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Competition
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January 13, 2025
FTC Says It Has Power To Modify Meta Privacy Order
The Federal Trade Commission has rejected Meta's argument that the agency lacks authority to modify a $5 billion data privacy settlement as the social media giant continues fighting an order barring it from monetizing children's data.
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January 13, 2025
Shippers Accused Of Overcharging Motorists In £100M Trial
A group of shipping companies caused motorists to pay higher prices for their vehicle than they would otherwise have done by artificially inflating delivery charges, lawyers for the vehicle owners said at the start of a £100 million ($121.4 million) class action trial Monday in London.
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January 13, 2025
DOJ Litigator Who Tried Google Antitrust Case Joins Weil
A U.S. Department of Justice attorney who was part of the government's team challenging alleged monopolization practices by Google has moved to Weil Gotshal & Manges LLP, the firm announced Monday.
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January 13, 2025
Proskauer Faces Revived DQ Bid In NJ Hospital Antitrust Fight
CarePoint Health is once again pushing to have Proskauer Rose LLP disqualified as counsel for healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit in New Jersey federal court, asserting that a magistrate judge erred in previously denying its request.
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January 13, 2025
CFIUS Grants Nippon, US Steel Extension To Abandon Deal
The government committee that reviewed Nippon Steel's proposed $14.9 billion acquisition of U.S. Steel before President Joe Biden blocked the deal earlier this month has granted an extension until June for the companies to abandon the deal, according to a U.S. Steel securities filing Monday.
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January 13, 2025
Apple Accused At Trial Of 'Eliminating' App Store Competition
Apple was accused Monday of "eliminating" competition to its App Store, allowing it to charge developers excessively high commissions that cost consumers up to £1.5 billion ($1.8 billion), as the first U.K. class action trial against a Big Tech company started.
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January 13, 2025
Justices Won't Hear Bid To Quash Antitrust Probe Of Realtors
The Supreme Court refused on Monday to review the National Association of Realtors' bid to block a reopened U.S. Department of Justice antitrust investigation of the trade group's rules.
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January 13, 2025
High Court Won't Scrutinize Huge Class Of Meta Advertisers
The U.S. Supreme Court declined Monday to assess the certification of an enormous class of businesses that social media colossus Meta Platforms allegedly defrauded by inflating the reach of Facebook and Instagram advertisements, upping the odds of a major payout in the closely watched case.
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January 10, 2025
Intuitive Rips VP's Credibility In Robo-Surgery Antitrust Trial
An ex-Surgical Instrument Service executive testifying Friday in a federal antitrust trial over claims Intuitive Surgical abuses its market power said hospitals welcomed its service extending an Intuitive surgical robot component's life, but Intuitive's lawyer slammed the executive's credibility by noting his firing over abusing expenses and other concerns.
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January 10, 2025
Comcast Urges 2nd Win Over Viamedia Market Shutout Claims
Comcast and Viamedia clashed Friday over whether an Illinois federal judge should decide if Comcast's platform connecting spot cable providers to advertisers is a one- or two-sided platform as she determines whether Viamedia's market monopoly claims should go to trial, as the Seventh Circuit once envisioned.
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January 10, 2025
Feds Back Musk's Microsoft-OpenAI Board Overlap Concerns
The U.S. Department of Justice and Federal Trade Commission weighed in Friday on Elon Musk's California federal lawsuit against OpenAI, arguing that the artificial intelligence research organization and its co-defendant Microsoft can't fight claims of improper board overlap just by saying the overlap has ended.
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January 10, 2025
Infosys Files Antitrust Counterclaims In Trade Secrets Suit
Healthcare payments software company Infosys has hit back with antitrust counterclaims against Cognizant TriZetto Software Group's Texas federal court suit accusing Infosys of abusing its system access to develop competing services.
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January 10, 2025
Telescope Indirect Buyers Want $10.6M Fees In Antitrust Fight
Class counsel for a group of indirect purchasers who struck a $32 million settlement with Celestron and other companies in an antitrust case accusing them of conspiring to increase the prices of telescopes asked a California federal judge Thursday to grant $10.67 million in attorney fees and $771,461 in costs.
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January 10, 2025
Fed. Circ. Revives Novartis Entresto Patent In MDL
The Federal Circuit on Friday revived a patent covering Entresto, a blockbuster heart failure drug made by Novartis, as part of multidistrict litigation where the company has tried to block generic versions of the product.
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January 10, 2025
4 Trends That Will Shape Venture Capital Funding In 2025
Venture capital funding appears primed to improve in 2025 as market participants shake off the effects of a post-pandemic crash, with surging demand for artificial intelligence, expectations of friendlier government policies, and more exits through public listings and acquisitions.
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January 10, 2025
Loggers, Landowners Ask 9th Circ. To Revive Antitrust Suit
A group of loggers and landowners have asked the Ninth Circuit to revive their case accusing Iron Triangle LLC of monopolizing logging and related services in part of the Pacific Northwest after a lower court's dismissal.
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January 10, 2025
What's Next After Fed. Circ. Limits Orange Book Listings?
Under the Federal Circuit's recent ruling that patents must claim a drug's active ingredient to be included in the U.S. Food and Drug Administration's Orange Book, many patents may be listed improperly, but their fate and the ruling's impact on generic competition are far from settled, attorneys say.
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January 10, 2025
Ga. Law Firm Latest To Fight Corporate Transparency Act
A federal law designed to combat money laundering violates the U.S. Constitution by forcing lawyers to disregard attorney-client privilege, a Georgia lawyer told a federal court, joining a chorus seeking legal action to stop the law.
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January 10, 2025
NASCAR Loses Bid To Toss Racing Teams' Antitrust Suit
A North Carolina federal judge on Friday denied NASCAR's motion to dismiss a lawsuit lodged by two racing teams that accused the organization of maintaining a monopoly, saying it is too early to determine a dismissal because the teams sufficiently alleged antitrust claims.
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January 10, 2025
Hog Supplier's Contract Tussle With Smithfield OK'd For Trial
A former hog supplier in North Carolina can take some of its breach of contract claims to trial in a lawsuit alleging Smithfield Foods Inc.'s pricing practices were a death knell for the supplier's swine operations, according to a newly unsealed state Business Court opinion.
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January 10, 2025
Off The Bench: Venu Deal Off, Fox Suit, Gender Rules Wobble
In this week's Off The Bench, a last-minute merger ends litigation over the new sports streaming service Venu, only for its backers to mothball the project entirely, Fox Sports is rocked by lurid sexual harassment claims, and a federal judge knocks down an attempt to expand transgender discrimination protections.
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January 10, 2025
NC Machinery Co. Says Rival Lied To Hide Trade Secrets Theft
A North Carolina machining tools manufacturer is suing the American arm of its Germany-based rival in state Business Court, claiming the competitor has been hiring away its talent to acquire its trade secrets and then misrepresenting its job descriptions to hide the alleged scheme.
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January 10, 2025
Wright Must Detail $108M Damages Claim Against Accusers
Joshua Wright, a former commissioner of the Federal Trade Commission, must reappear for a deposition to answer previously unanswered questions posed by two women he's suing for defamation on the details of his $108 million damages claim against them, a Virginia judge ruled Friday.
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January 10, 2025
Lawyer Seeks New Trial Against Blank Rome Attorneys
A lawyer who lost her malicious-litigation case against Blank Rome LLP attorneys and an aviation company in Philadelphia last month has moved for a new trial in Pennsylvania federal court, citing what she called "numerous errors committed by the district court" in her first trial.
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January 10, 2025
EU Greenlights $35B Synopsys-Ansys Deal With Remedies
The European Commission said Friday it has conditionally approved Synopsys Inc.'s proposed $35 billion acquisition of Ansys Inc. after the companies agreed to certain divestitures, as the megadeal continues to make regulatory progress across jurisdictions.
Expert Analysis
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Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'
The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Opinion
FTC's Report Criticizing Drug Middlemen Is Flawed
The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.
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8 Issues AI Firms May Encounter As M&A Action Accelerates
As the AI merger climate heats up, potential complications may arise, including antitrust scrutiny, talent retention agreements, and aggressive and protective deal terms intended to compensate for lofty valuations, say Scott Schwartz and Kishan Barot at Manatt.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Takeaways From Novo Nordisk's Fight For Market Exclusivity
Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.