Try our Advanced Search for more refined results
Competition
-
August 30, 2024
Harris Admin Would Stay Course On Tough Antitrust Policy
Just two days after food and candy giant Mars announced its blockbuster $35.9 billion Kellanova purchase, Vice President Kamala Harris's campaign indicated plans to “crack down” on mergers between large food companies. That would differ significantly from another Trump presidency, which could see a generally more relaxed antitrust environment. Here, Law360 explores anticipated policy differences between the two.
-
August 30, 2024
Monthly Merger Review Snapshot
The Federal Trade Commission went to court against Kroger's $25 billion purchase of Albertsons and geared up for its looming handbags merger case, the Justice Department added to its case against Live Nation, and the sports-streaming juggernaut partnering ESPN, Fox and Warner Bros. Discovery hit a significant roadblock.
-
August 29, 2024
Doctor Wants Stepson Barred From Selling Medial Device
A Texas doctor has asked a federal court to step in and stop his stepson from selling "micro-current therapy medical devices," saying in a motion this week that his stepson was still using his trademarks despite the fact that he had canceled his license.
-
August 29, 2024
Broadcom Looks To Toss Samsung's Chip Antitrust Case
Broadcom has urged a California federal court to toss a case from Samsung accusing the chipmaker of blocking competitors from the market, saying the companies' supply agreement was not exclusive and did not tie the sale of any product to another product.
-
August 29, 2024
2nd Circ. Allows Google Advertisers To Wait To Appeal Loss
The Second Circuit on Wednesday allowed a group of Massachusetts-based gym and spa businesses to drop their challenge of an order tossing their antitrust claims from multidistrict litigation accusing Google of monopolizing digital advertising, but permitted them to refile it once the trial judge decides the MDL's remaining claims.
-
August 29, 2024
Comer Tells PBMs To Correct Record On Role In Drug Pricing
Rep. James Comer, R-Ky., chair of the House Oversight and Accountability Committee, is demanding that the heads of three major pharmacy benefit managers "correct the record" on their testimony made before his committee in July about their roles in drug pricing, including company claims that the PBMs don't steer customers to in-house pharmacies and that they allow non-affiliated pharmacies to negotiate contracts.
-
August 29, 2024
NLRB Partners With Other Feds In Merger Probes
The National Labor Relations Board said it's teaming up with the U.S. Department of Justice, the U.S. Department of Labor and the Federal Trade Commission to investigate mergers that present competition concerns for workers.
-
August 29, 2024
Nektar Can't Get Docs It Says Show Lilly As 'Thieves, Liars'
A California federal judge Thursday rejected Nektar Therapeutics' request for internal Eli Lilly documents related to separate litigation as Nektar pursues allegations Eli Lilly ruined prospects for a drug the companies were developing together despite Nektar's counsel saying it would "expose Lilly for being thieves, liars."
-
August 29, 2024
DOJ Calls Former Googler's Ad Tech Testimony 'Essential'
The U.S. Department of Justice urged a Virginia federal judge Wednesday not to let former Google vice presidents and other company managers avoid testifying at next month's advertising technology monopolization trial, arguing their testimony is important and was properly subpoenaed.
-
August 29, 2024
Albright Boots $8B EV Trade Secrets Suit For Improper Venue
U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.
-
August 29, 2024
JPMorgan Says Ex-Adviser Poached Clients Worth $13M
JPMorgan Chase has accused a former adviser of attempting to solicit clients for Wells Fargo, an effort JPMorgan alleged has so far been successful in converting 16 clients worth $13 million to its competitor.
-
August 29, 2024
FTC Wants Kroger's Constitution Suit To Follow Merger Case
The Federal Trade Commission is sparring with Kroger over where, and when, to handle the grocery giant's constitutional counterattack to the FTC's merger challenge, with the agency teeing up a bid to move the company's Ohio federal court suit to Oregon, where it's defending the proposed Albertsons purchase.
-
August 29, 2024
4th Circ. Says CSX's Norfolk Southern Case Came Too Late
The Fourth Circuit ruled Thursday that CSX's antitrust case against Norfolk Southern over "exclusionary" fees charged by a Virginia switching line they jointly own was filed outside the statute of limitations.
-
August 29, 2024
Nippon Pledges $1.3B For US Steel In Quest For US Approval
Nippon Steel Corp. has pledged to inject an additional $1.3 billion into United States Steel Corp. facilities as the Japanese company looks to get over the finish line with U.S. regulators on its controversial $14.9 billion merger proposal.
-
August 29, 2024
Nasdaq To Pay $22M CFTC Fine Over Incentive Program
The U.S. Commodity Futures Trading Commission slapped Nasdaq Futures Inc. with a $22 million fine Thursday based on allegations that the now-shuttered derivatives exchange failed to disclose an incentive program for high-volume traders.
-
August 29, 2024
Marathon Oil Stockholders Approve $23B ConocoPhillips Deal
Marathon Oil Corp. said Thursday it has received the necessary stockholder approval for its pending $22.5 billion merger with ConocoPhillips, as the companies race to get the deal done amid an ongoing U.S. regulatory review.
-
August 28, 2024
Merck Must Face Class Claims In Vaccine Antitrust Suit
Merck cannot strike class claims in antitrust litigation over its rotavirus vaccine, a Pennsylvania federal judge ruled Wednesday, while also allowing the city of Baltimore to eliminate redundancies in its complaint.
-
August 28, 2024
Dr.'s Suit Blames Practice's Buyer For Chaos After Sale
A North Carolina doctor struck back in a lawsuit blaming him for business challenges following the sale of his practice to another physician, alleging in counterclaims that the purchasing physician lied about his intentions for the practice and ultimately led it to ruin.
-
August 28, 2024
Capital One Says Merger's Pending Approval Tanks Challenge
Capital One urged a Virginia federal judge to toss or pause a lawsuit challenging the bank's proposed $35 billion acquisition of Discover Financial Services, saying the suit's claims are too speculative and contingent on unknown future events since they depend entirely on the acquisition receiving regulatory and government approval.
-
August 28, 2024
WARF Can't Revive Apple Patent Fight After Axed $506M Verdict
The Federal Circuit ruled Wednesday that the Wisconsin Alumni Research Foundation cannot pursue new allegations that Apple infringes its circuit patent, after a previous $506 million verdict against the tech giant was thrown out on appeal.
-
August 28, 2024
Lipitor Buyers Seek Final OK For $35M Deal In Antitrust Fight
End-payor plaintiffs asked a New Jersey federal judge Tuesday to give final approval of a $35 million settlement resolving their antitrust claims against Pfizer over the cholesterol medication Lipitor.
-
August 28, 2024
Jazz, Hikma Must Face Bulk Of Xyrem Antitrust Suit
Jazz Pharmaceuticals and Hikma Pharmaceuticals appear bound for trial against most solo insurer and class action antitrust claims over alleged efforts to block generic competitors to Jazz's Xyrem narcolepsy drug, under a newly unsealed California federal court order largely rejecting competing motions for summary judgment.
-
August 28, 2024
Wash. AG Fears Kroger Will Move Goalposts For Merger Trial
The Washington Attorney General's Office told a state court Wednesday that Kroger refuses to commit to sticking with the current terms of its divestiture package in its merger with Albertsons, which the state fears would unfairly "move the goalposts" less than three weeks before a trial on the state's merger challenge kicks off.
-
August 28, 2024
High Court Told Tyvaso Row Petition Based On 'False' Premise
A small pharmaceutical startup behind a drug that would compete with the blockbuster high blood pressure treatment Tyvaso says United Therapeutics is making a "fundamentally false" argument to the U.S. Supreme Court about why an appeals court rejected United Therapeutics' case.
-
August 28, 2024
NY Biz Group Rips FTC Suit Over $8.5B Luxury Handbags Deal
A New York City business group is urging Empire State Democratic lawmakers to oppose the Federal Trade Commission's "ideologically motivated litigation" to block an $8.5 billion deal that would bring together brands including Michael Kors, Kate Spade and Coach.
Expert Analysis
-
How FTC's Noncompete Rule May Affect Exec Comp Packages
In the event the Federal Trade Commission's final noncompete rule goes into effect as currently contemplated, companies will need to take stock of how they structure post-employment executive compensation arrangements, such as severance agreements and clawbacks, says Meredith O'Leary at King & Spalding.
-
Key Antitrust Class Certification Questions Remain Unclear
The U.S. Supreme Court, by recently rejecting certiorari in Visa v. National ATM, turned down the opportunity to clarify how to analyze disputed evidence bearing on the certification of antitrust class actions, leaving the applicable standards unclear instead of resolving this split of authority, says Jonathan Berman at Jones Day.
-
E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
-
Installing Antitrust Firewalls For AI And Other Innovations
Amid the specter of increased regulatory focus, implementing a firewall policy can help minimize antitrust risks related to the improper use or sharing of competitively sensitive information, including AI and algorithms, say attorneys at Hogan Lovells.
-
Fostering Employee Retention Amid Shaky DEI Landscape
Ongoing challenges to the legality of corporate diversity, equity and inclusion programs are complicating efforts to use DEI as an employee retention tool, but with the right strategic approach employers can continue to recruit and retain diverse talent — even after the FTC’s ban on noncompetes, says Ally Coll at the Purple Method.
-
PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
-
Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
-
FTC Noncompete Rule May Still Face Historical Hurdles
The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.
-
Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
-
New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
-
Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
-
How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
-
PE-Healthcare Mergers Should Prepare For Challenges
State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.
-
Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
-
Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.