Competition

  • October 15, 2021

    Ex-FTC Chair To Aid Maryland AG With Privacy, Antitrust Work

    A former head of the Federal Trade Commission is joining the Maryland attorney general's office to help boost the enforcer's growing efforts to manage emerging data privacy, technology and antitrust issues, the office said Thursday.

  • October 15, 2021

    DOJ Tells 2nd Circ. FIFA, US Soccer Pleading Standard Wrong

    The U.S. Department of Justice told the Second Circuit a lower court set the bar too high when it found that a sports promoter must show an "agreement to agree" between FIFA and U.S. Soccer before it can allege an antitrust violation preventing the promoter from hosting games in the U.S.

  • October 15, 2021

    Endo Investors Ink $63M Deal In Generics Stock Inflation Suit

    Endo International and a class of investors told a Pennsylvania federal court Friday that they reached a $63.4 million settlement to resolve claims Endo inflated its stock price by hiking its generic drug prices in tandem with competitors and then lied to investors about how it had increased its profits.

  • October 15, 2021

    3rd Circ. Nixes Injunction In Baking Co.'s Trade Secrets Suit​

    A Third Circuit panel considering Mallet & Co.'s trade secret suit against rival baking equipment maker Synova LLC reversed an order blocking Synova from making certain products and employing former Mallet workers, finding Friday that Mallet must identify the particular trade secrets Synova allegedly misappropriated and demonstrate that they're protected.

  • October 15, 2021

    HP Must Face Most Claims In Suit Over Ink Cartridges

    A California federal judge ruled Friday that HP Inc. cannot ditch the bulk of a proposed class action alleging a ploy to force customers to buy HP ink and toner by sending firmware updates so its printers could only use HP cartridges.

  • October 15, 2021

    NPE Patent Cases Increase By 11% In 2021

    Patent litigation by nonpracticing entities continues to climb this year, with a new report estimating that these suits are up almost 11% compared with the same period last year, driven in part by disputes over automotive and mobile device patents.

  • October 15, 2021

    Rosen Law Firm To Lead Class In Robinhood MDL

    A Florida federal judge appointed the Rosen Law Firm PA on Friday to lead multidistrict litigation that alleges stock-trading app Robinhood caused more than $10 billion in market capitalization losses after its customers were hit in January with trading restrictions on certain stocks.

  • October 15, 2021

    Nimbus, Bristol-Myers Can't Sell Psoriasis Drug Amid Dispute

    A New York federal court is blocking the sale of a psoriasis treatment under development by Nimbus Therapeutics LLC until after a dispute plays out with Bristol-Myers Squibb Co. over purchase rights for the drug candidate.

  • October 15, 2021

    UK Watchdog Probing Thermo Fisher's $21B PPD Deal

    The United Kingdom's Competition and Markets Authority announced on Friday that it's considering a probe of lab equipment company Thermo Fisher's $20.9 billion acquisition of pharmaceutical research organization PPD Inc.

  • October 15, 2021

    $93.5M Deals In Chicken Price-Fixing Row Get Initial OK

    An Illinois federal judge granted early approval Friday to three settlements totaling $93.5 million that commercial and institutional indirect purchasers reached with Tyson Foods Inc., Pilgrim's Pride Corp. and Mar-Jac Poultry Inc. to settle claims they conspired with competitors to fix the price of broiler chicken.

  • October 15, 2021

    Software Co. Lobs Trade Secret Claims In $47M Monopoly Suit

    Firing back against a $47 million lawsuit accusing it of monopolizing the market for utility data management, an Atlanta software company countersued for trade secret misappropriation and unfair competition against a startup founded by its alumni.

  • October 15, 2021

    Tether To Pay CFTC $41M Over Stablecoin Reserve Claims

    The U.S. Commodity Futures Trading Commission said Friday that Tether will pay $41 million to resolve allegations that it misled the market about its namesake stablecoin being "fully backed" by U.S. dollars.

  • October 15, 2021

    UK Class Action Regime Picks Up Speed With BT Ruling

    Britain's emerging class action regime has picked up speed with the recent approval of a £589 million ($810 million) claim against BT that lawyers say will pave the way for more opt-out collective proceedings.

  • October 14, 2021

    CFPB, FTC Wade Into 4th Circ. Fight Over Public Records Site

    The Consumer Financial Protection Bureau and Federal Trade Commission told the Fourth Circuit on Thursday that a public records website cannot use so-called Section 230 liability protections for tech platforms to shield itself from a class action accusing it of credit reporting violations.

  • October 14, 2021

    Shkreli Wants FTC's Monopolization Trial Pushed Back

    Disgraced former pharmaceutical executive Martin Shkreli wants his mid-December civil trial pushed back to May, telling the New York federal judge overseeing the bench trial that without a delay he will be facing a "Hobson's choice" that could leave him in jail an extra year.

  • October 14, 2021

    Dental Co. To Pay $63M To End Investors' Price-Fixing Suit

    Patterson Cos. Inc. has agreed to pay $63 million to end investors' class action in Minnesota federal court accusing the dental supply company of working with competitors to fix prices, according to the investors' unopposed bid for preliminary approval of the deal Thursday.

  • October 14, 2021

    Biden's 24/7 Plan To Unsnarl Supply Chain Not A Panacea

    The collective pledge by ports, railways and many private companies in the United States to operate 24/7 may remedy supply chain bottlenecks through the holidays, but experts warn that the agreement between the White House, labor unions and business isn't a panacea for worker shortages and logistical hurdles.

  • October 14, 2021

    9th Circ. Won't Revive Ex-HP Worker's No-Poach Claims

    The Ninth Circuit on Thursday refused to revive a laid-off HP Inc. worker's proposed class action alleging HP cut a "no-poach" deal with a 3D-printing rival that diminished employees' wages, a week after the panel questioned during oral arguments whether the plaintiff plausibly alleged such an agreement existed.

  • October 14, 2021

    Realtors Can't Slam Door On Feds' Antitrust Probe, DOJ Says

    The federal government has told a D.C. federal judge the National Association of Realtors can't meet the "heavy burden" it takes to prevent an antitrust investigation despite an earlier settlement deal with the feds over its practices.

  • October 14, 2021

    Judge Wary Aaron's Fraud Suit Simply Mirrors FTC Action

    A Georgia federal judge on Thursday expressed concern that letting shareholders maintain a fraud suit against rent-to-own retailer Aaron's Inc. would open the door for every government investigation into a company to become litigation.

  • October 14, 2021

    Bipartisan Senators To Target Big Tech In Competition Bill

    A bipartisan group of senators is moving to hit Big Tech platforms with new legislation that could reshape how they do business by blocking them from prioritizing their own products and services at a disadvantage to smaller rivals.

  • October 14, 2021

    3 Firms Drive Walgreens' $5.2B Deal For Control Of VillageMD

    Walgreens Boots Alliance will pay $5.2 billion to acquire a majority stake in Chicago-based primary care provider VillageMD, the companies said Thursday, in a transaction stitched together by Sidley, Weil and Latham.

  • October 13, 2021

    Louisiana Can't Wade Into FTC's Settled Provigil Case

    A Pennsylvania federal court on Wednesday rejected a bid from the state of Louisiana to intervene in a case over the alleged delay of generic versions of narcolepsy drug Provigil that the Federal Trade Commission settled with Teva through a $1.2 billion deal in 2015.

  • October 13, 2021

    Bayer Tells High Court To Curb Flanax Fight Again

    Bayer AG has assured the U.S. Supreme Court that nothing close to a circuit split hangs over its decade-plus efforts to sue a small American drugmaker in a fight that centers on who owns the trademark of a Mexican brand name the pharmaceutical giant has never used in the U.S.

  • October 13, 2021

    Feds Urge Contractors To Swiftly Report Antitrust Crimes

    Senior U.S. Department of Justice officials urged federal contractors on Wednesday to swiftly self-report any potential antitrust criminal violations or risk a co-conspirator beating them to the chance to win leniency from the department.

Expert Analysis

  • Extension Of The HSR Waiting Period Increases Acquirer Risk

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    Attorneys at K&L Gates look at the Federal Trade Commission's recent extension of the merger-review waiting period under the Hart-Scott-Rodino Act, and its effect on pending transactions, broader public policy and the Biden-era M&A market.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • What SEP Holders Can Take Away From UK's Apple Ruling

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    A U.K. court's recent decision in the standard essential patent dispute between Apple and Optis Cellular Technology provides encouragement for SEP owners litigating their portfolios in the U.K. and reaffirms the country's place as a patentee-friendly jurisdiction, says Tess Waldron at Powell Gilbert.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Upshots Of Del. Holding On Appraisal Rights Waivers In M&A

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    The Delaware Supreme Court's recent Manti v. Authentix holding offers key takeaways clarifying the enforceability of the dual approach of appraisal waivers and drag-along rights, to keep common stockholders in check in a merger or stock sale, while also framing the contexts in which these waivers might not be enforceable, say attorneys at Troutman Pepper.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Shippers Face Risk Even From Voluntary GHG Reductions

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    As the global shipping industry prepares for mandates to cut maritime greenhouse gas emissions, some shippers are touting voluntary GHG reductions that exceed international requirements — but these efforts are not without potential legal and compliance risks, say attorneys at Winston & Strawn.

  • Takeaways From The Latest Proposed Competition Legislation

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    Maggie Crosswy and William MacLeod at Kelley Drye examine over 30 bills before the House and Senate that would alter the U.S. competition and consumer protection landscape, explaining what they propose, where they stand and why they matter.

  • Will Kanter Transform Cartel Enforcement?

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    The Biden administration is expected to take an assertive posture on cartel enforcement, but its agenda will hinge on Jonathan Kanter, its nominee to lead the U.S. Department of Justice's Antitrust Division, who is viewed as a transformational figure in antitrust policy as he heads to his Oct. 6 Senate confirmation hearing, say Richard Leveridge and Adam Farra at Gilbert.

  • When Antitrust's Consumer Welfare Standard And ESG Collide

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    The recent debate over antitrust law’s so-called consumer welfare standard means that — depending on how the principle is defined — company collaborations can be viewed as either pro- or anti-competitive, which is relevant for evaluating environmental, social and corporate governance agreements as climate issues take center stage in American and European policy, says Joshua Sherman at Charles River Associates.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • TM Rights Agreement Considerations After 2nd Circ. Ruling

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    By refusing to apply the "inherently suspect" antitrust framework in its recent 1-800 Contacts decision, the Second Circuit destabilized the landscape for companies entering into trademark rights agreements, so parties should bear in mind several important considerations when drafting and negotiating agreements, say Kimberly Culp and Alyssa Crooke at Fenwick.

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