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Competition
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August 13, 2024
DOD Says Missing License Is Needed To Dispute $1B Fuel Deal
The Defense Logistics Agency has urged the Court of Federal Claims to toss a protest alleging a $1 billion African fuel supply deal requires a license that can only be secured through bribery, saying not already having the license dooms the protester's case.
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August 13, 2024
Kroger Blasts FTC's 'Head-To-Head' Competition Claims
Kroger and Albertsons have assailed the Federal Trade Commission's challenge to their merger, telling an Oregon federal judge that there's no need to preliminarily block the deal because the agency is pushing a "never before applied" theory that reducing head-to-head competition is illegal, which the grocery stores said is undone by the law and the companies' planned divestiture of 579 stores.
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August 13, 2024
Ex-Pro Says $2B NCAA Deal Undercuts Collective Bargaining
Former NBA player David West and his attorney have joined a growing chorus of opposition to the NCAA's more than $2 billion proposed name, image and likeness settlement with college athletes, arguing it circumvents collective bargaining.
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August 13, 2024
3D Printing Co. Investor Wants Merger With Israeli Co. Blocked
An investor of 3D printing solutions company Desktop Metal Inc. is attempting to stop the company's proposed merger with Israeli manufacturing firm Nano Dimension Ltd., saying Desktop Metal's deficient proxy statement shows only benefits for the company's executives and directors.
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August 13, 2024
HP Inks Deal To End Claims Printer Update Locked Out Rivals
HP Inc. and a certified class of consumers told a California magistrate judge Monday that they have reached a settlement in principle to resolve a class action alleging the printer maker illegally forced customers to purchase overpriced HP-branded ink and toner supply cartridges by making alternative products incompatible with their printers.
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August 13, 2024
Congress Didn't Want Utility-Style Internet Regs, 6th Circ. Told
Internet service providers urged the Sixth Circuit to deep-six the Federal Communications Commission's recent decision to reclassify broadband as a telecommunications service and impose net neutrality rules, saying Congress never intended that change even under the broadest reading of federal law.
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August 13, 2024
Flyers Denied Standing To Stop Alaska-Hawaiian Airlines Deal
A Hawaii federal judge has tossed an antitrust lawsuit seeking to block Alaska Airlines' proposed merger with Hawaiian Airlines, saying a group of airline passengers and travel agents spearheading the lawsuit haven't alleged any concrete harm from the would-be merger.
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August 13, 2024
Ontario Athlete Fights NCAA Ban On Junior Hockey Players
The NCAA conspires to control the youth hockey market by barring anyone who has played in professional hockey's top junior league from playing in college, junior player Rylan Masterson claims in a proposed class action against the NCAA and 10 major-college programs.
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August 13, 2024
Eateries Can't Stop $75M Settlements In Chicken Antitrust Suit
An Illinois federal judge granted final approval Tuesday to $75 million in settlements between direct chicken purchasers and House of Raeford Farms and Koch Foods in a massive consolidated price-fixing case, denying an objection by restaurants, which he said could not second-guess class counsel's decisions after failing to opt out.
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August 13, 2024
Lenovo Gets Partial Victory In Patent Suit Information Fight
A federal court has ordered technology company InterDigital to hand over certain records to Lenovo as part of a patent infringement suit, reasoning that the latter company met the pleading standards under North Carolina law.
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August 13, 2024
FTC Says Fix In Epic's Google Case Should Spur Competition
The Federal Trade Commission has told a California federal court that it has the power to impose a wide range of remedies after a jury found that Google violated antitrust law through its app store policies and urged the court to reject Google's concerns about the proposed changes.
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August 13, 2024
FTC Makes 2nd Request In Review Of Medical Device Co. Deal
Medical device company Surmodics Inc. disclosed Monday that federal regulators are taking a closer look at its agreement to be acquired by private equity giant GTCR in a $627 million deal.
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August 13, 2024
BCLP Adds EX-FTC Attorney To Antitrust Team In DC
Bryan Cave Leighton Paisner LLP said Tuesday that a senior attorney at the Federal Trade Commission had joined its Washington office as a partner in its antitrust and competition practice.
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August 13, 2024
Rival Building Suppliers Net $3M Deal To End Competition Tiff
A New York building supplier will pay its California rival $3 million to resolve allegations that it poached employees in North Carolina and stole trade secrets to unfairly compete in the region, according to settlement documents provided to Law360.
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August 13, 2024
1st Sub-Class CPO Gives Funders Chance To Hedge Bets
A recent decision by the U.K. antitrust tribunal makes it possible for litigation-funders to hedge their bets on complex competition disputes with rival sub-classes of claimants by allowing a truck-cartel claim to proceed after it tackled concerns about conflicts of interest by reshaping the financing arrangements that back the case.
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August 12, 2024
9th Circ. Won't Rethink Upending Sutter Health Antitrust Win
The Ninth Circuit refused Monday to reconsider a panel's split decision overturning Sutter Health's defeat of insurance plan purchasers' $400 million antitrust suit, summarily rejecting hospital system arguments that the court wrongly put in play corporate "purpose" and decades-old communications.
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August 12, 2024
Female Athletes Say $2.8B NCAA Deal 'Vastly Favors' Men
A group of female athletes objected to a more than $2 billion proposed class settlement with the NCAA over use of their name, image and likeness, arguing the deal "vastly favors" male athletes and perpetuates an existing gender pay gap.
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August 12, 2024
Lululemon Gets PTAB To Review Nike Flyknit Patent
The Patent Trial and Appeal Board will evaluate whether all claims of a Nike patent covering its Flyknit line of sneakers are invalid, in a challenge brought by Lululemon.
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August 12, 2024
DOJ Says Live Nation NY Suit 'Far Beyond' DC Merger Deal
The U.S. Department of Justice has urged a New York federal judge not to transfer its antitrust suit against Live Nation, arguing its allegations go well beyond the 2010 deal clearing the purchase of Ticketmaster, a deal Live Nation says warrants sending the case to Washington, D.C.
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August 12, 2024
Gamers Freed From Arbitration Take On Valve's 30% Cut
Valve, the operator of the dominant PC game marketplace Steam, is facing a new proposed class action accusing the company of monopolizing the gaming market to artificially inflate prices, this time from a group of plaintiffs who say they have overcome the company's arbitration agreements.
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August 12, 2024
Tougher 'Spectrum Screen' Would Spur Competition, FCC Told
To make room for at least a fourth competitor in the wireless industry, advocacy groups want the Federal Communications Commission to further tighten limits on the holdings of the three biggest holders of commercial spectrum.
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August 12, 2024
States Want Teva Generic Price Fixing Case Tried 1st
A coalition of state attorneys general suing a slew of generic drugmakers are asking for a Connecticut federal court to proceed with one of the two cases before the other, saying the outcome in that case will have a "significant impact" on settlement talks with other pharmaceutical company plaintiffs.
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August 12, 2024
The Biggest Telecom Developments Of 2024: Midyear Report
The first half of 2024 saw sweeping change in the telecom sphere as the Federal Communications Commission's Democratic majority pushed through controversial net neutrality rules and confronted challenges on artificial intelligence, national security and more, but also faces the prospect of new headwinds as the nation's top court pared back powers of federal agencies.
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August 12, 2024
Conn. Toothbrush Co. Says Rival In Poland Copied Design
The manufacturer of the Autobrush automatic toothbrush said they have nothing to smile about regarding a Polish company's similar U-shaped toothbrush, claiming in Connecticut federal court that its patents have been infringed.
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August 12, 2024
UK Competition Watchdog Looking Into $35B Software Deal
The U.K.'s competition regulator said Monday it is delving into whether Synopsys Inc.'s $35 billion acquisition of Ansys Inc. will hurt competition in the region.
Expert Analysis
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The Drawbacks Of Banking Regulators' Merger Review Plans
Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Deciding What Comes At The End Of WTO's Digital Tariff Ban
Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.
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FTC Noncompete Ban Signals Rising Labor Focus In Antitrust
The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Behind Indiana's Broad New Healthcare Transactions Law
The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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What FERC's Disclosure Demands Mean For Cos., Investors
Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.
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Clemson's ACC Exit Fee Suit May Have Major Consequences
Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.
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FDIC Bank Merger Reviews Could Get More Burdensome
Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Apple Ruling Offers Morsel Of Certainty On Litigation Funding
An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.