Competition

  • January 27, 2022

    Teva Gets Nod For $420M Price-Fixing Deal With Investors

    A Connecticut federal judge granted preliminary approval to a $420 million deal resolving an investor class action accusing Teva Pharmaceuticals of orchestrating an industrywide price-fixing scheme, holding that the agreement is reasonable and there are no obvious red flags.

  • January 27, 2022

    DC Circ. Reluctant To Touch FERC Grid-Builder Decision

    The D.C. Circuit wasn't buying the argument Thursday morning that the Federal Energy Regulatory Commission contradicted itself by carving out an exception that allowed companies to skip the competitive contractor process when aiming to address "urgent reliability needs" for grid projects.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Breyer Leaving A Moderate's Mark On Antitrust Law

    A reliable member of the high court’s liberal wing on many issues, Justice Stephen Breyer has struck a more moderate approach when it comes to antitrust law, penning opinions and dissents supporting more enforcement in some cases and pro-defense views in others. Here, Law360 looks at the mark Justice Breyer will leave on antitrust matters when he retires at the end of the term.

  • January 27, 2022

    Chicken Of The Sea Buyers Win OK Of $40M Price-Fix Deals

    A California federal judge has signed off on three deals totaling $39.5 million resolving buyers' claims that Chicken of the Sea International schemed with other seafood producers to jack up the price of canned tuna, bringing an end to years of antitrust litigation against the tuna giant.

  • January 27, 2022

    Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

    An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.

  • January 27, 2022

    Apple Can't Hide Behind Privacy In Epic Fight, 9th Circ. Told

    Nearly 40 law, business and economics academics urged the Ninth Circuit on Thursday to upend Apple's win over Epic Games' allegations that the technology giant's App Store policies are anti-competitive, arguing the judge wrongly accepted Apple's justifications that restrictions on third-party app distribution are necessary to protect users.

  • January 27, 2022

    Facebook Data Antitrust Suits Get New Judge

    A string of cases in California federal court accusing Facebook of monopolizing social media markets through its use of consumer data have been reassigned to a new judge thanks to the recent elevation of Judge Lucy H. Koh to the Ninth Circuit.

  • January 27, 2022

    Robinhood Defeats Investors' 'Meme Stock' Claims

    Robinhood on Thursday defeated claims that it wrongly blocked investors from buying "meme stocks" during last year's market volatility, with a Florida federal court finding the stock-trading platform acted within the scope of its customer agreement.

  • January 27, 2022

    FCC Revokes China Unicom's Right To Operate In US

    The Federal Communications Commission voted on Thursday to block China Unicom from continuing to operate communications networks in the U.S., citing national security risks based on the company's ties to the Chinese government. 

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Deals Rumor Mill: Nvidia, Unilever, Kim Kardashian's Skims

    Nvidia will ditch its $40 billion purchase of U.K. semiconductor company Arm, activist billionaire Nelson Peltz has amassed a stake in European consumer goods giant Unilever, and Kim Kardashian's Skims brand has achieved a $3.2 billion valuation. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • January 27, 2022

    The Implications Of CFIUS' Rising Profile On M&A

    The Committee on Foreign Investment in the U.S. is viewed as an effective tool for policing mergers and acquisitions with foreign investment components, but experts say its increasing prominence means more legal work on the front end of deals, and a growing number of lawmakers say it should shoulder even more responsibility.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 27, 2022

    EU Clears Facebook's Kustomer Deal, But Rivals Get Access

    European Union antitrust officials announced Thursday that they will permit Facebook parent company Meta Platforms Inc. to buy customer service management provider Kustomer, assuaged by commitments to guarantee 10 years of access to rival providers.

  • January 26, 2022

    Limited Resources Will Test DOJ Preference For Merger Suits

    Jonathan Kanter, the U.S. Department of Justice's Antitrust Division chief, used his first address on the job to say that merger settlements should be "the exception, not the rule." But antitrust professionals say his desire to challenge more potentially anti-competitive mergers in court is likely to be tempered by limited government resources.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Wash. AG's Antitrust Probe Ends 'Sold By Amazon' Program

    Washington state's attorney general announced Wednesday that an investigation by his office shut down an Amazon program that allegedly violated antitrust laws by setting minimum prices for certain third-party products sold on the retailer's platform.

  • January 26, 2022

    No Antitrust Immunity For Mushroom Co-Op In Winn-Dixie Suit

    A Pennsylvania federal judge handed Winn-Dixie Stores a win on Wednesday, finding that even though a mushroom farm cooperative changed its name, the group hasn't done enough to qualify for antitrust immunity in the supermarket company's price-fixing suit.

  • January 26, 2022

    Retailer Fights University Of Illinois' 'Anti-Competitive' TM Suit

    Online apparel retailer Vintage Brand LLC urged a federal court in Illinois to toss a trademark infringement suit brought by the University of Illinois or to make the institution clarify its claims, arguing the company's products only use historical images that are in the public domain.

  • January 26, 2022

    Shkreli Ruling Pokes Holes In Keurig Defense, Rivals Say

    Keurig's coffee competitors have told a New York federal judge that Martin Shkreli's recent $64.6 million loss in a pharmaceutical antitrust case underscores why Keurig should face liability for monopoly conduct.

  • January 26, 2022

    SEC Seeks To Beef Up Regs On Treasury Trading Platforms

    The U.S. Securities and Exchange Commission on Wednesday proposed rules to increase oversight of unregistered venues that match buyers and sellers of Treasurys and other government securities, saying the status quo lacks investor safeguards.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    9th Circ. Won't Rehear Dealers' German Car Antitrust MDL

    The Ninth Circuit won't review a three-judge panel's October decision to quash allegations from U.S. car dealerships claiming German auto manufacturers conspired to control diesel emissions system specifications and unreasonably restrain trade in violation of U.S. antitrust law.

Expert Analysis

  • Opinion

    Biden FRAND Policy Will Help Protect Competition

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    The Biden administration's recently issued draft policy statement on licensing negotiations and remedies for standard-essential patents subject to voluntary fair, reasonable and nondiscriminatory terms is a welcome departure from the previous U.S. Department of Justice's flawed approach to navigating the intersection of antitrust and intellectual property, says Timothy Muris at Sidley.

  • And Now A Word From The Panel: 2021 MDLs In Review

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    The most notable trend in multidistrict litigation in 2021 was a 25% decrease in the number of new petitions for MDL proceedings — but a deeper dive into the numbers suggests that, on the whole, MDLs are thriving, and continuing to have a major impact, says Alan Rothman at Sidley.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • Opinion

    FTC Rulemaking Risks Expansion Of Unfair-Method Bounds

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    The Federal Trade Commission's plan to issue rules defining unfair methods of competition under Section 5 of the FTC Act arguably exceeds the commission's power, and isn't justified, because the current case-by-case approach to promoting competition through adjudication is preferable, says Sean Gates at Charis Lex.

  • Germany's Google Controls Illustrate Global Antitrust Trend

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    Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

  • What To Expect From Merger Guideline Modernization

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    The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Biden's Antitrust Shift May Play Out On The Golf Course

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    The Biden administration's tougher stance on antitrust enforcement could bring about changes in professional golf, particularly restrictions on non-PGA tournaments and broadcasts, says Tad Lipsky at George Mason University.

  • Antitrust's 1900s Nostalgia In The US And Beyond

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    President Joe Biden's appointees will continue to pursue a return to a previous antitrust era this year — the Federal Trade Commission, in particular, is dusting off its old tools — and similar developments are occurring in Europe and Asia, says Maureen Ohlhausen at Baker Botts.

  • 5 Global Digital Markets Regulatory Issues To Watch In 2022

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    Francesco Liberatore at Squire Patton lays out the key regulatory developments that will affect global digital markets this year, from new enforcement measures aimed at electronic communications services in the European Union to increased cooperation between antitrust officials in the U.S., U.K. and EU.

  • Opinion

    FTC Merger Policy Shifts May Spur Uncertainty And Risk

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    The Federal Trade Commission's recent measures to reshape enforcement priorities on vertical merger guidelines, prior approval and warning letters may increase uncertainty for companies seeking approval for their transactions, and require earlier attention to the process, say attorneys at Wiggin and Dana.

  • Orphan Drug Approval Takeaways From Recent FDA Data

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    Contrary to lawmakers' claims that generic drugs have been delayed or deterred from the marketplace by the Orphan Drug Act’s regulatory process, trends in recent data from the U.S. Food and Drug Administration show that orphan drug approvals are not pursued later solely to deter generic entry, say Omar Robles at Emerging Health and Katherine Jones at Bates White.

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