Competition

  • January 23, 2025

    Turkey Buyers Get Classes Certified For Antitrust Claims

    An Illinois federal court certified two classes of buyers in a case accusing the country's largest turkey processors of working together to reduce supply and increase prices after refusing to exclude analysis from the buyers' experts.

  • January 23, 2025

    Baker Botts Adds DOJ Atty Who Led Airline Merger Challenge

    The former U.S. Department of Justice antitrust attorney who led the agency's successful challenge to a proposed merger between JetBlue and Spirit Airlines has joined Baker Botts LLP as a partner in the firm's Washington, D.C., office.

  • January 23, 2025

    Litigation-Funder Sues Merricks Over Mastercard Settlement

    A representative of more than 45 million U.K. consumers in a class action against Mastercard is being sued by his litigation-funder over his decision to reach a settlement in the £10 billion ($12.3 billion) case for £200 million.

  • January 22, 2025

    10th Circ. Affirms Toss Of Surgical Assistants' Antitrust Suit

    The Tenth Circuit on Tuesday refused to revive an antitrust lawsuit against a national surgical certification board accused of monopolizing a surgical assistants and technicians accreditation and certification market, saying in a published opinion that the Association of Surgical Assistants' failure to establish a relevant market doomed its antitrust claims.

  • January 22, 2025

    Intuitive Chief Rejects Da Vinci Robot Market Monopoly Claim

    Intuitive Surgical's president testified Wednesday in a $140 million California federal antitrust trial over claims the da Vinci surgical robot maker abuses its market power by blocking hospitals from having third parties refurbish a crucial robot component, saying there's no monopoly since Intuitive competes with traditional and laparoscopic surgery offerings.

  • January 22, 2025

    American, JetBlue Ink $1.9M Atty Fee Deal After Antitrust Loss

    A Massachusetts federal judge signed off Tuesday on a settlement requiring American Airlines and JetBlue to cover $1.9 million worth of legal fees that a group of state attorneys general spent successfully challenging the two airlines' Northeast Alliance joint venture as anticompetitive.

  • January 22, 2025

    Former Pioneer CEO Sues FTC Over Exxon Board Block

    The former CEO of Pioneer Natural Resources, Scott Sheffield, accused the Federal Trade Commission of violating his constitutional rights by barring him from serving on Exxon Mobil Corp.'s board when the agency cleared a $60 billion merger between Exxon and Pioneer.

  • January 22, 2025

    Fed. Circ. Stays Order Delisting Teva Inhaler Patents

    Federal Circuit judges have agreed to hold off on immediately delisting patents that cover components of a Teva asthma inhaler from the U.S. Food and Drug Administration's Orange Book after the Israeli drugmaker said doing so would have "seismic" legal consequences and should be reviewed by the full court.

  • January 22, 2025

    No New Trial For Tevra's Flea, Tick Meds Suit Against Bayer

    A California federal judge refused to give Tevra Brands LLC a do-over on allegations that Bayer used exclusive contracts to anticompetitively lock up the market for flea and tick treatments for dogs, finding the veterinary drugmaker was just rehashing previously rejected arguments attacking a key expert witness.

  • January 22, 2025

    Wayne-Sanderson Flouting Wage-Fix Settlement, DOJ Says

    The Justice Department is accusing poultry giant Wayne-Sanderson Farms of shirking its obligations under a settlement resolving wage-suppression allegations, asking a Maryland federal court to put a freeze on any information sharing by the company through Agri Stats and to impose a multiyear extension on its 10-year consent decree.

  • January 22, 2025

    Toy Co. Not Covered In Unpaid Judgment Suit, Judge Says

    A Berkshire Hathaway insurer has no duty to defend a toy company accused of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, a Minnesota federal court ruled, finding that abuse of process claims are not covered under the policy.

  • January 22, 2025

    Colo. Judge 'Dumbfounded' Oil Co. Hasn't Disclosed Deal

    A Colorado state judge on Wednesday said she was "totally dumbfounded" by an oil and gas exploration company's failure to disclose a deal that it appeared to have entered into while telling the court that it had no deals, in a suit brought by an Anschutz oil subsidiary alleging theft of trade secrets.

  • January 22, 2025

    Cox Ends Fight Over Rhode Island Broadband Funding

    Cox Communications Inc. has quietly dropped a suit it filed against the state of Rhode Island over how the smallest state in the union is planning on using its Broadband, Equity, Access and Deployment Program funding.

  • January 22, 2025

    Hotel Guests Urge 3rd Circ. To Revive Algorithmic Pricing Suit

    Guests accusing Atlantic City hotel-casino owners of inflating room rates by using the same software have told the Third Circuit that a lower court was wrong to rely on a similar case targeting room rates in Las Vegas when dismissing their claims.

  • January 22, 2025

    Vanderbilt QB, NCAA Want Eligibility Suit Paused Amid Appeal

    Vanderbilt University star quarterback Diego Pavia and the NCAA have asked to pause Pavia's lawsuit that challenges NCAA eligibility rules, pending the organization's appeal to the Sixth Circuit of a recent decision granting him an additional year of eligibility.

  • January 22, 2025

    Connell Foley Fights DQ Bid In Investment Firm's Bias Suit

    A group of current and former New Jersey state officials blasted a motion to disqualify their counsel at Connell Foley LLP in a discrimination suit from a Black-owned investment firm in New Jersey federal court, calling the move a frivolous and bad faith stalling tactic.

  • January 22, 2025

    Case Removal Rules Aimed At Fairness, Ex-Atty Tells 5th Circ.

    Several Fifth Circuit judges seemed keen Wednesday to clarify what activity in state court would bar litigants from removing their cases to federal court, as the full appeals court reconsidered a remand order for a Houston firm's poaching suit.

  • January 22, 2025

    Snooker Star's Biz Files £10M Claim Over Player Contracts

    A company part-owned by snooker world champion Ronnie O'Sullivan has lodged a claim with the Competition Appeal Tribunal over contract terms that prevent players from taking part in tournaments not organized by the sport's major governing body.

  • January 21, 2025

    Walmart Settles IP Suits Over Ugg, Hoka, Teva Footwear

    Walmart Inc. is settling a couple of trade dress and patent infringement lawsuits Deckers Outdoor Corp. lodged that accused the retail giant of ripping off several UGG, Hoka and Teva boot and slipper designs, according to notices the companies filed Friday in California federal court.

  • January 21, 2025

    Intuitive Seeks Midtrial End To Robo-Surgery Antitrust Suit

    Before calling its first defense witness Tuesday, Intuitive Surgical urged a federal judge to find in its favor in a trial over claims that it abused its market dominance by blocking third parties from refurbishing a component of its da Vinci surgery robot, saying there's no evidence of an unlawful tying arrangement.

  • January 21, 2025

    Court Tosses Yacht Sale Broker Fee Antitrust Case, For Now

    A Florida federal court dismissed a case on Tuesday from boat sellers alleging they paid inflated broker fees when selling used vessels through yacht listing services, but will allow the sellers to file an amended complaint.

  • January 21, 2025

    AI Auto Damage-Assessing Giant Settles Monopoly Claims

    Tractable Inc. and CCC Intelligent Solutions have reached a deal to end their trade secrets and antitrust dispute, after Tractable accused CCC of leveraging its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices.

  • January 21, 2025

    Colo. City Blocking Fiber Co. For Own Benefit, Suit Says

    Colorado's second-biggest city has been denying a fiber internet company access to its utility easements because it doesn't want it competing with the city's own internet service, Metronet claims in a new lawsuit.

  • January 21, 2025

    ACC Asks Fla. High Court To Pause FSU's Suit

    The Atlantic Coast Conference said Tuesday that it intends to ask the Florida Supreme Court to take up its bid to halt Florida State University's grant-of-rights contractual lawsuit in favor of the conference's action in North Carolina.

  • January 21, 2025

    DOJ Fights Visa's Bid To Duck Monopoly Case

    The U.S. Department of Justice urged a New York federal court not to toss its case accusing Visa of illegally maintaining a monopoly over debit card networks, saying the company's dismissal bid misconstrues the law and wrongly tries to expand the market at issue.

Expert Analysis

  • What To Expect From State AGs As Federal Control Changes

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    Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Opinion

    Efficiency Dept. Should Consolidate Antitrust Enforcement

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    President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

  • Destination Skiing And The DOJ's Mountain Merger Challenge

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    Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

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    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

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