Competition

  • September 08, 2026

    SEC Sues Proxy Adviser Firm ISS For Client Voting Records

    The U.S. Securities and Exchange Commission has asked a Pennsylvania federal court to enforce a subpoena against Institutional Shareholder Services, alleging the proxy advisory firm is improperly withholding information about the voting advice ISS gives institutional investors due to fears of retaliation.

  • September 08, 2026

    'Resilience,' Scale Up For Changes In EU Merger Overhaul

    With major European Union merger reforms due for finalization by the end of the year, the EU's top competition official said Sunday that enforcers plan to add more clarity to the draft merger guidelines, including by spelling out how improving environmental "resilience" can push transactions across the finish line.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

  • September 08, 2026

    Calif. Urges Justices To Let Paramount Merger Case Play Out

    California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. Discovery have urged the U.S. Supreme Court not to expedite Iowa and Montana's case seeking to block the merger challenge.

  • September 08, 2026

    CMA To Work With MoD In Fight Against Bid-Rigging

    The U.K.'s competition regulator said Tuesday it is exploring whether Ministry of Defense procurement data could help tackle bid-rigging in defense supply chains, as it urged the government to make more procurement data available to tackle suspected cartels.

  • September 08, 2026

    Biogen Must Face Pharmacies' MS Drug Monopoly Suit

    An Illinois federal judge on Tuesday refused to dismiss Walgreens and Kroger's lawsuit accusing Biogen Inc. of illegally stifling competition for its multiple sclerosis drug Tecfidera, saying they've made sufficient allegations at this point in the case to suggest they've "suffered a concrete injury as a result of Biogen's conduct."

  • September 08, 2026

    DOJ, Pinnacle Reach RealPage Rent-Fixing Settlement

    The federal government wants to settle its antitrust claims against Cushman & Wakefield unit Pinnacle Property Management Services LLC, which was accused in North Carolina federal court of using property management software company RealPage Inc.'s revenue management technology to fix rental prices, according to the U.S. Department of Justice.

  • September 08, 2026

    Tamarack, Headwater To Merge In $7.2B Canadian Energy Deal

    Tamarack Valley Energy Ltd. and Headwater Exploration Inc. said Tuesday they have agreed to merge in an all-stock transaction valued at CA$10 billion, or about $7.2 billion, with Stikeman Elliott LLP and Burnet Duckworth & Palmer LLP advising, respectively. 

  • September 07, 2026

    Amazon Says Big Sellers Should Opt In To £2.7B Class Action

    Amazon asked a London tribunal on Monday to carve larger merchants out of a certified opt-out class action worth an estimated £2.7 billion ($3.65 billion) over alleged competition abuses, arguing they should participate only on an opt-in basis.

  • September 04, 2026

    Concrete Giants Duck Price-Fixing MDL Again, For Good

    The globe's three dominant producers of admixtures for concrete, cement and mortar are permanently free of price-fixing claims after a New York federal judge held that U.S. concrete distributors and construction companies still haven't adequately alleged a conspiracy or synchronized price increases in the country.

  • September 04, 2026

    SpaceX Presses For Opening 3 Bands To Direct-To-Device

    SpaceX has its eye on three bands of spectrum it wants the Federal Communications Commission to open for direct-to-device satellite services, a move it told the agency would be good for both competition and the integration of satellite and terrestrial networks.

  • September 04, 2026

    Verisign, ICANN Accused Of Locking In .Com Monopoly

    Verisign, which controls the database that makes every .com website functional, has monopolized .com registry services and keeps its power through a financial arrangement with the nonprofit charged with promoting competition in the domain name marketplace, according to a consumer antitrust lawsuit filed Friday in California federal court.

  • September 04, 2026

    NextEra's $67B Deal Clears Vote Ahead Of Regulatory Hurdles

    The shareholders of Kirkland & Ellis LLP-advised NextEra Energy and Dominion Energy, advised by McGuireWoods LLP, have approved the companies' planned $67 billion merger, as regulatory scrutiny mounts at the state and federal levels.

  • September 04, 2026

    McKesson Owns Antitrust Claims, Not Rite Aid, Judge Finds

    A New Jersey bankruptcy judge has ruled that antitrust claims against pharmaceutical companies belong to drug distributor McKesson Corp., not the trustee overseeing Rite Aid's Chapter 11 distributions.

  • September 04, 2026

    'Bad Faith' Subpoenas On Apple Execs Spur Fee Sanctions

    A California federal magistrate judge imposed sanctions Thursday on Joseph M. Alioto of Alioto Law Firm for repeatedly trying to depose senior Apple executives, including then-CEO Tim Cook, in an attempt to drag the iPhone-maker back into consumer antitrust litigation accusing Google of shutting out rival search engines.

  • September 04, 2026

    Court Slams 'Half-Hearted Compliance' In Crab Price-Fix Suit

    A California federal magistrate judge has given a seafood company until Sept. 11 to meet the discovery obligations it has repeatedly fallen short of in a proposed class action accusing it of fixing prices for Dungeness crabs.

  • September 03, 2026

    Samsung, Other Chipmakers Want Price-Fixing Suit Tossed

    Samsung, Micron and SK Hynix have urged a California federal court to toss a proposed class action accusing the chipmakers of conspiring to fix the supply and prices of dynamic random access memory, saying the suit was a "repackaged version" of a previous conspiracy suit against them that the Ninth Circuit rejected.

  • September 03, 2026

    Altria Loses Constitutional Challenge To ITC Patent Cases

    A Virginia federal judge on Thursday shut down a suit by Altria claiming that U.S. International Trade Commission patent proceedings are unconstitutional, rejecting Altria's bid to halt an ITC vape patent case against it brought by Juul and granting summary judgment to the commission.

  • September 03, 2026

    Most Of Corteva's IP Claims Against Inari Move Along

    A Delaware federal court Thursday kept most claims alive in a case over seed intellectual property brought by Corteva Agriscience ahead of a trial set to begin later this month.

  • September 03, 2026

    Dutch Software Co. Asks Justices To Halt TM Trial

    A Dutch software company has asked the U.S. Supreme Court to pause a rapidly approaching trial in a trademark dispute with an American rival while it petitions for review of an injunction and contempt order that it said threaten to taint the entire proceedings.

  • September 03, 2026

    Paramount-Warner Bros. Investor Loses Bid To Expedite Suit

    The Delaware Chancery Court on Thursday denied a Paramount Skydance Corp. stockholder's bid to fast-track derivative litigation seeking to halt the company's planned $110 billion acquisition of Warner Bros. Discovery, finding that the investor had not shown a sufficient basis for rushing the case toward trial.

  • September 03, 2026

    CFTC Says CME Perps Fight Is 'Much Ado About Nothing'

    The U.S. Commodity Futures Trading Commission told a D.C. federal judge that the Chicago Mercantile Exchange's suit over the agency's approval of Kalshi's bitcoin perpetual futures contract is "much ado about nothing" since the derivatives exchange is free to list its own version of the product.

  • September 03, 2026

    Nippon Tells 9th Circ. Not To Revive US Steel Merger Case

    Nippon Steel urged the Ninth Circuit on Wednesday not to revive a consumer lawsuit challenging its now-completed purchase of U.S. Steel Corp., arguing the district court rightly found the plaintiffs too far removed from the steel market to allege higher prices when buying steel-containing products.

Expert Analysis

  • Teva MDL Loss Shows DPAs Can Return To Haunt Civil Suits

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    Teva’s recent partial summary judgment loss in antitrust multidistrict litigation reinforces the importance of carefully scrutinizing any statement of facts a company admits to in a deferred prosecution agreement, and illustrates the potential costs of resolving a criminal investigation this way, say attorneys at Sheppard.

  • 2 ECJ Rulings Give Guidance On Sport Agent Regs

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    The European Court of Justice recently settled two long-running disputes, Rogon and RRC Sports, by finding that the antitrust rules governing these leagues offer exceptions for regulating players' agents, and offering a path for sports associations to implement rules controlling services ancillary to their sport, say lawyers at Skadden.

  • Deal Termination Lessons From Verisk Merger Review Ruling

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    The Delaware Chancery Court’s recent ruling that Verisk Analytics forfeited its right to terminate a deal that was facing a second information request from the Federal Trade Commission illustrates the danger of information gaps between client and counsel and the risks of "willful conduct" language in merger agreements, say attorneys at HSF Kramer.

  • Prepping Health Businesses For Sale In A Data-Driven Market

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    In a thinner market for healthcare transactions, with both regulators and buyers using artificial intelligence to inspect data in great detail, the margin for error in sellers' financials and legal diligence has narrowed, requiring more proactive compliance efforts, says Cody Dumas at FBFK Law.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Drug Rulings Clarify Pricing Test And Penalty Reviews

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    The Court of Appeals’ recent drug price rulings in Pfizer v. Competition and Markets Authority and Auden Mckenzie v. CMA are both notable for how the court settled the legal test for excessive pricing, as well as for how it has restated the Competition Appeal Tribunal’s obligations when reviewing penalties, say lawyers at Wilson Sonsini.

  • FTC IonQ Review Unearths A Divide In Vertical Merger Remedy

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    The Federal Trade Commission's recent split decision to close its investigation into the merger between IonQ and SkyWater Technology offers a candid window into how enforcers may approach vertical merger concerns after a string of difficult government cases, says Nicholas Cheolas at Wiley.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • What Cos. Should Do During Stay Of Nasdaq Delisting Rule

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    The U.S. Securities and Exchange Commission recently approved — and subsequently stayed — Nasdaq's $5 million market value threshold for continued listing, giving companies additional time to evaluate financing opportunities, communicate with investors and consider strategic alternatives, says Joseph Lucosky at Lucosky Brookman.

  • NC Dental Review Change Counters Tougher National Trend

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    North Carolina’s elimination of its prior review requirement for dental management agreements departs sharply from the national trend toward expanded corporate practice of medicine oversight, but stakeholders should not view this regulatory shift as a relaxation of compliance expectations, say attorneys at Holland & Knight.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • 6 Key Takeaways From CFIUS Annual Report

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    Attorneys at Simpson Thacher review highlights from the annual report of the Committee on Foreign Investment in the U.S., released to Congress this month, including the launch of the American First Investment Policy and the Known Investor Pilot Program, and the agency's continued focus on enforcement despite its resource constraints.

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