Competition

  • April 23, 2024

    Small Providers Can't Meet 'Vague' Title II Rules, FCC Hears

    Small broadband providers will need at least a six-month buffer before they have to start complying with certain net neutrality mandates, should the Federal Communications Commission vote to restore open internet rules on Thursday, according to a communications industry trade group.

  • April 23, 2024

    ACLU Backs States' Power To Preempt Feds' Net Neutrality

    The ACLU is a supporter of the Federal Communications Commission's plans to usher in a new era of net neutrality later this month, but the civil rights organization is also pressing the agency to make sure that states are free to enact stricter open internet protections if they see fit.

  • April 23, 2024

    Grain Co.'s $18B Deal Raises Competition Flags For Canada

    Canada's competition enforcer said Tuesday it has concerns over grain and seed supplier Bunge Ltd.'s plan to buy global grain trader Viterra Ltd. in an $18 billion deal, saying the acquisition could result in lower prices paid to farmers and higher prices for refined canola oil.

  • April 23, 2024

    Realtors, Home Sellers Get OK For $418M Broker Rules Deal

    The National Association of Realtors and a nationwide class of home sellers on Tuesday scored a Missouri federal judge's initial approval of their $418 million settlement resolving claims that the trade group's broker commission rules caused home sellers across the country to pay inflated fees.

  • April 23, 2024

    Nexstar Calls FCC's Floated $1.2M Fine Over WPIX 'Unlawful'

    Broadcast giant Nexstar slammed the Federal Communications Commission's proposed $1.2 million penalty over its "de facto control" of New York station WPIX, saying the fine is unconstitutional and that the agency is running afoul of both the Communications Act and procedural law.

  • April 23, 2024

    CoStar Rival Is Asking To Free Ride, 9th Circ. Told

    CoStar urged the Ninth Circuit not to revive antitrust counterclaims from Commercial Real Estate Exchange Inc., despite backing from the Federal Trade Commission, arguing the rival is trying to use antitrust law to get free access to its platforms.

  • April 23, 2024

    Chinese Foam-Making Chemicals Dominate Market, Co. Warns

    The U.S. subsidiary of an Israel-based chemical manufacturer urged the U.S. government Tuesday to impose anti-dumping and countervailing duties on Chinese-origin alkyl phosphate esters, saying imports of the chemical commonly used in making polyurethane foam are taking over the U.S. market.

  • April 23, 2024

    Sugar Giants Accused Of Using Shadow Analyst To Fix Prices

    A putative class action filed in Illinois federal court on Monday accuses top sugar producers of colluding with each other since at least 2019 to illegally fix the price for white, refined table sugar, driving up the prices of granulated sugar since in "one of the steepest climbs ever."

  • April 23, 2024

    Broadcasters Support Bill To Revive Diversity Tax Certificate

    Broadcasters are supporting the recent reintroduction of a bill that seeks to increase diversity in the broadcasting industry by requiring the Federal Communications Commission to bring back a tax incentive program to facilitate the sale of broadcast stations to people of color and women.

  • April 23, 2024

    Drugmakers Hit With RICO Suit Over Insulin Price Hikes

    The world's three largest insulin manufacturers engineered an enormous increase in the price of the lifesaving diabetes medication through an "unfair and deceptive conspiracy" with household-name pharmacies, letting all involved reap extraordinary profits for 20 years, according to a lawsuit in Connecticut federal court.

  • April 23, 2024

    Cleveland-Cliffs Execs Say US Steel-Nippon Deal Is 'Dead'

    Cleveland-Cliffs Inc. executives said Tuesday that U.S. Steel is "denying reality" as it continues to pursue its $14.9 billion sale to Japan's Nippon Steel, suggesting that the deal is effectively "dead" following President Joe Biden's opposition to it and that the Ohio-based steel manufacturer remains the only viable buyer.   

  • April 23, 2024

    Virtua Says Trinity Health Won't Pay $12M ER Fight Legal Bill

    Virtua claimed Monday in New Jersey federal court that Trinity Health has backed out of an agreement to cover $12 million in counsel fees and costs incurred in a legal fight with a rival healthcare system over Virtua's acquisition of Our Lady of Lourdes Health Care Services from Trinity.

  • April 23, 2024

    Blank Rome Attys Defend Lawsuit Called A 'Pound Of Flesh'

    Partners with BigLaw firm Blank Rome LLP said they had legitimate reasons to file a lawsuit against a former attorney from the firm, rejecting accusations that their lawsuit was an effort to punish their ex-colleague for switching to the plaintiffs' bar.

  • April 23, 2024

    Md.-Based Career Public Servant Is The FTC's Newest ALJ

    The Federal Trade Commission announced the appointment of another administrative law judge on Tuesday, elevating a longtime public servant who had previously become the first female Muslim American administrative law judge at the Maryland Office of Administrative Hearings.

  • April 23, 2024

    FTC Bars Employers From Imposing Noncompete Contracts

    The Federal Trade Commission voted 3-2 on Tuesday to ban essentially all noncompete agreements that employers frequently impose on workers, leaving an earlier draft of the ban mostly unchanged other than to allow existing noncompete agreements with senior executives to remain while banning future ones for top corporate officials.

  • April 23, 2024

    Why A New York Federal Judge 'Loves' Discovery Disputes

    While discovery disputes can be a frustration for many judges and attorneys, U.S. District Judge Denise L. Cote says that she loves them because they teach her a lot about the cases she is overseeing, the parties involved and the attorneys working on them.

  • April 23, 2024

    Embattled Ex-Animal Rescue Executive Hit With TM Suit

    Last Chance Ranch, a nonprofit animal shelter and rescue based in Pennsylvania, has sued its former executive director — who was accused of stealing a kangaroo — and a new nonprofit she created, alleging unauthorized use of the shelter's name and trademarks.

  • April 22, 2024

    DOJ Antitrust Concerns Topple $960M Insulation Biz Merger

    Insulation and building material provider TopBuild Corp. said Monday it has terminated its $960 million agreement to buy mechanical insulation provider Specialty Products & Insulation from private equity firm Incline Equity Partners, saying it was unable to reach a deal with the U.S. Department of Justice over antitrust concerns.

  • April 22, 2024

    FCC Fines AT&T, Internet Co. For Discussing Auction Bids

    AT&T Services Inc. and AMG Technology Investment Group LLC have not been able to convince the Federal Communications Commission to kibosh a combined $175,000 in fines for talking to each other during the bidding process for an auction of funds to subsidize infrastructure build-out.

  • April 22, 2024

    FCC Eyes Rule Changes For Independent Video Programmers

    The Federal Communications Commission plans to explore how federal rules can better help independent video programmers thrive in a competitive media landscape and may prohibit a pair of provisions that affect their contracts with distributors.

  • April 22, 2024

    Construction Supplier's Threats Cost Rival $30M, Jury Told

    A construction supplier told a Colorado federal jury Monday that a Berkshire Hathaway-owned rival tried to smother its entry into the calcium silicate industrial insulation market, alleging the larger company warned customers to stay away from the newcomer so that it could maintain its monopoly.

  • April 22, 2024

    Kroger, Albertsons Expand Divestiture Plan

    Supermarket giants Kroger and Albertsons are willing to let go of an extra 166 stores in the hopes of swaying federal and state regulators to drop their opposition to the $25 billion grocer union, they said Monday.

  • April 22, 2024

    Gambling Co., Casinos Battle Over Shuffler Antitrust Claims

    Scientific Games successor Light & Wonder has urged an Illinois federal judge not to certify a class of automatic card shuffler buyers, even as the riverboat casinos accusing it of tricking the patent office into shoring up its shuffler monopoly argued that their claims should go to trial.

  • April 22, 2024

    Robinhood 'Meme Stock' Investors Lose New Class Cert. Bid

    A Florida federal judge has denied a bid from Robinhood investors to file a new motion for class certification in a suit over the trading platform's suspension of so-called meme stock purchases, saying the deadline for class certification has passed and the investors have not shown a good reason to extend it.

  • April 22, 2024

    Court Tosses Shipbuilders No-Poach Case As Untimely

    A Virginia federal court found that a pair of warship designers haven't shown that major shipbuilders for the U.S. military, including General Dynamics and Huntington Ingalls Industries, concealed a "gentlemen's agreement" to not poach workers from one another.

Expert Analysis

  • Behind Indiana's Broad New Healthcare Transactions Law

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    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.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • What FERC's Disclosure Demands Mean For Cos., Investors

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    Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.

  • Clemson's ACC Exit Fee Suit May Have Major Consequences

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    Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.

  • FDIC Bank Merger Reviews Could Get More Burdensome

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    Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Apple Ruling Offers Morsel Of Certainty On Litigation Funding

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    An English court's recent decision in Gutmann v. Apple, finding that a litigation funder could be paid via a damages award, offers a piece of guidance on the permissibility of such agreement terms amid the ongoing uncertainty around funded group litigation in the U.K., says Mohsin Patel at Factor Risk Management.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • 4 Ways AI Tools Can Improve Traditional Merger Analyses

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    Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

  • The Pros And Cons Of NIST's Proposed March-In Framework

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    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration

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    The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.

  • Opinion

    Aviation Watch: Not All Airline Mergers Hurt The Public

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    The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.

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