Competition

  • 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.

  • February 17, 2025

    CMA Wants Answers From Tile Biz Over £9M Deal To Buy Rival

    The Competition and Markets Authority said Monday that an initial investigation into the £9 million purchase by tile retailer Topps Tiles of 30 stores of rival CTD Tiles raises concerns over competition in four U.K. regions.

  • February 14, 2025

    Uber Starts Antitrust Food Fight With DoorDash

    DoorDash Inc. has devised an unlawful scheme to stifle competition with its main rival, Uber Eats, by forcing restaurants to exclusively work with DoorDash to manage their in-house deliveries, which hikes costs for restaurants and customers, Uber Technologies Inc. alleges in a lawsuit filed Friday in Golden State court.

  • February 14, 2025

    FTC Political Appointees Told To Break Up With 'Leftist' ABA

    Federal Trade Commission Chair Andrew N. Ferguson told agency staff in a letter that political appointees cannot hold leadership positions in the American Bar Association, attend its events or renew their memberships, citing the ABA's "leftist advocacy and its recent attacks" on the Trump administration's agenda.

  • February 14, 2025

    FTC's Ferguson, PBMs Agree: Nix Leader Removal Safeguards

    Federal Trade Commission Chairman Andrew N. Ferguson offered his own support for enabling the president to readily fire independent agency commissioners at the FTC and beyond, a day after pharmacy benefit managers cited the new U.S. Department of Justice policy in their own battle with the FTC.

  • February 14, 2025

    'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid

    The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."

  • February 14, 2025

    Trump Aims To End Limits On President's Power To Fire

    President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.

  • February 14, 2025

    CVS Wins Arbitration In Medicare Fee Antitrust Suit

    An Arizona federal judge ordered four independent pharmacies to arbitrate their claims accusing CVS of exploiting a Medicare loophole to charge them exorbitant fees, saying several unconscionable provisions in an underlying arbitration clause could be severed.

  • February 14, 2025

    NHL, CHL Ask Court to Toss Junior Players' Antitrust Lawsuit

    The National Hockey League has asked a Washington federal court to toss an antitrust lawsuit challenging a rule that dictates where junior athletes can play, arguing that most enforcement of the rule took place in Canada.

  • February 14, 2025

    Judge Upholds Pay-For-Delay Ban Law, But Only In Calif.

    A California federal judge has upheld part of a new state law that the Association for Accessible Medicines alleged unlawfully restricted "reverse payment" settlements between makers of brand-name and generic drugs, finding that the law's attempt to regulate deals outside of California runs afoul of the Constitution, but is otherwise valid.

  • February 14, 2025

    Off The Bench: Trans EO, Cards Arbitration, NASCAR Revs Up

    In this week's Off The Bench, litigation begins over President Donald Trump's executive order banning transgender individuals from competing in women's sports, a former Arizona Cardinals executive's defamation suit against the team is shuffled to arbitration, and NASCAR asks an appeals panel to reverse wins handed to two teams in their antitrust suit.

  • February 14, 2025

    Tenn. Baseball Player Denied Early Waiver From NCAA Rules

    A Tennessee federal judge has rejected an early request from a college baseball player to override NCAA eligibility rules so he can play for the University of Tennessee before the season starts on Friday.

Expert Analysis

  • 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.

  • Destination Skiing And The DOJ's Mountain Merger Challenge

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    Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

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