Competition

  • July 02, 2024

    Apple Says It's Too Early For Discovery In DOJ Antitrust Case

    There's no need to get the ball rolling on discovery in the U.S. Department of Justice's case accusing Apple of monopolizing the smartphone market until the New Jersey federal court overseeing the case decides if it's going to dismiss it entirely, the tech giant argued.

  • July 02, 2024

    Chamber, Pharma Slam Colorado Drug Price Controls

    The U.S. Chamber of Commerce and a prominent pharmaceutical industry group have urged a Colorado federal court to bar a state review board from setting price controls on prescription drugs, arguing that the practice is "irreconcilable" with federal patent law.

  • July 02, 2024

    ACC Invokes 'Casablanca' In Media Rights Row With Clemson

    The 1942 Hollywood classic "Casablanca" was given some airtime on Tuesday in a North Carolina state courtroom when the Atlantic Coast Conference, in seeking to prevent dismissal of its suit over media rights, drew a comparison between Clemson University and the duplicitous character of Captain Louis Renault.

  • July 02, 2024

    Samsung Accuses Broadcom of Illegal Tying In Antitrust Suit

    Samsung is taking one of its former mobile chip suppliers to California federal court in an antitrust lawsuit, accusing Broadcom of illegally tying products and using exclusive purchase agreements to squeeze component competitors out of the market.

  • July 02, 2024

    Health Data Co. Alleges Contract Breach, Seeks Del. TRO

    A Blue Cross Blue Shield Association healthcare data licensee has sued for a Delaware Court of Chancery injunction that would bar a client from sharing a valuable database of BCBS medical and pharmacy claims with direct competitor Cigna Corp.

  • July 02, 2024

    4th Circ. Won't Rethink Google Ad Subpoena Decision

    The Fourth Circuit denied a request on Tuesday to reconsider its ruling finding that a South Carolina agency must respond to Google's document request for a case accusing the tech giant of monopolizing key digital advertising technology.

  • July 02, 2024

    Conn. Justices Send Trade Secrets Row Back To Trial Court

    The Connecticut Supreme Court ordered a "limited" new trial Tuesday in a trade secrets case that pit Dur-A-Flex Inc. against numerous companies tied to research chemist Samet Dy, its former employee, finding error in the lower court's rulings on issues including damages and the enforceability of Dy's noncompete agreement.

  • July 02, 2024

    2nd Circ. Won't Revive Broadway Producer's Blacklisting Suit

    The Second Circuit declined Tuesday to undo the tossing of an antitrust lawsuit brought by a Broadway producer who accused a stage workers union of illegally putting him on a "do not work" list, ruling that the union is shielded from liability since it acted in legitimate self-interest.

  • July 02, 2024

    ​​​​​​​Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 150 times in June on issues including broadband map accuracy, next-generation 911, prison phone rates, a new missing-persons code and rules to restrict bulk billing in apartment buildings.

  • July 02, 2024

    Gov't Urged To Gauge TransDigm Deals' Effect On Defense Biz

    Three Democratic lawmakers are pressing the U.S. Department of Defense and antitrust enforcers to review an aerospace company's recent acquisition of two other companies, citing antitrust and price gouging concerns.

  • July 02, 2024

    Bond-Rigging Suit Revived Over Judge's Wife's Stock Conflict

    The Second Circuit on Tuesday revived a proposed class action accusing big banks of rigging corporate bonds, ruling that the New York federal judge who previously dismissed the suit should have recused himself due to his wife's ownership of Bank of America stock.

  • July 02, 2024

    FTC Challenges Tempur Sealy's $4B Mattress Firm Deal

    The Federal Trade Commission moved Tuesday to block Tempur Sealy International Inc.'s planned $4 billion purchase of Mattress Firm Group Inc., saying the world's largest mattress supplier intends to use the deal to block its rivals from accessing the largest retail mattress chain in the U.S.

  • July 01, 2024

    High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

    By ending its term with a stinging combination against federal agencies, the U.S. Supreme Court's conservative bloc left behind a bruised bureaucracy and a regulatory system that's now vulnerable to a barrage of incoming attacks.

  • July 01, 2024

    Visa, Mastercard Judge Says Apple Fee Case Should Exit MDL

    The Brooklyn federal judge handling multidistrict litigation over Visa and Mastercard merchant fees on Monday suggested that a case alleging the credit card companies had agreements with Apple that violated antitrust law should be sent back to Illinois federal court, saying the facts in the case are not similar enough.

  • July 01, 2024

    Enforcers Push Antitrust Agenda, Brace For Google Ruling

    The first half of 2024 was marked by U.S. antitrust enforcers' pursuit of groundbreaking cases alleging anticompetitive conduct.

  • July 01, 2024

    State AGs Get Stay Lifted In Generic Drug Pricing Litigation

    A Connecticut federal judge on Monday agreed to lift a partial discovery stay in a trio of generic drug pricing antitrust suits led by the attorneys general of New York and Connecticut, according to a short, text-only order posted to each of the case dockets.

  • July 01, 2024

    German Co. Says Burford Fight Can Be Litigated

    A company suing the German arm of law firm Hausfeld LLP for allegedly trying to circumvent a German ban on contingency fees in certain antitrust litigation is arguing that its discovery request to litigation funder Burford Capital for use in the Hausfeld litigation doesn't belong in arbitration in London.

  • July 01, 2024

    FCC Chief Says Time Right To Reexamine Bulk Billing In Apts.

    The Federal Communications Commission needs to consider establishing rules that would limit bulk billing deals for broadband service because its record on the issue is outdated, FCC Chair Jessica Rosenworcel told a Florida Democrat concerned that new rules could harm low-income consumers.

  • July 01, 2024

    DOL's Overtime Rule Survives Texas Marketer's Injunction Bid

    A Texas federal judge refused Monday to grant a marketing company's request to block a U.S. Department of Labor rule that raises the salary thresholds for claiming overtime-exemption under federal law, saying the firm failed to show it will be harmed by the new standards.

  • July 01, 2024

    Commerce Bulks Up Chinese Pea Protein Duties To 355%

    The U.S. Department of Commerce announced final countervailing duties topping 355% for four Chinese makers of pea protein, while producers considered to be under government control will face anti-dumping duties approaching 270%.

  • July 01, 2024

    Delta Dental Wants Antitrust Claims Standard Decided Now

    Delta Dental has asked an Illinois federal judge to decide now — prior to ruling on a class certification bid — on the standard of review applicable in a case launched by service providers alleging the dental insurance system and its members are violating antitrust law through a $13 billion scheme to restrict competition.

  • July 01, 2024

    NJ Judge Tosses J&J Unit's Libel Claim Over Talc Study

    A New Jersey federal judge has tossed a bankrupt Johnson & Johnson unit's libel suit over a scientific article linking talcum powder to mesothelioma, ruling the challenged statements in the article are scientific conclusions protected by the First Amendment.

  • July 01, 2024

    Lack Of 'Diligence' Dooms Conn. IT Co.'s Contract Suit

    A Connecticut state judge has thrown out a lawsuit brought by an information technology company that accused a rival of poaching a municipal contract with the city of Hamden in violation of a subcontracting agreement, writing that the parties did not file a joint schedule by a court-ordered deadline.

  • July 01, 2024

    White & Case Veteran To Co-Head Global Comp Practice

    White & Case LLP announced Monday the addition of a second chair for its still-growing global competition practice, elevating a 16-year firm veteran to co-chair the group.

  • July 01, 2024

    Meta 'Pay Or Consent' Model Breaches Digital Rules, EU Says

    Meta's "pay or consent" advertising model for Facebook and Instagram users does not comply with the European Union's Digital Markets Act, the bloc's antitrust watchdog said in preliminary findings on Monday.

Expert Analysis

  • Online Portal Helps Fortify Feds' Unfair Health Practices Fight

    Author Photo

    The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

    Author Photo

    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Birkin Bag Case Carries Competition Lessons For Retailers

    Author Photo

    A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

    Author Photo

    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

    Author Photo

    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Expect An Increase In Robinson-Patman Act Enforcement

    Author Photo

    Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.

  • The Drawbacks Of Banking Regulators' Merger Review Plans

    Author Photo

    Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.

  • Opinion

    The FTC's Noncompete Rule Is Likely Dead On Arrival

    Author Photo

    The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • Class Actions At The Circuit Courts: April Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • McKesson May Change How AKS-Based FCA Claims Are Pled

    Author Photo

    The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

    Author Photo

    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • Deciding What Comes At The End Of WTO's Digital Tariff Ban

    Author Photo

    Companies that feel empowered by the World Trade Organization’s recent two-year extension of the ban on e-commerce tariffs should pay attention to current negotiations over what comes after the moratorium expires, as these agreements will define standards in international e-commerce for years to come, say Jan Walter, Hannes Sigurgeirsson and Kulsum Gulamhusein at Akin Gump.

  • FTC Noncompete Ban Signals Rising Labor Focus In Antitrust

    Author Photo

    The Federal Trade Commission’s approval this week of a prohibition on noncompete agreements continues antitrust enforcers’ increasing focus on labor, meaning companies must keep employee issues top of mind both in the ordinary course of business and when pursuing transactions, say attorneys at Skadden.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

    Author Photo

    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • Behind Indiana's Broad New Healthcare Transactions Law

    Author Photo

    The high materiality threshold in Indiana's recently passed healthcare transaction law, coupled with the inclusion of private equity in its definition of healthcare entities, makes it one of the broadest state review regulations to date, say attorneys at DLA Piper.

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!