Novant Health has abandoned its plans to purchase two North Carolina hospitals for $320 million after a split Fourth Circuit panel on Tuesday granted the Federal Trade Commission's bid for an emergency injunction putting the deal on hold indefinitely.
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Competition
THURSDAY, JUNE 20, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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Novant Drops NC Hospital Merger After 4th Circ. Pauses Deal

By Hayley Fowler

Novant Health has abandoned its plans to purchase two North Carolina hospitals for $320 million after a split Fourth Circuit panel on Tuesday granted the Federal Trade Commission's bid for an emergency injunction putting the deal on hold indefinitely.

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Tesla Can't Beat 'Right-To-Repair' Monopoly Suit This Time

By Lauren Berg

Tesla must face an amended proposed class action alleging the company runs an unlawful monopoly on parts for its electric vehicles, a California federal judge has ruled, finding that the plaintiffs have addressed issues in their previously dismissed complaint.

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CORRECTED: Drug Cos. PMBs Score Win In Calif. AG's Insulin Price Suit

By Gina Kim

A Los Angeles judge ruled Tuesday that the statute of limitations bars the California Attorney General's unfair competition law and unjust enrichment claims against drugmakers and pharmacy benefit managers over an alleged conspiracy to spike insulin costs, but granted leave to amend the allegations.

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Ex-CBS Sports Chair Denies Fixing NFL Sunday Ticket Price

By Craig Clough

The recently retired chairman of CBS Sports on Tuesday told a California federal jury considering multibillion-dollar antitrust claims against the NFL that his network didn't collude with the league to fix the price of the DirecTV Sunday Ticket television package.

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Qualcomm Investors Ink $75M Deal Over Licensing Practices

By Lauren Berg

Qualcomm Inc. investors asked a California federal judge to greenlight a $75 million settlement that would resolve their claims that the chipmaker misled the market by stating it kept its licensing and chip-supply businesses separate when it regularly bundled the two in negotiations and agreements.

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DOJ Says DC Circ. Shouldn't Rethink Realtor Antitrust Probe

By Jared Foretek

The U.S. Department of Justice has told the D.C. Circuit that its April decision allowing it to reopen an investigation into the National Association of Realtors doesn't conflict with any U.S. Supreme Court or circuit court decisions and that the NAR's rehearing petition should be denied.

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FTC Bristles At Axon's Citing Of Dropped Merger Case

By Bryan Koenig

The Federal Trade Commission wanted to ensure a New Jersey federal judge knew the abandonment of a case contesting Axon's purchase of a fellow police body camera company had nothing to do with the merits of the challenge, in a Monday amicus brief partially backing a proposed class action.

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Microsoft Says Starbucks Ruling Hurts FTC's Activision Case

By Jared Foretek

Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.

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INTERNATIONAL

Mastercard Cuts Time-Barred Claims From £10B Class Action

By Sophia Dourou

A London tribunal has wiped out a swathe of claims from a £10 billion ($12.7 billion) class action against Mastercard for being time-barred, dismissing allegations on Wednesday that the credit card giant had hidden information about its interchange fees from consumers.

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Swiss Watchdog Ends UBS-Credit Suisse Merger Controls

By Najiyya Budaly

Switzerland's financial watchdog said Wednesday that it has cleared the takeover by UBS of stricken rival Credit Suisse AG after finding that the rescue deal would not harm competition in any domestic market.

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Train Operator Denies Hiding Cheaper Fares From Passengers

By Sophia Dourou

A rail operator told a class action trial in London on Wednesday that allegations by rail passengers that it had concealed the existence of cheaper tickets from customers are not backed up by any evidence.

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ENFORCEMENT

FTC Escalates Probe Into TikTok's Privacy Measures For Kids

By Allison Grande

The Federal Trade Commission on Tuesday took the rare step of publicly disclosing its referral to the U.S. Department of Justice of a complaint against TikTok and its parent company over their compliance with a 2019 privacy settlement, saying there's "reason to believe" that the companies are out of step with their pledge to protect children on the platform.

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MERGER REVIEW

Latham Leads Boston Scientific On $1.16B Silk Road Deal

By Al Barbarino

Latham & Watkins-advised Boston Scientific Corp. said Tuesday it has agreed to acquire medical device maker Silk Road Medical Inc., represented by Wilson Sonsini, at an enterprise value of approximately $1.16 billion.

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Blackstone Plans Takeover Of Japan's Infocom In $1.7B Deal

By Al Barbarino

Blackstone said Tuesday it is planning to take Japanese digital comic distributor Infocom private in a deal that marks its largest private equity deal ever in Japan, worth 275 billion yen ($1.7 billion). 

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LITIGATION

Meat Plant Workers Seek OK On Latest $4M Wage-Fix Deal

By Bryan Koenig

Red meat processing plant workers have sought preliminary approval for their latest settlement over wage-fixing claims, a $4 million deal that adds American Foods Group LLC to the list of companies to cut deals that also includes JBS, Tyson, Perdue, Seaboard, Triumph and consulting firm Webber Meng Sahl & Co.

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IPhone Buyers Want Canadian Data In Amazon Antitrust Case

By Nadia Dreid

Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.

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Google's Deal With Apple Should Be Busted Up, Users Say

By Bonnie Eslinger

Counsel for consumers accusing Google of making an illegal pact with Apple to serve as the iPhone's default search engine urged a California federal judge on Tuesday to revive their dismissed antitrust suit, saying, "We're looking to bust up the contract to get competition back in the market."

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11th Circ. Orders New Shrimp Secrets Trial Over Judge's Exit

By Ivan Moreno

The Eleventh Circuit ordered a new trial in a trade secrets dispute involving breeders of disease-resistant shrimp, saying Tuesday that a magistrate judge who oversaw the trial's conclusion so that a federal judge could catch a flight exceeded his authority by answering jury questions and rejecting a defense counsel's request for clarification on damages awarded.

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Tilray, Anheuser-Busch Want Out Of Beer Contract Suit

By Mike Curley

Anheuser-Busch InBev and Tilray Brands Inc. are asking a New York federal judge to schedule a pre-motion conference to discuss their proposed motions to dismiss a suit by CraftCanTravel LLC alleging they interfered with its exclusive distribution deal, arguing the claims are baseless and speculative.

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Train Operators' Boundary-Fare Class Action Trial Opens

By Ronan Barnard

At a class action trial in London on Tuesday, rail passengers accused English rail operators of abusing their dominant market position by failing to sell cheaper tickets to some customers and forcing them to pay up to double the price for their journey.

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POLICY & REGULATION

Anticompetitive Rules Hinder BEAD Fund, Critic Claims

By Nadia Dreid

The success or failure of the $42.5 billion Broadband Equity, Access, and Deployment program lies in the "devilish details," according to one free-market think tank, which says that rules encouraging rate regulation and favoring "gold-plated" fiber technology could soon "cause havoc" if oversight is not rigorous enough.

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No Reason To Move Net Neutrality Suits To DC Circ., ISPs Say

By Christopher Cole

Nearly a dozen industry groups are calling on the Sixth Circuit to reject an effort by the Federal Communications Commission to move a raft of lawsuits over the FCC's net neutrality rules to the D.C. Circuit.

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EXPERT ANALYSIS

Orange Book Warnings Highlight FTC's Drug Price Focus

In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

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5 Steps To Navigating State Laws On Healthcare Transactions

As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

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Firms Must Rethink How They Train New Lawyers In AI Age

As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

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LEGAL INDUSTRY

19 Dem AGs Urge Law Group, Others To Ignore DEI Detractors

By Aebra Coe

A coalition of 19 Democratic state attorneys general issued a letter Thursday rebutting criticism of diversity, equity and inclusion programs within the American Bar Association, Fortune 100 corporations and law firms.

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Trump Calls For Engoron's Recusal In Civil Fraud Case

By Dorothy Atkins

Former President Donald Trump and other defendants fighting a $465 million civil fraud judgment called on New York Supreme Court Justice Arthur Engoron to recuse himself Thursday in light of a once-suspended real estate attorney's recent judicial misconduct claims, which have since sparked a judicial investigation.

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GOP Sens. Get Tough On 6th Circ. Nominee's History

By Courtney Bublé

Republican senators hammered Sixth Circuit nominee Karla M. Campbell, of counsel at Stranch Jennings & Garvey PLLC, during a hearing on Thursday about her political donations, past advisory roles and the process by which she was nominated.

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Brief

House Dems Ask Chief Justice To Say How He'll Review Ethics

By Courtney Bublé

Two top Democrats on the House Oversight and Accountability Committee asked Chief Justice John Roberts on Thursday how he's working to address the "glaring episodes" of ethical improprieties on the U.S. Supreme Court. 

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Attys Accused Of Judge Shopping Rebut Fraud Allegations

By Emily Sawicki

An Alabama federal judge is conducting an in-camera review of a long-awaited "Q&A document" believed to have circulated among attorneys accused of judge shopping their efforts to fight a 2022 state law preventing transgender youth from accessing gender-affirming care, with the lawyers handing over the document but denying allegations of misconduct.

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DLA Piper Accused Of Evading Order In Pregnancy Bias Case

By Rose Krebs

DLA Piper continues to evade a court directive to turn certain documents over to a former attorney with the firm who has filed a pregnancy bias suit, a lawyer representing the former employee has told a New York federal magistrate judge.

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Attys In Chiquita Case Say Victims Can't Proceed Together

By Carolina Bolado

A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.

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Conn. Firm Says Thomson Reuters Unit Bungled Web Overhaul

By Aaron Keller

A Thomson Reuters unit botched a portion of a $2,336-per-month contract to overhaul a Middlebury, Connecticut, law firm's website, blend its online presence into FindLaw and include its attorneys in "Super Lawyers" listings, the firm says in a state court lawsuit made public on Thursday.

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LAW FIRMS IN TODAY'S NEWS

Adam Leitman Bailey

Alioto Law Firm

Alston & Bird

Archer & Greiner

Badham & Buck

Bainbridge Mims

Baker Botts

Berger Montague

Bernstein Litowitz

Bird Marella

Blank Rome

Boies Schiller

Bonsignore Trial Lawyers

Brick Court Chambers

Brown Robert

Brownstein Hyatt

Clarick Gueron

Cohen Milstein

Conrad & Scherer

Continental PLLC

Cooley LLP

Cooper & Kirk

Copeland Franco

Covington & Burling

Cravath Swaine

Crowell & Moring

Cuneo Gilbert

DLA Piper

Davis Polk

Davis Wright Tremaine LLP

Denlea & Carton

Dominick Feld

Dowd Bennett

Farella Braun

Felhaber Larson

Freed Kanner

Freshfields

Fried Frank

Gibson Dunn

Glancy Prongay

Gross Klein

Habba Madaio

Hagens Berman

Handley Farah

Hausfeld LLP

Holland & Knight

James K. Green PA

Jenner & Block

Jonathan C. Reiter Law Firm

Jones Day

Keker Van Nest & Peters

Kirkland & Ellis

Kramer Levin

Langer Grogan

Latham & Watkins

Law Offices of Curtis V. Trinko

Law Offices of Lawrence G. Papale

Lerman Senter

Lightfoot Franklin

Lockridge Grindal

MoloLamken

Morgan Lewis

Motley Rice

Obermayer Rebmann

One Essex Court

Orrick Herrington

Parker Poe

Pearson Warshaw

Quinn Emanuel

Reed Smith

Robert & Robert PLLC

Robins Kaplan

Robinson Bradshaw

Ropes & Gray

Saveri & Saveri

Schneider Wallace

Searcy Denney

Sheppard Mullin

Shook Hardy

Sidley Austin

Skadden Arps

Slaughter and May

Stranch Jennings

Sullivan & Cromwell

Susman Godfrey

Tostrud Law Group

Trump & Trump

Umhofer Mitchell

Veen Firm

Walsh Pizzi

Weil Gotshal

Wigdor LLP

Wiley Rein

Wilkinson Stekloff

Williams & Connolly

Willkie Farr

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

ACA Connects - America's Communications Association

Activision Blizzard Inc.

Agri Stats Inc.

Alliance Defending Freedom

Alphabet Inc.

Amazon.com Inc.

American Bar Association

American Civil Liberties Union

American Foods Group LLC

Amneal Pharmaceuticals Inc.

Anheuser-Busch Inbev SA/NV

Apple Inc.

Axon Enterprise Inc.

BARBRI

Bausch Health Cos. Inc.

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Boston Scientific Corp.

ByteDance Ltd.

CBS Interactive Inc.

CTIA

CVS Health Corp.

Chiquita Brands International Inc.

Cipla Ltd.

Cottrell Inc.

Credit Suisse Group AG

ESPN Inc.

Eli Lilly & Co.

Express Scripts Holding Co.

Fox Corp.

Google LLC

Harvard University

Hormel Foods Corp.

Indiana Packers Corp.

JBS USA Holdings Inc.

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

MasterCard Inc.

Microsoft Corp.

NFL Enterprises LLC

National Association of Realtors

National Collegiate Athletic Association

National Consumer Law Center Inc.

Natural Resources Defense Council

Novant Health Inc.

Novo Nordisk A S

OptumRx Inc.

QUALCOMM Inc.

Safariland

Sanofi

Silk Road Medical Inc.

Smithfield Foods Inc.

Starbucks Corp.

Super Lawyers

TBS International Limited

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

Texas Cable Association

The DIRECTV Group Inc.

The Wireless Internet Service Providers Association

Thomson Reuters Corp.

TikTok Inc.

Tilray Inc.

Twitter Inc.

Tyson Foods Inc.

UBS Group AG

United States Telecom Association

Verizon Communications Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

Centers for Medicare & Medicaid Services

Competition Appeal Tribunal

European Commission

European Union

Executive Office of the President

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

Illinois Attorney General's Office

Judicial Conference of the United States

Los Angeles Superior Court

National Institutes of Health

National Labor Relations Board

New Jersey Supreme Court

New York Attorney General's Office

New York State Commission on Judicial Conduct

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of New Jersey

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado