Competition

  • March 27, 2025

    'Success By Health' Execs Fight $7.3M FTC Win At 9th Circ.

    Executives behind the alleged "Success By Health" pyramid scheme urged the Ninth Circuit on Thursday to reverse a $7.3 million compensatory sanction and asset-freeze injunction, arguing the sanction wasn't tied to actual loss and the lower court shouldn't have frozen assets following the high court's 2021 AMG v. FTC ruling.

  • March 27, 2025

    Chamber Asks Justices To Review Duke Energy Monopoly Suit

    The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.

  • March 27, 2025

    Target Settles Antitrust Claims Against Visa Over Swipe Fees

    Target Corp. and Visa have settled a yearslong antitrust dispute accusing the card company of being part of an illegal anticompetitive scheme that forced merchants to pay excessive fees when customers pay with credit or debit cards, according to a stipulation filed Thursday in New York federal court.

  • March 27, 2025

    Google, Apple Staff Want Out Of Testifying In FTC-Meta Case

    Current and former employees of Google, Apple, TikTok, X Corp., Snap and Epic Games asked a D.C. federal judge Wednesday to quash subpoenas seeking their live testimony in the Federal Trade Commission's upcoming antitrust trial against Meta Platforms, arguing their taped depositions make the burden of testifying unnecessary.

  • March 27, 2025

    NYC Tour Bus Antitrust Suit Dead-Ends At 2nd Circ.

    A New York City tour bus operator on Thursday lost its bid to revive a suit accusing a group of rivals of entering into an anticompetitive partnership, after a Second Circuit panel backed a lower court's finding that the case sought to relitigate failed claims from an earlier suit.

  • March 27, 2025

    Feds Allowed To Weigh In On MultiPlan Pricing MDL

    The federal government will be allowed to appear in multidistrict antitrust litigation targeting MultiPlan's out-of-network reimbursement rates to offer input on the legal framework for analyzing claims involving the joint use of algorithms, a practice it says poses "a growing threat" to free market competition.

  • March 27, 2025

    Railway Questions Class Rep's Suitability In Fare Dispute

    Govia Thameslink Railway Ltd. asked the U.K.'s antitrust tribunal on Thursday to demand extra evidence from the campaigner seeking to represent rail passengers in a class action over allegedly unfair ticket prices, saying he must prove he is a suitable representative.

  • March 27, 2025

    Apple Says Its Affidavits Are Admissible In Google Case

    After an unsuccessful bid to intervene in the remedies phase of the Justice Department's antitrust case against Google, Apple is urging a D.C. federal judge to consider its affidavits from company executives as the court weighs the proper fix for Google's search monopoly.

  • March 27, 2025

    DOJ's Antitrust Unit Targeting Anticompetitive Regulations

    The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.

  • March 27, 2025

    'A Challenge We Have To Rise To': Class Reps Take The Stage

    Launching a series of interviews with lawyers, class representatives and litigation-funders to mark the 10-year anniversary of the collective proceedings order regime, Law360 spoke to Justin Gutmann and Rachael Kent about how the role of class reps has evolved in the decade since CPOs were introduced

  • March 27, 2025

    Dutch Software Co. Tells 4th Circ. To Pause Trial After Atty DQ

    A Dutch software company is taking another stab at delaying its impending trademark trial with an American rival, telling the Fourth Circuit that it should not be forced to proceed after the district court held one of its attorneys in contempt and essentially disqualified him.

  • March 27, 2025

    9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire

    A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.

  • March 27, 2025

    FCPA 'Purgatory' Frustrates White Collar Bar, Anxious Clients

    An abrupt pause in Foreign Corrupt Practices Act enforcement has created tension between clients eager to resolve investigations and their attorneys, who are having trouble reaching decision-makers at the U.S. Department of Justice and are more inclined to await further guidance from the government.

  • March 27, 2025

    Jordan's NASCAR Team Fires Back At League's Cartel Claim

    Michael Jordan's racing team has urged a North Carolina federal judge to toss NASCAR's counterclaim in an antitrust suit against the league, arguing that the stock car racing company has failed to lay out enough detail on the alleged cartel Jordan's team and others purportedly formed to harm its business.

  • March 27, 2025

    Fuel Truck Exec Cops To Wildfire Bid-Rigging Scheme

    The owner of a company that contracted with the U.S. Forest Service to supply fuel truck services to wildland firefighters pled guilty to conspiring with another executive to rig bids and allocate territories between 2015 and 2023.

  • March 27, 2025

    FTC Democrats Sue To Undo Trump's 'Unlawful' Firing

    Recently fired Federal Trade Commission members Rebecca Kelly Slaughter and Alvaro M. Bedoya challenged their terminations Thursday in D.C. federal court, arguing President Donald Trump violated "bedrock, binding precedent" permitting their removal only for cause.

  • March 27, 2025

    Top EU Court Urged To Uphold €60M Teva Pay-For-Delay Fine

    An adviser to the European Union's top court said Thursday that it should uphold €60.5 million ($70.7 million) in fines against Teva and its subsidiary Cephalon for an alleged conspiracy to keep a generic version of Provigil off the shelves.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

  • March 26, 2025

    Supreme Court Skeptical Of Nixing FCC Subsidy Fund

    Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.

  • March 26, 2025

    Apple Cites Amazon Ruling To Toss Web App Antitrust Suit

    Apple is hoping the Ninth Circuit will allow it to wash its hands of a proposed antitrust class action accusing it of preventing iPhones from running web-based apps for the same reason the court just refused to revive a consumer antitrust action over Amazon's fulfillment service, according to a recent filing.

  • March 26, 2025

    Judge Tosses Some Wage-Fix Claims Against Meat Packers

    A Colorado federal judge on Wednesday ruled that plaintiffs alleging meat producers conspired to fix industry wages can't recover under certain claims for conduct that happened before January 2020, finding an amended complaint raised a new conspiracy for which the companies weren't on notice they could be held liable.

  • March 26, 2025

    Judge Knocks Amazon For Mislabeled Docs In Antitrust Suits

    Amazon.com Inc. must hand over dozens of records previously flagged as confidential to the consumers in a series of class actions alleging antitrust violations, a Washington federal judge has ruled, concluding that the e-commerce giant wrongly marked the documents as "attorney-client communications or attorney-work product."

  • March 26, 2025

    Baker McKenzie Partner Joins DOJ Antitrust Leadership Team

    The new head of antitrust enforcement at the U.S. Department of Justice has landed a Baker McKenzie partner for her leadership team who previously worked in the office during the administration of Barack Obama.

  • March 26, 2025

    Coalition Says Trump Admin Flouted Federal Rehiring Order

    The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.

  • March 26, 2025

    Walgreens, Kroger Claim Takeda Cut Illegal TWi Generics Deal

    Walgreens, Kroger, Albertsons and H-E-B hit Takeda and TWi Pharmaceuticals with an antitrust suit in California federal court Tuesday, accusing the pharmaceutical companies of conspiring to delay the release of the generic version of Takeda's heartburn medication Dexilant, causing the retailers to pay more for the brand-name drug.

Expert Analysis

  • How New Merger Filing Rules Will Affect Economic Advocacy

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    New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.

  • Impact Of Corporate Transparency Act Ambiguity On Banks

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    Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Opinion

    Antitrust Posturing Against Algorithmic AI Should End

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    President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Back To The Future? Antitrust Enforcement Under Trump 2.0

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    While the transition to the second Trump administration's antitrust policy should be accompanied by less uncertainty, we're unlikely to get a full sense of the true focus and tenor of competition enforcement under Trump 2.0 before late next year, say attorneys at Simpson Thacher.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Trending At The PTAB: Collateral Estoppel Continues Evolving

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    We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

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