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Competition
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May 08, 2025
EU Moves To Revamp 20-Year-Old Merger Control Rules
The European Commission called on Thursday for responses to plans to overhaul its 20-year-old merger control rules as it seeks to give weight to innovation, sustainability and security needs when it assesses deals taking place between competitors in the bloc.
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May 07, 2025
J&J Unit's Catheter Tying Policy Hurt Rival, Antitrust Jury Told
Innovative Health's CEO told a California federal jury considering its antitrust claims Wednesday that Johnson & Johnson unit Biosense Webster enforced a policy to cut off support to hospitals that didn't use its catheters after Innovative received FDA approval to reprocess Biosense's electrophysiology catheters, devastating Innovative's business.
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May 07, 2025
FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight
A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.
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May 07, 2025
Senate Backs Bid To Scrap Biden-Era OCC Bank Merger Rule
Senators voted Wednesday to repeal the Office of the Comptroller of the Currency's Biden-era revamp of its bank merger review standards, advancing an effort to undo a rule that banks criticized as creating more complication and uncertainty for their deals.
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May 07, 2025
Google Is 'What's Best' For Users, Apple Exec Tells Judge
A top Apple executive forcibly defended the company's pick for its default search engine Wednesday, telling a D.C. federal judge that Google is the only real option, as the U.S. Justice Department looks to ban Google from paying the iPhone maker and others for default search engine placement.
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May 07, 2025
Racing Teams Drop Suit Seeking Formula One's Financials
Michael Jordan's stock car racing team has dropped its lawsuit seeking financial records from the owners of Formula One, according to a filing in Colorado federal court.
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May 07, 2025
DOJ, FTC Seek Public Input On Live Event Ticketing Abuses
The U.S. Department of Justice and the Federal Trade Commission announced Wednesday they are seeking input from the public about potential abuses in the live ticketing industry, which comes after President Donald Trump's March executive order that looks to enforce "transparency at all stages of the ticket-purchase process."
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May 07, 2025
$525M Nuke Services Deal Faces Canada Competition Probe
Canada's competition regulator said Wednesday it has obtained court orders to get information from several companies as part of its investigation of nuclear technology firm BWX Technologies Inc.'s proposed $525 million acquisition of nuclear engineering company Kinetrics Inc.
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May 07, 2025
Insulet Pursues EOFlow's Finances After $60M Ruling
A Massachusetts federal judge has ordered a Korean wearable insulin patch maker to respond to discovery requests as Insulet Corp. looks to collect a nearly $60 million trade secrets judgment, including information concerning an ongoing arbitration with Medtronic PLC stemming from a nixed acquisition deal.
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May 07, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates dozens of times throughout April about their concerns, from T-Mobile's planned takeover of UScellular's wireless operations to Native American tribes' needs for licensed spectrum, phone "unlocking" mandates to spur competition, satellite power limits and more.
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May 07, 2025
Ex-Enforcers Back Higher Standard For Google Breakup
A bipartisan group of former federal antitrust enforcers stretching back to the Nixon administration has told the D.C. federal court overseeing the government's search monopolization case against Google that a high standard needs to be met when divestitures are sought.
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May 07, 2025
Boston Judge Tosses Mastercard Payments Monopoly Claims
Payments giant Mastercard Inc. no longer faces a cross-platform tap & pay mobile wallet company's monopolization claims after a Massachusetts federal judge found, among other things, that Mastercard doesn't actually dominate the relevant market.
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May 07, 2025
Tennis Group Told Not To Try To Sway Players In Antitrust Suit
A New York federal judge on Wednesday rebuked the Association of Tennis Professionals for making coercive statements to players about joining a proposed antitrust class action against various professional groups within the sport, saying it is improper because of its interest in the outcome of the case.
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May 07, 2025
Judge Rejects New Trial Over Antitrust Loss To US Soccer
A Brooklyn federal judge denied a defunct soccer league's request for a new antitrust trial against MLS and the U.S. soccer governing body, rejecting a challenge to a jury instruction that asked about the existence of a relevant market.
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May 07, 2025
AWOL Plaintiff Dropped From Apple, Amazon Antitrust Case
A Washington federal judge has ousted the lead plaintiff in a proposed antitrust class action against Apple and Amazon, after deciding last month to sanction the firm bringing the case for failing to tell the court the client had abandoned the case.
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May 07, 2025
Chemours Pans 'Perplexing' Patent Claim In Distribution Row
The Chemours Co. FC LLC has ripped a competitor's amended antitrust suit against it and its distributor for adding a "perplexing claim" for a declaratory judgment that the chemical company does not have any patents on a refrigerant, arguing that patents are a matter of public record and that the suit should be tossed.
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May 07, 2025
Baking Co. Says Trade Secret Sanctions Bid Is Undercooked
An Ohio baking products company says it shouldn't be sanctioned for sharing some of the ingredients in one of its products in a temporarily public court filing, since the same ingredients had been discussed in open court during testimony about how that product allegedly differed from the trade-secret recipe a rival was trying to protect.
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May 07, 2025
9th Circ. Affirms FTC Loss In Microsoft-Activision Case
The Ninth Circuit on Wednesday affirmed a lower court's ruling in a Federal Trade Commission case that refused to block Microsoft's $68.7 billion acquisition of game developer Activision Blizzard Inc.
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May 07, 2025
$13B Omnicom, Interpublic Deal Faces UK Enquiry
Britain's competition watchdog said Wednesday that it has decided to take an initial look at the approximately $13 billion merger of U.S.-based marketing communications giants Omnicom and Interpublic, as the mega-deal faces scrutiny in the U.S. as well.
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May 06, 2025
Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told
A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.
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May 06, 2025
Fed. Circ. Asks What Law Applies For Sleep Drug Injunction
The Federal Circuit lifted an injunction Tuesday that had placed limits on Avadel CNS Pharmaceuticals' clinical trials for sleep disorder treatments, but sent the infringement case back to Delaware to determine whether a future injunction should be governed by the Hatch-Waxman Act.
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May 06, 2025
T-Mobile Attys Get $2.9M In Fees In Arbitration Award Suit
A mobile phone dealer that accused T-Mobile of tricking it into "false and oppressive" service agreements is on the hook for $2.9 million of the mobile titan's attorney fees after an Ohio federal judge refused to vacate the arbitration award that directed Preferred Wireless to pay up.
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May 06, 2025
NY Says Owner Has To Sell Ski Resort After Antitrust Loss
A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.
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May 06, 2025
Google Says DOJ's Monopoly Fixes Could Reveal 'Essential IP'
The head of Google's search engine warned a D.C. federal judge Tuesday that the U.S. Department of Justice's proposed data sharing mandates would allow rivals to clone nearly everything that makes up Google, dramatically changing the company's incentives to innovate and pulling away key resources.
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May 06, 2025
League Reps Grilled By Senators Over Sports Streaming Deals
Broadcast executives from three of the four biggest U.S. pro sports leagues answered bipartisan grilling by a Senate committee Tuesday over spiraling costs and scattered availability of games brought on by the increased use of streaming services, insisting that they were improving access and would improve it more in the near future.
Expert Analysis
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Steel Cases Test Executive Authority, Judicial Scope
Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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IP, Licensing, M&A Trends To Watch In Life Sciences This Year
2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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FTC Focus: Avoiding 'Gun Jumping' Violations
The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.