Competition

  • May 13, 2021

    Italy Fines Google €100M Over Blocked EV Charging App

    Italy's competition enforcer fined Google €100 million ($120.9 million) on Thursday for allegedly abusing its dominance by blocking a company from launching an app to help drivers find and book slots at electric vehicle charging stations while on the move.

  • May 13, 2021

    Facebook Loses Appeal Over CMA's Giphy Merger Probe

    An appeals court has tossed Facebook's challenge to restrictions imposed by U.K. antitrust enforcers as they investigate its purchase of Giphy Inc., saying on Thursday that the continuing restraints are a problem of the tech giant's own making.

  • May 12, 2021

    Epic Antitrust Judge Doubts Apple Expert's Amex Comparison

    A California federal judge presiding over Epic's high-stakes antitrust trial appeared skeptical Wednesday of a professor's testimony that Apple's anti-steering provisions are akin to restrictions upheld by the high court in Ohio v. American Express, noting that brick-and-mortar stores advertise various payment methods, while the virtual App Store does not.

  • May 12, 2021

    EU Will Review Facebook's Kustomer Deal After Requests

    European enforcers said Wednesday they will review Facebook's planned purchase of customer relationship management service provider Kustomer after receiving requests from nearly a dozen national authorities to probe the deal.

  • May 12, 2021

    Antitrust Violation Not Enough To Revoke Realtor's License

    A Florida appeals court on Wednesday reversed the revocation of a realtor's real estate license, finding that the Department of Business and Professional Regulation did not have the authority to discipline him based solely on his conviction for antitrust violations.

  • May 12, 2021

    Dyal Tells Del. Justices Sixth Street Seeks A 'Lowball Buyback'

    An attorney for Dyal Capital Partners told Delaware's Supreme Court Wednesday that Sixth Street Partners was maneuvering for a "lowball buyback" when it launched a failed fast-track Chancery Court bid to block a $12.5 billion Dyal-Owl Rock Capital Corp. merger earlier this year.

  • May 12, 2021

    Amazon Did Not Receive Illegal State Aid, EU Court Says

    Amazon is off the hook for a £250 million ($301 million) tax bill after Europe's second highest court declared Wednesday that the online retailer's tax deal with Luxembourg didn't constitute an illegal loophole.

  • May 12, 2021

    Flyers Elevate Merger Case From Bankruptcy To District Court

    Customers in a long-running challenge to the merger of American Airlines and US Airways have asked a New York district court to revive their case after losing a rare bench trial in bankruptcy court on their antitrust claims, contending the bankruptcy judge ignored key precedent.

  • May 12, 2021

    House Committee Approves Tax Haven Disclosure Bill

    The House Financial Services Committee approved legislation Wednesday that would require multinationals to publicly disclose country-by-country financial reporting, which its proponents say would document corporate abuse of tax havens.

  • May 12, 2021

    Ticketmaster Users' Monopoly Suit Set For Arbitration

    A California federal judge has tentatively ruled that concertgoers must arbitrate claims that Live Nation Entertainment Inc. and its subsidiary, Ticketmaster LLC, are monopolizing ticket sales.

  • May 12, 2021

    Big Tech Critic Lina Khan Clears Senate Panel For FTC Seat

    A U.S. Senate panel on Wednesday approved the nomination of progressive academic and Big Tech adversary Lina Khan to the Federal Trade Commission, bringing the agency one step closer to a Democratic majority.

  • May 12, 2021

    Bumble Bee Drops From Tuna MDL, But Attys Can't Buzz Off

    A massive price-fixing litigation against bankrupt tuna giant Bumble Bee has been stayed in California federal court, but the presiding judge said its lawyers can't quit the case because doing so subjects the company to default.

  • May 12, 2021

    DC Judge Sanctions Paul Weiss, Alex Oh In Exxon Case

    A D.C. federal judge opted Wednesday to admonish Paul Weiss Rifkind Wharton & Garrison LLP and former firm partner Alex Oh in connection with the Exxon human rights case that appears to have led Oh to resign prematurely from her new post as enforcement head of the U.S. Securities and Exchange Commission.

  • May 12, 2021

    Aon Floats $3.5B Disposal After Probe Into Willis Merger

    Aon PLC cleared the path for regulatory approval in Europe of its $30 billion merger with Willis Towers Watson on Wednesday, proposing the sale of a key business unit to insurance rival Arthur J. Gallagher & Co. for $3.57 billion.

  • May 12, 2021

    Retailers Seek Quick Win In MasterCard, Visa Swipe Fees Suit

    Hundreds of retailers asked a tribunal on Wednesday to rule that Visa and Mastercard overcharged them to process card purchases, arguing that it is bound by a U.K. Supreme Court ruling against the credit card companies over their merchant fees.

  • May 11, 2021

    Apple Wanted App Users 'Hooked,' Exec's 2013 Email Reveals

    A top Apple executive told company CEO Tim Cook in 2013 that getting customers to use Apple virtual stores like iTunes is "one of the best things we can do to get people hooked to the ecosystem," according to an email revealed Tuesday during Epic Games Inc.'s high-stakes antitrust bench trial.

  • May 11, 2021

    Apple Blasts Updated Virus App Monopoly Suit

    Apple urged a New Hampshire federal court to dismiss a retooled complaint from the developer of a coronavirus-tracking app accusing the technology giant of violating antitrust law by keeping the app from its store, saying it did not seek the court's permission for five new plaintiffs to file anonymously.

  • May 11, 2021

    8th Circ. Revives Sleep Number Mattress TM Suit

    The Eighth Circuit on Tuesday revived Sleep Number's trademark lawsuit against a competing mattress brand that used similar names, ruling that the disputed doctrine of "initial interest confusion" might apply to the case.

  • May 11, 2021

    Judge Calls Facebook's Bid To Toss Enforcer Cases 'Serious'

    The D.C. district court judge overseeing antitrust suits against Facebook from state and federal enforcers said Tuesday that it's too early to discuss discovery, especially since the social media giant raised "serious challenges" to the cases with its dismissal bids.

  • May 11, 2021

    Cannabis Co. Says It Was Elbowed Out Of Extractor Deal

    Cannabis tech company SHO Products LLC is seeking at least $1 million in damages in California federal court from an inventor that it claims violated an exclusivity agreement by leasing a commercial cannabis resin extraction unit called the Hashatron without including SHO in the deal.

  • May 11, 2021

    Dem Commissioner Blasts 'Pro-Merger' Pharma Stance At FTC

    A Democratic member of the Federal Trade Commission skewered what he considers the agency's lax view toward confronting Big Pharma mergers to prevent possible antitrust violations, calling Tuesday for an aggressive new enforcement approach to the industry.

  • May 11, 2021

    6 Firms Advise On Paper Excellence's $2.8B Domtar Deal

    Canadian paper manufacturer Paper Excellence plans to buy South Carolina-based Domtar Corp. for nearly $2.8 billion, the companies said Tuesday, in a deal guided by six law firms.

  • May 11, 2021

    Fiat State Aid Ruling Missed The Mark, Attys Tell EU Court

    Lawyers for Ireland, Luxembourg and Fiat laid into the European Union's General Court for its September 2019 ruling against Luxembourg and the carmaker, saying the court used the wrong legal basis to find Fiat received illegal state aid.

  • May 11, 2021

    Transmission Cos. Back FERC's Grid Connection Cost Rules

    The Midwest's grid operator and transmission companies in its footprint are defending the Federal Energy Regulatory Commission's rules for how grid upgrades are funded, telling the D.C. Circuit that the agency wasn't required to reevaluate after a previous order was vacated.

  • May 11, 2021

    AbbVie Slapped With Suit From Would-Be Humira Rival

    The maker of a potential rival to AbbVie Inc.'s blockbuster immunosuppressant Humira sued AbbVie in Virginia federal court on Tuesday, saying it wants to dismantle a long-running monopoly over a treatment protected for years by AbbVie's "minefield" of "highly-dubious patents."

Expert Analysis

  • What UK's New Merger Controls Mean For Private Equity

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    Expansive notification and approval requirements under the U.K.’s new merger control regime — the National Security and Investment Act — along with a lack of clarity about when they go into effect, pose unique challenges for private equity sponsors, as well as their investors and portfolio companies, say attorneys at Kirkland.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • High Court's AMG Ruling Could Hinder FDA Enforcement

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    The U.S. Supreme Court's decision in AMG Capital v. Federal Trade Commission, limiting the agency's ability to seek equitable monetary relief under the FTC Act, will likely also restrain the U.S. Food and Drug Administration's authority under the Federal Food, Drug, and Cosmetic Act, due to similarities between the laws, say Joshua Oyster and Jenna McCarthy at Ropes & Gray.

  • Expect Increasing Scrutiny Of Wage-Fixing, No-Poach Deals

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    Employers can expect more actions against wage-fixing or no-poach agreements as the U.S. Department of Justice's Antitrust Division cracks down on labor market collusion, so companies should consider tailoring these agreements on their scope, duration and definition of nonsolicitation, say attorneys at Duane Morris.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • How Justices' AMG Ruling Affects Privacy And Cybersecurity

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    The U.S. Supreme Court's recent ruling in AMG Capital Management v. Federal Trade Commission removes the regulator's ability to seek monetary damages that discouraged privacy and cybersecurity breaches, and as a result, companies should reassess their exposure in these areas, say attorneys at Orrick.

  • High Court Blow To FTC Restitution Could Be Temporary

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    The U.S. Supreme Court's recent decision to roll back the Federal Trade Commission's power to seek monetary relief in AMG Capital will likely be met with legislative action to restore the agency's authority, or efforts to obtain restitution in other ways, say Bruce Hoffman and Nico Banks at Cleary.

  • Hedonic Regression Shows Promise For Modeling IP Damages

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    VLSI's recent $2.18 billion patent infringement damages award against Intel in a Texas federal court relied on hedonic regression analysis for modeling patent value, which looks compelling because it allows plaintiffs' experts to value infringed patents' critical benefits, say Richard Kamprath and Abigail Clark at McKool Smith.

  • Pharma Cos. Can Expect Harsh Antitrust Scrutiny From Biden

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    For pharmaceutical company mergers and acquisitions, increased antitrust scrutiny under the Biden administration, combined with international coordination of review and enforcement, will likely translate into longer, more in-depth and more expensive merger reviews, say attorneys at Faegre Drinker.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • How Tuna Antitrust Ruling Affects Job Bias Class Actions

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    Employment discrimination class actions that rely on statistical representations could look different following the recent Olean v. Bumble Bee antitrust ruling, due to the Ninth Circuit's scrutiny of models that obscure the extent of uninjured plaintiff membership, say attorneys at Orrick.

  • Opinion

    Supreme Court Is Right In Limiting Gov't Agency Authority

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    Although the U.S. Supreme Court's recent decisions in Facebook v. Duguid and AMG Capital Management v. Federal Trade Commission limit government agencies' power against robocallers and scam artists, they ultimately protect Americans from the greater threat of government overreach, says Eric Troutman at Squire Patton.

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