Competition

  • July 30, 2021

    BJ's Says Keurig's Coffee Monopoly Brews Up Higher Prices

    BJ's Wholesale Club launched an antitrust suit Friday against Keurig Green Mountain, claiming the single-serve coffee company's death grip on the market forced it to overpay on the hundreds of millions of dollars of product it purchased from Keurig in recent years.

  • July 30, 2021

    Gov't Google Suits Implicate Trillions Of Pages Of Docs

    A dispute over when Google will produce samples of the journeys taken by search users highlights the enormous amount of raw data implicated in lawsuits brought by the U.S. Department of Justice and state attorneys general accusing the company of monopolizing search advertising.

  • July 30, 2021

    FERC Asks DC Circ. To Keep Mitts Off Grid Builder Decision

    The Federal Energy Regulatory Commission told the D.C. Circuit Friday that it didn't do anything wrong when it closed a probe into the way a New England power transmission operator was implementing a certain competition rule, but it isn't the panel's place to hear a challenge to its decision in the first place.

  • July 30, 2021

    FTC Drops AndroGel Antitrust Case Against AbbVie

    The Federal Trade Commission is dropping its long-running case accusing AbbVie of illegally delaying generic versions of the testosterone treatment AndroGel, saying Friday the case shows enforcers need new legislation to help them recover money for consumers.

  • July 30, 2021

    NCAA To Mull Major Reforms With 'Constitutional Convention'

    The NCAA said Friday it will consider major structural changes to its governance of college sports through a "constitutional convention" after the organization suffered a major defeat at the U.S. Supreme Court earlier this year and has been pushed to allow athletes to be paid for their names, images and likenesses.

  • July 30, 2021

    Illinois Hospitals' Merger Would Stifle Competition, Suit Says

    Outpatient surgical center Marion HealthCare LLC filed suit in Illinois federal court Thursday to block Southern Illinois Hospital Services’ proposed merger with a nearby hospital, arguing it would eliminate competition and contribute to rising costs for patients.

  • July 30, 2021

    UK Also Probing Facebook's Kustomer Deal

    The U.K.'s Competition and Markets Authority announced Friday that it is investigating Facebook Inc.'s planned purchase of customer relationship management service provider Kustomer, following a similar move by the European Commission earlier this year.

  • July 30, 2021

    Judge Willing To Vacate Soccer Teen's Ruling Per Settlement

    An Oregon federal judge said Thursday she would vacate orders that cleared the way for teenage soccer phenom Olivia Moultrie to go pro if it resolves the 15-year-old's antitrust claims against the National Women's Soccer League, but that she needs an assist from the Ninth Circuit to do so.

  • July 30, 2021

    Biggest Merger Review Developments Of 2021 So Far

    The year started off with two high-profile deals abandoned in the face of pressure from U.S. enforcers determined to stop so-called killer acquisitions. Now, antitrust practitioners are waiting for decisions on a number of pending merger challenges. Here, Law360 looks at the major developments so far in 2021 as the new administration gears up for a busy second half.

  • July 30, 2021

    Mass. Dealerships Say Volvo Shorts Them On Service Pay

    A pair of Massachusetts Volvo dealers Thursday accused the Swedish automaker of underpaying them for maintenance they perform under prepaid service plans in violation of a Bay State law designed to level the playing field between dealerships and powerful manufacturers.

  • July 30, 2021

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

    This past week in London has seen Cantor Fitzgerald & Co. sue an Indian bank, eight insurers go after British construction giant John Wood, and Visa and MasterCard face new competition claims. Here, Law360 looks at those and other new claims filed in the U.K.

  • July 29, 2021

    Amazon's Fulfillment Pressure Hurt 135M Buyers, Suit Says

    An Amazon customer hit the online shopping behemoth with a putative antitrust class action suit in Washington federal court seeking to represent 135 million fellow customers, alleging Amazon effectively forces its sellers to purchase its "Fulfillment by Amazon" services, thereby hurting competition and driving up prices.

  • July 29, 2021

    6th Circ. Judge Suggests Hospital Row Shouldn't Be In Courts

    A Sixth Circuit judge suggested Thursday that a lower court shouldn't have bothered issuing a preliminary injunction barring ProMedica Health System Inc. from terminating insurance contracts with rival St. Luke's Hospital in Ohio and the hospital's physicians group.

  • July 29, 2021

    MDL Objections In Big Tech Ad Monopoly Suits Perplex Judge

    A member of the Judicial Panel on Multidistrict Litigation on Thursday rebuked publishers and advertisers objecting to centralizing a Texas-led antitrust suit against Google with a slew of private actions accusing the company of monopolizing the display advertising market, saying their protest "is a little perplexing."

  • July 29, 2021

    11th Circ. Tosses Ala. Dental Board's SmileDirect Appeal

    An Eleventh Circuit panel rejected an appeal from members of the Alabama dental board on Thursday, applying a standard set by a recent en banc ruling by the court in a similar case involving Georgia's dentistry board that determined the regulators aren't entitled to an early appeal.

  • July 29, 2021

    Calif. High Court Will Take Up Doctor Group's Aetna Fight

    California's top court will decide whether the California Medical Association has standing to sue Aetna over threats the insurer allegedly made to doctors who referred their patients to out-of-network peers.

  • July 29, 2021

    Travel Site Owner Drops JetBlue Antitrust Suit

    The company behind travel site CheapOair asked a New York federal court to drop its suit accusing JetBlue Airways of blocking access to its flight information in an effort to reduce competition for air fares.

  • July 29, 2021

    Senate Panel OKs Antitrust Package Aimed At Drug Pricing

    The U.S. Senate Judiciary Committee passed a slew of bills Thursday that would increase the Federal Trade Commission's ability to crack down on a variety of anti-competitive practices that lawmakers say have driven up drug prices for years, sending the legislation to the floor for a vote.

  • July 29, 2021

    Royal Bank Of Canada Unit Let Out Of Forex Rigging Suit

    A subsidiary of the Royal Bank of Canada has been let out of an investor suit brought against more than a dozen global banks for allegedly plotting to manipulate foreign exchange rates, with a New York federal judge granting a dismissal bid for the subsidiary but not the parent company.

  • July 29, 2021

    Pepsi Loses 8th Circ. Appeal Of Bottler's $3M Jury Win

    The Eighth Circuit has refused to scrap a nearly $3 million contract verdict against PepsiCo, ruling that dramatic closing arguments from the company's former bottling partner walked "right up to the line of impropriety" but did not cross it.

  • July 29, 2021

    Koch Foods, Ex-Pilgrim's Execs Charged With Price-Fixing

    Grand juries in Denver have charged Koch Foods and several former Pilgrim's Pride executives with criminal charges as part of an ongoing investigation of an alleged price-fixing conspiracy in the broiler chicken industry, the U.S. Department of Justice said Thursday.

  • July 29, 2021

    Three Firms Fined £100M For Overpriced Thyroid Drug

    Britain's antitrust watchdog said Thursday it has hit Advanz and two other companies with more than £100 million ($140 million) in fines after finding that the drugmaker had inflated the price of tablets for a thyroid condition by 1,110%.

  • July 29, 2021

    Google Hit With £920M Antitrust Suit Over App Store Charges

    Google has been hit with a £920 million ($1.3 billion) lawsuit on behalf of more than 19 million Android users in Britain for allegedly abusing its market dominance by charging "excessive" commissions on app sales, Hausfeld & Co LLP said on Thursday.

  • July 28, 2021

    McDonald's Workers Lose Cert. Bid In No-Poach Dispute

    An Illinois federal judge declined Wednesday to certify a nationwide class of McDonald's workers challenging no-poach provisions in franchise agreements, finding that the workers weren't all members of the same national labor market.

  • July 28, 2021

    Amid FTC Row, GOP Reps. Invite Agency Whistleblowing

    New Federal Trade Commission Chair Lina Khan's aggressive push to ramp up enforcement, already under fire by her Republican FTC colleagues, drew the ire Wednesday of House GOP lawmakers who encouraged agency staffers to email an inbox set up for "whistleblowers."

Expert Analysis

  • A Potential Shift In Antitrust Deferred Prosecution Agreements

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    The U.S. Department of Justice's deferred prosecution agreement with Argos suggests that the Antitrust Division may be changing its approach to evaluating compliance policies, placing less emphasis on a program's adequacy at the time of the offense, say attorneys at McDermott.

  • How SEP Holders Can Mitigate The Effects Of Holdout

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    Faced with systemic holdout, which causes marketplace distortions and disincentivizes innovation, standard-essential patent holders can adjust their fair, reasonable and nondiscriminatory license terms and conditions to mitigate the negative effects by using payment schedules, say economists at Competition Dynamics.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • New FTC Mergers Approach Raises Risks For Buyers, Sellers

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    In rescinding a 1995 policy statement last week, the Federal Trade Commission likely seeks to more regularly impose "prior approval" obligations for future transactions in its merger cases, which changes the risk profile for buyers and sellers negotiating antitrust provisions in deal agreements, say Jon Dubrow and Noah Feldman Greene at McDermott.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Data Trends To Watch In M&A And Competition Investigations

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    With an uptick in mergers and acquisitions and dramatic shifts in the data landscape, practitioners need to understand the myriad emerging trends affecting regulatory oversight, second requests, merger clearance and competition investigations, and avoid data-related problems that might derail deals, say Andrea Levine and Tim Anderson at FTI Consulting.

  • What Food Industry Can Expect After Biden Antitrust Order

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    President Joe Biden's recent executive order will bring an increased focus on competition law from four federal agencies, so food and agriculture companies should anticipate and incorporate changes in their standard operating procedures with respect to antitrust policy and compliance, say attorneys at Faegre Drinker.

  • Recent SPAC Settlement Signals SEC Enforcement Wave

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    The U.S. Securities and Exchange Commission's recent settlement with special purpose acquisition company Stable Road — and its sponsor, CEO and proposed merger target — over false representations to investors illustrates the agency's heightened focus on policing SPAC transactions and should prompt participants to ensure adequate due diligence, say attorneys at Pillsbury.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Biden Competition Order May Shift Ocean Carriers' Course

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    President Joe Biden's recent executive order on promoting competition in the American economy has the potential to reshape the shipping business and could mark the beginning of a significant move to increase regulation against unfair, unreasonable and anti-competitive practices by ocean carriers, say attorneys at K&L Gates.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Opinion

    FTC Should Take Nuanced Approach On Noncompete Regs

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    In response to President Joe Biden’s recent executive order encouraging the Federal Trade Commission to regulate employer noncompete agreements, the agency should approach potential rulemaking with restraint by focusing on fair and transparent use of such agreements, says Russell Beck at Beck Reed.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

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