Competition

  • October 08, 2024

    2nd Circ. Won't Revive 1-800 Contacts, Warby Parker Row

    A Second Circuit panel affirmed a ruling Tuesday that found eyewear retailer Warby Parker did not infringe 1-800 Contacts Inc.'s trademarks by purchasing ads on search engines using its competitor's keywords.

  • October 08, 2024

    40 Private Schools Hit With Aid-Fixing Conspiracy Claims

    Two former college students have hit Northwestern, Harvard and 38 other private universities and colleges with proposed class antitrust claims that they illegally conspired to raise net attendance prices by factoring noncustodial parents' financial information into their non-federal aid eligibility considerations.

  • October 08, 2024

    House Oversight Chair Targets Khan's 'Political Activities'

    House Oversight Committee Chairman James Comer, R-Ky., put Federal Trade Commission Chair Lina M. Khan on blast Tuesday for participating in official events held by Democratic lawmakers running for reelection or higher office, castigating the leader of the FTC's Democratic majority for "partisan political activities."

  • October 08, 2024

    FuboTV Rips Fox Attempt To Transfer Sports Streaming Fight

    Fox wants the New York federal judge overseeing the lawsuit accusing it, ESPN and Warner Bros. of trying to run a rival out of business with a joint sports streaming venture to lop off the claims against it and ship them to California, but plaintiff FuboTV says Fox is trying to "forum shop mid-case."

  • October 08, 2024

    Cleveland-Cliffs Gets DOJ Nod For $2.5B Stelco Deal

    Steel manufacturer Cleveland-Cliffs Inc. revealed on Tuesday that it had cleared an important regulatory hurdle in regard to its $2.5 billion deal to purchase Canadian steelmaker Stelco Holdings Inc. with the expiration of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.

  • October 08, 2024

    3rd Circ. Preview: Constitutional Rights Fears Top October

    Constitutional challenges dominate an October argument lineup that will task the Third Circuit with mulling drug price fights by AstraZeneca and other pharmaceutical powerhouses and a suit by a Pennsylvania man claiming his past convictions don't foreclose his right to own a gun. 

  • October 08, 2024

    Google Says Rumble Suit Too Late To Join Ad Tech MDL

    Google wants to keep Rumble away from the consolidated litigation targeting the company's advertising placement technology dominance, telling the U.S. Judicial Panel on Multidistrict Litigation that the Canadian video-sharing service's May antitrust lawsuit comes too late and is too different to join in.

  • October 08, 2024

    Ex-Judge Can Testify In Suit Against Blank Rome Attys, 2 Cos.

    An attorney suing three Blank Rome LLP lawyers, an aircraft motor manufacturer and its parent company was unable to persuade a Pennsylvania federal court to stop a former judge from testifying for the defense as an expert witness in a retaliation case stemming from her decision to switch from representing companies to doing plaintiffs work.

  • October 08, 2024

    US Airways Renews $139M Sabre Fee Bid For $1 Antitrust Win

    US Airways has renewed its bid for more than $139 million in costs for a long-running case accusing Sabre of monopolizing ticket distribution systems after a jury awarded the airline just $1 in damages following a second trial on antitrust claims.

  • October 08, 2024

    Axinn Rebrands Ahead Of NYC Relocation

    Axinn Veltrop & Harkrider LLP announced Tuesday a new image rebrand in advance of the planned relocation of its New York office to Rockefeller Center at the end of the year.

  • October 08, 2024

    9th Circ. Affirms Atty Fee Reduction In Cathode Suit

    A three-judge Ninth Circuit panel on Monday upheld a lower court's decision to cut more than $2 million from plaintiff's firm Cooper & Kirkham's $3.45 million fee award in a multidistrict litigation settlement over alleged cathode ray tube price-fixing litigation.

  • October 08, 2024

    Linklaters, EU Antitrust Pros Hired For CMA Roles

    The U.K.'s competition watchdog said Tuesday that it has hired two new senior legal directors from Linklaters LLP and the European Commission and awarded a permanent contract to an existing one.

  • October 07, 2024

    FTC's Amazon Monopolization Suit Largely Survives Dismissal

    The bulk of the Federal Trade Commission's landmark monopolization case against Amazon will go forward, a Washington federal judge held in a recently unsealed opinion that trimmed only a few state-law claims from the 20-count antitrust complaint challenging the retail giant's pricing practices.

  • October 07, 2024

    Apple Beats Masimo's Allegations Of Misleading USPTO

    Apple did not deceive the U.S. Patent and Trademark Office when obtaining design patents, a Delaware federal judge ruled Monday, shooting down a key argument from Masimo Corp. as the parties continue to fight over the market for smartwatches.

  • October 07, 2024

    Judge Presses AmEx On Arbitration Push For Merchants

    A Rhode Island judge on Monday expressed skepticism about American Express' claim that it could force a proposed antitrust class action targeting the company's swipe fee rules back into arbitration after the plaintiffs say it already defaulted on arbitration fees.

  • October 07, 2024

    Attys Want $20M Fees For Netting $64M Tuna Price-Fixing Deal

    Attorneys representing a class of purchasers who sued several canned tuna producers have asked a California federal judge for nearly $20 million in fees and costs associated with their recently inked $64 million settlement, saying the award is fair considering the effort the case took to prosecute and the complexity of the deal.

  • October 07, 2024

    McDonald's Accuses Big Beef Of Price-Fixing

    McDonald's Corp. sued Cargill, JBS, National Beef Packing Co., Swift Beef Co., Tyson and several subsidiaries in New York federal court Friday, accusing the major meat processing and packing companies of conspiring to fix beef prices, resulting in higher costs for the fast food behemoth.

  • October 07, 2024

    UFC Fighters Urge Judge To Greenlight $375M Settlement

    A group of UFC fighters on Monday sought preliminary approval of a $375 million agreement that would net many fighters over $1 million each and settle their Nevada federal court dispute with UFC over what they say is a history of suppressed wages.

  • October 07, 2024

    Merck Immune For 'Inflated' Vax Claims To FDA, 3rd Circ. Says

    A divided Third Circuit panel inoculated Merck from claims that it tried to prevent competition by making inflated declarations to federal regulators about its mumps vaccine, with the majority ruling Monday that because Merck convinced federal regulators it had extended the vaccine's long-term potency, those assertions can't have been an anticompetitive "sham."

  • October 07, 2024

    FCC Looks To Update Satellite Spectrum Sharing Rules

    The Federal Communications Commission is working on new spectrum sharing rules for non-geostationary orbit fixed-satellite systems, saying the proposal will clarify details from a 2023 order requiring systems to work with each other to prevent signal interference.

  • October 07, 2024

    Kirkland Lands Antitrust Pro From FTC

    Kirkland & Ellis LLP announced Monday that it has hired a former senior Federal Trade Commission attorney to bolster its antitrust and competition practice group.

  • October 07, 2024

    Epic Judge Orders Google To Let Rivals Set Up App Stores

    A California federal judge on Monday ordered Google to offer third-party options for downloading apps on Android phones, banned it from offering companies financial incentives to discourage competition with Google Play and blocked it from signing developer deals to have an app launch first or exclusively in its app store.

  • October 07, 2024

    College Tennis Player Can't Block NCAA Prize Money Rules

    NCAA rules restricting college athletes from earning prize money in outside competitions will remain in effect during a University of North Carolina tennis player's antitrust suit after a federal judge cast doubt on the strength of the case.

  • October 07, 2024

    Apple, Amazon Urge Sanctions For Absent Antitrust Plaintiff

    A no-show named plaintiff should be sanctioned for ignoring discovery obligations in a putative antitrust class action over Apple and Amazon's third-party vendor restrictions for iPhone and iPad sales, the two tech giants have told a Washington federal judge.

  • October 07, 2024

    NCAA Wins Preliminary OK For Revised $2.78B NIL Settlement

    A California federal judge on Monday preliminarily approved the NCAA's revised $2.78 billion antitrust settlement with athletes suing over the organization's name, image and likeness compensation rules.

Expert Analysis

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • NCAA Settlement May End The NIL Model As We Know It

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    The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.

  • Opinion

    The FTC And DOJ Should Backtrack On RealPage

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    The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Exploring Alternatives To Noncompetes Ahead Of FTC Ban

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    Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • A Look At M&A Conditions After FTC's Exxon-Pioneer Nod

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    The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.

  • Attys Beware 2 Commonly Overlooked NIL Contract Issues

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    As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.

  • FTC Theories Of Harm After Anesthesia Co. Ruling

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    As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

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