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Competition
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January 14, 2025
FTC Issues Second Report On PBMs, Expanding Study Scope
The Federal Trade Commission released a second "interim" report on pharmacy benefit managers and their effects on specialty drug prices Tuesday, claiming that the companies have driven up prices well over acquisition costs and continue to squeeze independent pharmacies out of the market through low reimbursement rates.
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January 14, 2025
Hytera Asks Justices To Check Whether DTSA Applies Abroad
China-based Hytera Communications Corp. Ltd., which lost a trade secrets trial resulting in a $764 million jury award for Motorola Solutions that has since been reduced, has asked the U.S. Supreme Court to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.
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January 14, 2025
Goodwin Enters Brussels With Ex-Quinn Emanuel Antitrust Atty
Goodwin Procter LLP has opened an office in Brussels, focusing on competition matters with the hiring of a former Quinn Emanuel Urquhart & Sullivan LLP attorney who once served as the head of Shearman & Sterling LLP's global antitrust group.
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January 14, 2025
Steptoe Hires A&O Shearman Political Law Leader In DC
Steptoe LLP has hired the former head of A&O Shearman's political law group, who is joining the team in Washington, D.C., as a partner to continue her practice focused on a range of white collar investigations and political law issues, the firm announced Tuesday.
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January 14, 2025
Mass. AG Says Insulin Makers, Middlemen Colluded On Costs
Insulin makers Eli Lilly, Sanofi and Novo Nordisk conspired with pharmacy benefit managers OptumRX, Express Scripts and CVS Caremark to jack up prices by as much as 1,000%, the Massachusetts attorney general alleged in a suit.
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January 14, 2025
Apple Tells UK Trial That App Developers Get Fair Price
Apple told a trial in London on Tuesday that a £1.5 billion ($1.8 billion) claim over the commission it charges to third-party app developers overlooks the benefits users get from its App Store and ignores the company's intellectual property rights.
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January 14, 2025
DOJ Accuses PE Giant KKR Of Dropping Merger Disclosures
The Justice Department filed an extraordinary lawsuit Tuesday accusing private equity giant KKR & Co. Inc. of repeatedly flouting its merger notification requirements, "altering" or "systematically omitting" documents on some deals and failing entirely to notify enforcers of at least two, including a $6.9 billion transaction, only for KKR to file its own suit in response.
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January 13, 2025
Robo-Surgery Part Reset Is Reliable, Expert Tells Antitrust Jury
A mechanical engineering expert who testified Monday in an antitrust trial in California federal court over claims that Intuitive Surgical Inc. abuses its market power by blocking hospitals from extending the life of a surgical robot part said the extension procedure was "thorough" and "reliable."
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January 13, 2025
Robinhood Users Oppose Arbitration Of 'Meme Stock' Claims
Stock trading platform Robinhood has failed to lay the groundwork for sending user disputes to arbitration, seven users of the platform claimed Monday in a bid to keep their claims in federal court over the company's 2021 suspension certain so-called meme stock trades.
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January 13, 2025
COVID-19 Tracking App's Apple Antitrust Suit Snuffed Out
A D.C. federal judge won't permit a COVID-19 tracking app to tweak its proposed antitrust class action against Apple, finding that the amended complaint "stumbles at step one" and cannot adequately describe smartphone and app markets to justify allegations that the technology giant shut out competing tracker apps.
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January 13, 2025
Judge In John Deere Antitrust Case Flags Potential Conflict
The Illinois federal judge overseeing a proposed right-to-repair class action against John Deere told the parties on Monday that he is facing a potential conflict of interest after finding the name of a "good friend" in documents connected to the case.
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January 13, 2025
Google Says Sanctions Bid In Texas Ad Tech Case Too Late
Google has urged a Texas federal court to reject a bid for sanctions in the ad tech monopolization case being brought by state enforcers over the company's prior policy for retaining internal chats, arguing that the bid comes too late.
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January 13, 2025
Ozempic Maker Says Atlanta Clinic Misuses TM To Sell Meds
Novo Nordisk, the pharmaceutical company that makes weight loss drugs Ozempic, Rybelsus and Wegovy, filed suit against an Atlanta anti-aging treatment center in Georgia federal court Friday, alleging trademark infringement, false advertising, unfair competition and deceptive trade practices.
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January 13, 2025
NC Judge Rebuffs Redo In Pool Co.'s $16M False Ads Trial
A North Carolina federal court said Monday it did not err in letting a Chinese pool parts supplier's American rival introduce evidence that its "Made in the USA" claims misled customers, denying the company a do-over on a false advertising and unfair business practices trial that resulted in a $16 million judgment against it.
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January 13, 2025
T-Mobile, UScellular Say Tie-Up Will 'Greatly' Amp Up Service
T-Mobile and UScellular defended their $4.4 billion deal to combine wireless operations, telling the Federal Communications Commission that expanding the T-Mobile footprint will improve consumers' experiences around the country.
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January 13, 2025
TDK, NHK Face Certified Classes In Price-Fixing MDL
A California federal judge has certified classes of resellers and end users who allege that electronics manufacturers TDK Corp. and NHK International Corp. fixed prices of certain hard-drive components, rejecting the companies' challenges to the plaintiffs' overcharge damages theories and finding that the claims can be resolved on a classwide basis.
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January 13, 2025
Chamber Challenges FTC And DOJ Merger Filings Overhaul
The U.S. Chamber of Commerce and other business groups have filed a legal challenge contesting the looming overhaul to merger filing notification requirements that the Federal Trade Commission and Justice Department say will fill information gaps, but that the Texas federal lawsuit contends is overly burdensome and unjustified.
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January 13, 2025
FTC Says It Has Power To Modify Meta Privacy Order
The Federal Trade Commission has rejected Meta's argument that the agency lacks authority to modify a $5 billion data privacy settlement as the social media giant continues fighting an order barring it from monetizing children's data.
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January 13, 2025
Shippers Accused Of Overcharging Motorists In £100M Trial
A group of shipping companies caused motorists to pay higher prices for their vehicle than they would otherwise have done by artificially inflating delivery charges, lawyers for the vehicle owners said at the start of a £100 million ($121.4 million) class action trial Monday in London.
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January 13, 2025
DOJ Litigator Who Tried Google Antitrust Case Joins Weil
A U.S. Department of Justice attorney who was part of the government's team challenging alleged monopolization practices by Google has moved to Weil Gotshal & Manges LLP, the firm announced Monday.
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January 13, 2025
Proskauer Faces Revived DQ Bid In NJ Hospital Antitrust Fight
CarePoint Health is once again pushing to have Proskauer Rose LLP disqualified as counsel for healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit in New Jersey federal court, asserting that a magistrate judge erred in previously denying its request.
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January 13, 2025
CFIUS Grants Nippon, US Steel Extension To Abandon Deal
The government committee that reviewed Nippon Steel's proposed $14.9 billion acquisition of U.S. Steel before President Joe Biden blocked the deal earlier this month has granted an extension until June for the companies to abandon the deal, according to a U.S. Steel securities filing Monday.
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January 13, 2025
Apple Accused At Trial Of 'Eliminating' App Store Competition
Apple was accused Monday of "eliminating" competition to its App Store, allowing it to charge developers excessively high commissions that cost consumers up to £1.5 billion ($1.8 billion), as the first U.K. class action trial against a Big Tech company started.
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January 13, 2025
Justices Won't Hear Bid To Quash Antitrust Probe Of Realtors
The Supreme Court refused on Monday to review the National Association of Realtors' bid to block a reopened U.S. Department of Justice antitrust investigation of the trade group's rules.
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January 13, 2025
High Court Won't Scrutinize Huge Class Of Meta Advertisers
The U.S. Supreme Court declined Monday to assess the certification of an enormous class of businesses that social media colossus Meta Platforms allegedly defrauded by inflating the reach of Facebook and Instagram advertisements, upping the odds of a major payout in the closely watched case.
Expert Analysis
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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What PCOAB's Broadened Liability Rule Means For Auditors
The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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Presidents And Precedents May Direct Khan's Future Course
While the Sept. 25 technical expiration of Federal Trade Commission Chair Lina Khan's term demands no immediate action, it does invite an analysis of commission policy and post-election possibilities, says Axinn's Richard Dagen, a former FTC official.
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Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants
A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.
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What To Expect From Calif. Bill Regulating PE In Healthcare
A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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A Look At The Economic Impact Of Drug Patent Differentiation
Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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What To Know About Insurance Coverage For Antitrust Risks
With all the regulatory activity surrounding antitrust and unfair competition claims, as highlighted by last month's D.C. federal court decision that Google is a monopolist, businesses must not only ensure compliance, but also understand their potential insurance coverage when such claims arise, says Micah Skidmore at Haynes Boone.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.