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Competition
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December 19, 2024
Teradata Antitrust, IP Suit Revived Against German Co.
A Ninth Circuit panel on Thursday revived data analytics company Teradata Corp.'s antitrust and trade secret suit against German software company SAP, saying a lower court rejected the case despite there being factual disputes over key issues concerning market effects and confidential information.
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December 19, 2024
DOJ Wants Time In Fubo-ESPN Streaming JV Arguments
The U.S. Department of Justice has got something to say to the Second Circuit about an attempt from ESPN and Warner Bros. Discovery to overturn a preliminary injunction stopping them from going forward with a joint sports streaming venture that a rival says will run it out of business.
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December 19, 2024
Fed, OCC 'Asleep At Wheel' On Merger Policy, Warren Says
Sen. Elizabeth Warren on Wednesday accused top federal bank regulators of blowing off calls for tougher merger scrutiny and leaving the financial system exposed to dangerous megadeals, blasting them as "asleep at the wheel" as the Capital One-Discover merger inched closer to approval.
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December 19, 2024
Generic-Drug Cos. Get State AGs' Trial Order Flipped
A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.
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December 19, 2024
CMA Issues Guidance For New Digital Competition Rules
Britain's Competition and Markets Authority released guidance Thursday laying out how the agency intends to use its new powers to impose rules and obligations on large technology companies, ahead of the regime's launch next year.
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December 19, 2024
EU Opens In-Depth Probe Of Liberty's $3.6B MotoGP Deal
European antitrust regulators are investigating Liberty Media's proposed acquisition of Dorna Sports, citing concerns that the €3.5 billion deal could harm competition in motorsports broadcasting and drive up licensing costs.
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December 19, 2024
Vanderbilt QB Gets Extra Year Of NCAA Eligibility, Judge Rules
A Tennessee federal judge has granted Vanderbilt University star quarterback Diego Pavia a preliminary injunction that allows him to play football next season despite NCAA rules that say his eligibility has expired.
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December 19, 2024
Casinos Say DOJ Has No 'Starting Point' For Room Rates
Las Vegas casino hotels urged the Ninth Circuit on Wednesday not to revive the first algorithmic price-fixing case to reach an appeals court, in a brief that took direct aim at the Justice Department's amicus intervention in the room rate lawsuit.
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December 19, 2024
Tencent Removes 2 Epic Directors Following DOJ Scrutiny
Two Epic Games directors appointed by Tencent Holdings are stepping down from Epic's board after the U.S. Department of Justice said their positions could constitute antitrust law violations, the agency has announced.
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December 19, 2024
Retailers Lose Bid For Higher Damages Bill In Swipe Fees Trial
Retailers taking legal action against Mastercard Inc. and Visa lost their bid on Thursday to increase their damages bill from alleged unlawful overcharging by the card companies.
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December 19, 2024
BT Defeats £1.3B Class Action In Setback For Consumers
Telecoms operator BT defeated on Thursday a £1.3 billion ($1.6 billion) class action brought on behalf of three million landline customers in the first substantive ruling deciding a U.K. collective proceedings order claim.
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December 18, 2024
RTX Will Pay $34M To End Engineers' No-Poach Class Action
A group of engineers asked a Connecticut federal judge Wednesday to greenlight a $34 million settlement resolving claims that RTX Corp.'s Pratt & Whitney division orchestrated an agreement among five aerospace engineering firms not to hire one another's employees, following the workers' $26.5 million settlement with the five other firms.
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December 18, 2024
BiT Global Loses Bid To Block Coinbase Delisting In $1B Suit
A California federal judge on Wednesday refused BiT Global's request for a temporary restraining order to block Coinbase from delisting a "wrapped" bitcoin product created by BiT Global for trading on decentralized exchanges, saying the digital asset company's evidence of "irreparable harm" in its $1 billion litigation was "mostly speculative."
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December 18, 2024
Schools Fighting Price-Fixing Suit Face $685M Damages Claim
Students looking to hold a group of elite universities and colleges liable for an allegedly anticompetitive financial aid fixing scheme say they should be allowed to proceed as a class because they'll use common evidence to prove they suffered about $685 million in damages.
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December 18, 2024
Pilgrim's Pride Gets Chicken Exit OK Under Contested Deal
Pilgrim's Pride is able to formally duck Sysco chicken price-fixing claims picked up by a Burford Capital LLC unit after an Illinois federal judge once again ruled that the companies are bound by a settlement between Pilgrim's Pride and Sysco that the litigation funding giant contested as too small.
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December 18, 2024
Funding Bill Takes In Broadband, Ticketing, Privacy
A congressional spending package that would fund the federal government through March is set to include a slew of bipartisan proposals aimed at digital security, online pricing transparency and rural broadband access.
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December 18, 2024
State AGs, Generic Cos. Fight Over Price-Fixing Trial Order
A contingent of state-level enforcers told a Connecticut federal court there is no need to reconsider prioritizing a sprawling generic drug price-fixing case that involves more than 100 medications over a narrower case the drugmakers are asking to have tried first.
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December 18, 2024
DOJ Wants Misconduct Allegations Hushed In Used Car Case
The U.S. Department of Justice wants to bar defendants accused of violently controlling the cross-border transport of American used cars into Central America from raising accusations of misconduct by nonwitness law enforcement officers to the jury without prior approval from the Texas federal judge overseeing the case.
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December 18, 2024
Judge Wants To Know If Colo. Kroger Merger Fight Is Moot
A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday.
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December 18, 2024
Michael Jordan's NASCAR Team Clinches Win In Antitrust Suit
NASCAR can't enforce an antitrust release in its racing contracts for the 2025 season, a North Carolina federal judge ruled Wednesday, finding two teams suing the organization have shown they are likely to succeed on at least part of their claim accusing it of monopolizing the sport.
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December 18, 2024
FCC Asked To Place Conditions On Skydance-Paramount Deal
Paramount Global's $2.4 billion plan to merge with Skydance Media has gained another critic, a right-leaning nonprofit law firm that wants the Federal Communications Commission to refuse to approve the tie-up without placing conditions on Paramount's CBS.
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December 18, 2024
Judge Eyes Limits To Medical Device Co.'s Poaching Verdict
A Boston federal judge on Wednesday considered interpreting twin $5 million jury awards against medical device sales employees as a subset of the $15 million in damages awarded against their employer in a rival company's poaching case.
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December 18, 2024
1st-Ever Arb. Antitrust Casino Class Certified In Shuffler Suit
Scientific Games' successor Light & Wonder Inc. must battle arbitration from customers accusing the gambling company of monopolizing the automatic card shuffler market using fraudulently obtained patents, after an arbitrator said there's no need to individually assess the arbitration provisions of all roughly 112 class members.
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December 18, 2024
FTC Wants Express Scripts' Defamation Suit Tossed
The Federal Trade Commission told a Missouri federal court that Express Scripts Inc. has no basis to challenge an interim agency report that only offered "qualified conclusions" from an ongoing study about how pharmacy benefit managers affect prescription drug prices.
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December 18, 2024
EU Court Rejects Latest Challenge To Portugal's Tax Clawback
A European court rejected a Brazilian-based company's challenge Wednesday to a European Commission ruling that Portugal must claw back tax breaks provided to companies with no local economic activity because that ran counter to commission-approved policies.
Expert Analysis
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Takeaways From EU's Initial Findings On Apple's App Store
A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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A Look At State AGs Supermarket Antitrust Enforcement Push
The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.
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The Show Must Go On: Noncompete Uncertainty In Film, TV
The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
Cell Tech Patent Holdup Is Stalling Automaker Innovation
Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.
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Mitigating Risks Amid 10-Year Sanctions Enforcement Window
In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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FBI Raid Signals Growing Criminal Enforcement Of Algorithms
The U.S. Department of Justice Antitrust Division's increased willingness to pursue the use of algorithmic pricing as a potential criminal violation means that companies need to understand the software solutions they employ and stay abreast of antitrust best practices when contracting with providers, say attorneys at Rule Garza.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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What UK Digital Markets Act Will Mean For Competition Law
The new Digital Markets Act’s reforms will strengthen the Competition and Markets Authority's investigatory and enforcement powers across its full remit of merger control and antitrust investigations, representing a seismic shift in the U.K. competition and consumer law landscape, say lawyers at Travers Smith.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.