Competition

  • May 19, 2025

    NY AG Blasts Ski Resort Owner's Antitrust Fixes

    The New York Attorney General's Office has told a state court that alternative fixes being offered by a ski resort owner found to have violated antitrust law by buying and closing a competitor would "entrench the very monopoly" the court found illegal.

  • May 19, 2025

    NCAA Defends Latest NIL Deal Revisions In Bid For Approval

    Contrary to claims by some athletes that they will be harmed by roster limitations in a proposed $2.78 billion name, image and likeness settlement, the NCAA has told a California federal judge the latest changes will ensure "beyond a doubt" those athletes are treated fairly.

  • May 19, 2025

    Cos. Fight Recusal Bid In Antitrust Case Over Clerk Ties

    The Minnesota federal judge overseeing a major pork price-fixing case shouldn't have to recuse himself just because one of his clerks worked at plaintiffs-side firms, pork purchaser plaintiffs say, calling the defendants' request a cynical ploy that comes on the eve of trial.

  • May 19, 2025

    BCLP Hires Career Crowell Commercial Atty In DC, Arizona

    Bryan Cave Leighton Paisner LLP has hired a former Crowell & Moring LLP commercial litigator who will split time between the firm's Phoenix and Washington, D.C., offices, and will bring his practice representing companies in high stakes healthcare and antitrust matters to the firm, according to a Monday announcement.

  • May 19, 2025

    Partner Hire Kills Jurisdiction In Referral Suit, Mass. Firm Says

    A Boston law firm told a Massachusetts federal court on Monday that it plans to refile its suit seeking a referral fee from a Minnesota firm that served as co-lead counsel in a salmon purchaser antitrust case, after the latter firm's hiring of a Massachusetts-based partner defeated federal court jurisdiction.

  • May 19, 2025

    Phones 4u Fights Decision Clearing UK Networks Of Collusion

    The administrators of Phones 4u urged an appeals court on Monday to overturn a finding that the U.K.'s biggest phone operators did not unlawfully collude when they pulled out of supplying the retail chain, which subsequently went out of business.

  • May 19, 2025

    Kelyn Bacon Named President Of Competition Appeal Tribunal

    The government has appointed Kelyn Bacon to be president of the Competition Appeal Tribunal, naming a specialist in competition and EU law who has already helped the tribunal to take a tougher stance on the suitability of class action representatives.

  • May 16, 2025

    No 'Magic Words' Needed To Sue KKR For Hiding Deals, DOJ Says

    KKR is trying to duck a U.S. Department of Justice lawsuit seeking fines that could top $650 million, by reading standards for seeking penalties that are not there, the government said Thursday, defending claims that the private equity giant failed to notify two mergers and deleted key documentation from notifications.

  • May 16, 2025

    J&J Unit Hit With $147M Verdict In Catheter Antitrust Suit

    A California federal jury found Friday that Johnson & Johnson's medical technology unit Biosense Webster violated federal and state antitrust laws by withholding clinical support to hospitals using third-party reprocessed catheters, awarding plaintiff Innovative Health more than $147 million in damages.

  • May 16, 2025

    Tesla Tells Justices Challenge To La. Sale Ban Should Stand

    Tesla Inc. has asked the U.S. Supreme Court to reject a petition from Louisiana regulators seeking review of its case targeting the state's ban on direct sales by automakers, saying the regulators are in fact competitors who view Tesla's business model as an existential threat.

  • May 16, 2025

    RI City Outlaws Rent-Fixing As Feds Consider Ban On AI Regs

    Providence, Rhode Island, joined the growing list of cities nationwide that have banned landlords from using algorithmic price-fixing technology for setting residential rents, saying that software sold by RealPage and similar companies is exacerbating an affordability crisis.

  • May 16, 2025

    Live Nation Denies Colluding Over Pandemic Response

    Live Nation denied any wrongdoing while appearing to acknowledge a U.S. Department of Justice criminal probe into potential collusion with fellow ticketing and entertainment company Anschutz Entertainment Group Inc. in their response to the COVID-19 pandemic.

  • May 16, 2025

    Illumina Accuses Ex-Workers' Co. Of Infringing Gene Tech IP

    Biotechnology giant Illumina Inc. filed a lawsuit Thursday against Element Biosciences in Delaware federal court, accusing the company founded by former Illumina employees of infringing five patents related to automated gene sequencing technology.

  • May 16, 2025

    Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal

    In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.

  • May 16, 2025

    Appellate Ruling Merits New Shot At Sales Regs, Distiller Says

    A New York distillery and two Washington whiskey drinkers are asking a federal judge to reconsider the Washington state liquor board's win in a challenge to rules requiring a physical in-state presence to sell online, saying they never got to analyze the circuit ruling on which the decision was based.

  • May 16, 2025

    Colo. Consultancy Says Company Ripped Off AI Tool Name

    A business consulting services company sued a software development company in Colorado federal court Thursday for allegedly ripping off the trademarked name for its artificial intelligence "change management" tool for its own AI software solutions.

  • May 16, 2025

    American Arbitration Assoc. Accused Of Pro-Corp. Monopoly

    The American Arbitration Association monopolizes the market for consumer arbitration and is "an unfair forum where consumers lose" to corporate defendants, according to a proposed consumer class action filed in Arizona federal court.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • FTC Focus: Synthetic Data Yields Antitrust Considerations

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    Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.

  • Opinion

    Slater Heralds Return To US Antitrust Norms, Innovation

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    Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • How Latin American Finance Markets May Shift Under Trump

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    Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Key Takeaways From The 2025 Spring Antitrust Meeting

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    Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Mass. AG Emerges As Key Player In Consumer Protection

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    Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

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