Competition

  • February 13, 2024

    Kroger Says Its Past Shows Albertsons Deal Will Drop Prices

    Kroger has shared some statistics that it says show its merger with the country's second-biggest grocery chain, Albertsons, won't be a bad thing, pointing to evidence that prices usually drop at a grocery chain after being acquired by Kroger.

  • February 13, 2024

    Comer Says FTC Is Stalling On Oversight Committee Worries

    House Oversight Committee Chairman James Comer, R-Ky., continued Tuesday to hammer away at the Federal Trade Commission and Chair Lina Khan, assailing the frequent target of Republican criticism for failing to "fully address" lawmaker inquiries into the FTC's handling of due process and federal ethics law.

  • February 13, 2024

    Antitrust Issues To Watch In Sports Giants' Streaming Venture

    Few details were provided in last week's announcement of a joint venture under which ESPN, Fox and Warner Bros. Discovery will combine their vast live sports portfolios into a single app. But as the companies work out the details of a project they hope to roll out this autumn, one thing is clear: The Justice Department is almost certain to take a look.

  • February 13, 2024

    EU Says Apple IMessage, Microsoft Bing Not Gatekeepers

    European enforcers have found that Apple's iMessage and several Microsoft services do not qualify for "gatekeeper" designations under the Digital Markets Act, but the companies nevertheless must abide by new rules giving users more choice and freedom with other products.

  • February 13, 2024

    Ingevity Again Denied New Verdict, Trial Against $85M Loss

    A Delaware federal judge again refused Tuesday to upend BASF's $85 million jury win over Ingevity's locking up of the automobile carbon capture technology market, concluding that "substantial evidence" backs the antitrust findings.

  • February 13, 2024

    FCC Member Seeks Probe Of Apple's Message App Shutdown

    A member of the Federal Communications Commission is calling on the agency to investigate Apple's move to stifle an app that would have integrated iMessage and Android messaging and eliminated degradation issues that cause Android messages to show up as hard-to-read green bubble texts and grainy videos on iPhones.

  • February 13, 2024

    Carl Icahn Sets Sights On JetBlue, Scooping 10% Share

    Activist investor Carl Icahn has revealed in a securities filing that he has amassed a nearly 10% stake in JetBlue Airways, a disclosure that sent the airline's stock price soaring more than 20% on Tuesday. 

  • February 13, 2024

    Enbridge, ExxonMobil Accused Of Monopolizing Oil Transport

    Enbridge and ExxonMobil were hit with an antitrust suit in Illinois federal court Tuesday accusing them of working together to deny others access to crude oil pipelines, pulling the plug on a new way to transport oil from the Chicago area after a company invested $11 million.

  • February 13, 2024

    $8.6M In Interest Added To Vivint Smart Home TM Case

    A North Carolina federal judge has given local security company CPI Security Systems Inc. about $8.6 million in prejudgment interest in a suit against smart home software company Vivint Smart Home Inc. over allegedly deceptive marketing tactics.

  • February 13, 2024

    Mallinckrodt Guts IP Suit Amid Oxide Rival's New Drug App

    A Delaware federal judge has dismissed 10 of the originally asserted 14 patents in pharmaceutical company Mallinckrodt's claims against a French industrial gas company over a generic version of its pediatric breathing disorder treatment, as Mallinckrodt filed an amended complaint adding two additional patents to the suit.

  • February 13, 2024

    EU Conditionally Clears Korean Air's Acquisition Of Asiana

    The European Commission granted conditional approval on Tuesday for the proposed $1.6 billion acquisition of Asiana Airlines by Korean Air Lines Co. Ltd. after accepting modifications to allay competition concerns.

  • February 12, 2024

    Longtime Jones Day Antitrust Atty Joins Crowell & Moring

    Crowell & Moring LLP announced Tuesday that a veteran Jones Day antitrust attorney with nearly 25 years of experience working on major cartel investigations and class actions joined the firm's Los Angeles office as a partner.

  • February 12, 2024

    Teradata Asks 9th Circ. To Revive SAP Antitrust, IP Claims

    Data analytics outfit Teradata urged the Ninth Circuit on Monday to revive its trade secret and tying claims against software giant SAP, saying a lower court judge wrongly excluded testimony from its expert economist and misconstrued agreements about confidentiality made when the two companies attempted a partnership.

  • February 12, 2024

    Justices Asked To Ignore 'Unremarkable' McDonald's Ruling

    Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.

  • February 12, 2024

    Energizer, Walmart Can't Ditch Battery Pricing Collusion Suits

    Energizer and Walmart cannot escape a trio of class actions accusing the battery manufacturer of giving the big box chain almost complete control over the retail price its batteries are sold for and forbidding other retailers from undercutting them.

  • February 12, 2024

    Trucker Tracking Startup Delivers Patent Feud To ITC

    The U.S. International Trade Commission said Monday that it is soliciting feedback on a legal effort by a San Francisco startup that sells trackers to trucking companies to employ the agency in its patent infringement campaign against a local rival that sells similar devices.

  • February 12, 2024

    Live Nation Buyers Urge 9th Circ. To Nix Arbitration Rules

    Consumers suing Live Nation and Ticketmaster in a proposed antitrust class action have told the Ninth Circuit that a district court correctly ruled the companies' failure to tell ticket buyers they were switching to a new arbitrator is "procedurally unconscionable to an extreme degree."

  • February 12, 2024

    Consulting Firm Says Ex-Partner Stole Captive Insurance Biz

    A consulting firm that assists in establishing captive insurance companies told a Colorado federal court that its former business partner breached its contract by working behind the firm's back to snag its clients and sabotage its business relationships, depriving the firm of both business opportunities and potential commission.

  • February 12, 2024

    Calif. Bill Favors FCC Ban On 'Disparate' Broadband Service

    A California state lawmaker has introduced legislation that mirrors the Federal Communications Commission's recently adopted digital discrimination rules, including the agency's controversial "disparate impact" standard barring deployment of broadband infrastructure in a way that shortchanges low-income and minority neighborhoods.

  • February 12, 2024

    Google Seeks Final Exit From Maps Antitrust Suit

    Google urged a California federal judge on Friday to toss with prejudice a proposed antitrust class action accusing the search giant of coercing users of its Maps product from using competing mapping services, saying the plaintiffs' third attempt is "brimming with irrelevant information" and "antitrust jargon," but still fails to state a viable tying claim.

  • February 12, 2024

    Kodiak Gas Gives Enforcers More Time To Review $854M Deal

    Kodiak has given enforcers more time to review its planned $854 million deal for CSI Compressco, which would combine two major providers of compression services to the oil and gas industry.

  • February 12, 2024

    Flyers Urge 9th Circ. To Vacate Price-Fixing Deal Disbursement

    A secondary disbursement from a $104 million settlement fund in long-running airline price-fixing litigation was wrongly sent to class members who received a first-round share without emailing class members who had not received or cashed their initial check, two objectors told the Ninth Circuit on Monday.

  • February 12, 2024

    Apple, Rivos On The Way To A Deal In Trade Secrets Fight

    Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

  • February 12, 2024

    States Urge Court To OK Injunction Against NCAA's NIL Rules

    Tennessee and Virginia are taking another shot at pausing the NCAA's name, image and likeness recruiting rules, attempting to shore up their arguments and asking the court not to use the same reasoning it did for denying a temporary restraining order in their antitrust suit against the organization.

  • February 12, 2024

    ByteDance Can't Pause TikTok's EU 'Gatekeeper' Designation

    A European court has rejected a bid by TikTok's parent company ByteDance to pause the video-sharing service's designation as a "gatekeeper" ahead of a March deadline to comply with new obligations under the Digital Markets Act to provide users more choice.

Expert Analysis

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • Volume-Based Transaction Pricing Proposal Raises Questions

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    A rule recently proposed by the U.S. Securities and Exchange Commission, which would prohibit securities exchanges from offering volume-based transaction pricing for agency or riskless principal orders in certain stocks, is meant to address competitive concerns — but there are reasons to question the logic behind this proposal, say attorneys at Sidley.

  • NCAA Proposal Points To A New NIL Compensation Frontier

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    Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.

  • Fed's New Swipe At Debit Fees Stirs Up Dilemma For Banks

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    The Federal Reserve's proposal to reduce the cap on debit card interchange fees charged or received by card issuers and payment networks comes as other bank account fees are taking regulatory hits, which could all culminate in an overall decline in access to banking products and services, says Kristen Larson at Ballard Spahr.

  • Behind Antitrust Enforcers' 2023 Labor And Employment Push

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    This year, the U.S. Department of Justice and Federal Trade Commission stepped up their already-considerable efforts to expand antitrust enforcement to labor and employment, a trend that is likely to continue into next year, say Benjamin Dryden and Richard Flannery at Foley & Lardner.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Exploring Middle-Market M&A Trends In 2023 And Beyond

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    Middle-market merger and acquisition activity this year was affected by a number of economic, legal and regulatory shifts, with certain trends pointing to favorable transaction conditions in 2024, say Jason Brauser and William Goodling at Stoel Rives.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Parsing 2023's Energy Markets Enforcement

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    A review of the Federal Energy Regulatory Commission's and Commodity Futures Trading Commission's recently released fiscal year 2023 enforcement reports highlight the significant energy market enforcement activities, litigation pursued and settlements reached by both agencies, as well as their respective strategic goals and focus areas, say attorneys at Morgan Lewis.

  • Hoopers In NCAA Suit Respark Eligibility Framework Debate

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    A decision by two brothers involved in a recent antitrust lawsuit against the NCAA — to play college basketball rather than go professional after graduating from the Overtime Elite league — has aimed the spotlight on what exactly the NCAA deems permissible compensation under its current framework, say Brady Foster and Dan Lust at Moritt Hock.

  • Lessons From DOJ's Wave Of Labor Market Prosecutions

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    Attorneys at Patterson Belknap consider lessons learned and future meaningful challenges following the U.S. Department of Justice's first six criminal antitrust cases targeting employee no-poach and wage-fixing agreements, in which just one case resulted in a guilty plea.

  • Opinion

    Giving The Gov't Drug Patent March-In Authority Is Bad Policy

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    The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • When Patients Have Standing For Hospital Antitrust Suits

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    Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.

  • 8 Ways To Negotiate Improved Disgorgement Outcomes

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    The U.S. Securities and Exchange Commission's nearly $3.4 billion collected in disgorgements in 2023 shows that substantial disgorgement claims from regulators and law enforcement are the new norm, but corporations may be able to dramatically reduce what they owe by using eight strategies to argue for reduced net profit calculations, say experts at AlixPartners.

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