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Competition
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January 24, 2025
Agri Stats Demands Details On DOJ's Info-Sharing Claims
Agri Stats has accused the U.S. Department of Justice of refusing to identify specific data fields in the company's reports that allegedly allowed chicken, pork and turkey producers to exchange competitively sensitive information, as it readies its defense in the agency's antitrust case.
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January 24, 2025
FTC Says Noncompete Ban Defense Is Its Job, Not Intervenor's
The Federal Trade Commission is urging the Fifth and Eleventh circuits not to permit an entrepreneurs group to intervene in support of the FTC's currently blocked noncompete ban in case the commission opts to abandon its defense, arguing Congress left it up to government agencies to defend their own regulations.
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January 24, 2025
Dow Argues Tech Firm's IP Suit Over Software Is Time-Barred
The Dow Chemical Co. has urged an Ohio federal judge to rule in its favor in a dispute over proprietary polyethylene manufacturing software, arguing that ControlSoft Inc.'s suit ignores their more than 20-year business relationship and that the technology firm waited too long to bring trade secrets and copyright infringement claims.
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January 24, 2025
Capital One Named In Action Over Early-Year Service Outage
Capital One has been hit with a proposed class action in Virginia federal court focused on a January service disruption that allegedly left consumers locked out of its systems.
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January 24, 2025
SAP Seeks Full 9th Circ. Rehearing Of Revived Tying Suit
German software giant SAP is asking the Ninth Circuit to reconsider its revival of data analytics company Teradata's trade secrets and tying suit against it, saying the panel wrongly applied per se antitrust treatment to a "highly innovative software market."
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January 24, 2025
Blank Rome Attys Fight Lawyer's Bid For New Trial
A team of Blank Rome LLP attorneys accused another attorney in Pennsylvania federal court of "seeking another bite at the apple" by moving for a new trial after a jury rejected her malicious litigation claims against the team and an aviation company.
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January 24, 2025
NC Gov. GC's Bio Boasts BigTech Battles, Merger Dustup
Sarah Boyce has followed her boss from the North Carolina Attorney General's Office to the steps of the governor's mansion as his new general counsel, capping off more than four years of high-profile constitutional challenges that saw her arguing before the nation's highest court as well as multistate enforcement actions against industry giants like Google and TikTok.
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January 24, 2025
EU Approves Int'l Paper's $7.2B DS Smith Deal With Fix
European enforcers said Friday they have approved International Paper Co.'s planned £5.8 billion ($7.2 billion) purchase of fellow packaging provider DS Smith PLC conditioned on the sale of several factories in regions where they currently overlap.
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January 23, 2025
Intuitive Judge Walks Back 'Inappropriate' Witness Instruction
Counsel for Intuitive Surgical objected Thursday to a California federal judge's "inappropriate instruction" to a witness testifying in a trial over allegations it abused its market power by blocking hospitals from using a refurbished part for its surgery robot, prompting the judge to walk back the direction.
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January 23, 2025
Wash. Justices Back Workers' View On Moonlighting Law
Washington's highest court clarified on Thursday that the state's moonlighting protections shield low-wage workers from noncompete terms that would outright ban them working for any competitor in any capacity, concluding that employers must narrowly tailor such restrictions to be line with employees' common-law duty of loyalty.
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January 23, 2025
GoodRx, PBMs Sued Over Alleged Generics Price-Fix Scheme
GoodRx and pharmacy benefit managers, including CVS Caremark and Express Scripts, formed a "cartel" to execute a price-fixing scheme by sharing pricing information and agreeing not to outbid each other for reimbursement rates paid to pharmacies for generic drugs, alleges a proposed class action filed Wednesday in California federal court.
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January 23, 2025
Jump Trading Says Ex-Worker Stole IP For Blockchain Startup
High-frequency trading firm and blockchain technology developer Jump Trading has filed a complaint seeking a preliminary injunction against a former software developer it claims is using Jump Trading's intellectual property to launch a competing project.
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January 23, 2025
Judge Inclined To OK Visa, Mastercard $197.5M ATM Fee Deal
A D.C. federal judge seemed poised Thursday to give final blessing to a $197.5 million settlement resolving class action claims that Visa and Mastercard conspired with major banks to fix ATM access fees, but the judge said he needed more time to reflect on attorney fees.
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January 23, 2025
GOP AGs, Groups Back 11th Circ. Noncompete Ban Challenge
A group of Republican state attorneys general filed one of a half-dozen amicus briefs Wednesday urging the Eleventh Circuit not to revive the Federal Trade Commission's ban on employment noncompete agreements, arguing the already-endangered rule exceeded FTC authority and threatens legitimate safeguards for corporate secrets.
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January 23, 2025
Ex-Amazon Exec Will Oversee Google, Apple Probe In UK
The U.K.'s competition enforcer said Thursday it will be looking into how Google and Apple's "mobile ecosystems" have been affecting competition for both consumers and businesses, an announcement that comes just days after the watchdog booted its leader for a former Amazon head honcho.
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January 23, 2025
Hillrom Rival Must Turn Over Antitrust Litigation Funding Docs
An Illinois federal court has ordered hospital-bed maker Linet to produce certain litigation funding documents in its antitrust suit accusing competitor Hill-Rom Holdings Inc. of trying to monopolize the U.S. market, ruling the documents are relevant to the statute of limitations in the case.
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January 23, 2025
HP Says Ill. Ink Antitrust Claims Fall 'Woefully Short'
HP urged an Illinois federal judge on Thursday to toss out customers' lawsuit accusing it of anticompetitively blocking them from using third-party ink cartridges in their machines, arguing that they haven't come close to showing how it tied customers' printer purchases to the alleged restriction.
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January 23, 2025
Federal Agencies Must Order Full Return To Office By Friday
Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.
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January 23, 2025
NCAA, Student-Athlete Near Deal To End W. Va. Transfer Suit
A West Virginia federal court has ordered an additional two-week pause in an antitrust lawsuit by an NBA hopeful who accused the NCAA of contract interference as the parties seek to finalize a settlement.
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January 23, 2025
FTC Chair's 1st Act: Ending 'Scourge' Of DEI
Andrew N. Ferguson made his first public act as the Federal Trade Commission's new Republican chairman Wednesday by ordering the end of all agency diversity, equity and inclusion efforts and declaring that the "scourge" of DEI is over at the FTC.
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January 23, 2025
Nvidia Wants AI Antitrust Suit Sent To California
Nvidia Corp. is asking a Texas federal judge to transfer to California an antitrust and patent infringement lawsuit accusing it, Microsoft and a patent risk management company of colluding to suppress the price of key technology used in powering artificial intelligence.
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January 23, 2025
Khan Leaving The Federal Trade Commission By Jan. 31
Federal Trade Commission member Lina M. Khan has said she'll leave the agency by the end of the month, stepping down after President Donald Trump's inauguration enshrined her demotion from chair to line commissioner.
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January 23, 2025
Turkey Buyers Get Classes Certified For Antitrust Claims
An Illinois federal court certified two classes of buyers in a case accusing the country's largest turkey processors of working together to reduce supply and increase prices after refusing to exclude analysis from the buyers' experts.
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January 23, 2025
Baker Botts Adds DOJ Atty Who Led Airline Merger Challenge
The former U.S. Department of Justice antitrust attorney who led the agency's successful challenge to a proposed merger between JetBlue and Spirit Airlines has joined Baker Botts LLP as a partner in the firm's Washington, D.C., office.
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January 23, 2025
Litigation-Funder Sues Merricks Over Mastercard Settlement
A representative of more than 45 million U.K. consumers in a class action against Mastercard is being sued by his litigation-funder over his decision to reach a settlement in the £10 billion ($12.3 billion) case for £200 million.
Expert Analysis
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Marching In On Orange Book Drugs May Have Limited Effect
Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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How To Prepare For Expanded HSR Notification Process
Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Destination Skiing And The DOJ's Mountain Merger Challenge
Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
In Visa Case, DOJ Continues To Misapply The Sherman Act
The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.