Competition

  • January 17, 2025

    Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal

    In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.

  • January 17, 2025

    Hogan Lovells Lands Quinn Emanuel IP Litigator In SF

    Hogan Lovells has brought on a former longtime Quinn Emanuel Urquhart & Sullivan LLP partner in its San Francisco office, bolstering its intellectual property practice with an experienced trial and appellate lawyer who has guided technology companies such as Google in IP litigation.

  • January 17, 2025

    FTC Accuses Pepsi Of Giving Advantage To Favored Retailer

    The Federal Trade Commission on Friday accused Pepsi of giving a big box retailer better terms and promotional payments, putting smaller competitors at a disadvantage.

  • January 24, 2025

    Simmons Taps DLA For New Antitrust Chief, MoFo For RE Pro

    Simmons & Simmons LLP has hired DLA Piper's U.K. competition chief and an expert in international real estate transactions from Morrison Foerster LLP to boost its legal services in its London office.

  • January 16, 2025

    FCC Rejects TV License Attacks As Leadership Switch Nears

    The Federal Communications Commission rejected four controversial petitions targeting major news broadcasters Thursday, dispensing with the cases just days before Donald Trump reclaims the White House and installs a Republican majority on the commission.

  • January 16, 2025

    UK CMA Settles Sports Betting Company Divestiture

    Spreadex has appealed an order from the U.K.'s competition enforcer commanding it to sell off a sports betting company that it acquired in 2023, but in the meantime, it is taking all the necessary steps to comply with the agency's order.

  • January 16, 2025

    GOP Describes FTC Dems' Last Days As 'Farcical,' 'Senseless'

    Democratic enforcers at the U.S. Department of Justice and Federal Trade Commission are on a blitz of guidelines and complaints in their last days at the agencies, a push increasingly assailed by FTC Republicans who've said Democratic-specific efforts to enshrine antitrust safeguards for workers and more "has no future."

  • January 16, 2025

    Crypto Firm DRW Wants Out Of SEC's 'Scorched Earth' Suit

    The crypto-trading arm of DRW Holdings says it has become the latest target of the U.S. Securities and Exchange Commission's "scorched-earth enforcement campaign against the crypto-asset industry" in its bid to dismiss a suit alleging it engaged in more than $2 billion in unregistered crypto transactions.

  • January 16, 2025

    2nd Circ. Revives Wonderful Pistachios' Trade Dress Case

    The Second Circuit revived a trademark infringement complaint from The Wonderful Co. LLC and Cal Pure Produce against pistachio-selling rival Nut Cravings Inc., saying Thursday that the plaintiffs plausibly alleged a likelihood of confusion in how each company's products are packaged, contrary to what a Manhattan federal judge concluded in dismissing the case.

  • January 16, 2025

    Gov't Wants Time During Epic, Google's 9th Circ. Face-Off

    When Epic Games and Google face off next month at the Ninth Circuit, the federal government is hoping it will get a few minutes to state its case for why the appellate court shouldn't overturn an order forcing Google to allow alternative app stores on its platform, the government said in a recent motion.

  • January 16, 2025

    Antitrust's 'Moment' Has Arrived, Thanks To Biden Enforcers

    As President-elect Donald Trump retakes the White House, with antitrust picks operating under a mandate to go after Big Tech and "censorship" with enforcement that's vigorous, but not stifling, which key parts of President Joe Biden's competition law legacy may last and what won't are coming into focus.

  • January 16, 2025

    EpiPen Direct Buyers, Mylan Ink $75M Antitrust Deal

    Mylan Pharmaceuticals has agreed to pay $73.5 million to resolve claims it worked with Pfizer to inflate the price of the latter's popular auto-injecting emergency allergy medication EpiPen, a proposed class of direct purchasers told a Kansas federal judge Wednesday, bringing the total settlement to $123.5 million.

  • January 16, 2025

    Merck Defends 3rd Circ. Win In Mumps Vaccine Antitrust Case

    Merck urged the Third Circuit not to reconsider a ruling that immunized the company from antitrust claims over submissions it made to federal regulators for its mumps vaccine, arguing the appeals court was right to find the submissions were protected.

  • January 16, 2025

    Swedish Match Wants 'Copycat' Sham Patent Suit Nixed

    Swedish Match urged a Virginia federal judge to toss a proposed class action it said largely parrots a since-settled antitrust suit from which consumers can draw no basis for claims the tobacco company used litigation to drive a nicotine pouch rival out of the market.

  • January 16, 2025

    Colo. AG Wants Ruling In Case Grocers' Merger Is Resurrected

    The Colorado attorney general on Wednesday urged a Denver judge to rule on the state's challenge to Kroger Co. and Albertsons' merger despite the grocers' claims they've abandoned the deal, arguing the fact that the companies dispute each other's termination of the merger suggests it "may still be operative."

  • January 16, 2025

    NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out

    The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.

  • 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.

Expert Analysis

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Peeling Back The Layers Of SEC's Equity Trading Reforms

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    The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • CFPB School Lunch Focus Could Expand E-Payment Scrutiny

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    The Consumer Financial Protection Bureau's recent spotlight on payment processing systems used to add funds to school lunch accounts shows its continued ambitions to further expand its supervisory power in the payments industry, all the way down to the school lunch market, says Tom Witherspoon at Stinson.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • Opinion

    Rental Price-Fixing Suit Against RealPage Doesn't Add Up

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    Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • 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.

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