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Motion to Dismiss Competition

Troutman Pepper

PE Firm Escapes FTC’s Challenge to Texas Anesthesiology Roll-Up

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A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more

Goodwin

District Court Grants Welsh Carson’s Motion to Dismiss in FTC’s “Roll-Up” Monopolization Case; Case Against U.S. Anesthesia...

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The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more

DarrowEverett LLP

Florida State and Clemson vs. the ACC: Is There a Way Out for Both?

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Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the...more

BakerHostetler

Yer out (for now): MLB dismissed from antitrust lawsuit because of historic antitrust exemption

BakerHostetler on

In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost...more

Goodwin

President Biden Issues Sweeping Executive Order on Promoting Competition in the American Economy

Goodwin on

In This Issue. President Joe Biden issued a sweeping executive order aimed at cracking down on anticompetitive practices and reducing consolidation across multiple industry sectors, including financial services; the Federal...more

Seyfarth Shaw LLP

California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts...

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Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a...more

Skadden, Arps, Slate, Meagher & Flom LLP

As Treatment of No-Poach Agreements Evolves, DOJ To Examine Antitrust in Labor Markets

Antitrust treatment of no-poach agreements continues to evolve as private cases progress, state attorneys general ramp up enforcement efforts and federal regulators further contemplate the legality of no-poach agreements....more

Akin Gump Strauss Hauer & Feld LLP

A Fresh Approach to No-Poach Provisions in Franchise Agreements

• The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) have indicated in the past that they believe that certain agreements between employers not to poach each other’s employees are...more

Hogan Lovells

A toss up: Payment theory prevails but the rule of reason reigns

Hogan Lovells on

On 31 October the 10th U.S. Circuit Court of Appeals overturned the U.S. District Court for the District of Utah's decision in United States v. Kemp & Associates, et al. that dismissed the government's indictment as time...more

Fisher Phillips

Don’t Go Overboard with Overbroad Non-Competes: Illinois Federal Court Strikes Down Non-Compete Clause

Fisher Phillips on

Daniel Dumrauf was a Director with Medix Staffing Solutions, Inc., a Chicago-based staffing agency. Dumrauf worked at Medix’s Scottsdale, Arizona office. Dumrauf’s employment agreement contained a non-compete clause that...more

Foster Garvey PC

OTA & Travel Distribution Update - Australian authorities confirm renewed interest in parity provisions; Singapore opens...

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Australian Authorities Confirm Renewed Interest in Parity Provisions - ("Online Booking Clauses Still Cause for Concern for Australian Competition Authority," MLex, April 11, 2018) (subscription required) - Speaking...more

Patterson Belknap Webb & Tyler LLP

Third Circuit Affirms Uber Win in Attempted Monopolization Suit

On March 27, 2018, the Third Circuit affirmed dismissal of an antitrust suit against Uber Technologies, Inc. (“Uber”) by the Philadelphia Taxi Association and its members, individual taxicab companies (together,...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Not Always Available in Competitor Disputes in the Healthcare Sector

The antitrust injury and antitrust standing defenses/doctrines are alive and well in healthcare.  A recent case, SCPH Legacy Corp. et al. v. Palmetto Health et al., shows that a competitor is not always the most legally...more

Patterson Belknap Webb & Tyler LLP

Divided Fourth Circuit Panel Slices Up Twombly in Table Saw Boycott Suit

Last week, a divided three-judge panel of the Fourth Circuit issued a significant decision in a boycott conspiracy case, SD3, LLC v. Black & Decker, No. 14-1746 (4th Cir. Sept. 15, 2015). The suit, at its heart, turns on the...more

Patterson Belknap Webb & Tyler LLP

Keurig Fights to Dismiss All Antitrust Claims Brought Against It

On July 9, 2015, the Southern District of New York heard oral argument on Keurig Green Mountain’s motions to dismiss the three complaints filed by the following plaintiffs: Keurig’s competitors (Treehouse Foods, Inc., Bay...more

Sheppard Mullin Richter & Hampton LLP

Court Finds No Inference of Conspiracy Arising From Members of Standard Setting Organization Pursuing Self Interest In Refusing To...

The Massachusetts United States District Court granted a Rule 12(b)(6) motion dismissing antitrust claims brought under Section 1 of the Sherman Act by a company that had invented a new technology for testing metallic...more

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