Competition

  • April 01, 2024

    Warner Bros. Directors Resign Amid DOJ Antitrust Concerns

    A pair of Warner Bros. Discovery directors have resigned from the board of directors after the U.S. Department of Justice flagged potential antitrust concerns over them sitting on both the Warner Bros. board as well as the board of Charter Communications, the agency announced Monday.

  • April 01, 2024

    RICO Claims Fail In Suit Against Developer, Judge Says

    A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.

  • April 01, 2024

    Mixed Ruling Readies Vegas Newspapers For Trial

    A Nevada federal judge has teed up the Las Vegas Review-Journal and the Las Vegas Sun for a contentious trial with a decision nixing Review-Journal antitrust counterclaims, preserving core Sun antitrust claims and holding the Review-Journal to an agreement to distribute the papers as a single product.

  • April 01, 2024

    NY Bill Threatens Public Broadband Networks, Advocates Say

    Public broadband advocates are saying new language in a New York state bill would undermine their push for locally owned and operated wireless networks by requiring that state funding only go to projects for "unserved and underserved" areas instead of making the grant money available to any locality that wants to own its own network.

  • April 01, 2024

    Split 9th Circ. Says Court Can Void Pot Co.'s TM Applications

    A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.

  • April 01, 2024

    Wireless Cos. Push Back On Neutrality For Network 'Slicing'

    The mobile services industry is fighting public advocates' efforts to make sure so-called network "slicing" is covered by net neutrality rules the Federal Communications Commission is planning to reimpose on internet providers.

  • April 01, 2024

    'Unreliable' Theory Dooms City's Acthar Antitrust Cert. Bid

    The city of Rockford has presented "unreliable" damages evidence that cannot warrant giving class treatment to its claim that pharmacy benefits manager Express Scripts engaged in a scheme to fix prices for the seizure medication Acthar, an Illinois federal judge has said.

  • April 01, 2024

    Fed. Circ. Revives Challenges To J&J Schizophrenia Drug

    A Federal Circuit panel on Monday gave generics-makers Teva Pharmaceuticals USA Inc. and Viatris Inc. a new chance to prove that a patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid, saying a lower court used an "erroneously rigid" analysis when rejecting their challenge.

  • April 01, 2024

    Pool Co. Seeks $4.36M In Atty Fees After False Ad Verdict

    Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a North Carolina false advertising and unfair business practices suit involving rival pool supply companies.

  • April 01, 2024

    Ford Can Keep Pursuing Narrowed BCBS Antitrust Suit

    A Michigan federal judge has trimmed some of Ford Motor Co.'s time-barred claims alleging Blue Cross Blue Shield engaged in an anti-competitive scheme to drive up prices, but said the auto giant established it had standing to pursue allegations it was injured by market-restricting agreements among insurance licensees.

  • April 01, 2024

    Digital Trade Groups Keep Pressing Biden To Oppose Barriers

    U.S. technology industry groups are maintaining pressure on the Office of the U.S. Trade Representative to stand up to foreign policies that limit or jeopardize access to export markets, especially in the burgeoning digital trade space.

  • April 01, 2024

    One Set Of Amazon Buyers Can't Cancel Later Antitrust Case

    Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.

  • April 01, 2024

    DOJ Antitrust Enforcement Vets Jump To Skadden, Foley

    Two veterans of the U.S. Department of Justice's Antitrust Division have headed to private practice in Washington, D.C., with one joining Skadden Arps Slate Meagher & Flom LLP and another leaving the government for Foley & Lardner LLP, the firms said Monday.

  • April 01, 2024

    Global Tensions Stall Cross-Border Deals As Gov'ts Regroup

    Global cross-border mergers and acquisitions activity has fallen steadily from its 2021 peak, in part due to geopolitical issues that attorneys say are causing governments across the globe to bolster foreign investment policies and could lead investors to shift their geographic focus.  

  • March 29, 2024

    DC Circ. Rejects Meta's Bid To Delay FTC Privacy Tweaks

    A D.C. Circuit panel on Friday refused Meta Platforms Inc.'s bid to delay the Federal Trade Commission from pursuing changes to a $5 billion privacy settlement, saying the social media giant failed to show why it's entitled to an emergency injunction while it's challenging the FTC's structure.

  • March 29, 2024

    Silicon Valley Co. Planning New City Can Sue Landowners

    A California federal judge has refused to throw out a suit claiming that landowners conspired to drive up the cost of land in Solano County near Sacramento as a mysterious entity backed by Silicon Valley bigwigs attempted to buy up land to build a brand new, sustainable city.

  • March 29, 2024

    Home Depot Asks High Court To Block $2.67B BCBS Deal

    Home Depot has asked the U.S. Supreme Court to take up its challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, saying the deal immunizes activity that hurts competition.

  • March 29, 2024

    Dem Cites 'Secret' Report Against Ticketmaster 'Rebates'

    A major congressional critic of Live Nation Entertainment Inc. and Ticketmaster highlighted an expert report from a long-running lawsuit as further proof of the ticketing juggernauts' "rampant, corrupt and abusive practices," although assertions that the report was secret and only newly unearthed may be overblown.

  • March 29, 2024

    'Antiquated' Doctrine Can't Cut Burford Unit From Turkey Suit

    An Illinois federal judge has refused to block a Burford Capital investment unit from pursuing price-fixing allegations in a consolidated case against major turkey producers, saying federal law largely no longer recognizes the "antiquated" doctrine the producers cited to invalidate the claim.

  • March 29, 2024

    Lowe's Lies 'Destroyed' Vendor's Business, NC Suit Says

    A home accents company alleged that Lowe's sought to "destroy" it with "bogus" complaints about product quality and the business' financial health, costing it tens of millions of dollars while usurping its business model.

  • March 29, 2024

    Gambling Co. To Face Most Card Shuffle Tech Antitrust Claims

    An Illinois federal judge largely refused to let Scientific Games Corp. duck monopolization claims over its automatic card shufflers dominance, finding that with the exception of two out of six asserted patents, a would-be rival has adequately alleged the company tricked the U.S. Patent and Trademark Office into granting those patents.

  • March 29, 2024

    US Trade Report Excludes Barriers With 'Legitimate' Purposes

    The Office of the U.S. Trade Representative left out foreign trade barriers that the Biden administration believes serve "legitimate public purposes" from this year's National Trade Estimate report Friday, rejecting pressure from domestic industry associations.

  • March 29, 2024

    Klehr Harrison Exits Athlete-Poaching Claims, Citing Conflict

    Klehr Harrison Harvey Branzburg LLP has ended its representation of sports memorabilia brokers ensnared in two sports agencies' battle in Pennsylvania federal court over a contract with former Detroit Lions wide receiver Kenny Golladay, citing concerns about an unspecified conflict of interest.

  • March 29, 2024

    Ferrosilicon Cos. Accuse Russia, 3 Others Of Unfair Trade

    Two American ferrosilicon producers called for anti-dumping and countervailing duties on rival products from Russia and three other countries, which they said were underselling domestic ferrosilicon by unfair margins in the U.S. market.

  • March 29, 2024

    Lawmakers Call For Robinson-Patman Act Revival

    A group of lawmakers is urging the Federal Trade Commission to reinvigorate enforcement of the Robinson-Patman Act, a Roosevelt-era wholesale pricing statute that fell out of use in the 1970s, to help small businesses and stem the power of dominant grocery chains.

Expert Analysis

  • Changes To Note In New AAA Mass Arbitration Rules

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    The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Antitrust Practitioners Should Address AI's Collusive Potential

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    As the sophistication of AI rapidly advances, there are also concerns that it could give rise to entirely new forms of conduct, raising serious questions as to whether and how existing antitrust principles should be applied, and a need for common understanding of the technology's implications and market impacts, says David Bamberger at DLA Piper.

  • A Potential Proactive Tool For Public-Private Joint Ventures

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    In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.

  • 5 AI Risks For Corporate Boards To Examine

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    Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.

  • 10 Global Antitrust Trends To Anticipate In 2024

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    Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.

  • Global Cartel Enforcement Looks Set To Intensify In 2024

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    The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

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