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Competition
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September 18, 2025
Think Tank Wants Funders To Bear Costs In Bid To Curb CPOs
A British think tank pushed for changes on Thursday that could reduce the number of U.K. class action claims that go forward, in anticipation of a major government review of the collective proceedings regime.
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September 18, 2025
Harley-Davidson Says 7th Circ. Right To Toss Warranty Suit
Harley-Davidson is urging the Seventh Circuit not to hold an en banc rehearing on antitrust claims alleging its warranties prohibited off-brand parts, saying the panel was correct last month when it found the plaintiffs failed to allege the relevant market or that the warranty actually had any such prohibition.
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September 18, 2025
Japanese Glycine Exporter Hit With 86% Antidumping Duty
The U.S. Department of Commerce issued a notice Thursday indicating a Japanese supplier of glycine faces a more than 86% antidumping duty rate, saying the company failed to cooperate with the federal government's investigation.
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September 18, 2025
CMA Weighs Probe Into Primark Owner's Planned Hovis Deal
The Competition and Markets Authority urged "interested parties" on Thursday to comment on the potential acquisition by Associated British Foods PLC of bread company Hovis Group Ltd.
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September 17, 2025
3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit
Algorithmic collusion by Atlantic City casino hotels, as alleged by their customers, poses a grave threat to consumers as the hotels use software to get around a century's worth of antitrust precedent, an attorney for the American Antitrust Institute told the Third Circuit on Wednesday, urging the court to revive an antitrust suit.
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September 17, 2025
Media Matters Again Denied Transfer Of X's Nazi Posts Suit
Media Matters for America must remain in Texas for X Corp.'s defamation lawsuit over a story about ads running alongside Neo-Nazi content, after a federal judge again refused Tuesday to transfer the case to California following a Fifth Circuit decision nixing a previous rejection of transfer.
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September 17, 2025
Hermes Gets Birkin Bag Antitrust Claims Tossed For Good
A California federal court on Wednesday tossed a proposed class action accusing Hermes of unlawfully tying the sale of its iconic Birkin handbag to other expensive items, finding the latest version of the complaint still fell short of making a plausible antitrust claim.
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September 17, 2025
DOJ & Google Going To Trial, Again, On Ad Tech Remedies
The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.
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September 17, 2025
3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility
The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.
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September 17, 2025
FTC Sends White House List Of Regulations For Deletion
The Federal Trade Commission provided the White House with a report on Wednesday recommending that more than 125 regulations from agencies across the federal government be modified or deleted because they create barriers to competition.
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September 17, 2025
Shipbuilders Ask Justices To Weigh 4th Circ. No-Poach Ruling
Shipbuilders and designers accused of conspiring to suppress industry wages urged the U.S. Supreme Court to review a Fourth Circuit decision that revived a proposed class action against them, saying the allegedly untimely antitrust claims threaten ruinous damages.
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September 17, 2025
NCAA Volunteer Coaches Secure $49M Wage-Fix Settlement
A California federal court approved a $49 million settlement between the National Collegiate Athletic Association and 1,000 Division I volunteer baseball coaches that resolves an antitrust dispute stemming from a now repealed bylaw that allegedly prevented the coaches from receiving market value wages.
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September 17, 2025
Sky-High AI Valuations Are Reshaping Dealmaking Playbook
The latest financing for Anthropic underscores how difficult it has become to dismiss sky-high valuations backing AI as froth, and shows how such numbers could reshape acquisition and exit strategies while exposing investors to heightened legal and financial risks.
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September 16, 2025
Fla. Seafood Wholesaler Exec Cops To Fixing Lobster Prices
The vice president of a Miami-based seafood wholesale company on Tuesday pled guilty in Florida federal court to scheming with competitors to fix the prices paid to fishermen for stone crab claws and spiny lobster.
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September 16, 2025
Merck Says Vaccine Case 'Poor Vehicle' For Antitrust Review
Merck & Co. told the U.S. Supreme Court to reject a bid from physicians looking to revive antitrust claims over submissions the pharmaceutical giant made to federal regulators concerning its mumps vaccine, arguing that the case is "an exceptionally poor vehicle" for review.
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September 16, 2025
FTC Ends Director Overlap In Healthcare Space
The Federal Trade Commission said three members of Sevita Health's board of directors resigned after enforcers flagged an overlap with the board of a competing provider of specialty healthcare for people with intellectual and developmental disabilities.
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September 16, 2025
Starbucks Resolves Swipe Fee Claims With BofA, Mastercard
Starbucks is the latest retailer to settle claims in an antitrust action Tuesday in New York federal court alleging Mastercard, Bank of America and several other financial institutions were part of an illegal scheme forcing merchants to pay excessive fees when shoppers pay with their credit or debit cards.
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September 16, 2025
4th Circ. Revives RICO Claims On Amazon Project Kickbacks
The Fourth Circuit in a published decision Tuesday revived racketeering and other claims from Amazon.com Inc. after two former employees, a real estate developer and an attorney operated a kickback scheme as the company spent hundreds of millions of dollars on a set of data center projects in northern Virginia.
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September 16, 2025
Jazz Can't Escape Antitrust Claims Over Sleep Disorder IP
A Delaware federal judge has refused to let Jazz Pharmaceuticals dodge antitrust claims that it wrongly listed a patent covering a way to distribute a narcolepsy drug in the U.S. Food and Drug Administration's Orange Book.
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September 16, 2025
Doximity Says AI Startup Using Lawsuits To Thwart Rivals
Telehealth platform Doximity has asked a Massachusetts federal judge to toss a trade secrets lawsuit brought by medical artificial intelligence company OpenEvidence, saying the startup is trying to "use the courts to stifle fair competition."
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September 16, 2025
Athletes' NCAA Eligibility At Stake In Pavia Case, 6th Circ. Told
Attorneys for both the NCAA and for Vanderbilt University football player Diego Pavia acknowledged to a Sixth Circuit panel Tuesday that the court fight over his eligibility to play this season would all but certainly become a debate over the future of all NCAA eligibility rules.
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September 16, 2025
BlackRock Blames Coal Production Cuts On Falling Demand
BlackRock Inc. told a Texas federal court that coal production has declined because demand from coal-fired power plants has been falling for years, not because asset managers conspired to pressure the producers.
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September 16, 2025
Maritime Recruiter Settles Naval Engineers' No-Poach Claims
A maritime jobs recruitment company has settled claims it participated in an illegal no-poach conspiracy to suppress wages among some of the country's biggest warship makers and naval engineering consultants, court records show.
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September 16, 2025
FTC Chair Pledges 'Action' Against Late Merger Fixes
Federal Trade Commission Chairman Andrew Ferguson vowed Tuesday to take unspecified "action" against tactics by merging companies to propose fixes only after antitrust enforcers bring a transaction challenge, a strategy he called "bad for the system."
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September 16, 2025
USDOT Orders Scuttling Of Delta-Aeromexico Joint Venture
The Trump administration has ordered Delta Air Lines and Aeromexico to scuttle their joint venture by Jan. 1, saying they gained an unfair advantage in the market after the Mexican government abruptly restricted flights from other carriers at Mexico City's primary airport.
Expert Analysis
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Recent Complex Global Deals Reveal Regulatory Trends
An analysis of six complex global deals that were completed or abandoned in the last year suggests that, while such deals continue to face significant and lengthy scrutiny across the U.S, U.K. and European Union, the path to closing may have eased slightly compared to recent years, say attorneys at Weil.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Employer-Friendly Fla. Law Ushers In New Noncompete Era
Florida's CHOICE Act is set to take effect July 1, and employers are welcoming it with open arms as it would create one of the most favorable environments in the country for the enforcement of noncompete and garden leave agreements, but businesses should also consider the nonlegal implications, say attorneys at BakerHostetler.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Current Antitrust Zeitgeist May Transcend Political Parties
The Trump administration's "America First" antitrust policy initially suggests a different approach than the Biden administration's, but closer examination reveals key parallels, including a broad focus on anticompetitive harm beyond consumer welfare and aggressive enforcement of existing laws, say attorneys at Arnold & Porter.
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Opinion
Courts Must Revitalize Robust Claim Construction
Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.
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State Tort Claims May Help Deter Bribes During FCPA Pause
As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Pace Of Early Terminations Suggests Greater M&A Scrutiny
The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.
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And Now A Word From The Panel: A Rare MDL Petition Off-Day
In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.