Competition

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DOJ Abandons Last Remaining No-Poach Prosecution

The U.S. Department of Justice has moved to drop its last no-poach criminal case, abandoning a Texas federal court prosecution against UnitedHealth's Surgical Care Affiliates after failing to win a conviction on any no-poach charges brought since it started focusing on the issue three years ago.
November 28, 2023
Pac-12 Bylaws 'Poorly Written,' Wash. High Court Official Says

The 10 departing Pacific-12 Conference schools will retain veto power in the group while the Washington Supreme Court decides whether to hear the case, with a court commissioner ruling Tuesday that conference bylaws on leaving are "poorly written and possibly ambiguous."
November 28, 2023
UK Antitrust Agency Vet Rejoins As Merger Chief

The U.K.'s Competition and Markets Authority announced Tuesday that a former senior mergers official will be rejoining the agency to lead that division after nearly two years with strategic regulatory advisory firm Fingleton.
November 28, 2023
Sens. Question Anesthesia Co.'s 'Monopolistic' Model

Sens. Elizabeth Warren and Richard Blumenthal have asked the CEO of U.S. Anesthesia Partners to rethink its "monopolistic business model" and its use of noncompete agreements among doctors.
November 28, 2023
United To 'Aggressively' Push For Low-Cost Flyers, Exec Says

A United Airlines executive testified Tuesday in the government's challenge to JetBlue's $3.8 billion purchase of Spirit Airlines that his airline intends to "aggressively" compete for the most price-sensitive customers as it expands its fleet with bigger aircraft capable of offering more seats for its bare-bones, basic economy offering.
November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024

Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
November 28, 2023
The 2023 Law360 Pulse Leaderboard

Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
November 28, 2023
UK Says Adobe's $20B Figma Deal Could Harm Digital Design

The Competition and Markets Authority said Tuesday that Adobe's proposed $20 billion deal for design collaboration company Figma Inc. could harm innovation in software used by digital designers in the U.K.
November 27, 2023
Google's Android Monopoly Harms Users, Stanford Prof Says

A Stanford economics professor took the stand Monday in Epic Games' antitrust suit over Google's Android app store, saying it holds a monopoly on the market for smartphone operating systems and uses anticompetitive tactics to stifle rivals, meaning smartphone users and developers "have suffered as a result."
November 27, 2023
McDonald's Asks Justices To Review Workers' No-Poach Case

McDonald's asked the U.S. Supreme Court on Monday to review the Seventh Circuit's revival of a proposed class action alleging the company's since-discontinued no-poach provisions in franchisee agreements violated antitrust laws.
November 27, 2023
Chicken Cos. Urge Justices To Allow Judgment Sharing Deal

Several poultry producers have told the U.S. Supreme Court there's no need for the justices to review provisions of their judgment sharing agreement related to a lawsuit accusing the companies of fixing the price of broiler chicken, arguing the deal is legally sound and may soon become moot anyway.
November 27, 2023
Self-Driving Tech Co. Investors Sue Over Misused Image Claim

Executives and directors of self-driving car company Luminar Technologies Inc. face a shareholder derivative complaint alleging they damaged investors after a competitor accused the company of using an image of its proprietary technology in a pitch to investors.
November 27, 2023
Firm Bows Out Of Pursuing UFC Fighters For Wage Claims

Sparacino PLLC has agreed to stop contacting UFC contenders who are potential members of a proposed class in a Nevada federal lawsuit that accuses the organization of repressing wages and is already represented by a group of lawyers from several firms.
November 27, 2023
News Outlets Push To Toss Anti-Vax Antitrust Suit Now In DC

The Associated Press, The Washington Post, Reuters and BBC told a D.C. federal court that the recent transfer of a lawsuit by Robert F. Kennedy Jr.'s anti-vaccine group doesn't help its claims that the news organizations colluded with social media platforms to censor rivals.
November 27, 2023
Ex-Papa John's Manager Resubmits $5M No-Poach Settlement

A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.
November 27, 2023
EU Says Amazon's IRobot Deal Could Hurt Competition

European enforcers said Monday that a review of Amazon's planned $1.7 billion purchase of iRobot shows the deal could allow the e-commerce giant to block rival robotic vacuum cleaner makers by limiting their access to its marketplace.
November 27, 2023
Judge OKs Investor Attys' $19.2M Fee For Libor-Rigging Deals

A New York federal judge on Monday approved a $19.2 million award for attorneys representing investors in a Libor-rigging case against several financial institutions for their role in securing multiple settlements totaling over $74 million.
November 27, 2023
John Deere Can't Avoid Trial In Right-To-Repair Monopoly Suit

John Deere must face a proposed class action alleging that it limits competition for farm equipment repairs by preventing unaffiliated repair shops from acquiring necessary tools, an Illinois federal judge ruled Monday, saying the proposed class has sufficiently shown that it exercises monopoly power.
November 27, 2023
Ex-Allstate Agent Settles Allegations She Swiped Customers

A former Allstate agent has agreed not to sell competing products to her former customers as part of a deal resolving allegations she improperly used Allstate's client lists and confidential information after she stopped working with the company, according to an order filed Friday.
November 27, 2023
RealPage, Landlords Say DOJ Wrong On Price-Fixing Claims

RealPage and several landlords accused of using the company's software to fix residential rental rates across the country told a Tennessee federal court the U.S. Department of Justice is trying to improperly expand antitrust law with its statement of interest in the private case.
November 27, 2023
Net Neutrality Hearing To Focus On FCC's Web 'Takeover'

Congressional Republicans will hold a hearing this week on the Federal Communications Commission's plan to reinstate net neutrality rules, contending the proposal amounts to an overbroad assertion of the agency's powers.
November 27, 2023
Fla. Oncologist Avoids Prison In Scheme To Limit Competition

A Florida federal judge sentenced the former president and managing partner of an oncology group to three years of probation and to pay a $50,000 fine for conspiring with executives at a competing oncology group to split the southwest Florida cancer treatment market.
November 27, 2023
What's Next For Labor Enforcement After DOJ Punts Case?

The future of U.S. Department of Justice criminal prosecutions against "no-poach" deals between rival employers appears troubled after the DOJ dropped its last still-pending public case following a series of high-profile losses, in one of two cases Antitrust Division prosecutors quietly abandoned in a single week.
August 10, 2023
Investor Attys Want $19.2M For $74M Libor-Rigging Deals

Attorneys representing California State Teachers Retirement System in the Libor-rigging case against several financial institutions asked a New York federal judge for a $19.2 million award for their role in securing several settlements totaling nearly $74 million.
November 27, 2023
Nussbaum And Company Win Battle For Counsel Position

A New Jersey federal judge has appointed Nussbaum Law Group PC, Korein Tillery PC and Hausfeld LLP as co-lead interim counsel in an antitrust suit against fragrance manufacturers, rejecting a bid from other firms led by Quinn Emanuel Urquhart & Sullivan LLP for the roles.
November 27, 2023
Pharma Cos. Taking Discovery Disputes To Alabama Judge

Two pharmaceutical companies embroiled in a suit over allegedly misrepresented fluoride supplements are each asking an Alabama federal judge to step in to help resolve discovery disputes.

Editor's Picks

New Merger Guidelines 'Want To Turn Back The Clock'

The Justice Department and the Federal Trade Commission put two-plus years of Biden-era merger theories on paper Wednesday in draft guidelines they hope will help shape a fundamental transformation of U.S. antitrust enforcement, but experts say the guidance may run into the same limitations those theories already have encountered in court.
2023 Is Far From Done With Government Merger Cases

Even as they reel from major setbacks to their efforts to fundamentally beef up U.S. antitrust enforcement, the U.S. Department of Justice and the U.S. Federal Trade Commission will round out 2023 with more merger trials — many of which face similarly nettlesome hurdles that could derail the upcoming government cases, too.
DOJ's Merger Record Improves & Other Early 2023 Highlights

One outright win and one settlement so far this year provided a partial turnaround in the Biden Justice Department's track record in litigated merger challenges.

Expert Analysis

Why Criminal No-Poach Cases Can Be Deceptively Complex

Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.
Forecasting The Impact Of High Court Debit Card Rule Case

John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.
The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
What's At Stake In Bystolic 'Side Deals' Litigation

In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.
Attorneys Have An Ethical Duty To Protect The Judiciary

The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
Cross-Market Implications In FTC's Anesthesia Complaint

The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.
FTC Orange Book Move Signals New Pharma Patent Scrutiny

The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.
AI Can Help Lawyers Overcome The Programming Barrier

Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
Preparing Law Students For A New, AI-Assisted Legal World

As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
General Counsel Need Data Literacy To Keep Up With AI

With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
Competition Considerations From Biden's AI Executive Order

In light of President Joe Biden's recent executive order on artificial intelligence and the antitrust agencies' expansive enforcement posture, businesses in the technology and related industries should expect scrutiny, and avoid interactions that could be perceived as unlawful collaborations or exchange of competitively sensitive information, say attorneys at Hogan Lovells.
Navigating Discovery Of Generative AI Information

As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance

A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.
Finding Focus: Strategies For Attorneys With ADHD

Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
How 'Safe Harbor' Policy Will Modify M&A Processes

Legal practitioners should be aware that the Justice Department's "safe harbor" immunity will change the typical M&A process significantly as acquirers start embedding fraud detection into their due diligence, including a broader scope of examinations and interviews, says Jesse Silvertown at The Ledge.