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Competition
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February 18, 2026
Equifax's Bid To Arbitrate 'Too Clever By Half,' Judge Says
Equifax waived its right to arbitrate a proposed class action accusing it of monopolizing the income and employment verification market, a Pennsylvania federal judge ruled, calling the credit reporting agency's post-complaint addition of an arbitration provision in its user agreement a legal tactic "too clever by half."
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February 18, 2026
Blue Shield Of Calif. Says 'Ghost Network' Action Falls Flat
Trouble finding a mental health care therapist is unfortunate but not something that an entire class action can be based on, argued Blue Shield of California, urging a federal judge to dismiss a suit accusing the company of maintaining a "ghost network" directory of providers who don't exist or don't accept new patients.
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February 18, 2026
Canada's Olympic Body Joins NHL, CHL Antitrust Defense
Canadian hockey officials asked the Ninth Circuit to reject an appeal from junior players who sued the National Hockey League and its pipeline organizations over alleged antitrust violations, arguing certain rules actually benefit the community and foster competition.
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February 18, 2026
Live Nation Antitrust Claims Heading To Trial
A New York federal judge on Wednesday refused a bid from Live Nation Entertainment Inc. to avoid a looming trial in a case from the U.S. Department of Justice and state enforcers accusing it of monopolizing the live entertainment industry.
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February 18, 2026
Binance.US, Crypto Data Site Beat Antitrust Suit Again
Binance.US and a digital asset market data website have again beaten proposed class action claims they suppressed a cryptocurrency's value by misstating its ranking in violation of federal antitrust law and commodities regulation, though the investor who brought the suit has a chance to revise the claims.
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February 18, 2026
Judge Won't Let MediaTek Out Of Bogus Litigation Case
A California federal judge won't grant Taiwanese semiconductor maker MediaTek Inc. a win in a lawsuit from Taiwanese competitor Realtek accusing the former of colluding with other companies to harass Realtek with bogus patent cases, saying a Texas federal judge's ruling that denied Realtek sanctions in a case there didn't mean the baselessness of the case couldn't be relitigated.
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February 18, 2026
Sandoz's Case Against Amgen Over Enbrel Biosimilar Tossed
A Virginia federal court found that Sandoz Inc. should have brought its claims accusing Amgen of blocking competition for Enbrel in a previous patent dispute over the blockbuster autoimmune disease treatment.
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February 18, 2026
Sen. IP Leads Worry About Outsize Standards Influencers
U.S. senators who lead the Judiciary Committee's subcommittee on intellectual property wrote to the head of the American National Standards Institute stressing "the essential importance of integrity, balance and transparency" while developing standards in the U.S.
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February 18, 2026
DOJ Allowed To Dictate Pay, Term Of Google Search Watchers
A D.C. federal judge sided with the U.S. Department of Justice on Tuesday regarding the key terms of service for the five-member technical committee tasked with observing Google's compliance with mandates to prop up rival search engines with search results and data.
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February 18, 2026
Will Jurors Penalize AI? Study Examines Trade Secrets Impact
A forthcoming academic study suggests juries may treat AI-enabled actions more harshly than human conduct in trade secrets disputes, resulting in what the authors call an “AI penalty.” Attorneys say reality is more complicated.
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February 18, 2026
Judge Rejects FTC's Emergency Bid To Spare Merger Rule
The Federal Trade Commission has just until Thursday to obtain Fifth Circuit intervention after a Texas federal judge refused Wednesday to extend his seven-day pause on the order scrapping the agency's premerger reporting overhaul.
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February 18, 2026
J&J Unit Appeals $442M Catheter Antitrust Loss To 9th Circ.
Johnson & Johnson's Biosense Webster health tech unit urged the Ninth Circuit to overturn a California federal jury's $147 million antitrust verdict — later upped to $442 million — over the company withholding cardiac mapping support to hospitals using third-party reprocessed catheters, saying Innovative Health LLC didn't prove its allegations of unlawful tying.
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February 18, 2026
Amazon Rips FTC's 'Farfetched' Antitrust Discovery Refusals
Amazon slammed the Federal Trade Commission on Tuesday for treating discovery "as a one-way road" in the agency's antitrust case against the e-commerce giant, calling on a Seattle federal judge to again order the agency to cough up answers that the company says are key to formulating its defense.
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February 18, 2026
College Pitcher Drops NCAA Eligibility Suit After Early Blow
A college baseball player hoping to pitch at Pepperdine University has dropped his suit against the NCAA's eligibility rules just days after a California federal judge rebuffed his bid to play while the lawsuit moved forward.
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February 18, 2026
Crowell & Moring Antitrust Leader Jumps To Sidley In NY
Sidley Austin LLP said Wednesday it had hired the chair of Crowell & Moring LLP's New York antitrust practice.
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February 18, 2026
BlueScope Gets $11B 'Final' Bid From SGH, Steel Dynamics
Australia's BlueScope Steel Ltd. said Wednesday it is reviewing a revised, unsolicited buyout bid from SGH Ltd. and Steel Dynamics Inc. worth $11 billion.
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February 18, 2026
5 Firms Shape Kennedy Wilson's $1.65B Take-Private Deal
Real estate investment firm Kennedy Wilson has announced it agreed to be taken private by a consortium led by the company's CEO and Canadian insurance company Fairfax Holdings in an up to $1.65 billion deal advised by five law firms.
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February 18, 2026
Visa, Mastercard Can't Avoid Swipe Fee Claims Pass-On
Mastercard and Visa lost a bid on Wednesday to fend off a class action from retailers over unlawful card payment fees by arguing that the merchants didn't suffer loss because they passed on the charges.
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February 18, 2026
UK Consumer Group Drops £480M Qualcomm Class Action
Consumer group Which has said it is dropping its £480 million ($651 million) collective action accusing Qualcomm of anticompetitive behavior that drove up the prices of Apple and Samsung phones before the result of a five-week trial is delivered.
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February 17, 2026
Dismissal Of FTC Merger Rule Shows Nothing 'Broken' To 'Fix'
Some antitrust practitioners see vindication in last week's Texas federal court decision throwing out the Federal Trade Commission's premerger reporting overhaul, saying it gives credence to arguments that U.S. antitrust enforcers were trying to plug holes in merger review where there were none.
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February 17, 2026
States Hit Discovery Roadblocks In HPE Merger Fight With DOJ
A California federal judge mostly sided with the Justice Department on Tuesday on the latest discovery disputes in state attorneys general's challenge to a DOJ settlement greenlighting Hewlett Packard Enterprise's $14 billion Juniper acquisition, ruling that HPE doesn’t need to reveal who's bidding for divested assets, and refusing to delay deadlines.
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February 17, 2026
Betting Tech Rivals Settle Antitrust, Patent Row
Sports technology company Panda Interactive has settled its patent dispute with its rival Sportradar and asked a Texas federal judge to stay all activity in the case for 30 days while the parties finalize the agreement.
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February 17, 2026
Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid
A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.
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February 17, 2026
Union Says Express Scripts Diverted Billions In Kickback Fees
A Chicago plumbers union healthcare fund told an Illinois federal court Tuesday that the nation's largest pharmacy benefit manager, Express Scripts, violated federal criminal law when it used a Switzerland-based company to hide kickbacks it generated by charging drug companies fees for key placement on prescription plan drug lists.
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February 17, 2026
Pepsi And Walmart Inflated Soda Prices, ND Businesses Say
Pepsi and Walmart devised a plan to inflate prices for Pepsi soft drinks above competitive levels, two North Dakota businesses said in a proposed class action in New York federal court that alleges the companies violated federal antitrust laws.
Expert Analysis
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Unpacking Notable Details From FTC's 'AI Washing' Cases
The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.
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Antitrust Considerations Amid Cricket's US Expansion
As cricket continues to grow in popularity in the U.S., leagues, teams and enterprises operating in adjacent spaces should consider the potential antitrust risks associated with their business decisions, particularly around league operations and regulations, broadcasting, licensing, and player labor and mobility, say attorneys at Morgan Lewis.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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What To Know About NCAA Deal's Arbitration Provisions
Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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And Now A Word From The Panel: Back In Action
A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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AI Infrastructure Growth Brings Unique IP Considerations
The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.