Competition

  • February 20, 2024

    Epic Calls Apple's $73M Fees Bid An Overreach

    Epic Games blasted Apple on Friday for seeking $73.4 million in legal fees following the pair's California federal court antitrust battle over App Store payment fees, arguing that antitrust claims like Epic's are immune from legal fees and that Apple cannot wrap its demands in successful contract breach counterclaims.

  • February 20, 2024

    EU Approves Orange's €18.6B Spanish Telecoms JV

    Europe's competition enforcer on Tuesday approved a deal for Orange SA and MasMovil Ibercom SA to combine their operations in Spain through a €18.6 billion ($20.3 billion) joint venture after the companies agreed to sell spectrum to a growing mobile operator in the country.

  • February 20, 2024

    Justices Won't Weigh Nonsignatory Arbitration Issue

    The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.

  • February 20, 2024

    Hogan Lovells Repping Walmart In $2.3B Vizio Takeover

    Hogan Lovells-led Walmart Inc. announced its plans Tuesday to buy private smart television manufacturer Vizio in a $2.3 billion deal that will provide the retail giant with more places to sell ads and appeal to shoppers.

  • February 19, 2024

    Wachtell Lipton Guides Capital One On $35.3B Discover Deal

    Wachtell Lipton-advised Capital One said Monday it has agreed to acquire Discover Financial Services, guided by Sullivan & Cromwell, in a $35.3 billion all-stock deal that Capital One said will give it the ability to compete with the nation's top three credit card networks. 

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    Wyndham CEO Reports 'Expansive' FTC Query Into Takeover

    Wyndham Hotels and Resorts says that the Federal Trade Commission's "expansive" request for more information has "only increased" its concerns about the wisdom of Choice Hotels International's attempt to buy out the company without the board's blessing.

  • February 16, 2024

    Startup Countersues Trucker Tracking Co. For Stealing Tech

    A venture capital-backed startup that sells dashboard cameras to monitor truck drivers is responding to a rival's well-publicized patent infringement case by filing its own patent lawsuit in a different federal court that mirrors many of the same allegations of technological theft but pointing them in the other direction.

  • February 16, 2024

    Swimmers Tell 9th Circ. New League Was Boycotted

    The International Swimming League and swimmers urged the Ninth Circuit on Friday to revive their certified class antitrust claims against the sport's international governing body over its alleged 2018 "boycott" of an ISL event, arguing the lower court erred in finding the organization's actions didn't constitute a boycott.

  • February 16, 2024

    FCC Offers Incentives So Small Carriers Can Use Spectrum

    The Federal Communications Commission's new program to encourage spectrum licensees to divvy up their unused airwaves for sublease to smaller and more rural carriers is now up and running and accepting applications.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    Off The Bench: NHL Antitrust, Daily Fantasy Dread, ESPN Bet

    In this week's Off the Bench, the NHL faces allegations of a vast, exploitative antitrust scheme, daily fantasy operators continue facing heat from state regulators, and New York gets a new sports betting player as ESPN Bet hits the Empire State.

  • February 16, 2024

    EU Launches First In-Depth Foreign Subsidy Probe

    The European Commission is launching an investigation into whether state assistance gave a Chinese train manufacturer a leg up in its bid for a Bulgarian government contract, the authority's first investigation under the European Union's new foreign subsidies regulation.

  • February 16, 2024

    DOJ Says $3M Antitrust Deal Doesn't Fix Commission Rule

    The U.S. Department of Justice urged a Massachusetts federal court to reject a proposed $3 million settlement in an antitrust class action alleging a multiple listing service's commission rule inflated fees, saying the deal "perpetuates the very same competitive concerns that trouble the current rule."

  • February 16, 2024

    States Defend Authority To Bring Texas Google Ad Tech Case

    State enforcers have told a Texas federal court they have standing to sue Google for allegedly violating federal antitrust law with its control over key digital advertising technology, arguing that states play an important role in enforcing the statutes and that Google's dismissal bid is unfounded.

  • February 16, 2024

    NCAA, Hoopster Settle Dispute Over Betting Suspension

    The NCAA has settled a lawsuit brought by a Rutgers University basketball player who sued the organization earlier this month over claims it was trying to make him live out a punishment for sports betting violations that he had already served while a student-athlete at Iowa State University.

  • February 16, 2024

    Carl Icahn, JetBlue Strike Deal For 2 Board Seats

    JetBlue Airways said Friday it has reached a deal with Carl Icahn to place two of the billionaire's handpicked nominees on the JetBlue board, just days after Icahn unveiled a nearly 10% stake in the airline.

  • February 16, 2024

    FTC Seeing Success After Merger Setbacks

    After the Federal Trade Commission suffered stinging setbacks in challenges to deals by Meta Platforms Inc. and Microsoft, the agency has started to turn things around with several transactions dropped in the face of challenges and a pair of court rulings reinforcing its approach to merger enforcement.

  • February 16, 2024

    Taxation With Representation: Paul Weiss, Kirkland

    In this week's Taxation With Representation, Diamondback buys Endeavor, KKR & Co. acquires a stake in Cotiviti, and Gilead Sciences Inc. purchases CymaBay Therapeutics Inc.

  • February 16, 2024

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

    This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.

  • February 15, 2024

    Lenovo, Motorola Lose Injunction Bid In IP License Fight

    A North Carolina federal judge has rejected a bid from Lenovo and Motorola Mobility to block Ericsson from being able to enforce injunctions it got in other countries barring sales of Lenovo products in those countries.

  • February 15, 2024

    Shoppers Say Albertsons-Kroger Suit Shortcomings Fixed

    Consumers challenging Kroger's $24.6 billion bid for Albertsons defended their revised lawsuit in California federal court against the supermarkets' latest dismissal bid, arguing their tweaked complaint now adequately identifies the affected stores and lays out how the deal threatens competition.

  • February 15, 2024

    Google, AGs Told To Step Up Discovery In Texas-Led Suit

    A Texas federal judge on Thursday told counsel for Google and a coalition of states led by Texas that they must do a better job coordinating discovery in an antitrust suit accusing the tech giant of monopolizing the online ad market.

  • February 15, 2024

    Facebook Users Win Class Status For £2.3B Data Claim

    One year after sending a £2.3 billion ($2.9 billion) proposed class action against Meta Platforms Inc. back to the drawing board, the U.K. Competition Appeal Tribunal has agreed to certify a 44 million-strong class of U.K. consumers who say that the social media titan exploited their data.

  • February 15, 2024

    Biggest Tiremakers Sued Over Alleged Price-Fixing

    An Illinois tire buyer is piggy-backing off last month's European Commission raids of tire manufacturers in a new class action, alleging that the biggest players in the industry have been colluding to artificially inflate new replacement tire prices in the wake of the COVID-19 pandemic.

Expert Analysis

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Unraveling The Bundled Benefits Of Retail Memberships

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    The recent prevalence of paid retail memberships and the associated findings of a consumer survey suggest that assessing consumer preferences and welfare may be important when considering resolution mechanisms in antitrust contexts, say Rosa M. Abrantes-Metz at Berkeley Research Group, Mame Maloney at The Brattle Group and Jeff Brazell at the University of Utah.

  • Changes To Note In New AAA Mass Arbitration Rules

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    The American Arbitration Association updated its mass arbitration rules earlier this month — clarifying issues that were previously being litigated in front of the AAA, and significantly streamlining the process of getting to a merits arbitration for claimants who have suffered similar wrongs and are bound by mandatory arbitration clauses, say attorneys at Labaton Keller.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Antitrust Practitioners Should Address AI's Collusive Potential

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    As the sophistication of AI rapidly advances, there are also concerns that it could give rise to entirely new forms of conduct, raising serious questions as to whether and how existing antitrust principles should be applied, and a need for common understanding of the technology's implications and market impacts, says David Bamberger at DLA Piper.

  • A Potential Proactive Tool For Public-Private Joint Ventures

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    In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.

  • 5 AI Risks For Corporate Boards To Examine

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    Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.

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