all despite bearing responsibility for his now-former firm's data confidentiality measures.

  • February 18, 2025

    Competition Group Of The Year: Covington

    Covington & Burling LLP helped pull off a stunning interception-touchdown on behalf of the NFL, convincing a California federal judge to reverse a $4.7 billion jury verdict and carving out a spot for the firm as one of the 2024 Law360 Competition Groups of the Year.

  • February 18, 2025

    UK Probes French Aerospace Group's Planned $1.8B Takeover

    The Competition and Markets Authority said Tuesday that it has launched an investigation into the proposed acquisition by French aerospace group Safran SA of Collins Aerospace's flight-control business for $1.8 billion.

  • February 18, 2025

    Merger Of Poultry Feed Suppliers Gets Provisional UK Nod

    The Competition and Markets Authority said on Tuesday that it has provisionally cleared the proposed acquisition by restaurant group Boparan of two feed mills, despite finding in an earlier investigation into a similar deal that it could harm competition in parts of the country.

Expert Analysis

  • OpenAI's Patent Pledge Is Not All It Seems

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    A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Expect Surging Oil And Gas Industry Under New Trump Admin

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    Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.

  • Opinion

    The Right Kind Of Deregulation In Commercial Airline Industry

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    Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Marching In On Orange Book Drugs May Have Limited Effect

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    Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • How To Prepare For Expanded HSR Notification Process

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    Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.

  • What To Expect From State AGs As Federal Control Changes

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    Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Opinion

    Efficiency Dept. Should Consolidate Antitrust Enforcement

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    President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

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