Competition : Law360 : Legal News & Analysis (2024)

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Takeaways From The FTC's Noncompetes Ban

The first legal challenges to the Federal Trade Commission's new ban on essentially all noncompete agreements that employers impose on workers have already been filed, but questions remain, not just on the rule's legal viability, but also on the likelihood of follow-on rulemakings and the rule's exact reach.

UK Antitrust Watchdog To Investigate Veterinary Market

The antitrust regulator said on Thursday it had launched a full investigation into the veterinary sector, after it had provisionally raised concerns about poor competition in pricing and access to medicine for pets.

Pryor Cashman Atty Accused Of 'Brazen' Hose Patent Fraud

An attorney for Pryor Cashman LLP and his client were accused Wednesday in Florida federal court of engaging in a "brazen" scheme to usurp a hose company's rights to a patent portfolio while also defrauding the U.S. Patent and Trademark Office.

Activist Investor Must Face Exxon's Suit Over Proxy Proposal

A Texas federal judge Wednesday refused to dismiss an Exxon Mobil Corp. lawsuit against a U.S.-based activist investor over a now-withdrawn shareholder proposal concerning climate change, saying it isn't certain they won't refile their proposal in the future.

Calif. Justices Debate Time To Sue To Change Insurer's Practices

A California state attorney urged the California Supreme Court on Thursday to revive a policyholder's Unfair Competition Law claim against State Farm, saying the law's four-year statute of limitation applies over an insurance law's one-year period because the policyholder is seeking a change to its claim-handling practices, not damages.

ATM Plaintiffs Must Share New Data In Visa, Mastercard Suit

A D.C. federal judge ordered ATM operator plaintiffs on Wednesday to turn over updated data showing average interchange fees and transaction surcharges at the center of a discovery dispute in their long-running class action against Visa and Mastercard, telling the plaintiffs that she wanted to err on the side of "liberal discovery."

Antitrust Judge Questions Apple's Phil Schiller On New Fees

A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.

Zillow Trade Practices Case Meets Skeptical Conn. Judge

A federal judge in Connecticut on Wednesday seemed skeptical of a real estate sales associate's proposed class action complaint against Zillow Inc., suggesting that the website's "Zestimates" of home values are protected by the First Amendment during a summary judgment hearing on the sole remaining claim in the dispute.

Likely NCAA Deal Negates Need For Transfer, Athletes Say

Athletes suing the National Collegiate Athletics Association in Colorado over compensation rules have told a Colorado federal judge that the NCAA may have undermined its own bid to transfer the suit to California, citing recent news reports that the NCAA is in settlement talks in two other cases in the Northern District of California.

Justices' CFPB Alliance May Save SEC Courts, Not Chevron

A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

Accepting Price-Fix Tech Invite Can Be Enough: DOJ Official

An advisor to the Justice Department's top competition official continued to argue Wednesday that signing onto a price setting algorithm can be enough to trigger antitrust liability if the program was billed as fixing prices.

Ga. Hospital Says Own Bylaws Are Not Grounds For Suit

Counsel for a major Georgia hospital urged a state appellate court Wednesday to shut down a lawsuit from a doctor who said the medical center poached his patients, arguing that the hospital gets to "enjoy broad authority" about whom its doctors treat.

Axon Says Deal Saved 'Vital' Services In Antitrust Case

Axon Enterprise Inc. is looking to toss allegations that it monopolized the Taser and body-worn camera markets, arguing that its acquisition of a body camera supplier preserved vital services for police departments while a trio of municipalities said the deal resulted in higher prices.

Insurance Co. Says Ex-Underwriter 'Lured' Away Colleagues

An insurance brokerage and its affiliate have accused a former high-ranking company official of decamping for a competitor and encouraging colleagues to follow suit, according to a complaintdesignated Wednesday to North Carolina Business Court.

Teva, Bristol-Myers Cite Bystolic Against Cancer Drug Case

Celgene and parent Bristol-Myers Squibb pointed a New Jersey federal judge to the dismissal, recently upheld by the Second Circuit, of an antitrust suit over delayed generic competition to AbbVie's hypertension treatment Bystolic to argue the same logic applies to their bid to duck antitrust claims over cancer therapies.

House Dems Launch Price-Fixing Probe Of Oil Giants

U.S. Congressman Frank Pallone Jr., as ranking member of the House Committee on Energy and Commerce, revealed Wednesday that he has launched an investigation into seven oil and gas companies over growing concerns that they are illegally colluding to artificially inflate gas prices.

UK Gov't Calls Elections For July 4 Despite Poor Polls

Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4,advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.

Pacific Seafood Beats Crab Price-Fixing Claims, For Now

A California federal magistrate judge on Tuesday dismissed a proposed class action claiming Pacific Seafood fixed the price paid to fishers for Dungeness crab in the Pacific Northwest but will allow the fisherman who filed the suit the opportunity to amend most of his claims.

Realtors Want Rethink After DOJ Antitrust Probe Allowed

The National Association of Realtors has asked the D.C. Circuit for a rehearing after the appeals court found the U.S. Department of Justice can reopen an antitrust investigation into the trade group despite an earlier agency settlement over the association's rules.

Sens. Challenge Pharma Lobbyist Over Patent Abuse

U.S. senators from both sides of the aisle took turns at a Tuesday hearing questioning the pharmaceutical industry's top lobbyist over whether patent abuse plays a role in maintaining the high price of prescription drugs.

Ship Engineers Take Case Against Shipbuilders To 4th Circ.

A pair of naval engineers are challenging a Virginia federal judge's decision to toss their proposed class action accusing a collection of shipbuilding military contractors of entering into secret "no-poach" agreements, asking the Fourth Circuit to take up their appeal in a new filing.

Eye Drops Must Sell On Even Terms Under Rare Antitrust Win

A California federal judge cemented a rare win under a little-used antitrust law, following up on a December jury verdict against an eye drops company with a decision barring it from offering Costco better terms than the retail wholesaler plaintiffs.

Apple Tees Up Bid To Toss DOJ IPhone Monopoly Suit

Apple argued that it has the right to choose how it does business in a preview Tuesday of its upcoming explanations for why a New Jersey federal judge should dismiss the Justice Department lawsuit accusing the iPhone maker of restricting third-party app access to monopolize the smartphone market.

FSU Asks NC Justices To Favor Fla. Suit In ACC Fee Fight

The Florida State University board of trustees has asked North Carolina justices to do what the Tar Heel state's Business Court did not and halt the Atlantic Coast Conference's lawsuit over media rights contracts in favor of letting parallel litigation in Florida play out.

FTC Chair Khan Says Corporate Concentration Creates Fear

Federal Trade Commission Chair Lina Khan said Tuesday that corporate concentration creates fear for many Americans, including small businesses that rely on digital gatekeepers like Google and Amazon.

Tuna Buyers Seeking $1B In July Price-Fixing Trial

Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.