Competition

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Merger Enforcers End Year On Upswing

The Biden administration's antitrust enforcers have boasted that one side effect of their aggressive approach to merger enforcement has been helping stop problematic deals from being cut in the first place, but the agencies also scored key court rulings blocking transactions in their final year that could have a more enduring effect.
January 17, 2025
No Conflict In Judge's Friendship, John Deere, Farmers Say

John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.
January 17, 2025
Google Judge Says Apple Intervention Could Open 'Floodgates'

A D.C. federal judge seemed skeptical Friday about allowing Apple Inc. to intervene in legal wrangling between Google and the U.S. Department of Justice over the proper fix for Google's search monopoly, raising concerns that granting intervention would pave the way for other companies to do the same.
January 17, 2025
MSN Wants Generic Entresto Launch After Patent Expired

MSN Pharmaceuticals asked the Federal Circuit Friday to let it launch its generic version of Novartis' blockbuster heart drug Entresto while the drugmakers continue their litigation over a newly expired patent, by lifting a temporary injunction barring that launch.
January 17, 2025
Epic Wary Of Apple's Privilege Claims As Doc Review Wraps

Epic Games' counsel took issue with the rising number of privilege assertions Apple is maintaining over its discovery documents in their ongoing antitrust compliance fight, telling a magistrate judge Friday he's "frankly surprised and concerned" by the sudden increase as Apple's privilege-assertion rereview draws to a close.
January 17, 2025
Ex Raided Conn. Burrito Joint's TM, Co. Accounts, Suit Says

The owner of Connecticut Tex-Mex restaurant and coffeehouse TJ's Longboard Burritos LLC told a Connecticut federal court that his ex-girlfriend launched a similar nearby eatery called TJ's Burritos Bloomfield LLC and is responsible for changes to his passwords, his cook's departure, bills to his accounts, disappearing tequila and tanking his sales by 40%.
January 17, 2025
DOJ Wants No Jail Time For Cross-Border Monopoly Member

The U.S. Department of Justice has told a Texas federal judge that a woman who pled guilty to conspiring to monopolize cross-border sales of used vehicles should be sentenced to up to 14 months of home detention.
January 17, 2025
MultiPlan Wants Antitrust Claims Over Pricing Tools Tossed

MultiPlan and several major insurance companies urged an Illinois federal court to toss claims that they schemed to fix reimbursement rates, saying the pricing tools at issue do not hurt the healthcare providers that are bringing the case.
January 17, 2025
NC Biotech Co. Can't Restrain Co-Founder's Rival Business

A biotechnology company can't stop its co-founder from conducting research and soliciting customers at his new company using what it believes is stolen confidential information, a North Carolina state court judge said Friday, pointing to a lack of urgency and glaring holes in the record.
January 17, 2025
PE Firm Resolves FTC's Antitrust Anesthesia Roll-Up Case

Private equity firm Welsh Carson Anderson & Stowe agreed to limit its involvement, entanglement and ownership rights with its portfolio company U.S. Anesthesia Partners Inc. to resolve allegations they engaged in a "roll-up" scheme to buy anesthesiology practices in Texas and drive up costs, the Federal Trade Commission said Friday.
January 17, 2025
Junior Players Claim Hockey Leagues Violate Antitrust Laws

Two major junior club players are seeking a preliminary injunction to prevent the professional hockey leagues in the U.S. and Canada from enforcing an "oppressive" rule that limits where the athletes can play, arguing the practice is illegal and harmful to players.
January 17, 2025
US Steel Can't Quicken Probe Into Alleged Merger Plot

U.S. Steel won't get an expedited look into communications between rival Cleveland-Cliffs Inc. and the United Steelworkers to look for evidence of an alleged conspiracy to sabotage its $14.9 billion merger with Japan's Nippon Steel Corp., after a Pittsburgh federal judge deemed the request "premature" on Friday.
January 17, 2025
Mich. Local Power Rule Needs Stricter Scrutiny, 6th Circ. Says

A split Sixth Circuit panel said a requirement for Michigan electricity suppliers to source some of their power locally may be unconstitutional and must be reviewed again by a lower court because it disadvantages out-of-state energy producers.
January 17, 2025
Users' Google Suit Can Advance With Pared Search Claims

Winnowed consumer antitrust claims against Google can move forward after a California federal judge said Thursday that while users failed to resurrect claims of an agreement keeping Apple out of online search, they've now adequately accused Google of stifling would-be rivals with fewer ads or more privacy.
January 17, 2025
Off The Bench: Arrest In NBA Betting Probe, 76ers' Arena Deal

In this week's Off The Bench, the betting fraud investigation with a former National Basketball Association player at the center produces another arrest, the Philadelphia 76ers pull out of one new arena agreement and sign up for another, and a champion fighter is accused of assaulting a woman at a basketball game.
January 17, 2025
Hogan Lovells Lands Quinn Emanuel IP Litigator In SF

Hogan Lovells has brought on a former longtime Quinn Emanuel Urquhart & Sullivan LLP partner in its San Francisco office, bolstering its intellectual property practice with an experienced trial and appellate lawyer who has guided technology companies such as Google in IP litigation.
January 17, 2025
FTC Accuses Pepsi Of Giving Advantage To Favored Retailer

The Federal Trade Commission on Friday accused Pepsi of giving a big box retailer better terms and promotional payments, putting smaller competitors at a disadvantage.
January 16, 2025
FCC Rejects TV License Attacks As Leadership Switch Nears

The Federal Communications Commission rejected four controversial petitions targeting major news broadcasters Thursday, dispensing with the cases just days before Donald Trump reclaims the White House and installs a Republican majority on the commission.
January 16, 2025
UK CMA Settles Sports Betting Company Divestiture

Spreadex has appealed an order from the U.K.'s competition enforcer commanding it to sell off a sports betting company that it acquired in 2023, but in the meantime, it is taking all the necessary steps to comply with the agency's order.
January 16, 2025
GOP Describes FTC Dems' Last Days As 'Farcical,' 'Senseless'

Democratic enforcers at the U.S. Department of Justice and Federal Trade Commission are on a blitz of guidelines and complaints in their last days at the agencies, a push increasingly assailed by FTC Republicans who've said Democratic-specific efforts to enshrine antitrust safeguards for workers and more "has no future."
January 16, 2025
Crypto Firm DRW Wants Out Of SEC's 'Scorched Earth' Suit

The crypto-trading arm of DRW Holdings says it has become the latest target of the U.S. Securities and Exchange Commission's "scorched-earth enforcement campaign against the crypto-asset industry" in its bid to dismiss a suit alleging it engaged in more than $2 billion in unregistered crypto transactions.
January 16, 2025
2nd Circ. Revives Wonderful Pistachios' Trade Dress Case

The Second Circuit revived a trademark infringement complaint from The Wonderful Co. LLC and Cal Pure Produce against pistachio-selling rival Nut Cravings Inc., saying Thursday that the plaintiffs plausibly alleged a likelihood of confusion in how each company's products are packaged, contrary to what a Manhattan federal judge concluded in dismissing the case.
January 16, 2025
Gov't Wants Time During Epic, Google's 9th Circ. Face-Off

When Epic Games and Google face off next month at the Ninth Circuit, the federal government is hoping it will get a few minutes to state its case for why the appellate court shouldn't overturn an order forcing Google to allow alternative app stores on its platform, the government said in a recent motion.
January 16, 2025
Antitrust's 'Moment' Has Arrived, Thanks To Biden Enforcers

As President-elect Donald Trump retakes the White House, with antitrust picks operating under a mandate to go after Big Tech and "censorship" with enforcement that's vigorous, but not stifling, which key parts of President Joe Biden's competition law legacy may last and what won't are coming into focus.
January 16, 2025
EpiPen Direct Buyers, Mylan Ink $75M Antitrust Deal

Mylan Pharmaceuticals has agreed to pay $73.5 million to resolve claims it worked with Pfizer to inflate the price of the latter's popular auto-injecting emergency allergy medication EpiPen, a proposed class of direct purchasers told a Kansas federal judge Wednesday, bringing the total settlement to $123.5 million.
January 16, 2025
Merck Defends 3rd Circ. Win In Mumps Vaccine Antitrust Case

Merck urged the Third Circuit not to reconsider a ruling that immunized the company from antitrust claims over submissions it made to federal regulators for its mumps vaccine, arguing the appeals court was right to find the submissions were protected.

Editor's Picks

Google Ad Tech Trial: 15 Days On The Rocket Docket

The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
FTC Withdraws From Feds' Merger Review Labor Pact

The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
US Antitrust Holds Fast: No 'Environmental Justice' Goals

A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.

Expert Analysis

Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
Mass Arbitration Procedures After Faulty Live Nation Ruling

Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
Small Biz Caught In Corporate Transparency Act Crossfire

Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
Forecasting The Future Of The FTC Post-Inauguration

The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
US-China Deal Considerations Amid Cross-Border Uncertainty

With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
Nippon, US Steel Face Long Odds On Merger Challenge

Following the Committee on Foreign Investment in the United States' review of Japan's Nippon Steel's proposed acquisition of U.S. Steel, the companies face a formidable uphill battle in challenging the president's exercise of authority to block the deal on national security grounds, say attorneys at Kirkland.
Opinion

No, Litigation Funders Are Not 'Fleeing' The District Of Del.

A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
Top 10 Noncompete Developments Of 2024

Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
5 E-Discovery Predictions For 2025 And Beyond

In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
What's Ahead As Transparency Act Comes To A Crossroads

Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
What To Expect From Federal Cybersecurity Policy In 2025

There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
4 Trade Secret Developments To Follow This Year

Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.