Competition

  • January 21, 2022

    Calif. Ends Price-Fixing Fight With Japanese Auto Parts Co.

    California's beef with Japanese auto parts maker KYB Corp. over its role in a scheme to fix the price of shock absorbers quietly ended Thursday when the state's attorney general dropped its suit, declaring the matter fully settled.

  • January 21, 2022

    Online Broker Appeals Oregon's Win Over Real Estate Fees

    An online real estate brokerage has appealed to the Ninth Circuit to take up its challenge to Oregon regulations that prohibit brokers from paying rebates to buyers after they close on a home purchase.

  • January 21, 2022

    Tillis Slams DOJ's Plan To Revise Policy On Essential Patents

    Sen. Thom Tillis, R-N.C., the top Republican on the Senate's intellectual property subcommittee, criticized U.S. Department of Justice officials over a recent draft policy statement seeking to reverse a Trump-era policy that made it easier for holders of standard-essential patents to seek injunctive relief in court.

  • January 21, 2022

    Google Says States' Ad Antitrust Suit Stifles 'Market Forces'

    Google accused antitrust watchdogs of bridling the free market on Friday as the data giant asked a New York federal judge to dismiss the bulk of 17 attorneys generals' claims that it monopolizes online display advertising.

  • January 21, 2022

    'Data-Rich' Sources Can ID Niaspan Class, 3rd Circ. Told

    Antitrust advocacy groups want the Third Circuit to reverse a Pennsylvania federal judge's decision refusing to certify a class of end-payors alleging improper pay-for-delay settlements between AbbVie and Teva Pharmaceuticals delaying generic forms of cholesterol drug Niaspan, arguing there's ample data to identify class members.

  • January 21, 2022

    Yandex Cuts Deal Ending Russian Self-Preferencing Case

    Amid debate among U.S. lawmakers over legislation that would bar large technology platforms from favoring their own products and services, Russia's antitrust watchdog has entered a settlement with internet giant Yandex requiring the company to end similar practices.

  • January 21, 2022

    FCC Looks To Ink Apartment Internet Choice Rule

    The Federal Communications Commission is getting the ball rolling on a measure to promote competition and increase choice for broadband services for people living and working in apartments.

  • January 21, 2022

    Virtual Events Co. Sues To Block Ex-Exec From Zoom Role

    Global virtual events and cloud communications venture Intrado Digital Media LLC has sued a former sales executive who jumped to Zoom Video Communications, seeking an injunction in Delaware Chancery Court barring the ex-employee from giving away trade secrets and proprietary market information.

  • January 21, 2022

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

    The past week in London has seen more than 3,000 motorists go after a German carmaker, Fladgate LLP face a professional negligence claim from an investment group, and a Hungarian airline sue the publisher of its in-flight magazine. Here, Law360 looks at these and other new claims in the U.K.

  • January 21, 2022

    DOJ Antitrust Division Names Permanent Deputy

    The U.S. Department of Justice has named Doha Mekki as its permanent deputy assistant attorney general for its Antitrust Division, after she first took on the role on an acting basis in November.

  • January 20, 2022

    Judge In Citigroup Bond-Rigging Case Says He Held Co. Stock

    The New York federal judge who presided over sprawling investor litigation involving Citigroup held stock in the company while overseeing the bond-rigging allegations, a court clerk informed the parties in the case on Thursday.

  • January 20, 2022

    Apple Fires Back At Ericsson In IP War, Seeks ITC Import Ban

    Apple Inc. has filed a complaint with the U.S. International Trade Commission seeking to block imports of Ericsson mobile base station communication equipment it says infringes on three of its wireless technology patents — the latest strike in a heated patent battle between the two tech giants.

  • January 20, 2022

    Online 'Self-Preferencing' Antitrust Bill Heads To Senate Floor

    A major antitrust reform bill that would prohibit Big Tech companies from skewing search results to favor their own content cleared the Senate Judiciary Committee on Thursday, even as critics worried the legislation hands too much power to federal enforcers and poses cybersecurity risks.

  • January 20, 2022

    Epic Urges 9th Circ. To Revive Antitrust Claims Against Apple

    Epic Games told the Ninth Circuit in a brief on Thursday that Apple's App Store policies violate antitrust law and that a lower court was wrong to reject the bulk of its suit targeting restrictions that prevent competing app stores and payment methods.

  • January 20, 2022

    Covid Tester Escalates BCBS Pay Fight With Antitrust Claims

    COVID-19 testing provider GS Labs LLC is escalating a multimillion-dollar dispute with Blue Cross Blue Shield's Kansas City, Missouri, unit over test-reimbursement claims that the insurer says are "grossly inflated" by hitting back with antitrust counterclaims accusing the BCBS branch of suppressing competition for tests.

  • January 20, 2022

    Qualcomm Says Leahy Is Wrong, Apple Can't Appeal Loss

    Qualcomm has told the U.S. Supreme Court that Apple, and an amicus brief supporting it from Sen. Patrick Leahy, misstated the law on appellate standing when arguing that Apple was improperly prevented from appealing inter partes review decisions upholding two Qualcomm patents.

  • January 20, 2022

    Sutter Judge 'Optimistic' Virus Won't Further Delay Jury Trial

    A California federal magistrate judge expressed optimism Thursday that the jury trial in a decade-old $489 million class action alleging Sutter Health engaged in anti-competitive practices can begin Feb. 9 after being derailed by the COVID-19 pandemic, saying she'll require 100% masking and allow some witnesses to appear remotely.

  • January 20, 2022

    Facebook Tells 9th Circ. App Developers Lack Standing

    Facebook has told the Ninth Circuit that developers accusing it of violating antitrust law through acquisitions and by cutting off access to its network were not injured by the alleged activity and thus have no right to sue, while the developers insist the moves completely or partially destroyed their businesses.

  • January 20, 2022

    NCAA Members Vote To Adopt New Streamlined Constitution

    National Collegiate Athletic Association schools and conferences voted to adopt a new constitution, following a months-long process to revamp the role of the college sports governing body following its major loss at the U.S. Supreme Court last year.

  • January 20, 2022

    Alsup Mulls $113M Atty Fees In $454M Glumetza Antitrust Deal

    U.S. District Judge William H. Alsup said on Thursday he will grant final approval to $454 million in settlements resolving direct Glumetza buyers' class claims that drugmakers plotted to delay the generic version of the blockbuster diabetes drug, but said he's still weighing attorneys' $112.8 million fee bid.

  • January 20, 2022

    Va. Judge Forced Off IP Case Over Wife's Cisco, Oracle Stock

    U.S. District Judge Liam O'Grady has stepped back from a decade-old suit accusing Cisco and Oracle of infringing a TecSec Inc. data encryption patent after finding out his wife has direct control of her stock holdings in the two tech giants.

  • January 20, 2022

    Beef Packers Must Process Perdue's Cattle, Mo. Judge Rules

    A Missouri federal judge granted Perdue Premium Meat Company Inc.'s bid for a temporary restraining order Thursday in its contract suit against Missouri Prime Beef Packers, requiring the Kansas-based meat processing company to continue to abide by their agreement, which Missouri Prime claimed would make it insolvent.

  • January 20, 2022

    HCA Monopolizes Orthopedic Surgeries In Florida, Suit Says

    An orthopedic surgical practice sued HCA Holdings Inc. on Wednesday, claiming that the health care company has attempted to monopolize the orthopedic surgical market in Sarasota, Florida, by partnering with local practices and then refusing to properly maintain their facilities, pushing patients to HCA hospitals.

  • January 19, 2022

    Delaware Justices Doubtful Of Solar Co.'s Coverage Bid

    The Delaware Supreme Court on Wednesday appeared skeptical as to whether the so-called fundamental identical standard applies to determining whether two underlying actions against a solar panel manufacturer allege the same facts and are therefore barred by a policy's related claims exclusion.

  • January 19, 2022

    Video Ad Co. Had Its Chance, Google Tells 11th Circ

    Google urged the Eleventh Circuit on Tuesday not to revive antitrust claims from a flagging digital media advertising company, arguing the firm already blew its chance to rejigger claims that the search giant took a number of illegal steps to capitalize on the industrywide transition away from Flash videos and force widespread use of its HTML5 alternative.

Expert Analysis

  • Germany's Google Controls Illustrate Global Antitrust Trend

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    Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

  • What To Expect From Merger Guideline Modernization

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    The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Biden's Antitrust Shift May Play Out On The Golf Course

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    The Biden administration's tougher stance on antitrust enforcement could bring about changes in professional golf, particularly restrictions on non-PGA tournaments and broadcasts, says Tad Lipsky at George Mason University.

  • Antitrust's 1900s Nostalgia In The US And Beyond

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    President Joe Biden's appointees will continue to pursue a return to a previous antitrust era this year — the Federal Trade Commission, in particular, is dusting off its old tools — and similar developments are occurring in Europe and Asia, says Maureen Ohlhausen at Baker Botts.

  • 5 Global Digital Markets Regulatory Issues To Watch In 2022

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    Francesco Liberatore at Squire Patton lays out the key regulatory developments that will affect global digital markets this year, from new enforcement measures aimed at electronic communications services in the European Union to increased cooperation between antitrust officials in the U.S., U.K. and EU.

  • Opinion

    FTC Merger Policy Shifts May Spur Uncertainty And Risk

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    The Federal Trade Commission's recent measures to reshape enforcement priorities on vertical merger guidelines, prior approval and warning letters may increase uncertainty for companies seeking approval for their transactions, and require earlier attention to the process, say attorneys at Wiggin and Dana.

  • Orphan Drug Approval Takeaways From Recent FDA Data

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    Contrary to lawmakers' claims that generic drugs have been delayed or deterred from the marketplace by the Orphan Drug Act’s regulatory process, trends in recent data from the U.S. Food and Drug Administration show that orphan drug approvals are not pursued later solely to deter generic entry, say Omar Robles at Emerging Health and Katherine Jones at Bates White.

  • Opinion

    FTC Should Rethink Market Issues In Facebook Case

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    The Federal Trade Commission's antitrust prosecution of Meta Platforms, formerly Facebook, may have survived the initial litigation stage this week, but the case still does not embrace the markets it purports to fix, says David Reichenberg at Cozen O'Connor.

  • Takeaways From White Collar Criminal Enforcement In 2021

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    White collar criminal prosecutions were up in 2021, with recent high-profile fraud trials, the Biden administration's enforcement priorities and the continuing effects of the COVID-19 pandemic potentially reversing the previous trend of slumping white collar prosecutions, say attorneys at Keker Van Nest.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • How Health Cos. Can Minimize Consolidation Risk

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    Mergers among health providers face high regulatory risk at the same time that the pandemic and other factors are increasing pressure to consolidate, but adapting presentations to regulators' new perspectives, and consideration of other types of collaborations, can help, says David Dahlquist at Winston & Strawn.

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