Competition

  • July 08, 2024

    Justices Told To Ignore 'Hopeless' Challenge To Antitrust Test

    A group of wholesalers who say the makers of 5-Hour Energy illegally favored Costco in distributing the energy drink shots told the U.S. Supreme Court on Monday to reject the drink-maker's certiorari petition, saying it asks the justices to take on the role of fact-finders.

  • July 08, 2024

    Kirkland, Fenwick Steer Lilly's $3.2B Morphic Acquisition

    Eli Lilly and Co. unveiled Monday a $3.2 billion all-cash deal to acquire biopharmaceutical company Morphic Holding Inc., which is developing oral therapies to treat Crohn's disease and other bowel chronic diseases, in a 10-figure transaction guided by Kirkland & Ellis LLP and Fenwick & West LLP.

  • July 08, 2024

    Kirkland-Led Devon To Buy Grayson's Williston Biz For $5B

    Devon Energy announced Monday that the Oklahoma-based public company has cut a $5 billion cash-and-stock deal to acquire private equity-backed Grayson Mill Energy's Williston Basin oil and gas business in a transaction guided by Kirkland & Ellis LLP and Vinson & Elkins LLP.

  • July 08, 2024

    Feds Aim To Expand Military Site List For Land Deal Reviews

    The U.S. Department of the Treasury on Monday proposed putting 59 more military sites on its radar when it reviews real estate deals for national security issues, a move that comes on the heels of the White House's crackdown on a Chinese-owned cryptocurrency mine near a Wyoming air base.

  • July 08, 2024

    UK Clears Thermo Fisher's $3.1B Olink Buy

    Britain's competition enforcer indicated Monday that it will not challenge Thermo Fisher Scientific Inc.'s planned $3.1 billion bid for Swedish biotech firm Olink Holding AB after the agency launched an initial investigation of the deal earlier this year.

  • July 08, 2024

    Delivery Hero Says It Could Face €400M Antitrust Fine

    International food ordering service Delivery Hero disclosed that it could be fined more than €400 million ($433.3 million) by European enforcers over alleged agreements with other online food delivery companies to split markets, share information and not hire workers from one another.

  • July 08, 2024

    Landowners Defend Wyo. Antitrust Claims Against Anadarko

    Wyoming landowners accusing an Occidental Petroleum Corp. unit of antitrust behavior are urging a federal judge to reject its bid for a win on their state law claims as the case heads toward a trial.

  • July 05, 2024

    Miss. Casino Aims To Void Cherokee Ark. Gaming License

    A Mississippi casino is asking a judge to void an Arkansas gaming license issued to Cherokee Nation Entertainment, arguing a county judge and other legislative officials were coerced into offering support for its casino proposal through an economic development agreement that forced them to back only one applicant.

  • July 05, 2024

    Antitrust Partner In Fatal Crash Remembered As A Mentor

    Present and past colleagues this week remembered Molly Donovan, a partner at antitrust boutique Bona Law PC who died in a tragic accident earlier this month, as a powerhouse with an intricate understanding of antitrust matters who always maintained a positive outlook no matter what the status of a case.

  • July 05, 2024

    NFL Moves To Undo 'Runaway' $4.7B Sunday Ticket Verdict

    The NFL urged a California judge Wednesday to cancel a jury's blockbuster $4.7 billion verdict that found it violated antitrust laws with its DirecTV Sunday Ticket package, saying the "irrational" award didn't match any of the damages models jurors were presented and confirms that the plaintiffs failed to prove their case. 

  • July 05, 2024

    FTC Gears Up For Busy 2024 Merger Summer & Fall

    U.S. antitrust enforcers at the Justice Department and the Federal Trade Commission are gearing up for busy months ahead against multibillion-dollar mergers in the grocery and luxury handbags spaces, while also adjusting to a hospital loss turnaround and bracing for an important airlines deal appellate ruling.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Truckmakers Can Use Pass-On Defense In Price-Fixing Case

    European truck manufacturers can argue that local U.K. authorities suing them over a price-fixing cartel passed the inflated costs allegedly paid for vehicles on to residents through tax and service charges, a tribunal ruled Thursday.

  • July 05, 2024

    Mayer Brown Study Shows Firms Are Playing AI Catch-Up

    A recent Mayer Brown LLP report shows that leaders at financial and investment firms see mergers and acquisitions as a key method to expand their artificial intelligence platforms, but they also think their firms aren't getting up to speed fast enough.

  • July 05, 2024

    2024 Global M&A, Mega-Deal Values Outpacing 2023

    Dealmakers and the attorneys who represent them came into 2024 with a sense of cautious optimism about the mergers and acquisitions market.

  • July 05, 2024

    DOJ Asks High Court To Review Nixed Bid-Rigging Conviction

    The U.S. Department of Justice has asked the U.S. Supreme Court to review the overturning of a former Contech executive's bid-rigging conviction, saying the appeals court was wrong to focus on a supplier relationship between companies that also compete for contracts.

  • July 05, 2024

    NC Practice Says Doctor Is Trying To 'Destroy' It In Fraud Suit

    A physician concealed his overprescribing of drugs and fraudulent billing to induce the sale of his practice to another doctor only to "destroy" the clinic by turning patients against the new owner, according to a lawsuit filed in the North Carolina Business Court

  • July 05, 2024

    Fragrance Buyers Say EU Fine Supports Price-Fixing Claims

    Buyers accusing fragrance giants of conspiring to reduce competition told a New Jersey federal court this week their allegations were bolstered by the European Commission's discovery of a senior employee's deleted WhatsApp messages during an investigation of potential anticompetitive activity in the industry.

  • July 05, 2024

    Tennis Player Seeks Class Cert. In NCAA Prize-Money Fight

    College athletes suing to erase NCAA rules that prohibit them from earning prize money from outside competitions have asked a North Carolina federal judge for class certification, with tennis player Reese Brantmeier leading the charge and emphasizing the harms imposed by the rules.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

Expert Analysis

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • A Look At M&A Conditions After FTC's Exxon-Pioneer Nod

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    The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.

  • Attys Beware 2 Commonly Overlooked NIL Contract Issues

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    As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.

  • FTC Theories Of Harm After Anesthesia Co. Ruling

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    As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • Opinion

    DOJ Messaging App Warnings Undermine Trust In Counsel

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    The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • FTC Noncompete Rule Risks A Wave Of State AG Actions

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    The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • A Comparison Of FDIC, OCC Proposed Merger Approaches

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    Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.

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