Competition

  • December 15, 2025

    States Fight Sandoz Bid To Argue Duplication In Generics Row

    Multiple attorneys general have told a Connecticut federal court that Sandoz Inc. and Fougera Pharmaceuticals Inc. can't claim the states' grievances over allegations of price fixing are duplicative of claims that were already settled, since there are some claims and forms of relief that only state plaintiffs can seek.

  • December 15, 2025

    DOJ Raises Accreditation Concerns In Vet School Case

    The U.S. Department of Justice waded into a Tennessee veterinary school's antitrust case challenging the American Veterinary Medical Association's accreditation requirements, raising concerns about the risk posed by professional groups that play gatekeeping functions.

  • December 15, 2025

    NC Panel Says State's Hospital Law Is Constitutional

    North Carolina's "certificate of need" law hasn't created a monopoly nor has it restricted an eye surgeon's right to earn a living, a state court panel ruled Friday, ending for now the surgeon's yearslong suit arguing the law is facially unconstitutional.

  • December 15, 2025

    DC Circ. Urged To Revive Rail Fuel Surcharge Collusion Suit

    Rail shippers painted a story of different judges reaching opposite conclusions on the same evidence in an attempt to convince the D.C. Circuit to revive their lawsuit accusing Union Pacific, CSX, Norfolk Southern and BNSF of colluding on freight fuel surcharges.

  • December 15, 2025

    Profs, Pashman Stein Partner Back Burford In 3rd Circ. Case

    Two prominent international arbitration professors and a Pashman Stein Walder Hayden PC partner are urging the Third Circuit to revisit its decision dismissing on jurisdictional grounds Burford Capital's bid to arbitrate a dispute relating to German antitrust litigation.

  • December 15, 2025

    Texas, Toronto Stock Exchanges End Trademark Dispute

    The Texas Stock Exchange has buried the hatchet with the Toronto Stock Exchange and ended its suit seeking a court finding that the two exchanges' logos are dissimilar. 

  • December 15, 2025

    Supreme Court Turns Down Entresto Patent Fight

    The U.S. Supreme Court on Monday rejected a petition from MSN Pharmaceuticals Inc. claiming the Federal Circuit improperly applied what is known as after-arising technology when reviving a patent covering Novartis Pharmaceuticals Corp.'s blockbuster cardiovascular drug Entresto.

  • December 12, 2025

    Google To Face Publishers' Class Claims Over AdX Exchange

    A New York federal judge Friday granted class certification in a multidistrict antitrust litigation over Google's advertising technology to publishers who sold ad space through the search giant's AdX ad space marketplace, but denied certification to publishers who used Google's AdSense platform and to a proposed class of advertisers.

  • December 12, 2025

    Live Nation Consumers Get Class Certified In Antitrust Case

    A California federal judge Friday certified a class of consumers accusing Live Nation of monopolizing the live entertainment industry, rejecting the company's argument that there aren't common issues that predominate over individual ones and adopting a tentative ruling he issued earlier this month.

  • December 12, 2025

    Dropped FTC Complaint: Pepsi Gave Walmart A 'Price Gap'

    The Federal Trade Commission's newly unsealed New York federal court complaint confirms that the agency had accused Pepsi of favoring Walmart, until the newly Republican-controlled FTC abandoned the lawsuit alleging the soda giant both gave Walmart discounts denied others and actively sought to raise Walmart's rivals' own prices.

  • December 12, 2025

    Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal

    The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.

  • December 12, 2025

    Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'

    Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.

  • December 12, 2025

    1st Circ. Affirms Ex-ADI Engineer's Trade Secrets Conviction

    The First Circuit has affirmed a former Analog Devices Inc. engineer's trade secrets conviction, ruling that the indictment's reference to a specific microchip model did not preclude a guilty verdict based on his possession of schematics for its prototype.

  • December 12, 2025

    MVP: Winston & Strawn's Jeffrey Kessler

    Winston & Strawn LLP's Jeffrey Kessler helped student athletes reach a landmark multibillion-dollar settlement with the NCAA in long-running litigation over the use of name, image and likeness, earning him a spot as one of the 2025 Law360 Competition MVPs.

  • December 12, 2025

    Shipbuilders, Naval Engineer Spar Over Witness Statements

    Shipbuilders and design consultants accused of illegally conspiring to suppress industry wages are clashing with a former naval engineer over what various witnesses told her in support of her proposed class action against the companies.

  • December 12, 2025

    Taxation With Representation: Cravath, Skadden, Debevoise

    In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.

  • December 12, 2025

    Microsoft Says £2B Class Action Fails To ID Viable Legal Test

    Microsoft said at a London antitrust tribunal on Friday that a claim potentially worth £2.1 billion ($2.8 billion) should not be given clearance to continue, arguing the competition lawyer proposing to bring it had not identified a route for it to go to trial.

  • December 11, 2025

    9th Circ. Upholds Apple App Store Injunction In Epic Fight

    The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.

  • December 11, 2025

    9th Circ. Won't Rethink Vegas Hotels' Win In Price-Fixing Suit

    The Ninth Circuit on Dec. 11 rejected Las Vegas hotel guests' request for the full appeals court to reconsider a panel's August ruling that threw out their proposed class action accusing the casino-hotel operators of using software to illegally inflate room rates.

  • December 11, 2025

    Epic Systems Is Monopolizing EHR Market, Texas AG Suit Says

    Texas Attorney General Ken Paxton hit Epic Systems Corp. with an antitrust suit in state court on Wednesday alleging the company is illegally seeking to monopolize markets for electronic health records software.

  • December 11, 2025

    Visa Defeats Payments Co.'s 'Muddled' Antitrust Suit

    A California federal judge Thursday dismissed a payment solutions company's lawsuit accusing Visa Inc. of monopolizing the card payment processing services market, criticizing the company's latest complaint as being "harder to follow" than one previously tossed and still failing to allege any antitrust injury.

  • December 11, 2025

    FTC Challenges $725M Construction Adhesives Deal

    The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.

  • December 11, 2025

    Visa Escapes Investor Suit Over DOJ Claims

    A California federal judge has released Visa from a securities fraud suit accusing it of concealing anticompetitive debit practices that are the subject of a lawsuit filed by the U.S. Department of Justice, saying the plaintiffs did not show that Visa's alleged omissions caused investors losses.

  • December 11, 2025

    Texas Business Group CEO Resigns After Sexual Assault Suit

    The CEO of Texas' largest business association has stepped down after a woman who founded a business advocacy group said he attempted to coerce her into a sexual relationship and then assaulted her when she rejected his advances. 

  • December 11, 2025

    Zillow Cases Over Agent Steering, Kickbacks Merge In Wash.

    A Washington federal judge on Thursday appointed Hagens Berman Sobol Shapiro LLP and DiCello Levitt LLP as interim co-lead counsel over consolidated claims that Zillow paid kickbacks to brokers for referrals to its own mortgage services, among other anticompetitive conduct using company agents.

Expert Analysis

  • 10 Commandments For Agentic AI Tools In The Legal Industry

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    Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

  • Series

    Preaching Makes Me A Better Lawyer

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    Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

  • And Now A Word From The Panel: A New Rule For MDLs

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    With a new federal rule of civil procedure dedicated to multidistrict litigation practice taking effect this month, MDL watchers will be keeping on eye on whether the rule effectively serves its purpose of ensuring that only supportable claims proceed in MDLs, says Alan Rothman at Sidley.

  • FTC Focus: Amazon's $2.5B Pact Broadens Regulatory Span

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    Amazon's $2.5 billion deal with the Federal Trade Commission offers takeaways for counsel managing risk across both consumer protection and competition portfolios, including that design strategies once evaluated solely for conversion may now be scrutinized for their competitive effects, say attorneys at Proskauer.

  • Series

    Law School's Missed Lessons: Practicing Client-Led Litigation

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    New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

  • Meta Monopoly Ruling Highlights Limits Of Market Definition

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    A D.C. federal court's recent ruling that Meta is not monopolizing social media raises questions, such as why market definition matters and whether we have the correct model of competition, which can aid in making a stronger case against tech companies, says Shubha Ghosh at the Syracuse University College of Law.

  • Series

    The Law Firm Merger Diaries: How To Build On Cultural Fit

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    Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

  • The Future Of Digital Asset Oversight May Rest With OCC

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    How the Office of the Comptroller of the Currency handles fintechs' growing interest in national trust bank charters, demonstrated by a jump in filings this year, will determine how far the federal banking system extends to digital assets, and whether the charter becomes a mainstream supervisory pathway, say attorneys at Sheppard Mullin.

  • Fashion Giants' €157M Fine Shows Price-Fixing Not In Vogue

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    The European Commission’s recent substantial fining of fashion houses Gucci, Chloé and Loewe for resale price maintenance in a distribution agreement demonstrates that a wide range of activities is considered illegal, and that enforcement under EU competition law remains a priority, says Matthew Hall at McGuireWoods.

  • Considerations When Invoking The Common-Interest Privilege

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    To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

  • Series

    The Law Firm Merger Diaries: Making The Case To Combine

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    When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

  • What To Watch As NY LLC Transparency Act Is Stuck In Limbo

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    Just about a month before it's set to take effect, the status of the New York LLC Transparency Act remains murky because of a pending amendment and the lack of recent regulatory attention in New York, but business owners should at least prepare for the possibility of having to comply, says Jonathan Wilson at Buchalter.

  • Opinion

    Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

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    Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

  • Rule Amendments Pave Path For A Privilege Claim 'Offensive'

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    Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

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    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

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