Competition

  • November 21, 2024

    NASCAR Rule Change Results In Dropped Injunction Appeal

    A pair of NASCAR teams, one of which is owned by Michael Jordan, that sued the stock car racing company over allegedly anticompetitive practices have dropped their expedited appeal of a denied injunction after NASCAR removed a controversial antitrust release clause from its contracts.

  • November 21, 2024

    PE Posting Near-Record Megadeal Numbers, Report Shows

    Private equity dealmaking has built significant momentum this year, notching respectable deal volume and posting a record number of megadeals over $5 billion, according to a new report from S&P Global Market Intelligence.

  • November 21, 2024

    White & Case Guides Mediaocean On $525M Innovid Buy

    Private equity-backed advertising company Mediaocean said Thursday it has agreed to buy software platform Innovid for roughly $525 million, with White & Case LLP and Latham & Watkins LLP steering the deal as legal counsel. 

  • November 21, 2024

    Gaetz Ends AG Bid, Citing 'Distraction' To Trump Transition

    Former U.S. Rep. Matt Gaetz withdrew his name from consideration Thursday as President-elect Donald Trump's nominee for attorney general amid allegations of sexual misconduct and drug use.

  • November 21, 2024

    CMA Escalates Inquiry Into Poultry Feed Suppliers Merger

    Britain's antitrust authority referred the proposed acquisition by Boparan, a British restaurant group, of two pig feed mills for a deeper, second phase of investigation on Thursday after an earlier probe found that the deal could harm competition in parts of the country.

  • November 21, 2024

    Biden's FCC Chair Stepping Down From Agency Jan. 20

    The Democratic head of the Federal Communications Commission said Thursday she will be leaving the agency on Jan. 20.

  • November 21, 2024

    DOJ Urges Chrome, Android Sales In Google Case

    The U.S. Department of Justice late Wednesday formally asked a Washington, D.C., federal judge to order a range of steps to end Google's monopolization of general search services and the text ads shown alongside search results, most notably by forcing the company to spin off the Chrome browser.

  • November 20, 2024

    Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

    Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

  • November 20, 2024

    Wash. Judge Questions Startup's Amazon Antitrust Claims

    A Washington federal judge on Wednesday suggested that antitrust claims might not survive in a startup's complaint against Amazon Web Services involving a dispute over higher-speed internet connections in the Middle East that allowed the startup to cater to its customer Epic Games.

  • November 20, 2024

    Ohio Mortgage Co. Gets Rival To Change Name In TM Fight

    A Michigan mortgage company has agreed to change its name to end a trademark infringement lawsuit brought by a rival business in Ohio that claimed it was fielding complaints from confused customers over allegedly questionable telemarketing practices.

  • November 20, 2024

    Attys Slam Deceptive NIL Settlement Services In NCAA Case

    Class counsel in the massive NCAA name, image and likeness lawsuit have asked a California federal court to intervene with third-party servicing companies that are using misleading information while offering claims-filing services to class members in order to profit from the proposed $2.78 billion settlement.

  • November 20, 2024

    Apple Says DOJ Case Has Too Much Speculation To Survive

    Apple's attorneys pressed a New Jersey federal judge Wednesday to toss the U.S. Department of Justice's monopolization lawsuit, asserting in oral arguments that the government is simply trying to force them to work with rivals when attacking controls imposed on iPhone app developers.

  • November 20, 2024

    FERC Says There's No Need To Ref Mich. Grid Upgrade Fight

    The Federal Energy Regulatory Commission defended its decision that Michigan Electric Transmission Co. failed to establish that shared ownership of new grid updates needed to serve a Michigan solar farm was necessarily precluded, telling the D.C. Circuit the electric utility hasn't shown how it's harmed.

  • November 20, 2024

    Pfizer, Flynn Still Face Fines Over Epilepsy Drug Sale To NHS

    Britain's competition tribunal issued a ruling Wednesday imposing £69 million ($87.2 million) in fines on Pfizer Ltd. and Flynn Pharma Ltd. for claims they overcharged for an epilepsy drug, after setting aside a decision from enforcers and finding its own violations.

  • November 20, 2024

    Cross-Border Sales Were Unlawful Monopoly, Feds Say

    Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.

  • November 20, 2024

    PBMs Sue To Block FTC's In-House Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have lodged a constitutional challenge of the Federal Trade Commission's in-house case accusing the pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes.

  • November 20, 2024

    UK Drops Probe Into Google's Investment In AI Startup

    The partnership between Google's parent Alphabet Inc. and the U.S. artificial intelligence startup Anthropic PBC does not qualify for investigation under the merger rules, Britain's antitrust authority said Wednesday at the end of the first phase of its investigation.

  • November 20, 2024

    Pa. Jury Finds Clothing Co. Infringed Penn State Trademarks

    Online retailer Vintage Brand infringed Pennsylvania State University's trademarks by selling unlicensed merchandise with "historic" images associated with the university, a Keystone State federal jury has found.

  • November 19, 2024

    HP Joins Patent Pool After Resolving Suit Over 'Unfair' Terms

    HP has agreed to join a patent pool for coding technology developed by companies like Dolby Laboratories, Mitsubishi and Philips, months after alleging that the group was engaging in "a money grab" to coerce it to accept "unfair and discriminatory licensing terms."

  • November 19, 2024

    Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row

    A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.

  • November 19, 2024

    9th Circ. Grapples With $56M Verdict In TM Beer Battle

    A Ninth Circuit panel on Tuesday weighed whether to uphold a $56 million trial victory for Stone Brewing over allegations that MillerCoors infringed the "Stone" mark with its Keystone beer, with judges digging into questions about whether Stone Brewing filed the suit late.

  • November 19, 2024

    Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus

    President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.

  • November 19, 2024

    Alaska Airlines Fights Emergency 9th Circ. Bid To Halt Merger

    Alaska Airlines has urged the Ninth Circuit not to grant an emergency motion blocking its $1.9 billion acquisition of Hawaiian Airlines, saying the request was filed by flyers and travel agents "without an emergency" after they waited for four months to try to enjoin the airlines from merging.

  • November 19, 2024

    Neb. AG Expands Electric Trucks Fight To Volvo, Daimler

    However a federal court challenge to California's phaseout of gasoline and diesel trucks plays out, Nebraska's attorney general wants to make sure that Volvo, Daimler and other semitruck giants don't eliminate traditional fossil fuel-powered vehicles, filing a Nebraska state court antitrust suit Tuesday describing phaseout commitments as anticompetitive collusion.

  • November 19, 2024

    Court Won't Toss Consumer Antitrust Case Against Amazon

    A Washington federal court issued a sealed order Tuesday denying Amazon's bid to toss updated claims from consumers seeking billions of dollars over allegations that they pay higher prices thanks to the e-commerce giant's treatment of sellers on its platform.

Expert Analysis

  • 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.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

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