Competition

  • February 21, 2025

    Competition Group Of The Year: Cohen Milstein

    The competition team at Cohen Milstein Sellers & Toll PLLC helped secure settlements worth hundreds of millions of dollars last year for groups of home sellers, mixed martial arts fighters, poultry plant workers and others, earning a spot among the 2024 Law360 Competition Groups of the Year.

  • February 21, 2025

    Latham Promotes 19 Counsel To Partner In US, Europe & Asia

    Less than three months after electing two dozen associates to the partnership, Latham & Watkins LLP said it has elevated 19 counsel from 14 offices around the world to partner, effective March 1.

  • February 21, 2025

    Stellantis Loses €770M Auto Parts Cartel Claim

    The Competition Appeal Tribunal dismissed on Friday a €770 million ($805 million) claim brought by Peugeot and other car manufacturers after they failed to show how a European car safety parts cartel caused them to pay higher prices.

  • February 21, 2025

    Tesco Follows Rivals With Salmon Farmer Competition Claim

    Tesco Stores Ltd. has brought a competition claim in London against a group of salmon producers that are also embroiled in a £675 million ($854 million) cartel claim from several other retailers in the U.K.

  • February 21, 2025

    Mastercard Wins Green Light For £200M Swipe Fee Settlement

    The Competition Appeal Tribunal said Friday it would approve a £200 million ($250 million) settlement between Mastercard and Walter Merricks to end litigation over credit card fees, despite "some concerns about how the matter was dealt with" in the lead-up to the deal being reached. 

  • February 21, 2025

    4 Banks To Pay £100M To Settle UK Bond Trading Probe

    Four banks including HSBC and Morgan Stanley will pay more than £100 million ($126 million) in fines for their involvement in a cartel that shared sensitive information on trading in government bonds, the U.K. antitrust authority said on Friday.

  • February 20, 2025

    DOJ Says Job Protections For ALJs Are Unconstitutional

    The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.

  • February 20, 2025

    Generic-Drug Group Rallies Behind Appeal In Entresto Fight

    A generic-drug industry group is weighing in on the Federal Circuit's move last month to revive a patent tied to Entresto, Novartis Pharmaceuticals Corp's blockbuster heart drug, warning that "the pharmaceutical industry is watching this case closely."

  • February 20, 2025

    3rd Circ. Rejects Appeal In Dog Magnet Design Spat

    The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.

  • February 20, 2025

    DOJ Keeps Focus In Agri Stats Case Off Specific Data

    A Minnesota federal magistrate judge refused Wednesday to force the U.S. Department of Justice to provide Agri Stats a line-by-line recitation of particular problematic data fields in the company's protein industry reports, finding the agency's explanations about how those reports can facilitate price-fixing are "adequately responsive."

  • February 20, 2025

    Amazon Says FTC 'Stonewalled' Discovery In Antitrust Case

    The Federal Trade Commission is relying on "boilerplate objections and untenable hyper-technicalities" to delay discovery in its antitrust suit against Amazon, the e-commerce giant said in a new motion in Seattle federal court, seeking to force the agency to hand over information about its case.

  • February 20, 2025

    Schwab Antitrust Settlement With Investors Gets Initial OK

    A Texas federal judge has granted the first green light to a settlement calling for Charles Schwab Corp. to implement an antitrust compliance program designed by an independent consultant, resolving a class of retail investors' claims they had to pay increased transaction costs for trades following the Schwab-TD Ameritrade merger in 2020.

  • February 20, 2025

    NCAA Wins First Round In Latest Fight Over Athlete Eligibility

    A University of Georgia baseball player's request for a temporary restraining order to allow him to play immediately this season was denied by a Georgia federal judge, after the NCAA argued that its eligibility policies should not be overridden without a "more fulsome" hearing.

  • February 20, 2025

    Drug Buyers Get OK On $275M Sandoz Antitrust Settlement

    Swiss drugmaker Sandoz and its subsidiaries will pay consumers, insurers and other "end payer plaintiffs" $275 million to settle class action claims that it conspired with other companies to fix the price of certain generic drugs, under a deal that got preliminary approval from a Pennsylvania federal court Wednesday.

  • February 20, 2025

    Tenn. Player Says NCAA Waiver Denial Ends College Career

    A college baseball player said he is being "irreparably harmed" by a Tennessee federal judge's decision denying his early request to override NCAA eligibility rules so he can play for the University of Tennessee for the Spring 2025 season, arguing that if the ruling is not reversed, his "collegiate baseball career will be over."

  • February 20, 2025

    No Deal In Sight For DOJ's Case Against Amex GBT Merger

    The Justice Department and American Express Global Business Travel appear unlikely to settle a government challenge to the planned $570 million purchase of CWT, according to a New York federal court filing that came just a day after the transaction got a boost from U.K. authorities.

  • February 20, 2025

    FCPA Shake-Up May Open Bribery Loophole

    New guidelines in the works for Foreign Corrupt Practices Act enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances U.S. interests, and the looming changes are creating an unsettled environment for attorneys who practice in the space, experts say.

  • February 20, 2025

    Competition Group Of The Year: Cravath

    Cravath Swaine & Moore LLP scored a trailblazing antitrust verdict for Epic Games when a California federal jury decided Google's Play Store illegally dominated the Android app market, making Cravath one of the 2024 Law360 Competition Groups of the Year.

  • February 20, 2025

    Ex-Heritage Pharma CEO Disciplined Over Price-Fixing Case

    The New Jersey Supreme Court has retroactively suspended the former chief executive of Heritage Pharmaceuticals Inc. from the state bar for three years over his role in a price-fixing conspiracy.

  • February 20, 2025

    Sen. Warren Wants DOJ To Probe Disney-FuboTV Deal

    Sen. Elizabeth Warren is calling on the U.S. Department of Justice to "closely scrutinize" Disney's acquisition of a majority stake in the live television streamer Fubo, saying the deal raises serious antitrust concerns and could allow Disney to inflate prices.

  • February 20, 2025

    Musk's X Seeks Cash At $44B Valuation, Plus More Rumors

    Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 20, 2025

    Conflicts Should Block Mastercard Settlement, Innsworth Says

    Litigation-funder Innsworth told the Competition Appeal Tribunal on Thursday that the negotiating process behind a £200 million ($250 million) settlement to end a mass claim against Mastercard has created conflicts of interest which mean the deal should be refused. 

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    FTC 'Independence' When Dissent Can 'Get You Fired'

    The independence of agencies meant to run separately from the executive branch is on the chopping block and observers say that while the Federal Trade Commission already aligns itself with the White House to a large degree, unrestricted presidential power over commissioners could reshape the FTC in important ways.

  • 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.

Expert Analysis

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Trending At The PTAB: Collateral Estoppel Continues Evolving

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    We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

  • Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion

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    Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Takeaways From DOJ's Intervention On Pricing Algorithm Use

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    A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Expect More State Scrutiny Of PE In Healthcare M&A

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    While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships

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    The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.

  • Opinion

    FTC Actions In Oil Cases Go Against Its Own Rulemaking

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    Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • FTC Focus: Zeroing In On Post-Election Labor Markets

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    The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.

  • 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.

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