Competition

  • February 24, 2025

    Atty Faces $190K Demand After Losing Malicious Litigation Trial

    A trio of Blank Rome LLP attorneys and an aviation company told a Pennsylvania federal court on Friday they are owed combined costs of nearly $200,000 from an attorney who lost a malicious litigation jury trial against them in December.

  • February 24, 2025

    Competition Group Of The Year: WilmerHale

    The competition group at WilmerHale helped Tesla score a key ruling last year in a case challenging efforts to block its direct-sales model in Louisiana and also helped Novelis Inc. reach a favorable settlement in a long-standing dispute with a rival aluminum supplier, earning a spot among the 2024 Law360 Competition Groups of the Year.

  • February 24, 2025

    Apple Antitrust Ace Returns To Latham In Bay Area

    Latham & Watkins LLP announced Monday that it has welcomed back an attorney who was working as in-house counsel for Apple to bolster its antitrust and competition practice and enhance its efforts to handle monopolization cases.

  • February 24, 2025

    NCAA Blasts Baseball Player's Bid For More Eligibility

    The NCAA came out firing against a college baseball player's attempt to play at the University of Tennessee, asserting that its rules governing athletes' eligibility are not reviewable under federal antitrust law despite a recent court decision calling that position into question.

  • February 24, 2025

    High Court Declines To Review Reach Of Trade Secrets Law

    The U.S. Supreme Court on Monday turned down a petition from a Chinese company asking it to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.

  • February 24, 2025

    Justices Won't Rehear Case Against NY Broadband Price Cap

    The U.S. Supreme Court on Monday again rejected a telecom industry bid to reverse a New York state law capping the price for basic broadband service plans that must be offered to low-income households after first turning down the case in December.

  • February 22, 2025

    NY Judge Extends Block On DOGE's Treasury Access

    A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.

  • February 21, 2025

    FTC's Holyoak Has Her Eyes On DeepSeek

    Federal Trade Commission member Melissa Holyoak suggested Friday that DeepSeek, the Chinese artificial intelligence startup whose rise has roiled AI markets, could have competed unfairly if it really trained its model using ChatGPT in violation of OpenAI's policies, as has been suggested.

  • February 21, 2025

    Apple Can Claw Back Mistakenly Produced Docs In Epic Fight

    A California federal magistrate judge said Friday that Apple can claw back two documents the tech giant said it accidentally produced during discovery for an antitrust suit brought by Epic Games, rejecting the game developer's assertion that Apple's bid was "opportunistic."

  • February 21, 2025

    Drugmakers Slam 'Untimely' Claims In Employers' Antitrust Suit

    Pharmaceutical companies targeted by sweeping antitrust lawsuits from major employers, including Target, Lowe's and American Airlines, have asked a Pennsylvania federal judge to trim conspiracy claims from a lawsuit accusing them of orchestrating illegal agreements for price-fixing and customer allocation, arguing the allegation was unsupported and untimely.

  • February 21, 2025

    MSN Calls Novartis' Entresto Delisting Protest 'Disingenuous'

    Novartis' claim that there's no rush to decide whether a patent covering its blockbuster cardiovascular drug Entresto should be removed from a key drug database is "disingenuous and a complete about-face," MSN Pharmaceuticals has told a Delaware federal judge.  

  • February 21, 2025

    Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says

    The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.

  • February 21, 2025

    Exxon Can't Dodge RICO Claims In Puerto Rico Federal Court

    A U.S. magistrate judge said Puerto Rican municipalities should be allowed to pursue racketeering and antitrust claims against energy companies including Exxon Mobil Corp. that they allege misrepresented the climate dangers of fossil fuel products.

  • February 21, 2025

    'Unsupported Conclusions' Doom Ad App Suit Against Google

    A California federal judge has permanently tossed an antitrust suit accusing Google of kicking a now-defunct advertising app maker out of the Play Store in order to squelch a potential digital advertising rival, finding that the act alone was not enough to show harm to the market from the alleged monopolization.

  • February 21, 2025

    Off The Bench: White House Hosts PGA Tour-LIV Golf Summit

    In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.

  • 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."

Expert Analysis

  • Executive Orders That Could Affect Financial Services In 2025

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    The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.

  • How New Merger Filing Rules Will Affect Economic Advocacy

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    New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.

  • Impact Of Corporate Transparency Act Ambiguity On Banks

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    Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Opinion

    Antitrust Posturing Against Algorithmic AI Should End

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    President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Back To The Future? Antitrust Enforcement Under Trump 2.0

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    While the transition to the second Trump administration's antitrust policy should be accompanied by less uncertainty, we're unlikely to get a full sense of the true focus and tenor of competition enforcement under Trump 2.0 before late next year, say attorneys at Simpson Thacher.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • 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.

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