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Competition
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October 29, 2024
Developer Can't Revive COVID-19 App Suit Against Apple
A California federal judge declined to revive an antitrust suit against Apple for not distributing a COVID-19 tracking app on its app store, saying a Ninth Circuit denial of the app maker's appeal after the case was dismissed in district court "is the law" of the case.
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October 29, 2024
Patent Partner Moves From King & Spalding To Steptoe
A former King & Spalding LLP partner has made the jump to Steptoe LLP, filling out the firm's team of California-based litigators who take on patent cases.
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October 29, 2024
Google Seeks To Toss Yelp's 'Self-Preferencing' Case
Google urged a California federal court Monday to toss Yelp's case accusing the search giant of giving preference to its own local search offerings over Yelp and others, saying the review site has been "peddling these same claims to antitrust authorities around the world for over a decade."
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October 29, 2024
UK, EU Finish Negotiations Over Antitrust Cooperation Pact
The U.K. government announced Tuesday that it had concluded negotiations with the European Union on a deal to boost cooperation between British and European competition enforcement authorities.
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October 29, 2024
Senate Panel Targets 'Clever' Pharma Pricing
The Senate Judiciary Committee on Tuesday railed against drugmakers and pharmacy benefit managers for allegedly causing the high cost of prescription drugs, arguing that "Big Pharma" has used anticompetitive tactics through patenting to fleece American patients.
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October 29, 2024
K&L Gates Hires Brussels Antitrust Pro From Gibson Dunn
K&L Gates LLP has added an experienced state aid and competition law specialist to its Brussels office, amid the European Commission's increased focus on renewable energy and the move to decarbonize.
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October 29, 2024
Judge Rules Texas Grid Projects Law Unconstitutional
A Texas federal judge on Monday ruled that a right of first refusal law in Texas reserving new power line development for the state's incumbent transmission companies violates the U.S. Constitution's commerce clause.
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October 28, 2024
Google Shadow Attacks Divert Regulator Eyes, Microsoft Says
Like a shadow in the night, Google has been quietly organizing campaigns to attack Microsoft, mislead the public and divert antitrust regulatory scrutiny away from itself, a top attorney for the Washington tech giant claimed Monday in a fiery blog post.
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October 28, 2024
Apple Withholding Docs In Monopoly Row, Epic Says
Epic Games and Apple continued on in a discovery dispute in Epic's suit accusing Apple of monopolizing the iOS app distribution and in-app payment processing markets, with the video game company saying in a joint letter filed Friday that Apple is withholding "tens of thousands" of responsive documents.
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October 28, 2024
Handbag Cos. Turn To 2nd Circ. Over Pause On $8.5B Merger
The owners of Michael Kors and Coach plan to ask the Second Circuit to review a New York federal judge's order granting the Federal Trade Commission's bid to halt an $8.5 billion merger between the companies while the agency conducts an in-house merger challenge, according to a notice filed Monday.
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October 28, 2024
Wash. AG Candidates Clash On Consumer Protection, Guns
The candidates vying to replace Washington Attorney General Bob Ferguson, who carved out a national reputation as an antitrust champion, present starkly different visions on whether to build upon his tenure or reverse course, clashing not just on consumer protection, but also gun safety and access to reproductive care.
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October 28, 2024
9th Circ. Nixes Arbitration In Live Nation Ticket Sale Suit
The Ninth Circuit affirmed Monday that Live Nation and Ticketmaster can't force consumer litigation over allegedly exorbitant ticket prices into arbitration, ruling in a published opinion that the underlying arbitration agreement linking to "borderline unintelligible" arbitral rules is unenforceable.
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October 28, 2024
Hermes Wants Antitrust Suit Over Birkins Tossed For Good
Hermes again urged a California federal judge on Friday to toss a proposed class action accusing the French luxury design house of tying its exclusive Birkin and Kelly bags to the purchase of other items, saying the plaintiffs did not come close to proving antitrust law violations in a complaint now twice amended.
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October 28, 2024
Rebar Giant Pushed 'Hands-Off Calif.' Deal, Antitrust Jury Told
Commercial Metals Co.'s ex-CEO conceded during a federal antitrust jury trial Monday that the Texas rebar giant pushed micromill-maker Danieli Corp. into a "hands-off California" exclusivity provision barring Danieli from developing most Golden State rival mills days after discovering Pacific Steel Group was planning to build a mill in Southern California with Danieli.
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October 28, 2024
X Says Watchdog's Discovery Can't Target Musk In Libel Suit
X Corp. fired back Monday at a left-leaning watchdog's attempt to secure information concerning how the social media platform polices its content, telling a Texas federal judge that the organization is merely trying to get a "scoop" by obtaining Elon Musk's personal messages.
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October 28, 2024
Realtor.com Owner, CoStar Debate CFAA's Limits In Theft Suit
An attorney for Costar urged a California federal judge Monday to reconsider a tentative ruling that would allow Realtor.com's parent company to amend a Computer Fraud and Abuse Act claim alleging its rival unlawfully accessed its computers, saying the company should be limited to arguing it suffered "technological harms."
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October 28, 2024
FTC, DOJ Tell 9th Circ. Google Wrong On Play Store Fixes
Federal antitrust enforcers told the Ninth Circuit there should be consequences after a jury found Google monopolized the Android app distribution market, as Google pushes to keep a court order paused in the antitrust case being brought by Epic Games.
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October 28, 2024
Law Prof Calls Out Atty Fees, Workarounds In NAR Deal
A University at Buffalo Law School professor on Monday urged a federal judge to reject the National Association of Realtors' $1 billion settlement in an antitrust class action, arguing the deal only serves to enrich lawyers in the case while allowing an anticompetitive system to continue.
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October 28, 2024
Pfizer Urges Court Not To Ax Delay Defense In Vax IP Fight
Pfizer and BioNTech have urged a Delaware federal judge to reject GlaxoSmithKline's attempt to toss claims that the COVID-19 vaccine technology patents GSK is accusing them of infringing are unenforceable because of an unreasonable delay in obtaining them.
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October 28, 2024
FuboTV Fights To Keep Broadcast Bundling Under Scrutiny
Sports streaming service FuboTV is pushing to keep its antitrust claims against the content distribution used by Disney, Fox and Warner Bros. Discovery in court, telling a New York federal judge such arrangements "freeze out" smaller distributors.
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October 28, 2024
7 Months, 11 Dissents: GOP Minority Flexes Muscles At FTC
The Federal Trade Commission's two relatively new Republican members are starting to show how they'll use their minority position to full advantage. Sometimes they've fully signed on to the Democratic majority, other times they've dissented emphatically. And the GOP members showed something new this month when approving a dramatic overhaul to the agency's merger filing rules: forcing their colleagues to compromise.
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October 28, 2024
Hotel Guests Ask 3rd Circ. To Look At Algorithm Price-Fix Suit
Three Atlantic City guests are taking their beef with hotel-casinos to the Third Circuit after a New Jersey federal court threw out their lawsuit that accused hotel owners in the town of using an algorithm to inflate the price of rooms.
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October 28, 2024
MVP: Joseph Saveri Law Firm's Joseph Saveri
Joseph Saveri of Joseph Saveri Law Firm has tackled some of the year's biggest antitrust class action cases — winning settlements for Ultimate Fighting Championship fighters, competitive cheer teams and Jackson Hewitt employees — earning him a spot among the 2024 Law360 Competition MVPs.
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October 28, 2024
Attys Seek $48M Fees For Hooking $152M In Tuna Fixing Deals
Lawyers for a class of consumers that sued three of the largest tuna producers accusing them of conspiring to fix tinned fish prices asked a California federal court to approve nearly $50 million in legal costs after a settlement this summer ended nearly nine years of multidistrict litigation.
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October 28, 2024
Hospital Wants NC County's 'Monopoly' Suit Tossed
Owners of an Asheville, North Carolina, hospital accused of understaffing its emergency room and driving up wait times say the county suing them for unjust enrichment is actually trying to get paid twice for healthcare its emergency responders have already provided.
Expert Analysis
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
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EU Merger Control Concerns Remain After ECJ Illumina Ruling
The recent European Court of Justice judgment in Illumina-Grail is a welcome check on the commission's power to review low-threshold transactions, but with uncertainty persisting under existing laws and discretion left to national regulators, many pitfalls in European Union merger control remain, says Matthew Hall at McGuireWoods.
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Why India May Become A Major Patent Litigation Forum
India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
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Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent
A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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FTC Focus: What Access To Patent Settlements Would Mean
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Bayer Antitrust Case Hinged On Evolving Market Definition
Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.