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Competition
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May 14, 2025
Walmart Hit With $223M Verdict In Trade Secrets Fight
An Arkansas federal jury has awarded Zest Labs Inc. nearly $223 million in a suit that had accused Walmart of swiping the startup's trade secrets related to shelf-freshness technology.
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May 14, 2025
Aviva's £3.7B Deal To Buy Direct Line Gets UK Investigation
Britain's antitrust watchdog said Wednesday that it is investigating Aviva's proposed £3.7 billion ($4.9 billion) cash and stock acquisition of rival insurer Direct Line, saying it has concerns about competition.
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May 13, 2025
X Says Elon Musk Can't Sit For Media Matters Deposition
X Corp. told a Texas federal judge that left-leaning watchdog Media Matters for America cannot make billionaire CEO Elon Musk sit for a deposition in X's disparagement suit, saying Musk lacks specific knowledge about the case and is "one of the busiest men on the planet."
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May 13, 2025
DOJ Antitrust Deputy Says Gov't 'Out-Lawyered' Google
The deputy head of the U.S. Justice Department's Antitrust Division took a victory lap Tuesday after dual monopolization wins over Google's search and advertising technology businesses, citing the cases as proof that the government's attorneys can win in a "David versus Goliath" battle.
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May 13, 2025
FTC Remains Concerned With Merger 'Underenforcement'
A Federal Trade Commission official emphasized Tuesday that Trump administration merger enforcers are worried about taking insufficient action against tie-ups, as they stand by Biden-era guidelines meant to enshrine a more aggressive tack against corporate concentration.
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May 13, 2025
Google Spars With AGs Over Impact Of DOJ Ad Tech Ruling
Google is telling a Texas federal judge that its recent ad tech trial loss to the U.S. Department of Justice in the Eastern District of Virginia should have no bearing on the similar case brought in Texas by state attorneys general because the Virginia ruling is not yet final.
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May 13, 2025
Ski Resort Owner Offers Alternative Fixes After Antitrust Loss
A New York ski resort operator is offering alternative remedies for a state court to consider after it found the owner violated antitrust law by acquiring a rival ski operation and shutting it down, despite a call from enforcers for a sale of the property to another operator.
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May 13, 2025
Regeneron-Amgen Drug Bundling Trial Heads Toward Jury
An economics expert called by Amgen Inc. told a Delaware federal jury Tuesday that none of the company's deals to bundle other discounted major medications with its cholesterol-reducing drug Repatha foreclosed market competition, a day before jurors begin deliberating on an antitrust suit targeting the practice.
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May 13, 2025
Grocery Giants Fight Washington's 'Redundant' $32.4M Fee Bid
Kroger and Albertsons are fighting a bid by Washington's attorney general to recover a record $32.4 million in legal fees for winning a lawsuit to block a $24.6 billion merger of the grocery giants, saying that the state's "go-it-alone" litigation was unnecessary and wasteful because of parallel antitrust action by the Federal Trade Commission.
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May 13, 2025
State Farm's Emergency Rate Hike Request Approved In Calif.
California Insurance Commissioner Ricardo Lara announced Tuesday that he had adopted a judge's recommendation to approve State Farm General Insurance Co.'s request for an emergency rate increase for property insurance in the state, following January wildfires that have already cost California insurers $12.1 billion.
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May 13, 2025
Pa. Justices Question Ruling Over Verizon's Utility Pole Rents
Some justices on Pennsylvania's Supreme Court questioned Tuesday whether the state's Public Utility Commission skipped steps in declaring that electrical utility FirstEnergy was charging Verizon "unjust and unreasonable" rates to rent space on utility poles, since the decision appeared to rest mainly on federal price limits the state had adopted.
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May 13, 2025
Senate Dems Say Paramount Deal Needs Full FCC Vote
Two Democratic senators called Tuesday for a full Federal Communications Commission vote on the tie-up of Paramount and Skydance Media to avoid even the "appearance of impropriety" from the deal gaining approval amid President Donald Trump's suit against Paramount's CBS.
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May 13, 2025
NCAA Angles To Keep Baseball Player's Eligibility In Check
The NCAA has told a Tennessee federal court it should not reconsider overruling the organization's denial of a waiver that would have given a Division I baseball player another year of eligibility while the athlete pursues an antitrust lawsuit challenging its rules for junior college transfers.
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May 13, 2025
PBMs Get Bipartisan Bashing At Hearing On Drug Costs
Senators across party lines slammed pharmacy benefit managers on Tuesday, sometimes in coarse language, as they wrestled with how to reduce drug prices for patients while also preventing the closure of rural pharmacies.
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May 13, 2025
FTC To Keep Focus On Key Sectors, Address Personal Liberty
The head of the Federal Trade Commission's Bureau of Competition said Tuesday the agency will remain focused on healthcare, technology and labor issues as enforcers also work to ensure corporate power does not infringe on personal liberties.
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May 13, 2025
Berkshire Unit Loses Bid To Transfer Commission Fee Suit
A Berkshire Hathaway unit and a full-service real estate company cannot transfer a proposed class action accusing real estate brokers of conspiring to inflate commissions for home sales out of Missouri federal court, the presiding judge has ruled.
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May 13, 2025
Express Scripts, FTC Say Defamation Suit 'Should Proceed'
The Federal Trade Commission's new Republican leadership is ready to defend against an Express Scripts defamation lawsuit targeting an agency report excoriating it and other pharmacy benefit managers for allegedly inflating drug costs, the agency and the PBM told a Missouri federal judge Monday.
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May 12, 2025
Missouri Hit With Sanctions In Generics Price-Fixing Fight
A Connecticut federal judge Monday agreed to sanction and potentially dismiss for good the state of Missouri from antitrust litigation by state enforcers accusing generic-drug makers of conspiring to raise drug prices, finding Missouri violated a court order by ignoring the drugmakers' repeated discovery requests.
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May 12, 2025
GOP Sens. Urge FCC To Overhaul Media Ownership Regs
Almost two dozen Republican senators have asked the Federal Communications Commission to "modernize the FCC's broadcast ownership rules," loosening regulations to allow "local broadcasters to compete with today's media giants."
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May 12, 2025
UTC Again Seeks To Stave Off Lung Drug Competitor In IP Suit
United Therapeutics Corp. has lodged another challenge trying to block Liquidia Technologies Inc. from selling its own version of the blockbuster lung disease treatment Tyvaso, filing a patent infringement suit in North Carolina federal court.
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May 12, 2025
AGs Call Sandoz Deal's Consumer-Side Benefits 'Illusory'
Dozens of state attorneys general asked a Pennsylvania federal judge to permit intervention into a $275 million settlement resolving generic-drug price-fixing claims from end-payor plaintiffs against Sandoz, arguing the deal threatens relief for consumers and warning that the agreement favors insurers over individuals.
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May 12, 2025
Cardholders Can't Revive Visa, Mastercard Swipe Fee Suit
A New York federal judge on Monday declined cardholders' bid to revive their interchange fee suit against Visa, Mastercard and major banks, saying they failed to show that they were directly harmed by an alleged swipe fee price-fixing conspiracy.
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May 12, 2025
More Than Defaults: Google Judge Mulls AI, Search, Browsers
A D.C. federal judge has three weeks to figure out the last questions he'll ask the U.S. Department of Justice and Google before laying out search monopolization remedies that could help shape the way consumers search, browse and use artificial intelligence.
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May 12, 2025
No One Can Challenge Rehab Permit Deal, Conn. Tells Court
No one is aggrieved by a Connecticut agency settlement that granted a conditional approval to the operator of a substance abuse treatment facility, so no one can challenge it in court, the state attorney general's office argued Monday before the Connecticut Supreme Court.
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May 12, 2025
9th Circ. Questions Vegas Casino Room Rate Claims
A skeptical Ninth Circuit panel had questions Monday for guests accusing Las Vegas casino-hotel operators of using the same software to inflate room rates about what they need to show for their algorithmic pricing claims to survive.
Expert Analysis
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2 Del. Rulings Reinforce Proof Needed For Records Demands
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.
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How To Accelerate Your Post-Attorney Career Transition
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.
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Key Takeaways From The 2025 Spring Antitrust Meeting
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.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
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.
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Mass. AG Emerges As Key Player In Consumer Protection
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.
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Series
Birding Makes Me A Better Lawyer
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.
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An Update On IPR Issue Preclusion In District Court Litigation
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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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Ruling Pits EU Competition Law Against Arbitral Awards
The Madrid High Court's referral order to the Court of Justice of the European Union in a recent contractual dispute case squarely confronts the question of whether national systems may lawfully immunize arbitrators from meaningful scrutiny when they fail to apply binding EU competition law, says Josep Galvez at 4-5 Gray's Inn.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.