Competition

  • March 25, 2024

    3 Class Claims Follow US Antitrust Suit Against Apple

    Days after the U.S. Department of Justice filed a sweeping antitrust suit against Apple in New Jersey federal court, a group of iPhone buyers are filing suit, launching three separate proposed class actions between Friday and Saturday accusing the tech giant of suppressing innovation in the digital apps, wearables and payments industries through anticompetitive agreements.

  • March 25, 2024

    Cable Biz Org. Seeks Delay Of Title II Regs On Small Providers

    A cable industry group is pressing the Federal Communications Commission to defer by six months imposing "core" Title II rules on small internet service providers if it decides to move ahead with a net neutrality regime in the coming months.

  • March 25, 2024

    Amgen Sues Colorado After Drug's 'Unaffordable' Rating

    Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," saying the board is using unconstitutionally "unguided discretion" to impose arbitrary price controls on patent-protected drugs.

  • March 25, 2024

    PacBio CEO's Words Haunt Patent Invalidity Arguments

    A California federal judge concluded Monday that statements made by the chief executive officer of biotech company Pacific Biosciences to investors at an earnings call undermined the company's invalidity arguments in a patent suit it's facing.

  • March 25, 2024

    FTC Intervenes In Teva-Amneal Row To Push Patent Delisting

    The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.

  • March 25, 2024

    Varsity Brands Says It Will Pay To Settle Cheer Antitrust Case

    A Tennessee federal judge Monday rejected Varsity Brands' request for a one-week pause on an antitrust lawsuit brought by the parents of cheerleader athletes while the two sides hash out details of a settlement, arguing there are no impending deadlines making a stay necessary.

  • March 25, 2024

    Sunday Ticket Plaintiffs Rip NFL For 'Privileged' Name Games

    The plaintiffs in the antitrust class action against the NFL over its Sunday Ticket broadcast package have accused the league of hiding behind a front-office executive, with an inaccurate job title, to claim that vital documents were privileged and did not need to be disclosed.

  • March 25, 2024

    Qualcomm Halts Plan To Buy Israeli Biz Under Regulatory Heat

    The Federal Trade Commission is celebrating Qualcomm's decision to abandon its attempts at acquiring an Israeli company that makes chips that allow vehicle-to-vehicle communication after too much regulatory pushback.

  • March 25, 2024

    3rd Circ. Won't Rethink AbbVie Privilege Ruling

    The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.

  • March 25, 2024

    Google Faces Consolidated Trial Over Antitrust Claims

    Google will face a consolidated megatrial combining two lawsuits over alleged anti-competitive violations involving its app store, with the Competition Appeal Tribunal ruling Monday that factual evidence in the two major trials can be heard together.

  • March 25, 2024

    Owens Corning Extends $3.9B Masonite Deal Review

    Construction materials manufacturer Owens Corning has agreed to give antitrust enforcers more time to review a planned $3.9 billion deal to purchase door-maker Masonite International Corp.

  • March 25, 2024

    EU Says Lufthansa Deal Could Harm Air Transport Competition

    Europe's antitrust authority said on Monday that Lufthansa's plan to buy a 41% stake in ITA Airways for €325 million ($352 million) could lead to higher prices and poorer service for passengers taking flights in and out of Italy.

  • March 25, 2024

    Tech Giants Face 1st Probe Under EU Digital Markets Rules

    Alphabet, Apple and Meta are being investigated by the European Union over whether they comply with the Digital Markets Act, the first probes launched under regulations aimed at reining in the power of Big Tech, the bloc's executive arm said Monday.

  • March 22, 2024

    Meta Can't Stop FTC Privacy Tweaks, Feds Say

    The Federal Trade Commission told the D.C. Circuit that Meta Platforms Inc. cannot nitpick the agency's structure to dodge in-house proceedings over proposed revisions to a $5 billion data privacy settlement between the commission and the social media giant.

  • March 22, 2024

    Cheerleading Giant Varsity Spirit Must Face Antitrust Suit

    A Texas federal court has refused to toss a suit accusing Varsity Spirit of working with competitive cheerleading governance bodies to boycott potential rivals and maintain its dominance over the sport.

  • March 22, 2024

    Nexstar Faces $1.2M Fine For 'De Facto' Control Of NY Station

    The Federal Communications Commission has floated a $1.2 million fine against TV giant Nexstar Media Group Inc. after discovering it obtained "de facto" control of a New York City station and exceeded the FCC's 39% national ownership cap.

  • March 22, 2024

    Google Can Arbitrate Collusion Claims While Apple Beats Suit

    For the second time, a California federal judge has forced into arbitration antitrust claims brought by a Golden State crane operator training school accusing Google of paying off Apple to not develop its own search engine while dismissing the rest of the claims against both tech behemoths.

  • March 22, 2024

    Amazon, Apple Say Antitrust Attys Can't Ditch 'Fatal' Class Rep

    Amazon and Apple say plaintiffs' counsel in a proposed antitrust suit should be stuck with their class representative, who apparently ghosted his attorneys, arguing the lawyers should have to live with a plaintiff whose purchasing habits undercut the suit's very premise.

  • March 22, 2024

    Google Loses New Trial Bid After Epic Games' Antitrust Win

    A California federal judge denied Google LLC's bid for a new trial and teed up for a May hearing on a possible court-ordered injunction against the tech giant, following Epic Games' jury win on antitrust claims related to Google Play Store and Android apps.

  • March 22, 2024

    Flyers Say JetBlue-Spirit Deal Case Not Done, Push For Win

    The private plaintiffs challenging the failed JetBlue-Spirit merger indicated they're not done despite the companies' abandonment of the deal, pushing a Massachusetts federal court to grant them a win on their antitrust claims.

  • March 22, 2024

    Home Sellers Hope $58M Compass Deal Helps Spur Others

    Compass Inc. announced Friday that it would pay home sellers $57.5 million in the first settlement since the National Association of Realtors reached its own deal this month to pay $418 million and overhaul rules that have effectively restricted how brokers buy and sell homes and how they're paid.

  • March 22, 2024

    US Antitrust Enforcers Keep Big Tech Cases Coming

    A backlash against powerful tech companies is reaching a fever pitch in the U.S., as enforcers with the U.S. Department of Justice and the Federal Trade Commission now have pending lawsuits accusing Apple, Amazon, Google and Meta of monopolizing key digital markets.

  • March 22, 2024

    Off The Bench: Ohtani Lawyers Up, UFC Settles, ACC Clash

    MLB superstar Shohei Ohtani enlists a Hollywood boutique to advise him amid a still-unfolding sports betting scandal, UFC forks over $335 million to settle a wage class action and Clemson's bid to join a new conference spills into court. Catch up with the sports and betting stories that had Law360's readers talking with this week's Off The Bench.

  • March 22, 2024

    Commerce Lifts Block On Transnational Subsidy Probes

    The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.

  • March 22, 2024

    US Greenlights Novartis' $2.9B MorphoSys Takeover

    Germany's MorphoSys AG said Friday it has received U.S. antitrust clearance for the biopharmaceutical company's planned $2.9 billion sale to Swiss Pharma giant Novartis AG, a development that clears the final regulatory hurdle needed before closing the deal. 

Expert Analysis

  • Expect National Security Scrutiny Of Higher Ed To Continue

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    In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.

  • Antitrust And ESG: Maximizing Targets, Ensuring Compliance

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    Jennifer McAlpin at Verizon and Michaela Spero at Amadeus consider the convergence of antitrust and environmental, social and corporate governance factors, providing an executive overview of areas to watch, including mergers and acquisitions, as well as practical implementation tips for general counsel.

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • Opinion

    Noncompete Report Misinterpreted Critique Of FTC Proposal

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    A recent report on core questions surrounding the use of employee noncompete agreements published by the Economic Innovation Group misconstrues our stated views on the issue — and we stand behind our conclusion that the Federal Trade Commission made misrepresentations when proposing a rule to ban such provisions nationwide, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Opinion

    Waiving COVID-19 IP Protections Would Harm US Industry

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    President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • The Year Ahead In Foreign Investment And National Security

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    In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.

  • Navigating Class Actions After Papa John's Settlement Denial

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    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • The Space Law And Policy Outlook For 2024

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    Expect significant movement in space law, regulation and policy in 2024, as Congress, the administration and independent federal agencies like the Federal Communications Commission address the increasingly congested, contested and competitive nature of space and the space industry, say Paul Stimers and Leighton Brown at Holland & Knight.

  • Antitrust Enforcement Initiatives To Watch In 2024

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    The U.S. Department of Justice is likely to prioritize information-sharing prosecutions in 2024, following last year's withdrawal of safe harbors, as well as labor market enforcement after trial losses forced a pullback in 2023, say attorneys at Fried Frank.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

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