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Competition
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January 14, 2025
Enbridge Beats Ducere's Oil Transport Antitrust Suit
Enbridge Inc. beat Ducere LLC's suit accusing it of killing a pipeline terminal project to maintain its monopoly over crude oil transportation services in the Chicago area, after an Illinois federal judge pointed out Monday there are several non-Enbridge pipeline routes providing refineries with alternatives for moving oil.
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January 14, 2025
Conn. City Hits PBMs And Pharma Cos. With Insulin Pricing Suit
A city partway between New Haven and Hartford took pharmacy benefit managers and drug makers including CVS Health Corp., Eli Lilly and Co. and Novo Nordisk Inc. to Connecticut federal court on Monday, alleging that they conspired to keep diabetes medications and insulin at needlessly high prices.
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January 14, 2025
'Totally A Tactic': Judge Rips Apple For Discovery Delays
The California federal judge presiding over Epic Games' antitrust compliance fight with Apple criticized the tech giant's efforts to withhold tens of thousands of documents under attorney-client privilege, telling Apple's counsel at a hearing Tuesday that "in large part, this is delay ... it's totally a tactic" and "there will be consequences."
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January 14, 2025
Fed. Circ. Judge Asks What's The Rush In Eylea Biosimilar Case
Counsel for Amgen and a Federal Circuit judge got into a back-and-forth Tuesday concerning the pace of an appeal over a denied injunction on Regeneron's biosimilar of Eylea, with the judge wondering why the attorney was so eager to move things along.
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January 14, 2025
Chancery Hits Co. With $2.9M Atty Fee Bill As Sanction
A California medical device molding company that sought millions from a merger partner for breaches of contract in Delaware's Court of Chancery came away Tuesday with awards of $104,000 for its claims and $2.9 million in attorney fees as a sanction for contempt and spoliation by Symbient Product Development LLC founder Scott Castanon.
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January 14, 2025
GOP Objects To FTC Move To Protect Unionizing Gig Workers
The Democratic-led Federal Trade Commission held its final meeting before President-elect Donald Trump takes office next week, moving to protect unionizing gig workers and examine investor holdings in the single-family-housing market, while the Republican waiting to take the helm said the body should stop announcing new plans.
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January 14, 2025
Consumers Lose Bid To Bring £500M Apple Claim In UK
Apple and Amazon on Tuesday evaded a consumer advocate's nearly £500 million ($610 million) price-fixing class action accusing the two technology giants of illegally colluding to keep prices for products high.
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January 14, 2025
Dispute Over Eli Lilly Weight Loss Drug Reignited
Compounding pharmacies have reignited a suit against the U.S. Food and Drug Administration over the removal of a lucrative weight loss drug from the shortage list, with a Texas federal judge ordering both sides to turn in briefing on injunctive relief during a Tuesday hearing.
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January 14, 2025
NCAA, Big Ten Argue Ex-Players' $50M NIL Suit Too Late
The NCAA and Big Ten Network have asked a Michigan federal judge to toss a proposed class action from football players who are seeking more than $50 million in compensation for their names, images and likenesses, arguing their claims are untimely.
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January 14, 2025
CDK Cuts Latest Deal In Auto Dealer Data Suit, With App Class
CDK Global LLC inked a new settlement to resolve more claims of monopolizing the market for auto dealership management software, this time with a class of vendors who make apps for dealerships, in a case that had been set for trial Jan. 27 in Wisconsin federal court.
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January 14, 2025
Fuse Says Skydance Deal Poses Harms To Ad-Based Streaming
Fuse Media has told the Federal Communications Commission that the planned $8.4 billion merger of Skydance Media with Paramount Global would harm some of their market competitors, including free advertising-based streaming.
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January 14, 2025
FTC Issues Second Report On PBMs, Expanding Study Scope
The Federal Trade Commission released a second "interim" report on pharmacy benefit managers and their effects on specialty drug prices Tuesday, claiming that the companies have driven up prices well over acquisition costs and continue to squeeze independent pharmacies out of the market through low reimbursement rates.
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January 14, 2025
Hytera Asks Justices To Check Whether DTSA Applies Abroad
China-based Hytera Communications Corp. Ltd., which lost a trade secrets trial resulting in a $764 million jury award for Motorola Solutions that has since been reduced, has asked the U.S. Supreme Court to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.
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January 14, 2025
Goodwin Enters Brussels With Ex-Quinn Emanuel Antitrust Atty
Goodwin Procter LLP has opened an office in Brussels, focusing on competition matters with the hiring of a former Quinn Emanuel Urquhart & Sullivan LLP attorney who once served as the head of Shearman & Sterling LLP's global antitrust group.
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January 14, 2025
Steptoe Hires A&O Shearman Political Law Leader In DC
Steptoe LLP has hired the former head of A&O Shearman's political law group, who is joining the team in Washington, D.C., as a partner to continue her practice focused on a range of white collar investigations and political law issues, the firm announced Tuesday.
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January 14, 2025
Mass. AG Says Insulin Makers, Middlemen Colluded On Costs
Insulin makers Eli Lilly, Sanofi and Novo Nordisk conspired with pharmacy benefit managers OptumRX, Express Scripts and CVS Caremark to jack up prices by as much as 1,000%, the Massachusetts attorney general alleged in a suit.
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January 14, 2025
Apple Tells UK Trial That App Developers Get Fair Price
Apple told a trial in London on Tuesday that a £1.5 billion ($1.8 billion) claim over the commission it charges to third-party app developers overlooks the benefits users get from its App Store and ignores the company's intellectual property rights.
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January 14, 2025
DOJ Accuses PE Giant KKR Of Dropping Merger Disclosures
The Justice Department filed an extraordinary lawsuit Tuesday accusing private equity giant KKR & Co. Inc. of repeatedly flouting its merger notification requirements, "altering" or "systematically omitting" documents on some deals and failing entirely to notify enforcers of at least two, including a $6.9 billion transaction, only for KKR to file its own suit in response.
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January 13, 2025
Robo-Surgery Part Reset Is Reliable, Expert Tells Antitrust Jury
A mechanical engineering expert who testified Monday in an antitrust trial in California federal court over claims that Intuitive Surgical Inc. abuses its market power by blocking hospitals from extending the life of a surgical robot part said the extension procedure was "thorough" and "reliable."
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January 13, 2025
Robinhood Users Oppose Arbitration Of 'Meme Stock' Claims
Stock trading platform Robinhood has failed to lay the groundwork for sending user disputes to arbitration, seven users of the platform claimed Monday in a bid to keep their claims in federal court over the company's 2021 suspension certain so-called meme stock trades.
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January 13, 2025
COVID-19 Tracking App's Apple Antitrust Suit Snuffed Out
A D.C. federal judge won't permit a COVID-19 tracking app to tweak its proposed antitrust class action against Apple, finding that the amended complaint "stumbles at step one" and cannot adequately describe smartphone and app markets to justify allegations that the technology giant shut out competing tracker apps.
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January 13, 2025
Judge In John Deere Antitrust Case Flags Potential Conflict
The Illinois federal judge overseeing a proposed right-to-repair class action against John Deere told the parties on Monday that he is facing a potential conflict of interest after finding the name of a "good friend" in documents connected to the case.
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January 13, 2025
Google Says Sanctions Bid In Texas Ad Tech Case Too Late
Google has urged a Texas federal court to reject a bid for sanctions in the ad tech monopolization case being brought by state enforcers over the company's prior policy for retaining internal chats, arguing that the bid comes too late.
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January 13, 2025
Ozempic Maker Says Atlanta Clinic Misuses TM To Sell Meds
Novo Nordisk, the pharmaceutical company that makes weight loss drugs Ozempic, Rybelsus and Wegovy, filed suit against an Atlanta anti-aging treatment center in Georgia federal court Friday, alleging trademark infringement, false advertising, unfair competition and deceptive trade practices.
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January 13, 2025
NC Judge Rebuffs Redo In Pool Co.'s $16M False Ads Trial
A North Carolina federal court said Monday it did not err in letting a Chinese pool parts supplier's American rival introduce evidence that its "Made in the USA" claims misled customers, denying the company a do-over on a false advertising and unfair business practices trial that resulted in a $16 million judgment against it.
Expert Analysis
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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2025's Midmarket M&A Terrain May Hold A Few Bright Spots
Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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How New Merger Filing Rules Will Affect Economic Advocacy
New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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The Current State Of Play Around Corporate Transparency Act
Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.
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Predictions For Trump Antitrust Enforcement Of Life Sciences
Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Opinion
Antitrust Posturing Against Algorithmic AI Should End
President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.