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Competition
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Featured
Trials & Mixed Outcomes Defined Antitrust Enforcers' 2025
U.S. antitrust enforcers took three high-profile cases against major technology platforms to trial this year, and that was just part of a government campaign that alleged a range of transgressions — including monopolistic conduct, algorithmic price-fixing and anticompetitive agreements — and netted one high-profile victory and several major setbacks.
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January 09, 2026
State Looks To Nix RealPage Case Over NY Rental Pricing Law
The New York attorney general's office urged a federal court Friday to toss a case from property management software company RealPage Inc. challenging a new state law that prohibits building owners from using software to collude on residential rental rates.
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January 09, 2026
Nielsen's 'Coercive' National-Local Data Tying Blocked
A New York federal judge preliminarily blocked Nielsen from conditioning full access to its nationwide radio data on also buying local data because that policy is more than just discounted bundling, according to a ruling unsealed Thursday.
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January 09, 2026
X Strikes Back At Music Publishers With Antitrust Suit
X Corp. accused the National Music Publishers' Association and the largest music publishers in the United States of an anticompetitive conspiracy, alleging in a suit filed Friday that the industry's top players colluded against the social media company in an "extortionate campaign" over copyrighted music licenses.
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January 09, 2026
Veterinary Group Says DOJ Accreditation Points Irrelevant
The American Veterinary Medical Association told a Tennessee federal court this week that the government's concerns about professional groups are irrelevant to a veterinary school's antitrust case challenging the association's accreditation requirements.
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January 09, 2026
Judge Denies 'Fatally Untimely' Bid For New Poaching Trial
A Boston federal judge has denied what she called a "fatally untimely" motion for a new trial after a jury handed Cynosure LLC a $25 million verdict against two former employees who the company said caused other employees to breach their noncompete and nonsolicitation agreements.
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January 09, 2026
Judge Blocks Edwards' $945M Heart Valve Deal
A D.C. federal judge issued an order on Friday preventing Edwards Lifesciences Corp. from moving ahead with its planned $945 million deal for JenaValve Technology Inc. while the Federal Trade Commission challenges the merger.
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January 09, 2026
Ex-Prosecutor OK For Drug Pricing MDL, Special Master Says
Former Connecticut Assistant Attorney General Joseph Nielsen and his law firm, Lowey Dannenberg PC, should not be disqualified from representing insurers in multidistrict litigation over generic drug price-fixing because he did not have any special knowledge that the states suing drugmakers hadn't already shared with the private plaintiffs, according to a special master's report and recommendation.
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January 09, 2026
Couple Fights To Send Annuity Fraud Case To State Court
A retired U.S. Navy veteran and his wife, who are accusing Ameritas Mutual Holding Co. and Ameritas Life Insurance Company Inc. of orchestrating a fraudulent investment scheme based on the sale of unsuitable equity-indexed annuities, urged a North Carolina federal court to send the case back to state court.
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January 09, 2026
4th Circ. Asks If NCAA's W. Va. Eligibility Appeal Is Now Moot
The NCAA and four West Virginia University football players have until Jan. 21 to tell the Fourth Circuit whether the collegiate athletic association's appeal of an injunction making the players eligible this season is moot, now that the season is over.
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January 09, 2026
EU Clarifies Foreign Subsidies Regulation Guidelines
The European Commission released an updated version of its foreign subsidies regulations to clarify how it determines competition distortions caused by foreign subsidies, among other aspects of the guidelines.
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January 09, 2026
NC Biz Court Bulletin: Trade Secrets Row, A Patient Data Deal
The North Carolina Business Court closed out the year by tossing a trade secrets fight brought by a corrugated packing manufacturer against its onetime star salesman and signing off on a $2.45 million settlement ending claims a healthcare system sold patients' data to Meta.
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January 09, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a collapsed investment firm revive a $15 million dispute with a hedge fund, major Hollywood studios bring an IP claim against the U.K.'s largest internet providers over illegal streaming, and the Department of Health and Social Care sue the law firm and barrister representing it in a pharma competition damages case.
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January 08, 2026
9th Circ. Vacates Seagate Loss In Hard Drive Price-Fixing Case
The Ninth Circuit on Thursday resurrected a number of Seagate Technologies' antitrust claims against Japanese manufacturer NHK Spring in a fight over hard drive components, finding that U.S. antitrust laws could indeed apply to the alleged conspiracy in this case even though foreign entities executed transactions abroad.
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January 08, 2026
Walgreens Gets $392K Sanction Against Blue Cross Insurers
A Chicago federal judge on Thursday ordered a host of Blue Cross Blue Shield insurers to pay Walgreens more than $392,000 in attorney fees and expenses for discovery misconduct in their suit that accuses the drugstore company of fraudulently overcharging for prescription drugs.
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January 08, 2026
Apple Beats Antitrust Suit Over Heart Rate Data At 9th Circ.
A Ninth Circuit panel affirmed Apple's win Thursday against startup AliveCor Inc.'s antitrust claims alleging it illegally blocked third-party access to Apple Watch medical data to create rival software, finding that Apple has no "duty to deal" with AliveCor and therefore the startup's claims fail as a matter of law.
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January 08, 2026
NYAG Presses Instacart On Algorithmic Pricing Compliance
The New York Attorney General's Office on Thursday sent a letter to Instacart requesting information about the online grocery shopping platform's compliance with a new state law on the use of algorithmic pricing following a report indicating users were being charged different prices for the same products.
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January 08, 2026
FTC Battles Edwards On Eve Of Heart Valve Merger Deadline
The Federal Trade Commission asked a D.C. federal judge for a last-minute extension on an order blocking Edwards Lifesciences' $945 million acquisition of JenaValve Technology Inc., fearing difficulty with unscrambling the egg if the block expires Friday, the judge rejects its merger challenge and the deal closes before the agency can appeal.
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January 08, 2026
Jury Can Hear Claim Over Swimming League's Damages
The jury in the upcoming trial for a professional swimming league's antitrust suit against World Aquatics can hear evidence that the league's own suit contributed to the damages it claims, a California federal judge ruled Thursday.
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January 08, 2026
Comscore Ducks Antitrust But Not Unfairness Claims, For Now
Comscore won a partial reprieve from claims that it undermined a would-be box office data rival, with a California federal judge dismissing federal antitrust claims while preserving accusations of unfair competition, false advertising and business interference.
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January 08, 2026
States Can't Block HPE Integration Amid Deal Review
A California federal court refused Thursday to bar Hewlett Packard Enterprise from further integrating with Juniper Networks while state enforcers raise objections to a U.S. Department of Justice settlement allowing the merger to move ahead.
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January 08, 2026
Virginia Justices Order New Trial In $2B Trade Secrets Case
The Virginia Supreme Court on Thursday upheld a state appellate court decision that vacated Appian Corp.'s $2 billion trade secrets award against software competitor Pegasystems Inc., saying the decision correctly ordered a new trial because errors from the trial judge led to the biggest jury award in Virginia history.
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January 08, 2026
Dentists Look To Fill Holes After Delta Dental Class Cert. Denial
Dentists targeting an alleged $13 billion antitrust scheme by Delta Dental and its members are asking an Illinois federal court for permission to amend their complaint after the court refused to grant their bid for class certification last year.
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January 08, 2026
Organ Procurer Says CMS Rule Will Toss Industry Into Chaos
A North Carolina-based organ procurement organization wants a federal court to toss aside a Centers for Medicare & Medicaid Services rule taking effect this year that will alter how organ procurers are certified, arguing the rule pits them against one another in a "Hunger-Games-style" competition.
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January 08, 2026
Vicor's Patent Defense Faces Skepticism In SynQor Case
Electronics company Vicor's claims that it couldn't have shown "willful blindness" of SynQor's power converter technology patent that a jury said it infringed met with some skepticism from a panel of Federal Circuit judges, who pointed out that Vicor's CEO himself said that he didn't look at the patent.
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January 08, 2026
Vape Companies Say ALJ Was Wrongly Appointed
Vaping product companies NJOY LLC and Altria Group Inc. asked a Virginia federal judge to grant them a win in a suit brought against the U.S. International Trade Commission, saying an administrative law judge was improperly appointed in proceedings seeking to prevent them from importing certain e-vapor products and devices.
Editor's Picks
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What To Expect From The Competition Appeal Tribunal In 2026
With a new president at the helm, potential government reform and a crowded trial calendar, lawyers say the next 12 months will see a Competition Appeal Tribunal with a more disciplined judicial culture.
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Antitrust Cases Ahead: Live Nation, Middleman On Trial
The U.S. Department of Justice and Federal Trade Commission enter 2026 with decisions to make about how to regroup after coming up short in major cases against Google and Meta Platforms.
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Merger Settlements Keep Rolling, With A Hitch
The U.S. Department of Justice and Federal Trade Commission took a more business friendly approach to merger reviews in 2025 than the previous administration, with a string of settlements allowing deals to move ahead without a challenge.
Expert Analysis
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Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'
An ongoing antitrust suit in Minnesota federal court filed by Sezzle against Shopify — one of the earliest such lawsuits focused on buy now, pay later services — could play a particularly informative role in how short-term credit offerings and the broader market develop, say attorneys at Alston & Bird.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement, and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Judge J. Clifford Wallace of the Ninth Circuit Court of Appeals.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Chancery Exec Noncompete Ruling Offers PE Buyer Lessons
In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
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Key Trends In Healthcare Antitrust In 2025
The healthcare industry braced for significant antitrust enforcement shifts last year driven by a change in administration, and understanding the implications of these trends is critical for healthcare organizations' risk management and strategic decision-making in the year ahead, say attorneys at Michael Best.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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What 2025 Enforcement Actions Show About FERC's Priorities
A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.