Competition

  • January 19, 2021

    More Consumer Groups Settle With Tyson In Price-Fix MDL

    Two consumer groups suing Tyson Foods in long-running multidistrict litigation over alleged price-fixing in the broiler chicken industry told an Illinois federal judge Tuesday they have reached settlements with the poultry giant.

  • January 19, 2021

    DOJ Tells 11th Circ. New Law Supports Oscar's Fla. Blue Case

    The U.S. Department of Justice has told the Eleventh Circuit that a recently passed law preventing health insurance companies from claiming immunity from antitrust allegations supports Oscar Insurance's suit challenging Blue Cross Blue Shield of Florida's exclusivity rules.

  • January 19, 2021

    DOJ's Delrahim Calls For Antitrust Reforms On Way Out

    The U.S. Department of Justice's top antitrust official, Makan Delrahim, offered a laundry list of potential legislative reforms just hours ahead of his departure from the agency on Tuesday, including calling for the creation of a rulemaking board for digital markets.

  • January 19, 2021

    With Leadership Change, FTC Enforcement 'Full Speed Ahead'

    The tenure of Federal Trade Commission Chairman Joseph J. Simons, who announced his departure from the agency Tuesday, was marked by active FTC enforcement, and his successor is likely to be even more aggressive, antitrust professionals told Law360.

  • January 19, 2021

    Charter Rescinds Request To Nix Merger Conditions

    Charter Communications officially withdrew its petition seeking to end conditions imposed by the Federal Communications Commission when the cable giant merged with Time Warner Cable and Bright House Networks in a Friday letter.

  • January 19, 2021

    Lead Plaintiff In Endo Investors' Suit Slams Other Bids

    A retirement fund leading a proposed class action accusing drugmaker Endo International of artificially inflating its stock price is fighting to remain as the lead plaintiff and urged a Pennsylvania federal judge Monday to reject competing bids to replace the fund.

  • January 19, 2021

    UK Watchdog Drops Probe After Metallurgy Firms Cut Off Deal

    Tronox Holdings PLC on Monday said it would drop the planned $300 million takeover of TiZir Titanium and Iron from Eramet SA in the wake of British competition enforcers' plan to refer the deal for in-depth investigation.

  • January 19, 2021

    High Court Parses FCC's Mandate To Promote Diversity

    The U.S. Supreme Court on Tuesday questioned whether the Federal Communications Commission has collected enough data on female and minority control of broadcast stations to justify its repeated attempts to relax TV and radio station ownership rules. However, the justices also appeared open to claims that ending the limits could protect broadcasters from losing ground to cable and online media.

  • January 19, 2021

    FTC Antitrust Alum Joins Faegre Drinker As DC Partner

    A former Federal Trade Commission lawyer who has spent decades in private practice has joined Faegre Drinker Biddle & Reath LLP's litigation practice as a Washington, D.C., partner.

  • January 19, 2021

    Mylan Can't Escape EpiPen Distributors' Antitrust Claims

    A Minnesota federal judge has refused to throw out a proposed class action that accuses drugmaker Mylan Inc. of paying bribes and kickbacks to a group of pharmacy benefit managers and conspiring to engage in anti-competitive practices that jacked up the price of its anti-allergy injection EpiPen.

  • January 19, 2021

    Android Users Slam Google's 'All Or Nothing' Privacy Stance

    A proposed class of Android smartphone users urged a California magistrate judge Tuesday to keep alive claims that Google illegally harvests data to gain an advantage over rivals like TikTok, with the users arguing that Google's "broad" data-collections disclosures are insufficient, and "consent is not an all or nothing proposition."

  • January 19, 2021

    'Pharma Bro' Shkreli Again Denied Early Prison Release

    A Brooklyn federal judge has rejected "Pharma Bro" Martin Shkreli's newest plea to be released early from his seven-year prison sentence, saying the controversial former pharmaceutical executive hasn't shown how his mental health supposedly weakens his immune system and heightens his risk from the coronavirus.

  • January 19, 2021

    Amazon Hit With Another Antitrust Suit Over E-Books

    Amazon has been hit with another proposed class action, this time accusing it of scheming with five book publishers on price restraints that resulted in consumers paying "supracompetitive prices" for e-books not purchased on Amazon's website.

  • January 19, 2021

    New President, New Senate, New Antitrust Ballgame

    U.S. antitrust enforcement may be due for a shot in the arm as Joe Biden takes office, backed by Democratic majorities in both chambers of Congress and led by lawmakers who have vowed to increase funding for competition enforcement and push other reforms.

  • January 19, 2021

    FTC Head Simons Stepping Down

    Federal Trade Commission Chairman Joseph J. Simons announced Tuesday he will step down from the agency's top post on Jan. 29, paving the way for a new, Democratic FTC majority under the Biden administration.

  • January 18, 2021

    BT Faces £600M Class Action Over Landline Rates

    A BT customer has hit the U.K. telecommunications giant with a proposed class action on behalf of more than two million elderly landline users who were allegedly overcharged by £600 million ($813 million) over almost a decade, his lawyers said on Monday. 

  • January 15, 2021

    Novo Joins Challenge To HHS Pharma Discount Opinion

    Danish drugmaker Novo Nordisk Inc. on Friday joined a slew of other pharmaceutical companies challenging the U.S. Department of Health and Human Services' view that drugmakers must give discounts to pharmacies contracting with hospitals that serve low-income areas.

  • January 15, 2021

    Calif. Says AB 5 Not Blocked By Federal Franchising Law

    California wants a suit challenging its landmark worker classification law dumped without leave to amend, telling a federal court that the statute doesn't bump up against federal law and the lawsuit's preemption argument "presents a false choice."

  • January 15, 2021

    FTC Faces Steep Odds In High Court Restitution Case

    The Federal Trade Commission's chances for hanging on to its power to seek restitution for victims of consumer scams and antitrust violations in federal court look grim if sharp questions from several justices during Supreme Court arguments this past week are any indication, legal observers say.

  • January 15, 2021

    Outgoing DOJ Antitrust Chief's Greatest Hits

    The Justice Department's top antitrust enforcer, Makan Delrahim, has been sticking song references in the titles of his policy speeches throughout his tenure, most recently announcing a decision about music licensing groups in remarks titled "And the Beat Goes On." Here, Law360 takes a look at the songs Delrahim has cited ahead of his expected departure from the agency Tuesday.

  • January 15, 2021

    What To Expect In High Court's Media Ownership Review

    The U.S. Supreme Court will wade into a more than two-decade-old dispute over media ownership rules on Tuesday and at long last attempt to address the Federal Communications Commission's contrasting obligations to promote both competition and diversity among radio and TV station owners and to eliminate unnecessary constraints on who can hold broadcast properties.

  • January 15, 2021

    Amazon & Publishers Secretly Fixed E-Book Prices, Suit Says

    Amazon was hit Thursday with a proposed class action accusing the tech giant of putting a "stranglehold" on the e-book business by scheming with book publishers on price restraints that caused customers to overpay for digital books if they didn't shop on Amazon's website.

  • January 15, 2021

    FTC Studying Medical Mergers With Data From Cigna, Aetna

    The Federal Trade Commission is demanding data from some of the country's largest health insurers to help it examine the effects of "physician group and health care facility consolidation," the agency announced Thursday.

  • January 15, 2021

    DOJ Won't Scrap Long-Standing Music Licensing Orders

    The U.S. Department of Justice will leave in place a pair of court orders that have governed music licensing groups BMI and ASCAP for nearly 80 years, saying Friday that there isn't enough consensus to change or kill them right now.

  • January 14, 2021

    GE Hits Siemens Energy With Trade Secrets, Bid-Rigging Suit

    General Electric Co. on Thursday accused Siemens Energy Inc. of using its trade secrets to fix highly sought-after gas turbine contracts, telling a Virginia federal court that Siemens partly exploited the confidential information to secure contracts to augment its September initial public offering.

Expert Analysis

  • Arizona May Have Nudged US Law Firms Toward Future IPOs

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    No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

  • FTC Authority To Obtain Monetary Relief May Be Under Threat

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    Although justices asked difficult questions of both sides at the recent U.S. Supreme Court oral arguments in AMG v. Federal Trade Commission, they expressed significant skepticism of the FTC's implicit authority to seek restitution and disgorgement of the proceeds of fraud and other misconduct, say attorneys at Sullivan & Cromwell.

  • Lessons From Economic Testimony In 2020 Merger Litigation

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    A look back at 2020 antitrust cases shows why economic evidence is likely to remain a key element in merger-enforcement litigation, despite the occasional anomaly, says Julie Elmer at Freshfields.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • State AGs' 2020 Actions Offer Hints At 2021 Priorities

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    A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

  • Opinion

    A Law Of The Digital Sea Could Expand Data Rights, Oversight

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    Democracies should implement a law of the digital sea that can balance innovation with individual rights and national security by mandating personal ownership of data, rigorously enforcing antitrust law, and empowering agencies like the Consumer Financial Protection Bureau to grade cyberhygiene, says Luke Schleusener at QOMPLX.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

  • PPP Enforcement Issues To Watch In 2021

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    Derek Adams at Potomac Law, and Ellen London and Steven Deolus at Alto Litigation, examine the evolution of the Paycheck Protection Program, the impact of constant changes to eligibility and reporting rules, and enforcement developments to expect this year.

  • Perspectives

    Judges On Race: The Power Of Discretion In Criminal Justice

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    Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

  • 5 Attorney Business Development Tips For The New Year

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    Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

  • 10 Ways Antitrust Scrutiny Is Heating Up In 2021

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    Companies must prepare to navigate a storm of antitrust forces on the horizon, with the potential for more aggressive antitrust enforcement under the Biden administration, including agency focus on acquisitions of nascent competitors, the life sciences industry and monetary remedies, say attorneys at Cooley.

  • Top Court MasterCard Ruling Lowers Bar For UK Class Suits

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    Although the U.K. Supreme Court's recent decision in MasterCard v. Merricks removes some certification barriers for collective actions, aspects of the court's opinion may provide comfort for defendants, say Louise Freeman and Harry Denlegh-Maxwell at Covington.

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