Competition

  • February 22, 2024

    Biz Group Urges OECD Candidates To Back Digital Duties Ban

    The U.S. Council for International Business laid out its priorities for countries vying to be members of the Organisation for Economic Co-operation and Development, looking to garner support for a global moratorium on digital tariffs that is set to expire in a week.

  • February 22, 2024

    FCC Dems Press Plan To Raise Broadband Speed Standards

    The Federal Communications Commission's Democratic majority will take another shot next month at raising the federal standard for broadband speeds, saying the existing minimums have lagged the private sector for too long.

  • February 22, 2024

    Wash. AG Can't Go It Alone Against Kroger Merger, Cos. Say

    Kroger and Albertsons have urged a judge to toss Washington state's "go-it-alone" bid to block their $24.6 billion merger deal, arguing the anti-competitive concerns raised by the state's attorney general are not a nationwide antitrust issue.

  • February 22, 2024

    FTC Eyes 2024 Trial For Meta Antitrust Case

    The Federal Trade Commission told a D.C. federal court its case accusing Meta Platforms Inc. of monopolizing the personal social networking market could be ready for trial later this year, despite the company saying the case is too complex to start that soon.

  • February 22, 2024

    Google Deception Upended Free Markets, Texas-Led States Say

    A Texas-led coalition of states wants a federal court in the Lone Star State to preserve claims alleging Google broke state laws against deceptive trade practices, arguing the tech giant juiced profits for years by hiding changes to its advertising auction platform from users.

  • February 22, 2024

    Hawley Calls For DOJ To Block Capital One-Discover Deal

    Sen. Josh Hawley, R-Mo., the top Republican on the Senate Judiciary Committee's Subcommittee on Privacy, Technology and the Law, is calling on the U.S. Department of Justice to block Capital One's announced $35.3 billion deal to acquire Discover Financial Services.

  • February 22, 2024

    FERC Squeezes Ketchup Co. For $27M Power Market Fraud

    The Federal Energy Regulatory Commission is proposing $27 million in penalties for a Texas company that made in-car ketchup holders and its co-owner for allegedly manipulating a Midwest grid operator's electricity markets, saying the company "operated as a fraudulent enterprise with no legitimate market activity."

  • February 22, 2024

    Deals Rumor Mill: Occidental, Kroger-Albertsons, BuzzFeed

    Occidental explores a $20 billion sale of Western Midstream, the FTC and some states could sue to block the $24.6 billion Kroger-Albertsons deal, and The Independent is taking over BuzzFeed's U.K. and Irish operations. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 21, 2024

    FTC Says Twitter Staff Prevented Musk Violating Privacy Order

    The Federal Trade Commission told the House Judiciary Committee on Wednesday that were it not for Twitter employees disobeying Elon Musk's orders to grant some reporters "full access to everything ... no limits at all" to the social media platform's systems, the company may have violated a 2022 FTC consent decree.

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    Listing Services Say Zillow Is Weaponizing Antitrust Law

    A pair of regional multiple listing services have told an Arizona federal court that Zillow is trying to use antitrust law to kill competition for its ShowingTime service, which helps real estate agents and others manage property showings.

  • February 21, 2024

    Judge Won't Strike 'Excessive' $2.3M Tobacco TM Verdict

    A federal judge in Atlanta has said he won't reduce a $2.3 million verdict against two Georgia wholesalers of cigarette rolling paper accused of selling knockoffs, saying the jury's determination on the amount of the damages is "something the court cannot second-guess."

  • February 21, 2024

    FDA Let Pharma Co. 'Sidestep' Application Rules, Court Told

    The Food and Drug Administration has been hit with a suit alleging it wrongly allowed a drugmaker to expand the scope of its application to market a generic version of a blockbuster pulmonary hypertension drug.

  • February 21, 2024

    ByteDance Can't Yet Arbitrate Ex-Coder's Wrongful Firing Suit

    A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.

  • February 21, 2024

    Auto Giants Can't Pause Neo Tech Patent MDL

    A Michigan federal judge said Tuesday he wouldn't stay multidistrict litigation by Neo Wireless alleging multiple auto companies infringed its in-vehicle cellular technology while the automakers wait for reviews of the underlying patents, saying a pause now would just delay the cases' return to their original courts.

  • February 21, 2024

    CoStar, Hotel Giants Accused Of Data-Driven Price-Fixing

    Hilton, Hyatt and other big name hotel operators are the target of a proposed class action alleging they colluded with hospitality industry analytics firm CoStar Group Inc. to fix prices in luxury hotel markets in Seattle and other major U.S. cities, according to a suit filed in Washington federal court.

  • February 21, 2024

    Actelion Cites FDA Safety Rules Against Tracleer Antitrust Suit

    Actelion Pharmaceuticals Ltd. said federal rules controlling distribution of potentially dangerous drugs spare it from antitrust litigation over its hypertension drug Tracleer, arguing it was required to deny needed samples to would-be generic competitors until they presented the right certification of safeguards.

  • February 21, 2024

    Calif. Bill Would Let AG Audit Private Equity Healthcare Deals

    California Attorney General Rob Bonta and Assembly Speaker Pro Tempore Jim Wood have filed legislation that will give the state's AG oversight of private equity and hedge fund acquisitions of healthcare facilities, saying that private equity is causing soaring consumer costs.

  • February 21, 2024

    Cheer Supply Antitrust Claims Axed Again For 'Court's Sanity'

    Plaintiffs in an antitrust suit against cheerleading supply company Varsity Brands will not be able to resurrect previously dismissed claims after a Tennessee federal judge again shot them down in order to preserve "the court's sanity."

  • February 21, 2024

    Atlantic City Hotels Want Room Rate Suit Tossed

    Atlantic City casinos said on Tuesday a suit alleging they conspired to inflate room rates should be tossed, arguing it doesn't show there was any kind of agreement between the casinos and that its claims are partially time-barred.

  • February 21, 2024

    Broker Defends Claims Against Suns Owner, Mortgage Co.

    A mortgage broker pushed back against a report recommending that a Florida federal court toss its antitrust case against the owner of the NBA's Phoenix Suns and his company United Wholesale Mortgage, saying the analysis of its conspiracy claims included several errors.

  • February 21, 2024

    Fla. Court Says BJ's Doesn't Fall Under Fuel Price Law

    A Florida appeals court ruled Wednesday that a state law banning the predatory below-cost sale of gas to the "motoring public" does not apply to membership clubs like BJ's Wholesale Club Inc. that sell gas only to members.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    Fubo Wants Sports Giants' 'Unlawful' Streaming Plan Blocked

    The streaming company Fubo asked a New York federal court on Tuesday to block a joint venture under which ESPN, Fox and Warner Bros. Discovery would combine sports portfolios into one streaming app, claiming that the plan would harm competition and result in higher prices for consumers.

  • February 20, 2024

    Bid-Rigging Suit Against Bloomberg And Turner Ruled Too Old

    A defunct drywall contractor has lost its bid to hold Bloomberg LP and Turner Construction to account for a blackballing and bid-rigging campaign, as a New York federal judge ruled the suit was filed too late despite a related appeal to the Second Circuit.

Expert Analysis

  • Lessons From Country Singer's Personal Service Saga

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • 10 Global Antitrust Trends To Anticipate In 2024

    Author Photo

    Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.

  • Global Cartel Enforcement Looks Set To Intensify In 2024

    Author Photo

    The cartel enforcement winds may strengthen this year, with the U.S. Department of Justice, as well as regulators in other countries, placing a renewed focus on pursuing international cartels and more traditional, hard-core cartel conduct, say attorneys at Simpson Thacher.

  • Series

    Baking Bread Makes Me A Better Lawyer

    Author Photo

    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

    Author Photo

    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • What Can Be Learned From Adobe-Figma Merger Termination

    Author Photo

    The Competition and Markets Authority’s role in the recent termination of the proposed Adobe-Figma merger deal indicates the regulator's intention to be seen as a strong enforcer in the technology sphere, and serves as a warning for companies to address antitrust risks early on in the merger process, say Deirdre Taylor and Molly Heslop at Gibson Dunn.

  • 7 E-Discovery Predictions For 2024 And Beyond

    Author Photo

    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 2 FCPA Settlements Illuminate Self-Disclosure, Disgorgement

    Author Photo

    Two of last year’s Foreign Corrupt Practices Act settlements — with biomedical company Lifecore and mining company Corsa Coal — suggest that the government will be much more flexible in negotiating disgorgement amounts if an entity voluntarily self-discloses misconduct, say Michael Gilbert and Lucas Amodio at Sheppard Mullin.

  • Financing Healthcare Deals In Uncertain Markets This Year

    Author Photo

    As challenges to closing and financing new deals prevail into 2024, lenders in new healthcare transactions are talking about alternative approaches for sponsors to consider, such as private credit alternatives and utilization of junior capital, say attorneys at McDermott.

  • 5 Litigation Funding Trends To Note In 2024

    Author Photo

    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 NLRA Changes To Make Nonunion Employers Wary In 2024

    Author Photo

    As the National Labor Relations Board continues pushing an aggressive pro-union agenda and a slate of strict workplace rules, nonunion employers should study significant labor law changes from 2023 to understand why National Labor Relations Act compliance will be so crucial to protecting themselves in the new year, say attorneys at Hunton.

  • Expect National Security Scrutiny Of Higher Ed To Continue

    Author Photo

    In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.

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!