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Competition
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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October 07, 2024
Steam Gamer Wants Sheppard Mullin Atty Back As Arbitrator
A Los Angeles man who joined an antitrust action against Valve Corp., the company behind online video-game store Steam, has brought a petition in Los Angeles Superior Court seeking to reinstate a Sheppard Mullin lawyer as arbitrator for dozens of California litigants, arguing his disqualification came too late and was otherwise unfounded.
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October 07, 2024
Meta Loses Second Bid To Ax £2.3B Data Misuse Class Action
Meta has failed in its second attempt to challenge a decision by Britain's antitrust tribunal to allow a £2.3 billion ($3.1 billion) class action accusing the Facebook owner of exploiting its users' data, as an appeals court ruled Monday that the "complex" issues should be determined at trial.
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October 07, 2024
Justices Seek Feds' Input On 10th Circ. PBM Preemption Fight
The U.S. Supreme Court on Monday asked the federal government to weigh in on the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits laws and Medicare Part D.
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October 07, 2024
Class Members Who Missed Payout Won't Go Before Justices
The U.S. Supreme Court won't hear a challenge to a secondary class action settlement distribution of more than $5 million from two class members in an airline price-fixing suit, denying their petition to review a Ninth Circuit ruling that the objectors lacked standing to question the distribution Monday.
Expert Analysis
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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A Look At UK, EU And US Cartel Enforcement Trends
The European Union, U.K. and U.S. competition agencies' recently issued joint statement on competition risks in generative artificial intelligence demonstrates increased cross-border collaboration on cartel investigations, meaning companies facing investigations in one jurisdiction should anticipate related investigations in other jurisdictions, say lawyers at Latham & Watkins.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
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EU Merger Control Concerns Remain After ECJ Illumina Ruling
The recent European Court of Justice judgment in Illumina-Grail is a welcome check on the commission's power to review low-threshold transactions, but with uncertainty persisting under existing laws and discretion left to national regulators, many pitfalls in European Union merger control remain, says Matthew Hall at McGuireWoods.
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Why India May Become A Major Patent Litigation Forum
India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
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Court Denial Of $335M UFC Deal Sets Bold Antitrust Precedent
A Nevada federal court’s recent refusal to accept a $335 million deal between Ultimate Fighting Championship and a group of former fighters to settle claims of anticompetitive conduct was a rare decision that risks the floodgates opening on established antitrust case law, says Mohit Pasricha at Lawrence Stephens.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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FTC Focus: What Access To Patent Settlements Would Mean
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.