Competition

  • April 03, 2024

    FCC Adopts Contested New Radio Geotargeting Rules

    Two members of the Federal Communications Commission said new rules allowing hyper-local targeting of radio broadcast content will help small and minority-owned stations after the agency passed them despite worries from larger broadcasters.

  • April 03, 2024

    Epoxy Cos. Say Unfair Trade Threatens Crucial Domestic Industry

    Epoxy resin producers have called on U.S. officials to investigate rivals in Asia for unfair trade practices, arguing Wednesday that an influx of allegedly undervalued imports is threatening the domestic supply of an item with automotive, electronic and defense applications.

  • April 03, 2024

    Anheuser-Busch 'Choking Off' Beer Supply, Distributor Says

    A New York beer distributor accused Anheuser-Busch InBev of slowly cutting off its supply using force that could only be exerted by such a "corporate behemoth," according to a suit filed in Manhattan federal court.

  • April 03, 2024

    Oil Company Says Judge's Recusal Not Needed In Cartel Suits

    Pioneer Natural Resources Co. fired back at gasoline buyers' attempt to recuse a Nevada federal judge from the parties' antitrust litigation over her stock ownership in ExxonMobil Corp., arguing that the company isn't a party to the case, and that the litigation should be transferred to Texas.

  • April 03, 2024

    FCC To Vote On Net Neutrality Plan At Late April Meeting

    The Federal Communications Commission said Wednesday the agency will vote April 25 on a Democratic proposal floated in October to restore net neutrality rules last imposed on internet services during the Obama administration, but repealed by Republicans in 2017.

  • April 02, 2024

    Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat

    Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.

  • April 02, 2024

    Broadcasters Gear Up For FCC Fight Over 'Sidecar' Deals

    The Federal Communications Commission's recent effort to fine broadcast titan Nexstar more than $1 million over a "sidecar" arrangement with a New York TV station reflects tensions between the FCC and the industry over complex ownership deals going back years.

  • April 02, 2024

    2 More Poultry Cos. Settle Wage-Fixing Suit

    Poultry processing workers sought preliminary approval Monday for deals with Case Foods Inc. and Mountaire Farms totaling $22 million that would make the companies the 10th and 11th wage-fixing defendants to settle out of a broader Maryland federal court case where total payouts reach $217.25 million.

  • April 02, 2024

    Amazon, Apple Buyers Defend Adding New Class Reps

    Attorneys for a proposed antitrust class action against Apple and Amazon say the tech giants are being unreasonable by trying to stop them from adding new class representatives to the case after the initial delegate stopped talking with his legal team.

  • April 02, 2024

    Tesla Pushed On La. Antitrust Claims In 5th Circ.

    Tesla Inc.'s claims that Louisiana car dealers and regulators illegally excluded the direct-sale automaker from the state's market met a Fifth Circuit panel Tuesday that questioned how the case might be impacted by a Pelican State probe into the company's allegedly unlawful conduct.

  • April 02, 2024

    Consumers Ask To Update Amazon Antitrust Claims

    Consumers seeking billions of dollars over allegations that Amazon's merchant contracts cause them to pay higher prices are asking a Washington federal court for permission to update their claims to include more details about the tactics the e-commerce giant allegedly used.

  • April 02, 2024

    Fanatics Exec To Take Stand In DraftKings Noncompete Suit

    A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.

  • April 02, 2024

    Qualcomm Says 9th Circ. Panel Already Heard Chip Claims

    Qualcomm is urging the Ninth Circuit to assign an appeal from phone and tablet buyers looking to revive allegations that the chipmaker uses anti-competitive licensing practices to the same panel that nixed a class certification ruling in the long-running case.

  • April 02, 2024

    Ohio Regulator Urges Justices To Review FERC Deadlock Rule

    The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.

  • April 02, 2024

    Monthly Merger Review Snapshot

    Kroger and Albertsons navigated merger challenges from the Federal Trade Commission and two separate state attorneys general, Nippon Steel tried to assuage concerns from the White House down about its planned purchase of U.S. Steel, and JetBlue Airways and Spirit Airlines abandoned their merger.

  • April 02, 2024

    NFL Rips 'Unnecessary' Compel Motion In Sunday Ticket Spat

    The NFL pushed back against the plaintiffs' efforts to revisit discovery documents in an antitrust class action over the league's Sunday Ticket broadcast package, arguing the motion to compel is a "manufactured and unnecessary dispute" over a discovery process that ended two years ago.

  • April 02, 2024

    Hagens Berman To Lead Yardi Rent Price-Fixing Class Action

    A Washington federal court tapped Hagens Berman Sobol Shapiro LLP as interim lead counsel for a putative class of renters amid a suit alleging that 11 property management companies are part of a price-fixing ring powered by an algorithm developed by Yardi Systems Inc.

  • April 02, 2024

    Investment Adviser Wants Stolen Clients Suit Trimmed

    An investment adviser and her new firm told a Florida court on Monday that the parent holding company of her former employer Mercer Global Advisors does not have standing to pursue its claims that she stole its clients and interfered with its business.

  • April 02, 2024

    Proskauer Adds 13-Year Wilson Sonsini Vet, Ex-DOJ Leader

    Proskauer Rose LLP has hired a longtime Wilson Sonsini Goodrich & Rosati PC partner who also has two decades of experience working with the U.S. Department of Justice on a range of antitrust matters, the firm announced.

  • April 01, 2024

    Warner Bros. Directors Resign Amid DOJ Antitrust Concerns

    A pair of Warner Bros. Discovery directors have resigned from the board of directors after the U.S. Department of Justice flagged potential antitrust concerns over them sitting on both the Warner Bros. board as well as the board of Charter Communications, the agency announced Monday.

  • April 01, 2024

    RICO Claims Fail In Suit Against Developer, Judge Says

    A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.

  • April 01, 2024

    Mixed Ruling Readies Vegas Newspapers For Trial

    A Nevada federal judge has teed up the Las Vegas Review-Journal and the Las Vegas Sun for a contentious trial with a decision nixing Review-Journal antitrust counterclaims, preserving core Sun antitrust claims and holding the Review-Journal to an agreement to distribute the papers as a single product.

  • April 01, 2024

    NY Bill Threatens Public Broadband Networks, Advocates Say

    Public broadband advocates are saying new language in a New York state bill would undermine their push for locally owned and operated wireless networks by requiring that state funding only go to projects for "unserved and underserved" areas instead of making the grant money available to any locality that wants to own its own network.

  • April 01, 2024

    Split 9th Circ. Says Court Can Void Pot Co.'s TM Applications

    A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.

  • April 01, 2024

    Wireless Cos. Push Back On Neutrality For Network 'Slicing'

    The mobile services industry is fighting public advocates' efforts to make sure so-called network "slicing" is covered by net neutrality rules the Federal Communications Commission is planning to reimpose on internet providers.

Expert Analysis

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • The Latest Antitrust Areas For In-House Counsel To Watch

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    The U.S. Department of Justice and the Federal Trade Commission's increasingly aggressive approach to antitrust enforcement means in-house counsel should closely monitor five key compliance issues, say attorneys at Squire Patton.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • Opinion

    Proposed Rule Could Impair MDL Flexibility, Harm Plaintiffs

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    While proposed Federal Rule of Civil Procedure 16.1 is intended to enhance the management of multidistrict litigation proceedings, its one-size-fits-all requirements could stifle the flexibility that judges need to address the varying circumstances of MDLs effectively, and jeopardize plaintiffs' ability to pursue justice, say Christopher Seeger and Jennifer Scullion at Seeger Weiss.

  • Litigation Funding Implications Amid Post-PACCAR Disputes

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    An English tribunal's recent decision in Neill v. Sony, allowing an appeal on the enforceability of a litigation funding agreement, highlights how the legislative developments on funding limits following the U.K. Supreme Court's 2023 decision in Paccar v. Competition Appeal Tribunal may affect practitioners, say Andrew Leitch and Anoma Rekhi at BCLP.

  • Healthcare Collabs Can Alleviate Labor, Antitrust Challenges

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    Two major challenges facing hospitals and health systems include labor shortages and increased antitrust scrutiny at both federal and state levels, but collaborative efforts may help with addressing these difficulties, says Sumaya Noush at McDermott.

  • FTC AI Inquiry Signals Intensified Focus On Emerging Tech

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    The Federal Trade Commission's recent inquiry into investments and partnerships between Big Tech companies and artificial intelligence startups appears to be directed at guiding future enforcement decisions in competition, privacy and consumer protection — and three principles discussed at a related tech summit give insight on the agency's approach, say attorneys at Skadden.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Assessing Merger Guideline Feedback With Machine Learning

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    Large language modeling appears to show that public sentiment matches agency intent around the new merger control guidelines from the Federal Trade Commission and U.S. Justice Department, says Andrew Sfekas at Cornerstone Research.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • What Cos. Evaluating M&A Can Glean From Latest HSR Report

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    The recently released Hart-Scott-Rodino report for fiscal year 2022 helps unearth important data points for companies as they evaluate potential transactions, including that, despite a historically low enforcement rate, the number of actions exceeds the number of second requests for the first time in nearly 20 years, say Ryan Quillian and John Kendrick at Covington.

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