Competition

  • February 20, 2024

    FERC Greenlights $6.7B Vistra-Energy Harbor Merger

    The Federal Energy Regulatory Commission has approved a $6.7 billion proposed merger between Vistra Corp. and Ohio-based Energy Harbor LLC after taking extra time to review the tie-up amid competition concerns from both federal antitrust officials and state consumer advocates.

  • February 20, 2024

    Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI

    Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.

  • February 20, 2024

    Epic Calls Apple's $73M Fees Bid Overreach

    Epic Games blasted Apple on Friday for seeking $73.4 million in legal fees following the pair's California federal court antitrust battle over App Store payment fees, arguing that antitrust claims like Epic's are immune from legal fees and that Apple cannot wrap its demands in successful contract breach counterclaims.

  • February 20, 2024

    EU Approves Orange's €18.6B Spanish Telecoms JV

    Europe's competition enforcer on Tuesday approved a deal for Orange SA and MasMovil Ibercom SA to combine their operations in Spain through a €18.6 billion ($20.3 billion) joint venture after the companies agreed to sell spectrum to a growing mobile operator in the country.

  • February 20, 2024

    Justices Won't Weigh Nonsignatory Arbitration Issue

    The U.S. Supreme Court won't take up an oil and gas company's bid to clear up whether a nonsignatory to an arbitration agreement may play the arbitration card, the justices said Tuesday.

  • February 20, 2024

    Hogan Lovells Repping Walmart In $2.3B Vizio Takeover

    Hogan Lovells-led Walmart Inc. announced its plans Tuesday to buy private smart television manufacturer Vizio in a $2.3 billion deal that will provide the retail giant with more places to sell ads and appeal to shoppers.

  • February 19, 2024

    Wachtell Lipton Guides Capital One On $35.3B Discover Deal

    Wachtell Lipton-advised Capital One said Monday it has agreed to acquire Discover Financial Services, guided by Sullivan & Cromwell, in a $35.3 billion all-stock deal that Capital One said will give it the ability to compete with the nation's top three credit card networks. 

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    Wyndham CEO Reports 'Expansive' FTC Query Into Takeover

    Wyndham Hotels and Resorts says that the Federal Trade Commission's "expansive" request for more information has "only increased" its concerns about the wisdom of Choice Hotels International's attempt to buy out the company without the board's blessing.

  • February 16, 2024

    Startup Countersues Trucker Tracking Co. For Stealing Tech

    A venture capital-backed startup that sells dashboard cameras to monitor truck drivers is responding to a rival's well-publicized patent infringement case by filing its own patent lawsuit in a different federal court that mirrors many of the same allegations of technological theft but pointing them in the other direction.

  • February 16, 2024

    Swimmers Tell 9th Circ. New League Was Boycotted

    The International Swimming League and swimmers urged the Ninth Circuit on Friday to revive their certified class antitrust claims against the sport's international governing body over its alleged 2018 "boycott" of an ISL event, arguing the lower court erred in finding the organization's actions didn't constitute a boycott.

  • February 16, 2024

    FCC Offers Incentives So Small Carriers Can Use Spectrum

    The Federal Communications Commission's new program to encourage spectrum licensees to divvy up their unused airwaves for sublease to smaller and more rural carriers is now up and running and accepting applications.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    Off The Bench: NHL Antitrust, Daily Fantasy Dread, ESPN Bet

    In this week's Off the Bench, the NHL faces allegations of a vast, exploitative antitrust scheme, daily fantasy operators continue facing heat from state regulators, and New York gets a new sports betting player as ESPN Bet hits the Empire State.

  • February 16, 2024

    EU Launches First In-Depth Foreign Subsidy Probe

    The European Commission is launching an investigation into whether state assistance gave a Chinese train manufacturer a leg up in its bid for a Bulgarian government contract, the authority's first investigation under the European Union's new foreign subsidies regulation.

  • February 16, 2024

    DOJ Says $3M Antitrust Deal Doesn't Fix Commission Rule

    The U.S. Department of Justice urged a Massachusetts federal court to reject a proposed $3 million settlement in an antitrust class action alleging a multiple listing service's commission rule inflated fees, saying the deal "perpetuates the very same competitive concerns that trouble the current rule."

  • February 16, 2024

    States Defend Authority To Bring Texas Google Ad Tech Case

    State enforcers have told a Texas federal court they have standing to sue Google for allegedly violating federal antitrust law with its control over key digital advertising technology, arguing that states play an important role in enforcing the statutes and that Google's dismissal bid is unfounded.

  • February 16, 2024

    NCAA, Hoopster Settle Dispute Over Betting Suspension

    The NCAA has settled a lawsuit brought by a Rutgers University basketball player who sued the organization earlier this month over claims it was trying to make him live out a punishment for sports betting violations that he had already served while a student-athlete at Iowa State University.

  • February 16, 2024

    Carl Icahn, JetBlue Strike Deal For 2 Board Seats

    JetBlue Airways said Friday it has reached a deal with Carl Icahn to place two of the billionaire's handpicked nominees on the JetBlue board, just days after Icahn unveiled a nearly 10% stake in the airline.

  • February 16, 2024

    FTC Seeing Success After Merger Setbacks

    After the Federal Trade Commission suffered stinging setbacks in challenges to deals by Meta Platforms Inc. and Microsoft, the agency has started to turn things around with several transactions dropped in the face of challenges and a pair of court rulings reinforcing its approach to merger enforcement.

  • February 16, 2024

    Taxation With Representation: Paul Weiss, Kirkland

    In this week's Taxation With Representation, Diamondback buys Endeavor, KKR & Co. acquires a stake in Cotiviti, and Gilead Sciences Inc. purchases CymaBay Therapeutics Inc.

  • February 16, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.

  • February 15, 2024

    Lenovo, Motorola Lose Injunction Bid In IP License Fight

    A North Carolina federal judge has rejected a bid from Lenovo and Motorola Mobility to block Ericsson from being able to enforce injunctions it got in other countries barring sales of Lenovo products in those countries.

  • February 15, 2024

    Shoppers Say Albertsons-Kroger Suit Shortcomings Fixed

    Consumers challenging Kroger's $24.6 billion bid for Albertsons defended their revised lawsuit in California federal court against the supermarkets' latest dismissal bid, arguing their tweaked complaint now adequately identifies the affected stores and lays out how the deal threatens competition.

  • February 15, 2024

    Google, AGs Told To Step Up Discovery In Texas-Led Suit

    A Texas federal judge on Thursday told counsel for Google and a coalition of states led by Texas that they must do a better job coordinating discovery in an antitrust suit accusing the tech giant of monopolizing the online ad market.

Expert Analysis

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Planning For Stymied HSR Filings At FTC If Shutdown Occurs

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    If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, say attorneys at DLA Piper.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 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.

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