Competition

  • January 10, 2025

    What's Next After Fed. Circ. Limits Orange Book Listings?

    Under the Federal Circuit's recent ruling that patents must claim a drug's active ingredient to be included in the U.S. Food and Drug Administration's Orange Book, many patents may be listed improperly, but their fate and the ruling's impact on generic competition are far from settled, attorneys say.

  • January 10, 2025

    Ga. Law Firm Latest To Fight Corporate Transparency Act

    A federal law designed to combat money laundering violates the U.S. Constitution by forcing lawyers to disregard attorney-client privilege, a Georgia lawyer told a federal court, joining a chorus seeking legal action to stop the law.

  • January 10, 2025

    NASCAR Loses Bid To Toss Racing Teams' Antitrust Suit

    A North Carolina federal judge on Friday denied NASCAR's motion to dismiss a lawsuit lodged by two racing teams that accused the organization of maintaining a monopoly, saying it is too early to determine a dismissal because the teams sufficiently alleged antitrust claims.

  • January 10, 2025

    Hog Supplier's Contract Tussle With Smithfield OK'd For Trial

    A former hog supplier in North Carolina can take some of its breach of contract claims to trial in a lawsuit alleging Smithfield Foods Inc.'s pricing practices were a death knell for the supplier's swine operations, according to a newly unsealed state Business Court opinion.

  • January 10, 2025

    Off The Bench: Venu Deal Off, Fox Suit, Gender Rules Wobble

    In this week's Off The Bench, a last-minute merger ends litigation over the new sports streaming service Venu, only for its backers to mothball the project entirely, Fox Sports is rocked by lurid sexual harassment claims, and a federal judge knocks down an attempt to expand transgender discrimination protections.

  • January 10, 2025

    NC Machinery Co. Says Rival Lied To Hide Trade Secrets Theft

    A North Carolina machining tools manufacturer is suing the American arm of its Germany-based rival in state Business Court, claiming the competitor has been hiring away its talent to acquire its trade secrets and then misrepresenting its job descriptions to hide the alleged scheme.

  • January 10, 2025

    Wright Must Detail $108M Damages Claim Against Accusers

    Joshua Wright, a former commissioner of the Federal Trade Commission, must reappear for a deposition to answer previously unanswered questions posed by two women he's suing for defamation on the details of his $108 million damages claim against them, a Virginia judge ruled Friday.

  • January 10, 2025

    Lawyer Seeks New Trial Against Blank Rome Attorneys

    A lawyer who lost her malicious-litigation case against Blank Rome LLP attorneys and an aviation company in Philadelphia last month has moved for a new trial in Pennsylvania federal court, citing what she called "numerous errors committed by the district court" in her first trial.

  • January 10, 2025

    EU Greenlights $35B Synopsys-Ansys Deal With Remedies

    The European Commission said Friday it has conditionally approved Synopsys Inc.'s proposed $35 billion acquisition of Ansys Inc. after the companies agreed to certain divestitures, as the megadeal continues to make regulatory progress across jurisdictions.

  • January 10, 2025

    ESPN, Fox, Warner Bros. Abruptly Scrap Sports Streaming JV

    ESPN, Fox and Warner Bros. Discovery called off their Venu joint live sports streaming venture Friday, just days after ESPN parent company The Walt Disney Co. used the acquisition of a majority stake in streaming startup FuboTV Inc. to nix Fubo's challenge to Venu on the courthouse steps.

  • January 10, 2025

    Apple Showdown Starts 1st Wave Of Big Tech Class Actions

    Apple will become the first big technology company to go on trial under the U.K. collective action regime on Monday, facing a claim of abuse of dominance that could have significant consequences for several other class actions against tech giants including Google, Meta and Amazon.

  • January 10, 2025

    Sports Betting Company Challenges CMA Order To Sell Biz

    Sports betting company Spreadex has appealed against an order by the Competition and Markets Authority that it must sell a business it acquired in 2023 over concerns that a combined entity would harm the market for licensed online sports spread-betting.

  • January 10, 2025

    DOJ Sues To Block Amex GBT's $570M Deal For Rival CWT

    The U.S. Department of Justice filed a lawsuit Friday seeking to block American Express Global Business Travel Inc.'s planned $570 million acquisition of corporate travel management rival CWT Holdings LLC.

  • January 09, 2025

    'Stunned': Judge Rips Atty For Violating Antitrust Trial Order

    A California federal judge overseeing an antitrust jury trial over claims that Intuitive Surgical was a monopolist that abused its power by blocking hospitals from using a service to extend the life of a component related to its surgical-robot arms said Thursday she was "stunned" when plaintiff Surgical Instrument Service showed a video that violated a pretrial order.

  • January 09, 2025

    Vape Laptop Hacking Suit Belongs In Court, Co. Says

    A vape-maker has urged a California federal court to deny a bid by the founder of vape distributor Next Level to arbitrate the manufacturer's claims that he broke into a laptop to access its confidential information, saying he's not a signatory to an underlying arbitration agreement.

  • January 09, 2025

    Amgen Says Enbrel Protected By Legit Patents, Rulings

    Amgen has asked a Virginia federal judge to permanently toss the latest version of a proposed class action accusing it of illegally entrenching and expanding patent rights to stave off cheaper competition for Enbrel, arguing the blockbuster arthritis treatment is protected by legitimate patents and court rulings of validity.

  • January 09, 2025

    Cancer Org Fails To Get Rival's TM Counterclaims Tossed

    A Georgia federal judge said Thursday that the Glioblastoma Foundation Inc. can't yet escape a series of counterclaims filed against it by a rival nonprofit amid a trademark spat, ruling that its defenses in a dismissal bid largely relied on factual issues about whether the rival fraudulently obtained the marks at issue.

  • January 09, 2025

    Kroger Drops FTC Constitutionality Fight After Nixed Merger

    Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.

  • January 09, 2025

    NCAA Insists Player Seeking One More Season Is Out Of Time

    A former junior-college basketball player seeking to play one more season is not entitled to do so because he has played the maximum number of seasons allowed, the NCAA told a Mississippi federal court in defense of the eligibility policy the player seeks to upend.

  • January 09, 2025

    DOJ Wants Time At 9th Circ. In Zillow, NAR Antitrust Case

    The U.S. Department of Justice has asked the Ninth Circuit for permission to appear at oral arguments in an appeal looking to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors.

  • January 09, 2025

    Grocers Say Nothing Left To Fight In Colo. Merger Challenge

    Kroger and Albertsons told a Denver District Court that the state's challenge to its merger should be dismissed now that the deal is dead, arguing in a motion that the state always knew that decisions in other lawsuits could render its claim moot.

  • January 09, 2025

    Asphalt Exec Latest To Plead Guilty In Bid-Rigging Scheme

    A metro Detroit asphalt executive pled guilty Wednesday for his role in a conspiracy to rig bids for paving jobs in Michigan, the latest plea in the government's sprawling investigation into multiple companies and their leaders for a scheme that resulted in millions of dollars' worth of rigged contracts.

  • January 09, 2025

    DirecTV, Dish Say Sports Streamer Harmful Despite Fubo Deal

    DirecTV and Dish are hoping to pump the brakes on any immediate plans to unwind a New York federal court's injunction stopping the ESPN, Fox and Warner Bros. Discovery joint sports venture from hitting the market after Disney announced its majority acquisition of the deal's biggest challenger, Fubo, this week.

  • January 09, 2025

    US Steel And Nippon's Lawsuit Seen As 'Hail Mary' Attempt

    President Joe Biden may not have put forth an airtight national security argument for blocking Nippon Steel's planned acquisition of U.S. Steel, but the companies' subsequent lawsuit is still highly unlikely to earn them another chance at making the deal happen, according to legal experts. 

  • January 09, 2025

    High Court Ruling Looms Over FERC Gas Enforcement Deal

    A TotalEnergies unit will pay $5 million to end a decadelong Federal Energy Regulatory Commission gas market manipulation probe, an enforcement case that was weakened by the U.S. Supreme Court's June ruling that limits the authority of in-house agency judges.

Expert Analysis

  • How Lucia, Jarkesy Could Affect Grocery Merger Challenge

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    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.

  • What PCOAB's Broadened Liability Rule Means For Auditors

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    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.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    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.

  • And Now A Word From The Panel: The MDL Map

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    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.

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

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    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.

  • Presidents And Precedents May Direct Khan's Future Course

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    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.

  • Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants

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    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.

  • What To Expect From Calif. Bill Regulating PE In Healthcare

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    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.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    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.

  • Series

    After Chevron: Courts Will Still Defer To Feds On Nat'l Security

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    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.

  • A Look At The Economic Impact Of Drug Patent Differentiation

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    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.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    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.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    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.

  • What To Know About Insurance Coverage For Antitrust Risks

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    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.

  • Exploring Practical Employer Alternatives To Noncompetes

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    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.

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