Competition

  • May 21, 2024

    FTC Chair Khan Says Corporate Concentration Creates Fear

    Federal Trade Commission Chair Lina Khan said Tuesday that corporate concentration creates fear for many Americans, including small businesses that rely on digital gatekeepers like Google and Amazon.

  • May 21, 2024

    Tuna Buyers Seeking $1B In July Price-Fixing Trial

    Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.

  • May 21, 2024

    F1's Andretti Denial Stokes Collusion Fears On Capitol Hill

    Formula One's reluctance to add an American racing team to its championship drew a sideways glance from Capitol Hill on Tuesday, as a group of U.S. senators urged the Biden administration to probe F1's governance board for potential antitrust violations.

  • May 21, 2024

    $93M Lipitor Antitrust Deal Sparks Dispute Over Fee Division

    Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor are squabbling over how to divide up to $31 million in attorney fees before a New Jersey federal judge even approves the total, according to court documents.

  • May 21, 2024

    NJ AG Starts Antitrust Section To Protect 'Fair Competition'

    New Jersey will establish an Antitrust Litigation and Competition Enforcement Section, a new, permanent, stand-alone section within the Division of Law, to solidify the state's ability to enforce antitrust laws and ensure fair competition, the state announced Tuesday.

  • May 21, 2024

    Sheppard Adds Mayer Brown Litigator In Latest Chicago Move

    Sheppard Mullin Richter & Hampton LLP isn't done growing in Chicago this year, now adding a business litigator from Mayer Brown LLP whose resume includes leadership positions related to his work in the financial services arena.

  • May 21, 2024

    Conn. Law Firm's Trade Secrets Case Likely Moving To Fla.

    A trade secrets lawsuit brought by a Greenwich, Connecticut, law firm against a former independent contractor is poised to move to the Southern District of Florida after a federal judge in Hartford said Tuesday that a new venue appears to be more appropriate.

  • May 21, 2024

    US Steel And Cleveland-Cliffs Spar Over Merits Of Nippon Deal

    U.S. Steel sought to "correct the record" regarding its planned $14.9 billion sale to Nippon Steel on Tuesday, highlighting its continued faith in the deal while blasting what it called a "misinformation campaign" from rival Cleveland-Cliffs.

  • May 21, 2024

    Altria Unit Fights Bids To Toss Illegal Vape Sale Suit

    Altria Group Inc. subsidiary NJOY LLC is fighting a pair of bids to dismiss its suit seeking to block illegal sales of flavored vapes, saying it has shown both how it has been harmed by their sale and how preventing the sales would redress its injuries.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Mastercard, Visa Fee Hikes Face UK Competition Scrutiny

    The Payment Systems Regulator said Tuesday that the two biggest card operators, Mastercard and Visa, do not give value for money on their services and that it will take steps to hold them more accountable.

  • May 20, 2024

    CoStar, Hotel Giants Defend Benchmarking In Price-Fixing Suit

    CoStar Group Inc. and a contingent of big-name hotels have asked a Washington federal judge to toss an antitrust lawsuit claiming the hotel operators share industry analytics to inflate luxury hotel room prices, arguing the proposed class action is riddled with legal defects.

  • May 20, 2024

    DOJ Says Google Ad Tech Case About Coercion, Not Dealing

    The U.S. Department of Justice urged a Virginia federal judge Friday to preserve its case accusing Google of monopolizing key digital advertising technology, arguing the search giant is misconstruing a case that is really about forcing customers to use its ad exchanges, not about who the company does business with.

  • May 20, 2024

    Startup Admits Sharing IP With Boeing After Supposed Swipe

    The co-founder of a startup accusing the Boeing Co. of plotting to steal its intellectual property to build a copycat electric jet acknowledged during cross-examination Monday that his company kept willingly sharing trade secrets with the aviation giant after discovering the alleged misappropriations.

  • May 20, 2024

    Healthcare Futures Co. Sues Breakaway Ex-Members In Del.

    A company seeking to develop what it described as the first healthcare futures exchange has sued two former managers in Delaware's Court of Chancery for pilfering intellectual property and other resources and then launching a competing venture.

  • May 20, 2024

    FTC Says Albertsons Execs Deleted Texts In Kroger Case

    Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.

  • May 20, 2024

    Texas' Naive Witness 'Unacceptable' In Google Ad Tech Suit

    A judge overseeing a Texas-led lawsuit accusing Google of anti-competitive conduct in the display advertising market has ordered the attorneys general bringing the litigation to provide an adequate witness who can speak to certain facts about the investigation, calling their failure to do so "puzzling and unacceptable."

  • May 20, 2024

    Alaska Airlines Rips Antitrust Suit Over $1.9B Hawaiian Merger

    Alaska Airlines has told a federal judge that its proposed merger with Hawaiian Airlines would enhance consumer choice and lower fares, rejecting allegations in an antitrust lawsuit that it would diminish service, cut jobs and erase a legacy brand in the Aloha State.

  • May 20, 2024

    Caterpillar, Equipment Co. Seek New Trial After $100M Verdict

    Caterpillar and a defunct equipment importer have asked a Delaware federal court for a new trial after a jury cleared Caterpillar of antitrust violations but found it caused the importer $100 million in damages by interfering with its contract.

  • May 20, 2024

    Agri Stats Can't Pause DOJ Antitrust Suit Discovery

    Agri Stats can't press pause on discovery while the Minnesota federal court overseeing the U.S. Department of Justice's antitrust case against it decides whether to toss the enforcement action accusing the data compiler of helping meat processors swap sensitive business information.

  • May 20, 2024

    Hunton Hires Antitrust Vet In DC From Lowenstein Sandler

    Hunton Andrews Kurth LLP has hired a former Lowenstein Sandler LLP partner with over 25 years of experience working on antitrust matters with clients who work in a number of different industries, the firm announced Monday.

  • May 20, 2024

    T-Mobile Deals Threaten Mobile Network Operators, FCC Told

    A mobile virtual network operator is telling the Federal Communications Commission to better protect competition in the MVNO market, claiming in a new filing with the agency that T-Mobile has been using its newfound market power to bully its brands' competitors.

  • May 20, 2024

    DC Says Vegas Hotels' Win Doesn't Negate RealPage Suit

    The District of Columbia has urged the D.C. Superior Court to not use a federal judge's recent decision in an antitrust case as the basis for dismissing its claims against two real estate companies embroiled in a larger price-fixing suit against software company RealPage Inc.

  • May 20, 2024

    Simpson Thacher Leads Blackstone In $705M Biltmore Sale

    Blackstone said Monday it has closed the sale of the Arizona Biltmore in Phoenix to private equity real estate firm Henderson Park for $705 million, confirming January reports that the transaction was under contract and revealing Simpson Thacher & Bartlett LLP and Jones Day as counsel behind the deal.

Expert Analysis

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

  • The Pros And Cons Of NIST's Proposed March-In Framework

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    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • Opinion

    Aviation Watch: Not All Airline Mergers Hurt The Public

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    The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.

  • The Merger Cases That Will Matter At ABA Antitrust Meeting

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    While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • A Closer Look At Antitrust Agencies' Chat Platforms Guidance

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    Following the U.S. antitrust agencies' clarification that companies' preservation obligations extend through applications that automatically delete communications, firms should look at new compliance measures, including keeping control over retention settings, say John Ingrassia and Tim Burroughs at Proskauer.

  • 9th Circ. TM Ruling Expands Courts' Role In Application Cases

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    The Ninth Circuit’s recent ruling in BBK Tobacco v. Central Coast Agriculture is the first time a federal appeals court has explicitly authorized district courts to adjudicate pending trademark applications, marking a potentially significant expansion of federal courts' power, says Saul Cohen at Kelly IP.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • What NAR Settlement Means For Agent Commission Rates

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    If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • The Tricky Implications Of New Calif. Noncompete Laws

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    Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.

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