Competition

  • November 19, 2024

    HP Joins Patent Pool After Resolving Suit Over 'Unfair' Terms

    HP has agreed to join a patent pool for coding technology developed by companies like Dolby Laboratories, Mitsubishi and Philips, months after alleging that the group was engaging in "a money grab" to coerce it to accept "unfair and discriminatory licensing terms."

  • November 19, 2024

    Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row

    A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.

  • November 19, 2024

    9th Circ. Grapples With $56M Verdict In TM Beer Battle

    A Ninth Circuit panel on Tuesday weighed whether to uphold a $56 million trial victory for Stone Brewing over allegations that MillerCoors infringed the "Stone" mark with its Keystone beer, with judges digging into questions about whether Stone Brewing filed the suit late.

  • November 19, 2024

    Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus

    President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.

  • November 19, 2024

    Alaska Airlines Fights Emergency 9th Circ. Bid To Halt Merger

    Alaska Airlines has urged the Ninth Circuit not to grant an emergency motion blocking its $1.9 billion acquisition of Hawaiian Airlines, saying the request was filed by flyers and travel agents "without an emergency" after they waited for four months to try to enjoin the airlines from merging.

  • November 19, 2024

    Neb. AG Expands Electric Trucks Fight To Volvo, Daimler

    However a federal court challenge to California's phaseout of gasoline and diesel trucks plays out, Nebraska's attorney general wants to make sure that Volvo, Daimler and other semitruck giants don't eliminate traditional fossil fuel-powered vehicles, filing a Nebraska state court antitrust suit Tuesday describing phaseout commitments as anticompetitive collusion.

  • November 19, 2024

    Court Won't Toss Consumer Antitrust Case Against Amazon

    A Washington federal court issued a sealed order Tuesday denying Amazon's bid to toss updated claims from consumers seeking billions of dollars over allegations that they pay higher prices thanks to the e-commerce giant's treatment of sellers on its platform.

  • November 19, 2024

    Ill. Makes $1.8M Staffing Antitrust Deal After High Court Input

    Illinois Attorney General Kwame Raoul on Tuesday announced a $1.8 million settlement with one of three staffing agencies the state accused of unlawfully agreeing not to poach each other's employees and to offer below-market wages to those assigned to work for a client they shared.

  • November 19, 2024

    DOJ Effort To Force Google Chrome Sale Draws Criticism

    Google's regulatory chief and at least one trade group are blasting a reported push from the U.S. Department of Justice to seek expansive remedies and potentially force a sale of Google Chrome in an ongoing court battle with the tech giant.

  • November 19, 2024

    Advertisers Fight Google's Arbitration Bid In Ad Tech MDL

    A pair of advertisers seeking to represent a class in multidistrict litigation accusing Google of monopolizing key digital ad technology are fighting a bid to push their claims to arbitration, arguing Google's arbitration agreements are unenforceable.

  • November 19, 2024

    Senators Blast Visa And Mastercard, Promise Action On Fees

    A bipartisan group of Senate Judiciary Committee members blasted executives from Visa and Mastercard on Tuesday over swipe fees charged to merchants, promising to rein in what the lawmakers called the companies' monopoly on credit card payments if they do not change their practices.

  • November 19, 2024

    Litigation Funder Can't Arbitrate German Biz's Discovery Bid

    A Delaware federal judge has denied litigation funder Burford Capital's request to force arbitration of a discovery bid associated with foreign litigation accusing the German arm of law firm Hausfeld LLP of trying to circumvent a German ban on contingency fees in certain antitrust litigation.

  • November 19, 2024

    Crowell & Moring's NY Antitrust Head Joins King & Spalding

    King & Spalding LLP has hired the former leader of Crowell & Moring LLP's New York antitrust practice, saying Tuesday that he will strengthen the firm's business litigation bench.

  • November 19, 2024

    Unjust PJM Power Auction Rules Must Be Redone, FERC Told

    State consumer advocates want the Federal Energy Regulatory Commission to rewrite the electricity capacity auction rules for the nation's largest regional grid operator, saying PJM Interconnection's existing rules unjustly saddle consumers with billions of dollars of extra costs.

  • November 19, 2024

    Ohio Gov. Orders Immediate NIL Pay Until NCAA Deal Is Final

    Ohio Gov. Mike DeWine has signed an executive order directing colleges in his state to immediately begin compensating student-athletes when their names, images or likenesses are used, saying it is needed as athletes await final approval of the settlement in massive NCAA litigation over NIL use.

  • November 19, 2024

    Kirkland Advises Amcor On $8.4B Berry Global Buy

    Kirkland & Ellis LLP-led Amcor PLC said Tuesday it has agreed to purchase fellow packaging company Berry Global Group Inc., in an all-stock deal that values Berry at more than $8.4 billion. 

  • November 18, 2024

    Meta, Netflix Shook Hands On Illicit Streaming Deal, Suit Says

    Meta Platforms and Netflix made an unlawful agreement where the social media giant would cede the video-streaming market to Netflix by hobbling its competing service and the streaming giant would funnel its customers' data to boost Facebook's advertising algorithms, according to a proposed class action filed Monday in Illinois federal court.

  • November 18, 2024

    Potato Cartel Fried Competitive Prices, Consumers Say

    Families gathering for Thanksgiving are paying more for their tater tot casseroles and hash browns because the four largest potato processors have formed a cartel to fix the prices of frozen spud products, according to proposed class actions filed Monday in Illinois federal court.

  • November 18, 2024

    Netgear Says Huawei Engaging In Global Patent 'Warfare'

    Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.

  • November 18, 2024

    Clemson, Florida State Ask NC Top Court To Toss ACC Suits

    Florida State and Clemson universities urged the North Carolina Supreme Court to toss lawsuits brought by the Atlantic Coast Conference over grant of rights contracts, saying the institutions' sovereign immunities aren't waived just because they've agreed to be members of the conference.

  • November 18, 2024

    Live Nation Says Ticket Buyers Must Arbitrate Antitrust Suit

    Live Nation moved to arbitrate a proposed consumer antitrust class action alleging it monopolizes concert promotions and secondary ticketing services for major venues, arguing in New York federal court Friday the customers agreed to arbitrate any dispute each time they logged in to their accounts or accepted secondary ticket transfers.

  • November 18, 2024

    Brokerage Startup Defends Suit Over NAR Listing Rules

    A residential brokerage startup defended its antitrust lawsuit from dismissal motions filed by the National Association of Realtors and multiple brokerages, arguing in Utah federal court that it has standing to bring its suit "as an excluded competitor" and that it's not required to make specific claims about the roles of the defendants in the alleged antitrust conspiracy.

  • November 18, 2024

    NASCAR Says Clause Removal Shows Fast Appeal Unjustified

    NASCAR told the Fourth Circuit on Monday it has removed a controversial clause in its open-team agreements, making it unnecessary to fast-track an injunction appeal by two racing teams, one owned by Michael Jordan, that are suing the organization for alleged monopolistic practices.

  • November 18, 2024

    FCC's Carr Likely To Test Agency's Ability To Rein In Big Tech

    Brendan Carr's selection as the next Federal Communications Commission chair prompted a wave of plaudits from industry and some dismay from liberal groups, but one thing stands out among experts: He will push to counter what he sees as out-of-control conduct by tech platforms.

  • November 18, 2024

    Electronics Co. Hit With Default In $2B Price Fixing Case

    A California federal court will enter a default judgment against Irico Group on claims that could total $2 billion in damages in long-running litigation over an alleged conspiracy to fix cathode ray tube prices after finding the Chinese electronics company failed to preserve evidence.

Expert Analysis

  • 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.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

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