Competition

  • February 26, 2024

    Burford, Sysco Object To Nixed Swap In Price-Fixing Suits

    Restaurant food distributor Sysco and a Burford Capital affiliate both objected to a federal magistrate judge's decision not to allow the affiliate to replace Sysco in sprawling price-fixing lawsuits against pork and beef producers, asserting that the denial contravenes civil procedure rules and public policy.

  • February 26, 2024

    Ashurst, Davis Polk-Led Alcoa To Buy Alumina In $2.2B Deal

    Ashurst LLP and Davis Polk & Wardwell LLP are guiding Pittsburgh-based Alcoa on a preliminary agreement to buy Australia's Alumina Ltd. at an implied equity value of about $2.2 billion, in a deal confirmed by Alumina on Monday.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 26, 2024

    Housebuilders Face Antitrust Probe Over Information-Sharing

    The Competition and Markets Authority said Monday it has launched an investigation into eight housebuilders over suspicions that they might be sharing commercially sensitive information with their competitors that could influence the development and pricing of new homes.

  • February 23, 2024

    Vanderbilt, 3 Other Elite Schools Ink $166M Aid-Fixing Deals

    Vanderbilt University, Northwestern University, Dartmouth College and Rice University on Friday reached settlements totaling $166 million to resolve proposed antitrust class claims alleging that they and 13 other universities conspired to limit student aid.

  • February 23, 2024

    Google Says Innovation Led To Dominance In Closing Brief

    Google is telling the D.C. federal judge overseeing the U.S. Department of Justice's monopoly case against the search giant that its innovation and relentlessness are the forces driving its dominance in search, not anticompetitive agreements as the Justice Department has alleged.

  • February 23, 2024

    Restaurants Blast 'Fatal Flaws' In Chicken Price-Fix Deal

    Boston Market and other restaurants objecting to Simmons Foods' $8 million chicken price-fixing settlement with direct purchasers say the Seventh Circuit should unwind the deal because it improperly releases bid-rigging claims for no consideration and turns the massive two-track case on its head.

  • February 23, 2024

    NCAA Can't Enforce NIL Restrictions Amid Suit, Judge Rules

    A Tennessee federal judge on Friday granted a preliminary injunction preventing the NCAA from enforcing its ban on name, image and likeness compensation for athletes being recruited by institutions, allowing the schools to immediately offer NIL deals to recruits without punishment.

  • February 23, 2024

    Commerce Dept. Partly Waives 'Buy America' For BEAD

    The U.S. Department of Commerce on Friday announced limited waivers from "Buy America" requirements under the agency's $42.5 billion broadband deployment program to make sure that enough advanced components can flow to projects around the country.

  • February 23, 2024

    Judge Won't Reschedule Google's Ad Tech Trial In Va.

    A Virginia federal judge refused a request from Google on Friday to reschedule a slated September trial for the U.S. Department of Justice's ad tech monopolization case, saying the tech giant can overcome a potential timing conflict for its attorneys.

  • February 23, 2024

    Homebuyers' NAR Antitrust Claims Still Fail, Ill. Judge Says

    An Illinois federal judge has again axed federal antitrust claims brought by a proposed class of homebuyers challenging the National Association of Realtors' commission rules, while allowing some of the new state law claims to move forward.

  • February 23, 2024

    Ohio Chamber Backs Google In 'Common Carrier' Case

    Ohio's Chamber of Commerce is lining up behind tech behemoth Google in its battle to convince an Ohio court that it is not a common carrier while the state is trying to convince the court that Google is, so it may be banned from preferring its own products in its search results.

  • February 23, 2024

    Dickinson Wright Pulls In IP Atty From Steptoe

    Dickinson Wright PLLC continues to expand its intellectual property team, adding a new member to its Chicago office from Steptoe LLP.

  • February 23, 2024

    9th Circ. Won't Rethink Tossed Google $2B Ad Trespass Suit

    The Ninth Circuit said Thursday that it will not reconsider its decision to toss a proposed $2 billion class action against Google that claimed the ubiquitous search engine enriched itself through unauthorized advertising that trampled website owners' property.

  • February 23, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Tesco target competing retailer Lidl with a copyright claim as they battle in the Court of Appeal over the design of Tesco’s Clubcard, the directors of a taxi business sue the creator of an AI route mapping app for professional negligence, Global Aerospace Underwriting Managers tackle an aviation claim by an Irish investment company, and Robert Bull hit with a general commercial contracts claim by Hancock Finance.

  • February 22, 2024

    Mastercard Faces Monopolization Claims Over Digital Tokens

    Mastercard has been stonewalling digital wallet startup OV Loop, refusing to provide needed tokens and thereby excluding OV Loop from the mobile payment services market, all part of Mastercard's effort to maintain its chokehold on payment processing and continue to charge supracompetitive fees on transactions, according to a suit filed Wednesday.

  • February 22, 2024

    Athletes' NCAA Suit Will Wait For JPML

    College athletes fighting for a slice of the broadcasting profits their games earn will have to wait until the Judicial Panel on Multidistrict Litigation decides whether to consolidate their case with another similar suit before they continue briefing, a Colorado federal judge has ruled.

  • February 22, 2024

    FTC Looks Into Mobile Mini's $3.8B Bid For McGrath RentCorp.

    The Federal Trade Commission wants more information on storage container giant WillScot Mobile Mini's plan to snap up business-to-business storage rental company McGrath RentCorp. for somewhere in the neighborhood of $3.8 billion.

  • February 22, 2024

    Pool Co. Used Rival's TM To Confuse Customers, NC Jury Told

    A swimming pool equipment manufacturer is using a competitor's trademarks to try to pass off its replacement parts on Amazon as being endorsed by its rival, a North Carolina federal jury heard Thursday during opening statements of a trial in Charlotte.

  • February 22, 2024

    North Carolina Hospitals Can't Exit Monopoly Claims

    Two healthcare companies cannot escape a consolidated antitrust suit claiming that a North Carolina hospital system drove up the price of health insurance for public employees, as a federal judge has found that the claims plausibly allege that the anti-competitive conduct occurred within the time window to sue.

  • February 22, 2024

    Invisalign Maker Beats Refusal-To-Deal Claims In 3Shape Row

    The makers of Invisalign beat an antitrust class action from orthodontists and aligner buyers Wednesday after a California federal judge ruled that the company's decision to terminate its interoperability agreement with a dental scanner company was at least partly made for "legitimate business reasons."

  • February 22, 2024

    3rd Circ. Won't Protect AbbVie's Atty-Client Communications

    The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.

  • February 22, 2024

    Total Vision's Antitrust Suit Against VSP Kept Largely Intact

    Total Vision can move forward with most antitrust claims accusing eye care insurance giant VSP of hamstringing it and trying to force an acquisition at a dramatically reduced price, after a California federal judge said VSP cannot summarily duck behind a deal signing away Total Vision's rights to sue.

  • February 22, 2024

    Biz Group Urges OECD Candidates To Back Digital Duties Ban

    The U.S. Council for International Business laid out its priorities for countries vying to be members of the Organisation for Economic Co-operation and Development, looking to garner support for a global moratorium on digital tariffs that is set to expire in a week.

  • February 22, 2024

    FCC Dems Press Plan To Raise Broadband Speed Standards

    The Federal Communications Commission's Democratic majority will take another shot next month at raising the federal standard for broadband speeds, saying the existing minimums have lagged the private sector for too long.

Expert Analysis

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • Opinion

    Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs

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    While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.

  • Healthcare Collabs Can Alleviate Labor, Antitrust Challenges

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    Two major challenges facing hospitals and health systems include labor shortages and increased antitrust scrutiny at both federal and state levels, but collaborative efforts may help with addressing these difficulties, says Sumaya Noush at McDermott.

  • FTC AI Inquiry Signals Intensified Focus On Emerging Tech

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    The Federal Trade Commission's recent inquiry into investments and partnerships between Big Tech companies and artificial intelligence startups appears to be directed at guiding future enforcement decisions in competition, privacy and consumer protection — and three principles discussed at a related tech summit give insight on the agency's approach, say attorneys at Skadden.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Assessing Merger Guideline Feedback With Machine Learning

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    Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • What Cos. Evaluating M&A Can Glean From Latest HSR Report

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    The recently released Hart-Scott-Rodino report for fiscal year 2022 helps unearth important data points for companies as they evaluate potential transactions, including that, despite a historically low enforcement rate, the number of actions exceeds the number of second requests for the first time in nearly 20 years, say Ryan Quillian and John Kendrick at Covington.

  • Algorithmic Pricing Programs Caught In Antitrust Crosshairs

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    The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • UK Court Ruling Reinforces CMA's Info-Gathering Powers

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    An English appeals court's recent decision in the BMW and Volkswagen antitrust cases affirmed that the U.K. Competition and Markets Authority can request information from entities outside the U.K., reinstating an important implement in the CMA's investigative toolkit, say lawyers at White & Case.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • How Biotech Deals May Help Competition, Despite FTC View

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    The Federal Trade Commission's complaint against Sanofi's proposed partnership with Maze Therapeutics highlights increasing skepticism of so-called killer acquisitions, but a closer look reveals potentially legitimate reasons behind why entities might decide to delay or abandon the development of acquired products, say consultants at Analysis Group.

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