Competition

April 17, 2024
ISPs Seek Clearer Preemption In Feds' Net Neutrality Draft

With the Federal Communications Commission set to vote on net neutrality rules later this month, internet service providers are hoping the agency will clarify exactly how its orders trump state regulations on ISP conduct.
April 17, 2024
RTX Investor Sues Brass In Del. For Better Antitrust Oversight

A shareholder of RTX has sued the aerospace and defense giant's current and former officers and directors in Delaware's Court of Chancery, accusing them of failing over a period of at least eight years to prevent antitrust violations in the company's hiring practices.
April 17, 2024
DC Judge Questions 7-Eleven Position On FTC Constraints

A D.C. federal judge on Wednesday pressed counsel for 7-Eleven on the company's claims that only the U.S. attorney general can seek civil penalties on behalf of the Federal Trade Commission, questioning how the commission itself can be limited when the FTC Act gives it the right to take up actions if the U.S. Department of Justice does not.
April 17, 2024
EV Tax Credit Restrictions, Trade Bills Advance In House

The House Ways and Means Committee advanced several trade bills Wednesday that would impose more restrictions for new electric vehicles to qualify for a federal tax credit, assert congressional authority in agreements with foreign governments, and renew the country's largest and oldest trade preferences program.
April 17, 2024
Don't Ignore Problematic Merger Docs, FTC Comp Chief Says

The Federal Trade Commission's top antitrust enforcer urged merging parties Wednesday to be fully open and transparent with reviewing staffers, warning that trying to get enforcers to ignore potentially problematic material just makes their jobs more difficult.
April 17, 2024
Biden Admin Probes Chinese Shipbuilders For Unfair Trade

The Biden administration launched an investigation Wednesday into whether China used unfair practices to gain a competitive edge in the global shipping and maritime services sector, setting the stage for potential new tariffs against Beijing.
April 17, 2024
Lawmaker Says New Merger Guides Hurt Small Businesses

The head of the House Small Business Committee has sent letters to the U.S. Department of Justice and Federal Trade Commission, contending enforcers did not fully consider how new merger guidelines will impact the small business community.
April 17, 2024
Gov't Officials Urge Global Cooperation On Taxing Wealth

Global cooperation on taxing the wealthiest individuals and companies is necessary to address climate change and create social justice, government officials from Brazil, France and Nigeria said Wednesday at the International Monetary Fund's spring meeting.
April 17, 2024
ISP Frontier Inks $20M Internet Upgrade Deal For NC

Frontier is going to spend $20 million improving its internet speeds in North Carolina as part of a settlement with the state's Department of Justice after hundreds of customers complained that the internet service provider was advertising one speed while actually providing another.
April 17, 2024
Jury Says Caterpillar's Interference Cost Equipment Co. $100M

A jury in Delaware has rejected antitrust claims against Caterpillar but found that the equipment maker caused a defunct importer $100 million in damages by interfering with its contract to sell equipment through an online sales platform.
April 17, 2024
Dems Uneasy Over ESPN, Fox, Warner Sports Streaming App

A pair of House Democrats have raised concerns over plans by ESPN, Fox and Warner Bros. Discovery's to combine their vast live sports portfolios into a single app, pressing the programmers for details to ensure the joint venture won't increase consumer prices and degrade licensing terms for leagues and distributors.
April 17, 2024
American Urges 1st Circ. To Reject 'Radical' JetBlue Ruling

American Airlines has told the First Circuit that a judge's "radical vision of the antitrust laws" that blocked its Northeast Alliance joint venture with JetBlue shouldn't stand, arguing that federal enforcers are relying on misleading claims and outdated precedent to prop up the lower court's mistaken conclusion.
April 17, 2024
Merchants Bring Modified Bid For Swipe Fee Class Actions

A group of merchants urged Britain's competition tribunal on Wednesday to approve proposed class actions accusing Visa and Mastercard of unfairly imposing interchange fees on retailers for several years, arguing they had sufficiently addressed concerns that led to their initial proposals being rejected.
April 16, 2024
House Panel Takes Aim At Change Healthcare, FTC Over Hack

A House subcommittee exploring ways to boost cybersecurity in the healthcare industry on Tuesday blasted Change Healthcare for failing to take appropriate steps to block a damaging cyberattack that echoed another recent strike on critical infrastructure and the Federal Trade Commission for not stopping the provider from controlling such a large market share.
April 16, 2024
NC Treasurer Backs FTC On Hospital Merger Challenge

North Carolina's treasurer agreed Monday that Novant Health's $320 million plan to pick up a pair of hospitals is a bad idea, throwing its weight behind the Federal Trade Commission's challenge to the deal in federal court.
April 16, 2024
Flyers Challenge $1.9B Hawaiian-Alaska Airlines Merger

Alaska Airlines is facing an antitrust lawsuit from flyers alleging that its proposed $1.9 billion acquisition of Hawaiian Airlines will reduce competition in the airline industry, raise prices and potentially cause layoffs.
April 16, 2024
Plaintiff Wants Big Sugar Antitrust Suits Consolidated In Fla.

A plaintiff in one of more than a dozen antitrust suits accusing sugar companies of engaging in a price-fixing scheme argued that the litigation should be consolidated in Florida, which is responsible for more than half of all American sugarcane production and is home to more of the sugar company defendants than any other jurisdiction.
April 16, 2024
Court Urged Not To Quash Google's Agency Subpoenas

A special master has recommended that a Texas federal court allow Google to interview witnesses from three state agencies as the tech giant defends against a case from state-level enforcers accusing it of monopolizing key digital advertising technology.
April 16, 2024
DraftKings Workers Say Ex-Boss Tried To Lure Them To Rival

Two DraftKings higher-ups testified Tuesday that their former boss had tried to lure them to join rival sportsbook Fanatics with multimillion-dollar compensation offers, contradicting their former supervisor's claim that he never attempted to get his top lieutenants to help him set up a new office for Fanatics in Los Angeles.
April 16, 2024
FTC To Unveil, Vote On Final Noncompetes Ban April 23

The Federal Trade Commission gave a one-week heads up Tuesday of its impending unveiling of — and vote on — the final version of a rule that would ban essentially all noncompete agreements employers impose on their workers.
April 16, 2024
Boston Judge Wary Of Ordering Bias Probe For City Contracts

A Massachusetts federal judge on Tuesday questioned whether she has the authority to order the U.S. Department of Justice to look into alleged racism in the city of Boston's system of awarding contracts, and whether members of several advocacy groups even have standing to make the request.
April 16, 2024
Excess Carriers Say Property Co. Not Covered In Antitrust Suit

Two excess insurers said they don't owe coverage to a property management company for underlying litigation alleging a price-fixing conspiracy involving software company RealPage Inc., telling a Massachusetts federal court that a professional services exclusion in the primary policy bars coverage.
April 16, 2024
Cooley Hires Ex-Norton Rose Antitrust Chief In London

Cooley LLP has recruited Norton Rose Fulbright's London antitrust and competition chief to its London office as a partner in an effort to boost its ability to advise clients on competition disputes across the U.K. and the European Union.
April 16, 2024
International Paper Co. To Buy UK Rival DS Smith For £5.8B

International Paper Co. said on Tuesday that it has agreed to acquire packaging provider DS Smith PLC in an all-share deal valuing the U.K. group at £5.8 billion ($7.2 billion), after fighting off a competing bid by Mondi PLC.
April 15, 2024
Taro Inks $36M Investor Deal Over Generics Price-Fixing

Taro Pharmaceutical Industries shareholders asked a New York federal judge Monday to greenlight a $36 million settlement resolving proposed class claims that the company misled investors about alleged generic drug price-fixing that led to a drop in stock price upon news of a U.S. Department of Justice antitrust investigation.

Expert Analysis

Opinion

Waiving COVID-19 IP Protections Would Harm US Industry

President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.
What The Law Firm Of The Future Will Look Like

As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
The Year Ahead In Foreign Investment And National Security

In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.
Navigating Class Actions After Papa John's Settlement Denial

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

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

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

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

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

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

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

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

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

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

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

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.