Competition

  • January 28, 2025

    4th Circ. Raises Questions Over Health Data Access Order

    A Fourth Circuit panel focused Tuesday on whether an exception to federal law barring electronic health record companies from blocking the exchange of patient data applies to a request from Real Time Medical Systems to access nursing home data from PointClickCare.

  • January 28, 2025

    Intuitive Beats $140M Antitrust Case Ahead Of Closings

    A $140 million antitrust case against Intuitive Surgical Inc. took a dramatic turn toward the close of trial Tuesday when a California federal judge threw out all claims against Intuitive and discharged the jury, citing the lack of evidence of an aftermarket under the Ninth Circuit's recent Epic Games v. Apple ruling.

  • January 28, 2025

    'Pencils Down' For Meta, Netflix Antitrust Case In Ill.

    Meta Platforms Inc., Netflix and a proposed class of consumers claiming the companies cut an illegal deal ceding the video streaming market to Netflix can wait to continue litigating their case until a California federal judge mulls summary judgment over similar claims out west, an Illinois federal judge said Tuesday.

  • January 28, 2025

    Minn. AG Settles Novo Nordisk Insulin Claims With Price Cap

    Minnesota's attorney general has reached a settlement resolving a long-running lawsuit accusing Novo Nordisk of inflating insulin prices, with the company agreeing to a $35 per month cap on out-of-pocket costs for state residents.

  • January 28, 2025

    'Extraordinary' $630M CDK Deal Wraps Auto Dealer Data MDL

    A certified class of car dealership app makers is seeking preliminary approval for the final settlement in the years-old web of cases accusing CDK Global of monopolizing auto dealership management software, with a $630 million Wisconsin federal court deal that puts a $140 million premium on estimated damages.

  • January 28, 2025

    Arguments Lined Up Against NCAA's $2.8B NIL Settlement

    A prominent plaintiffs-side sports attorney is joining the Department of Justice and a handful of athletes in trying to stop the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, which he says would impose "a price fix [that] harms athletes."

  • January 28, 2025

    Apple Can't Defend Google Revenue Deal In DOJ Search Case

    A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.

  • January 28, 2025

    'Godfather' Of AG Defense Retiring From Cozen O'Connor

    Bernard "Bernie" Nash, an attorney who pioneered the practice of defending companies against investigations by state attorneys general, is retiring from Cozen O'Connor and handing over the reins to his handpicked successors after nearly 50 years in private practice.

  • January 28, 2025

    Logistics Co. Says Director Created Rival While Still Employed

    A third-party logistics company took one of its former sales directors to North Carolina federal court alleging the man broke his employment contract while working for the company, misappropriated trade secrets and poached its clients to start his own competing firm.

  • January 28, 2025

    Vivint 'Kicking Dead Horse' In $190M TM Suit, 4th Circ. Hints

    Smart home software company Vivint faced an uphill battle Tuesday trying to convince the Fourth Circuit to dismantle a nearly $190 million verdict for allegedly tricking its rival's customers into switching providers, with one judge saying Vivint's claims that the lower court misapplied state consumer protection law are fruitless.

  • January 28, 2025

    Trump Wants TikTok 'Bidding War' As Microsoft Enters Talks

    President Donald Trump said that Microsoft is in discussions to purchase TikTok, stressing that a bidding war would be a "good thing" because that's how to get "the best deal."

  • January 28, 2025

    CMA Panel Blasts Microsoft's Software Licensing Practices

    The antitrust watchdog should consider sanctioning Microsoft over the harmful effect of its software licensing practices on the cloud computing market, an independent inquiry group said Tuesday.

  • January 27, 2025

    Pilgrim's Pride, Investors Ink $41.5M Price-Fixing Deal

    Investors in Pilgrim's Pride asked a Colorado federal judge Friday to greenlight a settlement with the meat company and its former CEO, who have agreed to pay $41.5 million to resolve long-running claims over misrepresentations and price-fixing in the broiler chicken market that led to artificially inflated stock prices.

  • January 27, 2025

    ​​​​​​​States Back In Spotlight As Feds Exit Net Neutrality Debate

    The Sixth Circuit might have recently hammered the last nail into the coffin of federal net neutrality rules, but states are poised to fill the void — just as some did when the last Trump administration tanked a previous broadband regulatory regime.

  • January 27, 2025

    Takeda Pushes Meijer Antitrust Suit Into Arbitration

    Meijer is going to have to arbitrate its claims that Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.

  • January 27, 2025

    Jury Will Decide $140M Intuitive Robo-Surgery Antitrust Case

    A federal judge on Monday rejected dueling requests for directed verdicts at the wrap of a $140 million antitrust trial over claims that Intuitive Surgical abused its market power in barring a repair provider's refurbished part for Intuitive's surgery robot, saying there's "substantial evidence" for jurors to decide on the parties' claims and counterclaims.

  • January 27, 2025

    FCC No Longer Mulling Broadband Bulk Billing Restrictions

    With the Federal Communications Commission now under Republican leadership, the agency has decided to pull its plan to restrict bulk billing for broadband services from the FCC's regulatory agenda.

  • January 27, 2025

    'Guesswork' Dooms Class Cert. In Meta Privacy Antitrust Suit

    A California federal judge has refused to certify a class of consumers who say Meta would have to pay users for their data if it didn't lie about privacy safeguards, finding that the motion was undone by the opinions of an economist who cannot get from general economics to market reality.

  • January 27, 2025

    Pair Of Google Advertisers Must Arbitrate Ad Tech Claims

    A New York federal court found that a pair of advertisers will have to arbitrate their claims against Google instead of trying to represent a class in the multidistrict litigation accusing the tech giant of monopolizing key digital advertising technology.

  • January 27, 2025

    FTC Mired Startups, But Trump Brings Hope, Tech Group Says

    Aggressive antitrust enforcement gave startups fewer exit opportunities as large companies like Google, Amazon and Apple pulled back on acquisitions, according to a Monday report from the Computer & Communications Industry Association, yet the trade group's chief economist is optimistic things will change under President Donald Trump. 

  • January 27, 2025

    Pool Co. To Face Rival's Contempt Bid Over $16M Judgment

    A Chinese pool parts supplier will have to appear for a show cause hearing to address whether it should be held in contempt for allegedly funneling money out of the country to avoid paying a $16 million judgment, a North Carolina federal judge said Monday.

  • February 03, 2025

    Morgan Lewis Adds Competition, Finance Pros In London

    Morgan Lewis & Bockius LLP said Monday it has hired specialists in competition and structured finance from Baker McKenzie and Akin Gump, respectively, as it looks to continue to expand across Europe.

  • January 27, 2025

    Ancora Seeks To Make US Steel 'Great Again' With New Board

    Ancora Holdings Group on Monday said it plans to make U.S. Steel "great again" by installing a new CEO and board at the company "committed to abandoning" the $14.9 billion proposed merger with Nippon Steel that was blocked by former President Joe Biden earlier this month. 

  • January 24, 2025

    Intuitive Doesn't Owe 'Free-Riding' Firm $140M, Expert Says

    Robotic surgery pioneer Intuitive Surgical isn't a monopolist since it competes with other surgery options and a "free-riding" surgical repair company isn't due up to $140 million in profits allegedly lost due to Intuitive blocking its unauthorized part-refurbishment service, an economist testified Friday in a California antitrust trial.

  • January 24, 2025

    Anschutz Gets Trade Secrets Trial Delayed Amid Sale Dispute

    A Colorado state judge on Friday delayed an upcoming trial in a trade secrets suit brought by Anschutz Exploration Corp., giving the parties more time to deal with a discovery fight over a recent sale that left the jurist "totally dumbfounded" and "furious" at a Denver oil prospector earlier this week.

Expert Analysis

  • Bayer Antitrust Case Hinged On Evolving Market Definition

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    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.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    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.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    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.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    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.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    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.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    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.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Comparing 5 Administrators' Mass Arbitration Procedures

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    Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • 4 Steps To Address New Sanctions Time Bar Extension

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    Recent guidance from the Office of Foreign Assets Control clarifies details of the newly extended statute of limitations for civil and criminal enforcement of U.S. sanctions law, so compliance teams should implement key updates, including to lookback periods and recordkeeping policies, say attorneys at Freshfields.

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