Competition

  • March 11, 2024

    Shoppers' Kroger, Albertsons Suit Shelved Pending FTC Case

    A California federal judge pumped the brakes Monday on a private lawsuit challenging Kroger's $24.6 billion bid for Albertsons, preferring to wait on the outcome of a Federal Trade Commission lawsuit against the deal newly filed in Oregon federal court.

  • March 11, 2024

    FERC Says Nixing Power Market Revision Was Right Move

    The Federal Energy Regulatory Commission on Friday defended its rejection of a regional grid operator's revision of its capacity market rules due to competition worries, telling the D.C. Circuit that utility giant Entergy Inc. has no basis to challenge the decision.

  • March 11, 2024

    5th Circ. Revives Dish's Bid To Take Down Arabic TV Site

    The Fifth Circuit has revived Dish Network's suit against a German resident for sharing Arabic-language programming pirated from Dish after finding the defendant purposefully advertises to viewers in the United States.

  • March 11, 2024

    IRobot Misled Investors On Failed Amazon Merger, Suit Claims

    Roomba vacuum maker iRobot Corp. has been hit with a proposed class action from an investor alleging it misled shareholders about its now-canceled merger with Amazon, saying iRobot had downplayed the significant risk that the merger would not secure regulatory approval in the U.S. and Europe.

  • March 11, 2024

    Class Says Realtors, Brokers Can't Escape $1.8B Verdict

    Plaintiffs in a nationwide class urged a Missouri federal judge to reject an attempt by Keller Williams, HomeServices of America Inc. and the National Association of Realtors to undo a $1.8 billion jury award by retroactively unraveling class certification.

  • March 11, 2024

    Willkie Adds DOJ Antitrust Lead In LA, DC

    Willkie Farr & Gallagher LLP announced Monday the hiring of a former antitrust section chief at the U.S. Department of Justice as a partner in its Los Angeles and Washington, D.C., offices.

  • March 11, 2024

    Burford, Sysco Can't Swap In Price-Fixing Suits, Court Told

    A magistrate judge was right to point to the underlying facts and public policy when denying an attempt to substitute a Burford Capital affiliate for Sysco in sprawling price-fixing lawsuits against pork and beef producers, the beef producers told a Minnesota federal court.

  • March 11, 2024

    Choice Hotels Abandons Wyndham Hostile Takeover Attempt

    After a monthslong hostile takeover attempt, Choice Hotels International Inc. on Monday announced its decision to withdraw its slate of nominees for election to Wyndham Hotels & Resorts' board of directors following the expiration of its exchange offer.

  • March 11, 2024

    Goodyear, Competitors Hit With Another Tire Price-Fixing Suit

    The Goodyear Tire and Rubber Co. and several of its competitors from around the globe were hit with a proposed class action accusing them of conspiring to universally hike up prices for their replacement tires, as the companies face increasing scrutiny.

  • March 11, 2024

    Kirkland, Latham Guide $35B EQT-Equitrans Gas Merger

    Kirkland & Ellis LLP-guided EQT Corp. and Latham & Watkins LLP-backed Equitrans Midstream Corp. said Monday they have agreed to merge, creating a $35 billion natural gas giant that will be "well positioned to be a globally competitive American energy leader."

  • March 08, 2024

    Trump 'An Existential Threat' To Rule Of Law, Attys Warn

    Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.

  • March 08, 2024

    Inside The Climactic Clash Over Skyrocketing MDL Caseloads

    A seven-year showdown over the nation's swelling docket of ultra-high-stakes consumer suits is hurtling toward its moment of truth, as a judicial oversight panel weighs impassioned input from big-name attorneys and judges endorsing everything from sweeping overhauls to the tiniest of tweaks.

  • March 08, 2024

    Visa, Mastercard's Standing Challenge Fails In Swipe Fee Case

    A New York federal judge in a newly unsealed order rejected Visa and Mastercard's bid for summary judgment that claimed that merchants suing the card companies over allegedly anticompetitive conduct lack standing to do so under U.S. Supreme Court precedent.

  • March 08, 2024

    Justices Urged To Take Up 'Who Decides' Arbitration Question

    An international arbitration scholar has urged the U.S. Supreme Court to resolve whether a court or an arbitrator should decide a dispute's proper venue in cases involving nonsignatories to an arbitration agreement, an issue that's arisen in antitrust litigation over National Association of Realtor rules.

  • March 08, 2024

    Real Estate Cos. To Face Divvied Lease Price-Fixing Claims

    A Tennessee federal judge ruled that the claims of a nationwide lease price-fixing putative class action against multiple real estate companies and software company RealPage Inc. should be severed into four separate cases instead of dismissed.

  • March 08, 2024

    Deadline Drama Briefly Threatens Suit Against Insurer VSP

    A California federal judge threatened Thursday to toss Total Vision's antitrust claims accusing eye care insurance giant VSP of hamstringing it, in what appears to be a misreading of the schedule over missed deadlines that were actually pushed back, prompting the threat's retraction the next day.

  • March 08, 2024

    UK Enforcers To Appeal Nixed £100M Hydrocortisone Fine

    Britain's competition enforcer is planning to appeal a tribunal's ruling that upended more than £100 million ($128.6 million) in fines against several drug companies for allegedly reaching agreements that increased the price of hydrocortisone tablets.

  • March 08, 2024

    Apple Relents, Paving Way For Epic Games Store In EU

    Epic Games will be able to establish its own app store on European iPhones after all, after Apple changed course Friday, two days after blocking the Fortnite developer from launching its own iOS app store in the latest dustup over Apple control and brand-new European Union rules.

  • March 08, 2024

    Google Can't Shake Video Ad Tech Claims In MDL

    A New York federal court has refused to toss claims targeting Google's control over online video advertising from a defunct video publisher in the sprawling multidistrict litigation accusing the tech giant of monopolizing digital ad technology.

  • March 08, 2024

    CFIUS Rules May Need Review Amid 'Exponential' Growth

    Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday. 

  • March 08, 2024

    Confirmation Of GOP Members Restores FTC To Full Strength

    The U.S. Senate unanimously confirmed two Republican members to the Federal Trade Commission, balancing out what had been an all-Democratic agency for nearly a year and restoring its full quintet for the first time in almost a year and a half.

  • March 08, 2024

    Activist Battle Tips, 'Hair-Raising' Red Flags Detailed At Tulane

    Companies attending Tulane University Law School's annual Corporate Law Institute conference got distinctive insights into how they can responsibly fend off activist investor attacks, heard diverging views about activists' motivations, and were warned about potential red flags in board members' pasts. 

  • March 08, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United FC. Here, Law360 looks at these and other new claims in the U.K.

  • March 08, 2024

    UK Not So Sweet On Tate & Lyle Deal, Could Raise Prices

    The antitrust authority said on Friday that it doesn't see a sweetener in the planned acquisition by Tate and Lyle of the U.K. business of Tereos, as the deal could raise the price of sugar on shelves for shoppers.

  • March 07, 2024

    Biden Blasts 'Hidden Fees' During State Of The Union

    During what could be his last State of the Union, President Joe Biden touted on Thursday night his administration's efforts to protect consumers by combating such issues as "junk fees" and price gouging.

Expert Analysis

  • Navigating Class Actions After Papa John's Settlement Denial

    Author Photo

    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

  • 4 PR Pointers When Your Case Is In The News

    Author Photo

    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • The Space Law And Policy Outlook For 2024

    Author Photo

    Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.

  • Antitrust Enforcement Initiatives To Watch In 2024

    Author Photo

    The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

    Author Photo

    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

    Author Photo

    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • HHS Advisory Highlights Free Product Inducement Risks

    Author Photo

    A recent U.S. Department of Health and Human Services advisory opinion highlights concerns that valuable free products and other inducements may influence patients and providers to choose one manufacturer’s product over another, notwithstanding that such free healthcare products may be a benefit, say attorneys at Morgan Lewis.

  • Attorneys' Busiest Times Can Be Business Opportunities

    Author Photo

    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

    Author Photo

    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Why Challenges To FTC Authority Are Needed

    Author Photo

    In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.

  • The Year In FRAND: What To Know Heading Into 2024

    Author Photo

    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • Volume-Based Transaction Pricing Proposal Raises Questions

    Author Photo

    A rule recently proposed by the U.S. Securities and Exchange Commission, which would prohibit securities exchanges from offering volume-based transaction pricing for agency or riskless principal orders in certain stocks, is meant to address competitive concerns — but there are reasons to question the logic behind this proposal, say attorneys at Sidley.

  • NCAA Proposal Points To A New NIL Compensation Frontier

    Author Photo

    Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.

  • Fed's New Swipe At Debit Fees Stirs Up Dilemma For Banks

    Author Photo

    The Federal Reserve's proposal to reduce the cap on debit card interchange fees charged or received by card issuers and payment networks comes as other bank account fees are taking regulatory hits, which could all culminate in an overall decline in access to banking products and services, says Kristen Larson at Ballard Spahr.

  • Behind Antitrust Enforcers' 2023 Labor And Employment Push

    Author Photo

    This year, the U.S. Department of Justice and Federal Trade Commission stepped up their already-considerable efforts to expand antitrust enforcement to labor and employment, a trend that is likely to continue into next year, say Benjamin Dryden and Richard Flannery at Foley & Lardner.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Competition archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!