Competition

  • January 16, 2025

    Amazon Shoppers' 'Buy Box' Suit Tossed For Good

    A Washington federal judge has rejected two consumers' attempt to rectify their proposed class action against Amazon, concluding the plaintiffs cannot show a reasonable customer would be duped into believing the "Buy Box" on the marketplace website shows the lowest priced offer for any item.

  • January 16, 2025

    FTC Fights Southern Glazer's Bid To Seal Pricing Allegations

    The Federal Trade Commission is opposing a bid from Southern Glazer's to permanently seal parts of the complaint in the commission's price discrimination case, including percentages allegedly showing how much more small retailers pay for wine and spirits than large chains.

  • January 16, 2025

    HP's $4M 'Strike-Through' Prices Deal Nears Initial OK

    A California federal judge indicated Thursday he's open to preliminarily approving HP's $4 million deal to resolve a proposed class action alleging the company misled consumers with fictitious "strike-through" prices of products sold online, but expressed skepticism about a provision that barred consumers from litigating while the deal is pending approval.

  • January 16, 2025

    US Olympic Committee, Logan Paul Drink Co. Settle TM Suit

    The U.S. Olympic & Paralympic Committee has settled its trademark infringement case against Prime Hydration LLC, a sports drink company co-founded by social media influencer-turned-wrestler Logan Paul, leading to a Colorado federal court's dismissal of the case. 

  • January 16, 2025

    Trump Names Senate Commerce Aide As FCC Commissioner

    President-elect Donald Trump on Thursday named Olivia Trusty, a top Republican aide on the U.S. Senate Commerce Committee, as his pick for the next GOP commissioner on the Federal Communications Commission.

  • January 16, 2025

    Cleveland-Cliffs Sets Sights On US Steel, And More Rumors

    Cleveland-Cliffs has re-emerged as a potential suitor to purchase U.S. Steel after President Joe Biden blocked Nippon's planned purchase, TikTok could be sold to Elon Musk, and Prada is among potential suitors eyeing Versace. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • January 16, 2025

    Apple CFO Challenges App Store Profit Claim In £1.5B Trial

    Apple's chief financial officer told a London antitrust tribunal Thursday that the profitability of the App Store could not be meaningfully measured as he gave evidence in a £1.5 billion ($1.8 billion) class action against the tech giant.

  • January 16, 2025

    Madeira Loses EU State Aid Case Over Tax Breaks

    Portugal will have to recover money from companies granted reduced tax rates by its autonomous territory Madeira because the taxpayers failed to meet the terms of two European Commission decisions allowing state aid, the European Court of Justice ruled Thursday.

  • January 16, 2025

    Amazon Appeals Interim License Loss In Nokia Patent Spat

    Amazon urged the Court of Appeal on Thursday to give it permission to argue that Nokia must offer it an interim license over the telecoms company's video streaming portfolio, saying that Nokia is trying to use litigation to force it into unfair licensing terms.

  • January 16, 2025

    UK Probes Keysight's £1.2B Offer For Telecoms Biz Spirent

    Britain's antitrust authority said Thursday that it has launched a formal probe into the £1.16 billion ($1.42 billion) takeover offer made by U.S. technology company Keysight Technologies for Spirent Communications, a U.K. telecoms testing specialist.

  • January 15, 2025

    Novartis Wins Temporary Stay Of MSN's Generic Heart Drug

    The D.C. Circuit late Wednesday temporarily halted the U.S. Food and Drug Administration's approval of MSN Pharmaceuticals' generic version of Novartis' blockbuster heart failure drug Entresto, just after federal judges in D.C. and Delaware declined to block the launch of MSN's product.

  • January 15, 2025

    Robo Surgery Co. Caused $140M In Lost Profits, Jury Told

    Surgical Instrument Service suffered lost profits of up to $140 million because Intuitive Surgical Inc. blocked it from providing a service that extends the life of an Intuitive da Vinci surgery robot component, an economist told jurors Wednesday in a trial over claims Intuitive abuses its market power.

  • January 15, 2025

    Drake Says Violence Followed UMG Boosting 'Pedo' Claim

    Universal Music Group chose greed over the safety of its artists when it launched a campaign to boost the popularity of Kendrick Lamar's single "Not Like Us," which the record label knew falsely accused Drake of being a "certified pedophile," the Canadian rapper alleged Wednesday in a Manhattan federal lawsuit.

  • January 15, 2025

    FTC Won't Disqualify Commissioners From PBM Insulin Case

    The Federal Trade Commission denied bids from Caremark Rx, Express Scripts and OptumRx that sought to bar the commission's Democratic members from participating in a case accusing the pharmacy benefit managers of inflating insulin prices.

  • January 15, 2025

    Outgoing FCC Chair Touts 'Wins On The Board'

    With less than a week left in office, the chief of the Biden-era Federal Communications Commission on Wednesday highlighted the accomplishments of her tenure, including efforts to connect more Americans and advance space-based communications, but warned that a number of problems ranging from cybersecurity threats to the digital divide persist.

  • January 15, 2025

    FTC Defends Authority To Bring Amazon Antitrust Case

    The Federal Trade Commission is pushing back on Amazon's claims that the commission can't bring an antitrust case in federal court without first launching an administrative complaint, telling the Washington federal judge overseeing its case against the e-commerce giant that the Ninth Circuit has already cleared such a move.

  • January 15, 2025

    Samsung Slams Epic's Antitrust Suit Over Google Play Store

    Samsung moved to end Epic Games' suit alleging it colluded with Google to skirt an impending injunction forcing Google to permit competition with its Play Store by installing an auto blocker feature on Samsung devices, telling a California federal judge Wednesday the feature is a product improvement shielded from antitrust scrutiny.

  • January 15, 2025

    Buyers In Cheese Co. Deal Fight To Keep Claims In Fla.

    Two Florida companies asked the Eleventh Circuit on Wednesday to revive their lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling them a worthless cheese distribution company for $17 million, arguing the presence of deal counsel in Miami is enough to keep the suit in Florida federal court.

  • January 15, 2025

    Tenants Want Yardi Rent-Fixing Suits Combined

    Renters have urged a federal court in Washington state to consolidate two other cases with their proposed class action, which claims that multifamily building owners schemed to use a real estate management software company's product to inflate rental prices.

  • January 15, 2025

    Noncompete Ban Has A Defender In Wings If Trump FTC Won't

    Entrepreneurs group Small Business Majority wants the Fifth and Eleventh circuits to let it intervene to defend the Federal Trade Commission's currently blocked noncompetes ban if FTC Republicans stop arguing for the rule as expected once they take power.

  • January 15, 2025

    Fubo Subscriber Sues Disney For Alleged Antitrust Practices

    A Fubo subscriber has filed an antitrust lawsuit in New York federal court alleging the Walt Disney Co.'s ownership of ESPN allows it to dominate the broadcasting licenses for professional sports, enabling Disney to monopolize and inflate prices within the paid, live-streaming television market.

  • January 15, 2025

    Attys Must Show They Obeyed Candor Rule In Shell Discovery

    A Delaware federal court has ordered attorneys from Heyman Enerio Gattuso & Hirzel LLP, Wachtel Lipton Rosen & Katz, and White & Case LLP to show why they should not be found in violation of professional conduct rules over their handling of discovery requests while defending corporate clients amid a Shell Chemical LP antitrust proceeding in the Netherlands.

  • January 15, 2025

    Amex GBT Blasts Bid To Block $570M Travel Services Deal

    American Express Global Business Travel Inc. told a New York federal court Tuesday that the U.S. Department of Justice case seeking to block its planned $570 million purchase of CWT Holdings LLC ignores the competitive landscape of the corporate travel management industry.

  • January 15, 2025

    Trump's AG Pick Tries To Assure Congress On Independence

    President-elect Donald Trump's nominee for attorney general attempted to assuage uneasiness from Democrats on Wednesday, saying the U.S. Department of Justice will be free of politics and will not go after perceived enemies.

  • January 15, 2025

    Canada Greenlights $18B Viterra-Bunge Grain Deal

    The Canadian government has approved grain and seed supplier Bunge Ltd.'s plan to buy global grain trader Viterra Ltd. for $18 billion, but with "extensive" conditions, including Bunge having to invest at least $520 million in Canada over the next five years.

Expert Analysis

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

  • HSR Amendments Intensify Merger Filing Burdens, Data Risk

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    The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.

  • What's Inside Feds' Latest Bank Merger Review Proposals

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    Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • How Biden Admin Has Used Antitrust Tools, And What's Next

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    The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.

  • How BIS' Rule Seeks To Encourage More Voluntary Disclosure

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    Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Challenge To Ill. Card Fee Law Explores Compliance Hurdles

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    A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.

  • Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance

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    A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • 5th Circ. Shows Admin Rules Can Survive Court Post-Chevron

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    The Fifth Circuit's textual analysis of the Fair Labor Standards Act, contributing to its recent affirming of the U.S. Department of Labor’s authority to set an overtime exemption salary threshold, suggests administrative laws can survive post-Chevron challenges, say Jessi Thaller-Moran and Erin Barker at Brooks Pierce.

  • Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'

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    The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

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