Competition

  • July 19, 2024

    Temple U.'s Ken Jacobsen On NCAA-House Deal, What's Next

    Even with a deal of such size and consequence — approximately $2.8 billion, more than 184,000 athletes in the class, all the Power Five conferences named and with decades of court rulings leading up to it — the settlement over name, image and likeness compensation in the Grant House-led class action against the NCAA is best seen as a beginning, rather than an end.

  • July 19, 2024

    Axon Says FTC Has 'No Reason' To Wade Into Suit

    Axon urged a New Jersey federal judge Thursday to "give no weight" to a Federal Trade Commission amicus intervention into a proposed class action against the company, arguing that however much the FTC bristles at references to an abandoned merger case, that consternation isn't relevant to the instant suit.

  • July 19, 2024

    Shoemaker Asks Court To Trim Birkenstock Copycat Claim

    A judge said Friday that she couldn't tell the difference between several popular styles of Birkenstock sandals and alleged "knockoff" versions made by a New Hampshire company based on photos, signaling potential trouble for the defendant in a trademark infringement lawsuit by the German footwear-maker.

  • July 19, 2024

    San Francisco Lawmaker Floats Rent Algorithm Software Ban

    A San Francisco lawmaker proposed a ban that would prohibit selling or using software that can be used for rent price fixing, and took aim at property management software companies such as RealPage and Yardi for their software allegedly being used for such a purpose.

  • July 19, 2024

    MLS, US Soccer Can't Get Redo On Antitrust Suit Preservation

    A New York federal judge told Major League Soccer and the sport's U.S. governing body that he would not reconsider a previous order that kept alive an antitrust suit against the organizations, but he did offer some of the clarification they were seeking about market definition.

  • July 19, 2024

    FTC Says Microsoft Price Hike Shows Activision Deal Harm

    The Federal Trade Commission told the Ninth Circuit that Microsoft's recently announced Game Pass price increase is an example of the harm caused by the company's $68.7 billion acquisition of game developer Activision Blizzard Inc.

  • July 19, 2024

    Judge Recuses As Tech Firm Slams Dow Chemical's Request

    An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."

  • July 19, 2024

    Occidental Could Sell $3.6B CrownRock Stake To Ecopetrol

    Occidental Petroleum said in a securities filing Friday that it could sell a 30% stake in CrownRock — which Occidental is under contract to buy for $12 billion — to Columbia's Ecopetrol for $3.6 billion. 

  • July 19, 2024

    OK Foods, Consumers Reach Deal In Chicken Price-Fixing Suit

    Consumers accusing the nation's largest broiler chicken producers of coordinating and limiting chicken production to raise prices have told an Illinois federal judge that they've reached a settlement in principle with O.K. Foods, O.K. Farms and O.K. Industries.

  • July 19, 2024

    Taxation With Representation: A&O Shearman, Gibson Dunn

    In this week's Taxation With Representation, Cleveland-Cliffs Inc. buys Stelco Holdings Inc., KBR acquires LinQuest Corp., Blue Owl Capital Inc. purchases Atalaya Capital Management LP, and Amphenol Corp. buys two mobile networks units from CommScope.

  • July 19, 2024

    UK Clears Nationwide's £2.9B Purchase Of Virgin Money

    The competition regulator of the U.K. said Friday that it has cleared Nationwide Building Society's acquisition of Virgin Money UK PLC for £2.9 billion ($3.7 billion), which the companies say would create a combined group with assets of approximately £366 billion.

  • July 19, 2024

    UK Clears Roche's $295M Purchase Of Diagnostics Biz

    The U.K. antitrust watchdog said Friday that it has cleared a $295 million proposed purchase by Swiss drugmaker Roche of parts of diagnostic company LumiraDx.

  • July 18, 2024

    Epic Says Apple's 'Strategic Delay' Tactics Still Ongoing

    The ongoing fight between Epic Games and Apple over the tech giant's compliance with a court order meant to open up app payment competition showed little sign of abating as Epic continued to blast Apple for slow and incomplete production.

  • July 18, 2024

    Live Nation Previews Part Of Case Against DOJ Suit

    Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the U.S. Department of Justice and multiple state attorneys general, arguing that the state law claims are "threadbare" and that a chunk of the DOJ case amounts to trying to force them to deal with competitors.

  • July 18, 2024

    LegitScript Asks 9th Circ. To Ax Price-Checker Antitrust Suit

    LegitScript has told the Ninth Circuit that PharmacyChecker cannot bring antitrust claims for allegedly having its price-checking website blacklisted because the bulk of its business is geared towards helping people illegally import prescription drugs.

  • July 18, 2024

    Chancery Strains To Unwrap Shareholder's Amazon Order

    A Delaware Chancery Court vice chancellor struggled on Thursday to wrap her head around a shareholder's demand for corporate documents to probe antitrust allegations at Amazon.com Inc. after a magistrate's report found the shareholder had not presented enough evidence to force the retailer to open its books.

  • July 18, 2024

    Sunday Ticket Customers Slam NFL's Bid To Upend $4.7B Win

    DirecTV Sunday Ticket subscribers opposed the NFL's effort to vacate a $4.7 billion antitrust verdict handed down by California federal jurors last month, arguing on Wednesday the league cannot second-guess the jury's findings and that the plaintiffs actually received far less than what they sought.

  • July 18, 2024

    Truck Buyers Seek To Stop Cartel 'Picking Off' Claimants

    A trade group suing major truck makers in a £2 billion ($2.6 billion) class action over an alleged price-fixing cartel told a London tribunal on Thursday the manufacturers should be prevented from making the group claim unviable by "picking off" claimants through settlement offers.

  • July 18, 2024

    Meta And FTC Want DC Circ. Privacy Fight Kept Paused

    Meta's D.C. Circuit bid to stop the Federal Trade Commission from modifying the parties' $5 billion privacy settlement should be kept on ice, both sides said Thursday, as the commission vies to toss Meta's trial court suit following a recent U.S. Supreme Court ruling.

  • July 18, 2024

    Vermont Suit Accuses PBMs Of Price-Fixing

    Vermont's attorney general filed suit against pharmacy benefit managers Express Scripts and CVS Wednesday, accusing the companies of abusing their market power to drive up prescription costs for consumers and squeezing out price competition from small pharmacies.

  • July 18, 2024

    King & Spalding Guides Quanta's $1.5B Cupertino Buy

    Houston-based Quanta Services Inc. said Thursday it has acquired fellow energy infrastructure provider Cupertino Electric Inc. for up to $1.54 billion, with King & Spalding LLP and Fenwick & West LLP providing legal counsel on the deal, respectively. 

  • July 18, 2024

    Deals Rumor Mill: Google, StandardAero, Sony

    Google parent Alphabet is nearing a $23 billion Wiz buy, PE firms circle StandardAero at a potential $10 billion price, and Sony backs away from Paramount after the Skydance deal. Law360 breaks down these and other notable deal rumors from the past week.

  • July 18, 2024

    PharMerica Inks $100M Deal In 13-Year-Old Whistleblower Suit

    PharMerica Corp. has agreed to pay $100 million to settle a former New Jersey nursing home owner's long-running whistleblower litigation over an alleged drug kickback scheme, according to the plaintiff's law firm.

  • July 18, 2024

    Amphenol Corp. Paying $2.1B For CommScope Mobile Units

    Amphenol Corp. has inked a deal to buy two mobile networks units from CommScope for $2.1 billion, with Latham & Watkins LLP and Alston & Bird LLP advising the companies, respectively, on the all-cash deal, according to statements Thursday.

  • July 17, 2024

    T-Mobile, AT&T, Verizon Accused Of Using Negotiating Cartel

    An intellectual property licensing business on Wednesday filed yet another suit against AT&T, T-Mobile and Verizon Wireless, this time accusing the telecommunications companies of wielding their market power and conspiring to refuse to license innovative 4G and 5G wireless communications system technology.

Expert Analysis

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry

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    As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.

  • How High Court Approached Time Limit On Reg Challenges

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    The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.

  • Series

    After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy

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    While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • How Generative AI May Aid Merger Clearance Process

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    Generative artificial intelligence capable of analyzing and searching large datasets stands to revolutionize the merger clearance process, including by significantly reducing the time and effort required to respond to Hart-Scott-Rodino second requests, say Kenneth Koch and Brian Blush at BDO USA.

  • Antitrust In Retail: The Meaning Of 'Accessible Luxury'

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    In order for the Federal Trade Commission to block a deal that would put six "accessible luxury" brands, including Coach and Michael Kors, under one roof, the agency will need to prove that this category is distinct from the true luxury or mass-market categories, says David Kully at Holland & Knight.

  • 4 Important Events In Bank Regulation: A Midyear Review

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    The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.

  • FTC Focus: Competition And The Right To Repair

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    If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.

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