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Competition
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Featured
How World Aquatics Lost An Antitrust Case, But Owed Only $1
World Aquatics, swimming's international governing body, faced a $40 million damages claim from an upstart swimming league that could have been tripled under U.S. antitrust law, but ended up largely off the hook after a nominal $1 January jury verdict.
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March 17, 2026
Google Wants Cutoff Date For Ad Tech Rivals' Claims
Google moved to tee up a dismissal bid aimed at cutting key targeted policies from New York federal court antitrust claims from rival advertising placement technology providers, arguing that its "sophisticated" competitors cannot get around a four-year statute of limitations pegged to the U.S. Department of Justice's lawsuit.
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March 17, 2026
2nd Circ. Panel Not Sold On Ivy League Players' Antitrust Suit
A Second Circuit panel seemed inclined Tuesday to uphold a Connecticut federal judge's dismissal of a challenge to the Ivy League's ban on athletic scholarships, though one judge suggested reviving the case to probe whether students properly pled antitrust injury.
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March 17, 2026
Alcon Drops $430M Lensar Deal Under Pressure From FTC
Swiss eye care company Alcon Inc. has abandoned its planned purchase of a Florida-based maker of laser treatments for cataracts, Lensar Inc., after the Federal Trade Commission threatened to block the $430 million deal.
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March 17, 2026
Visa, Mastercard Win Shot At Overturning Fee Liability Ruling
Visa and Mastercard won their bid for permission to appeal a ruling that found their swipe fee schemes had violated competition rules, with the Competition Appeal Tribunal ruling Tuesday that all the credit card giants' grounds of appeal merit a full hearing.
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March 17, 2026
Nuclear Power Cos. Seek To Duck Wage-Fixing Class Action
Nuclear energy producers including Constellation Energy, DTE Energy, Duke Energy and NextEra Energy have urged the Maryland federal court to toss a proposed class action alleging they conspired to fix wages in a scheme that workers say spanned "100% of the nuclear power generation labor market."
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March 16, 2026
Live Nation Trial Resumes, Exec Says Competition Is Up
The antitrust trial of Live Nation picked back up Monday after a weeklong hiatus with a coalition of states in the driver's seat, after the U.S. Department of Justice settled its case against the live entertainment giant, with one of its executives testifying that competition in the concert promotion business has grown in recent years.
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March 16, 2026
Amazon's TM Abuse Suit Against IP Atty Survives Dismissal
A Seattle federal judge Monday rejected an intellectual property lawyer's attempt to shoot down Amazon's lawsuit accusing him of allowing a Chinese company to use his legal credentials to file thousands of inaccurate trademark registrations, ruling that the company's suit against attorney Jonathan G. Morton can proceed.
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March 16, 2026
High Court Urged Not To Review VRDO Class Cert.
The U.S. Supreme Court was urged not to review a Second Circuit decision upholding a class certification ruling in a $12 billion antitrust case over municipal bonds, with the class telling the justices the lower court properly analyzed the supporting expert evidence.
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March 16, 2026
Flyers Say Alaska Airlines Can't Ditch Merger Challenge
Airline passengers told a Hawaii federal judge that they have sufficiently alleged that Alaska Airlines' 2024 acquisition of Hawaiian Airlines has diminished consumer choice on a dozen routes, giving the Seattle-based airline "monopolistic dominance" over the West Coast market in violation of antitrust laws.
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March 16, 2026
Capital One's $5B Brex Purchase Must Be Blocked, Judge Told
A group of consumers wants a California federal judge to bar Capital One's proposed $5.15 billion acquisition of fintech company Brex, arguing it violates antitrust laws, after the group's first bid to halt the bank's purchase of Discover Financial Services failed.
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March 16, 2026
Lannett Investors Seek Final OK Of $5.8M Price-Fix Probe Suit
Former executives of pharmaceutical company Lannett Inc. and a class of investors have asked a Pennsylvania federal court to grant final approval to their $5.8 million deal to end claims the company and its leadership misled about Lannett's links to allegations of industrywide price-fixing in the market for generic drugs.
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March 16, 2026
NC Judge Fast-Tracks Job Info Order For Joe Gibbs Racing
Joe Gibbs Racing LLC's former competition director has one week to turn over communications and documents about his hiring and onboarding at a rival NASCAR team after a North Carolina federal judge on Monday granted the super team's bid for expedited discovery in their ongoing trade secrets battle.
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March 16, 2026
Class Rep Hit With £15M Bill Over Failed Train Ticket Claim
A consumer rights champion has been ordered to pay up to £15 million ($20 million) in legal costs over his failed class action accusing a group of train operators of abusing their dominant position and forcing some passengers to pay double the fare.
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March 16, 2026
Medtronic Seeks To Ax 'Extreme Outlier' $382M Antitrust Loss
Medtronic has urged a California federal judge to scrap its nearly $382 million trial loss to rival Applied Medical over Medtronic's bundling practices that a jury found suppressed competition for advanced bipolar devices, arguing the verdict is an "extreme outlier" in antitrust law that can't survive.
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March 16, 2026
Judge Says Live Witnesses Not Needed For HPE Deal Hearing
A California federal judge will not permit live witnesses during a hearing next week on a U.S. Department of Justice settlement for Hewlett Packard Enterprise's purchase of Juniper Networks but asked the state enforcers opposing the deal to have an expert available.
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March 16, 2026
Jury Hands Kawasaki $48M In Semiconductor Patent Trial
A California federal jury has said a Japanese technology company owes about $48 million for infringing a Kawasaki semiconductor patent and found that the infringement was willful.
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March 13, 2026
Adobe Inks $150M Deal In DOJ Suit Over App Subscriptions
Adobe Inc. will pay $75 million in civil penalties and offer customers $75 million in free services under a tentative deal to resolve the U.S. Department of Justice's lawsuit over the company's software subscription practices, including an early termination fee that prosecutors had described as "a bit like heroin" for the company.
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March 13, 2026
States To Head Live Nation Antitrust Trial After Feds Settle
Over two dozen states and the District of Columbia are forging ahead with monopolization claims against Live Nation in Manhattan federal court after the federal government unexpectedly agreed to settle with the live entertainment giant after a week of trial.
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March 13, 2026
9th Circ. Judges Seem Split Over NCAA's 5-Year Rule Appeals
Ninth Circuit panel judges expressed differing opinions Friday over whether a dispute between the NCAA and junior college graduates challenging the NCAA's five-year rule are moot since they graduated, with one judge saying lower courts' injunctions still block NCAA from seeking restitution against universities, while another judge called that relief "illusory."
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March 13, 2026
Cannabis Co. Loses Bid To Merge Rival's Suit With AI Fight
A Florida federal judge has found "there is no basis to consolidate" two lawsuits between medical marijuana company Leafwell and its competitor My Florida Green, concluding Leafwell's lawsuit accusing My Florida Green's counsel of misusing artificial intelligence to wreck Leafwell's business doesn't substantially overlap with My Florida Green's unfair business practice suit against Leafwell and others.
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March 13, 2026
6th Circ.: Mich. Island Can Regulate Ferry Fares, Not Parking
The Sixth Circuit has partly lifted a lower court order blocking a northern Michigan island from enforcing a new ferry ordinance, ruling the city can regulate ferry rates while the case proceeds but likely cannot control parking prices at mainland parking lots.
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March 13, 2026
EchoStar Must Put Away $40B To Pay Builders, Group Says
EchoStar should have set aside some of the $40 billion it plans to make from spectrum sales to AT&T and SpaceX to repay the companies who were supposed to be building Dish Network's 5G network, which EchoStar and Dish have now abandoned, a think tank has told the FCC.
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March 13, 2026
Agri Stats Cuts Chicken, Pork, Turkey Price-Fixing Deals
Agri Stats Inc. reached settlements Friday with groups of buyers in separate cases over alleged price fixing in the chicken, pork and turkey industries, ending several sets of claims targeting use of its benchmarking reports by protein processors.
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March 13, 2026
Vegas Paper Gets Temporary Reprieve After High Court Denial
A Las Vegas federal court has temporarily blocked the Las Vegas Review-Journal from ceasing to print and distribute rival daily newspaper the Sun, despite an appeals court invalidating the publications' long-standing joint operating agreement last year.
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March 13, 2026
Ex-FTC Staff Urge Full 9th Circ. Review Of Apple Injunction
A group of former antitrust enforcement officials threw their support behind Apple's request for the Ninth Circuit to reconsider its decision blocking the company from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems, arguing the decision tries to "micromanage Apple's dealings."
Editor's Picks
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FTC Ditching In-House Challenges May Be Seen In Close Calls
The Federal Trade Commission has signaled that it plans to start challenging mergers directly in federal court, rather than through its in-house process, and while the move is not expected to sway the outcome of most cases, it could influence the close ones.
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More Push In The 'Push-Pull' As DOJ Targets 'Gamesmanship'
The U.S. Department of Justice continues to build its task force targeting "gamesmanship" that it says BigLaw attorneys for major companies, especially technology platforms, are using to obstruct antitrust investigations — an effort that has been welcomed by some practitioners and questioned by others.
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FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
Expert Analysis
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The Benefits Of Choosing A Niche Practice In The AI Age
As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.
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Antitrust Crime Enforcement May Escalate Under New Chief
While the recent departure of the Justice Department’s Antitrust Division chief created uncertainty about enforcement priorities, the debut speech from the new acting division head revealed that companies can only expect the division’s focus on vigorous criminal prosecution and offender deterrence to grow, say attorneys at Sidley.
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Series
Podcasting Makes Me A Better Lawyer
Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.
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How The New Tariff Landscape May Unfold
To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.
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Series
Volunteering With Scouts Makes Me A Better Lawyer
Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.
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Compliance Takeaways Amid Subscription Practices Scrutiny
The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.
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Series
Law School's Missed Lessons: In Court, It's About Storytelling
Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.
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What US Arms Sales Reforms Mean For Defense Industry
A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.
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Aligning Microsoft Tools With NYC Bar AI Recording Guidance
The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.
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FTC Focus: Antitrust Spotlight On 'Acqui-Hires,' Noncompetes
A recent Federal Trade Commission focus on labor issues, like 'acqui-hire' deals, in which only a company's workforce is acquired, and noncompetes, shows that the agency is scrutinizing these issues on a case-by-case basis, necessitating a meaningful look at these transactions, particularly in the technology and artificial intelligence industries, say attorneys at Proskauer.
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A Single DOJ Corporate Enforcement Policy Raises Questions
The U.S. Department of Justice's soon-to-be-released uniform corporate criminal enforcement policy could address the challenges raised by the current decentralized approach, but it will need to answer a number of potential questions amid scant details, say attorneys at Pillsbury.
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WTO Most‑Favored‑Nation Reform May Hold Promise
When the World Trade Organization meets this month, it is expected to debate changing the most-favored-nation rule, a carefully calibrated loosening of which may be justified if it enables deeper liberalization and regulatory cooperation, says Alan Yanovich at Akin.
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5 Different AI Systems Raise Distinct Privilege Issues
A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.
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Opinion
AI-Assisted Arbitration Needs Safeguards To Ensure Fairness
As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.
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Paramount-WBD Deal Would Widen Net For Antitrust Scrutiny
The fresh likelihood of a merger between Paramount and Warner Bros. Discovery raises the prospect of added intervention from the U.S. Department of Justice due to the companies' overlaps in key markets, and may signal expanded DOJ scrutiny of potential anticompetitive effects on supply chains, says Shubha Ghosh at the Syracuse University College of Law.