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Competition
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Featured
Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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May 16, 2025
Merchandising Co., Ex-Exec Drop Suit Over $47M Lowe's Deal
A merchandising company has dropped its lawsuit against a former executive it accused of exploiting trade secrets to sabotage a $47 million deal with home improvement giant Lowe's, according to a stipulation of dismissal filed Thursday.
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May 16, 2025
Microsoft Offers To Sell Office Without Teams After EU Probe
The European Commission called for comments Friday on commitments given by Microsoft to address potential anticompetitive bundling of its Teams video call program and the Office365 and Microsoft 365 groups of products.
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May 16, 2025
DC Circ. Orders Closer Look At FTC's $5B Meta Privacy Deal
A D.C. Circuit panel ordered a lower court on Friday to take another look at the Federal Trade Commission's bid to modify a $5 billion privacy deal with Meta after the court found it lacked jurisdiction to review the changes the first time around.
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May 16, 2025
Wachtell, Latham Steer $34.5B Charter, Cox Cable Mega Deal
Charter Communications Inc. said Friday it has agreed to acquire Cox Communications in a $34.5 billion deal that would create a dominant force in U.S. broadband, mobile and video services — and will test the Trump administration's role in reshaping telecom competition.
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May 16, 2025
EU 'Champions' Ambitions Could Cause Antitrust Friction
Plans by the European Commission to amend merger guidance to help create "European champions" that could compete with technology and industrial heavyweights in the U.S. and China might cause tension among member state authorities hoping to protect antitrust ideals.
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May 15, 2025
J&J Unit's Economist Rips Rival's $147M Antitrust Damage Bid
Biosense Webster's economic expert took the stand Thursday in California federal court to criticize Innovative Health's claim it suffered $147 million in damages from Biosense's policy withholding clinical support to hospitals using third-party reprocessed catheters, arguing Innovative lost nothing and saved on clinical support costs it otherwise would've incurred.
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May 15, 2025
Taylor Swift Fans Get Final Shot At Ticketmaster Antitrust Suit
A California federal judge said Thursday he will give hundreds of Taylor Swift fans one more opportunity to amend a complaint against Ticketmaster alleging antitrust violations related to ticket sales for the pop superstar's Eras tour, but stressed it will be the last amendment he will allow.
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May 15, 2025
TikTok's Friends Features 'Set Off Alarm Bells' At Facebook
The head of Facebook echoed the testimony of other Meta Platforms Inc. executives who've described TikTok as their chief competitor on Thursday, pushing back against Federal Trade Commission monopolization claims by arguing in D.C. federal court that both social media giants have responded to competition from the other.
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May 15, 2025
Polar Air Vendor Gets 2 Years For $32M Kickback Scheme
The owner of a California aviation company was sentenced Thursday in New York federal court to two years in prison for paying Polar Air Cargo executives $4.4 million in kickbacks in exchange for lucrative contracts, as part of a $32 million scheme to enrich the cargo airline's C-suite and others, at the company's expense.
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May 15, 2025
DC's Amazon Antitrust Trial To Be Bumped Deeper Into 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will probably not make it to trial until closer to mid-2027, after the parties told a D.C. judge Thursday that the original January 2027 trial date would have to be moved back.
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May 15, 2025
Live Nation's Atty Fails To 'Move The Needle' In Discovery Bid
A California federal judge appeared likely Thursday to stick with his tentative ruling that Live Nation's ticketing rivals can protect documents they say could facilitate the very conduct at issue in an antitrust case, telling an attorney for the company his arguments did not "move the needle."
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May 15, 2025
Consumer Bid To Block Capital One-Discover Deal Falters
A California federal judge Wednesday rejected a group of consumers' last-minute bid to delay Capital One Financial Corp.'s impending purchase of Discover Financial Services, unpersuaded that the deal poses serious enough potential antitrust concerns to support a preliminary injunction.
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May 15, 2025
$60.5M In Settlements Get Final OK In RTX No-Poach Case
A Connecticut federal judge has granted final approval to $60.5 million worth of settlements to resolve accusations that RTX Corp.'s Pratt & Whitney division and five contractors colluded to avoid hiring one another's workers, with RTX paying more than half of the total and attorneys taking nearly $20.2 million in fees.
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May 15, 2025
Kroger Worker Fights NLRA Preemption Of State Claim
A grocery worker suing Kroger and Albertsons over an alleged no-poach agreement is pushing back on the companies' claim the litigation is preempted by federal labor law, telling the Colorado federal judge hearing the case that antitrust laws have not been displaced by labor law, especially in labor market collusion.
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May 15, 2025
Hillrom Says Missing Attachment Could End Antitrust Case
Hill-Rom Holdings Inc. told an Illinois federal court Thursday that a missing attachment from an email turned over by Linet Americas Inc. should show the rival hospital-bed maker waited too long to file its antitrust case.
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May 15, 2025
FTC Chair Says Staffing Cuts Needed After Hiring Spree
Federal Trade Commission Chairman Andrew Ferguson told lawmakers on Thursday that the previous administration hired too many agency staffers and said he is looking to reduce the workforce by around 16% while trying to avoid layoffs.
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May 15, 2025
Curaleaf And Ex-VP In Settlement Talks, Court Told
Curaleaf has tentatively agreed to drop a lawsuit against a former executive it accused of stealing confidential records to share with a rival cannabis firm, according to a notice filed in Florida federal court.
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May 15, 2025
AI Startup Perplexity Seeks $14B Valuation, And More Rumors
Perplexity is in talks for a new funding round that would value the artificial intelligence startup at $14 billion, OpenAI is reworking a multibillion-dollar agreement with Microsoft Corp. in order to free up its plans for an initial public offering, and Dutch power grid operator TenneT is considering selling a stake in its German division for up to $13 billion.
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May 15, 2025
Regeneron Wins $271.2M In Amgen Antitrust Suit
A federal jury in Delaware put Amgen Inc. on the hook Thursday for at least $271.2 million in punitive damages arising from an alleged scheme that undercut Regeneron's price for its Praluent anti-cholesterol drug by bundling Amgen's competing, higher-priced Repatha with rebates for two expensive, blockbuster medications.
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May 14, 2025
J&J Unit's Catheter Policy Stopped Free-Riding, Jury Told
A Johnson & Johnson unit sales director took the stand Wednesday in Innovative Health's antitrust case against its medical technology unit Biosense Webster, defending Biosense's policy cutting off clinical cardiac mapping support to hospitals using third-party reprocessed catheters and explaining that the policy prevented competitors from free-riding on its investments in clinical support training.
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May 14, 2025
Connecting With Friends Becoming 'Secondary,' FB Head Says
The head of Facebook acknowledged in D.C. federal court Wednesday that Meta Platforms Inc.'s original application remains focused heavily on sharing with friends, but, despite Federal Trade Commission claims it's monopolized that business, said social media has evolved so much that those connections are no longer the platform's "main character."
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May 14, 2025
Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.
A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.
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May 14, 2025
Judge Hints At Shielding Docs Of Live Nation Competitors
The California federal judge overseeing claims from concertgoers accusing Live Nation of violating antitrust law is likely to grant a request from ticketing rivals to protect documents the rivals say could facilitate the very conduct at issue in the case.
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May 14, 2025
Regeneron-Amgen Trial Goes To Jury With An Extra Day
Federal jurors started deliberating on a Regeneron Pharmaceuticals Inc. antitrust suit late Wednesday accusing Amgen Inc. of tripping up Regeneron's anti-cholesterol drug insurance eligibility by illegally bundling Amgen's competing version with rebates for two unrelated drugs, with potential triple damages in the balance.
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May 14, 2025
Potential Jurors In IP Hot Spots Hold Mixed Views On Big Tech
A survey of possible jurors in popular courts for intellectual property cases has found their overall outlook on Big Tech to be largely positive, but also found that many believe that tech giants will swipe technology from smaller businesses and that they suppress competition.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Apple Ruling Provides Clarity For UK Litigation Funders
The Court of Appeal's recent Gutmann v. Apple decision that litigation funders can take a fee before class action members are paid helps relieve the concerns of insufficient funding returns that followed news of a broad sector review and a key high court ruling, says Matthew Lo at Exton Advisors.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.