Competition

  • September 09, 2026

    Disney Gets Fubo Streaming Rate Claims Sent To Arbitration

    A California federal court ordered Fubo subscribers to arbitrate their antitrust claims in a case accusing Disney of driving up the cost of subscriptions by forcing the streaming platform to carry a package of channels instead of just ESPN.

  • September 09, 2026

    Mackinac Island Says Ferry Operators Created Discovery Fight

    A northern Michigan island resort community has urged a federal court to reject ferry operators' bid to compel testimony from a city representative, arguing that the companies created the discovery dispute by refusing to narrow sweeping deposition topics covering as much as 16 years.

  • September 09, 2026

    Calif. Judge Hands Eli Lilly Mixed Bag In Compound Drug Suit

    Eli Lilly failed to plausibly allege that a physician group and pharmacy conspired to falsely advertise compounded versions of its diabetes and weight loss drugs, but can continue with allegations they conspired to unfairly compete with Lilly, a California federal judge held.

  • September 09, 2026

    Mass. Justices Wary Of Easing Restrictions On Noncompetes

    Massachusetts top court justices hearing a case over a state law restricting noncompete provisions appeared reluctant Wednesday to carve out high-level employees who might sign such agreements as part of a separate deal for equity or other incentives.

  • September 09, 2026

    Class Settlement MDL Plaintiffs Say Cos. Hinder Disclosure

    Plaintiffs in a sprawling multidistrict case accusing class action settlement administrators of hiding kickbacks from financial institutions are accusing the defendant companies of stalling prediscovery planning through "piecemeal and inadequate" disclosures and are asking the D.C. federal judge presiding over the case to order disclosures.

  • September 09, 2026

    5-Hour Energy Rival Takes Antitrust Fight To 6th Circ.

    A rival of 5-Hour Energy is taking its beef with the energy shot maker to the Sixth Circuit after a Michigan federal judge refused to revive its claims that the company was keeping competitors out of the market by inking deals that require its products be displayed at checkout counters.

  • September 09, 2026

    Pa. Athletes Challenge Exclusion From NCAA Eligibility Rule

    More than a dozen student-athletes who graduated from high school in 2022 say they were unfairly excluded from a new NCAA rule granting five years of eligibility for competition, and asked a Pennsylvania state court for an order allowing them to reenroll for sports in the new school year.

  • September 09, 2026

    DOJ Deepens Probe Into Fox's $22B Roku Deal

    Fox Corp. and Roku disclosed Wednesday that the U.S. Department of Justice has launched an in-depth probe into Fox's purchase of Roku, stalling their ability to close the deal until the investigation wraps.

  • September 09, 2026

    Paramount Doubles Down On $1.9B Bond Bid In Merger Suit

    Paramount has insisted the Writers Guild of America and state attorneys general cannot avoid putting up a roughly $1.9 billion bond as they challenge the media company's $110 billion acquisition of Warner Bros. Discovery, saying their arguments against its bond bid fail under the Clayton Act.

  • September 09, 2026

    Mastercard Sued By 300 Hotels In Latest Swipe-Fees Case

    A group of 300 hotel companies has brought a competition claim against Mastercard, the latest in a series of swipe-fee dispute claims the payments giant has faced.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    Eli Lilly 'Sabotaged' Rezpeg's Development, Nektar Tells Jury

    Eli Lilly & Co. breached its deal with Nektar Therapeutics to co-develop the autoimmune-disease drug Rezpeg and instead "sabotaged" its development in favor of a different Eli Lilly drug, a Nektar lawyer told a California federal jury during opening statements Tuesday, while Lilly's counsel countered that Nektar was unharmed by the deal's termination.

  • September 08, 2026

    Cardboard-Makers Can't Duck Price-Fixing Class Action

    An Illinois federal judge has rejected a bid from major containerboard manufacturers to dismiss a class action accusing them of conspiring to fix prices, saying the plaintiff purchaser's allegations concerning six price increases were well plead and sufficient "to show parallel conduct."

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    Amazon Says No Need For Early Discovery In NJ AG's Case

    Amazon has told a New Jersey federal court there's no need to expedite discovery in the state's case accusing the e-commerce giant of using its market power to stifle competition for delivery drivers, saying the case belongs in front of the National Labor Relations Board.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    Amazon Nearly Controls Full Delivery Driver Market, Suit Says

    Amazon rigged its delivery service partner program to abuse its monopsony power, suppressing wages and imposing working conditions so atrocious that drivers resort to relieving themselves in water bottles to meet inhuman delivery requirements, according to a proposed antitrust class action filed in California federal court.

  • September 08, 2026

    Motorola Tells DC Circ. That Google Search Payments 'Vital'

    Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

  • September 08, 2026

    Auto Tools Trade Org. Says Antitrust Claims Are Baseless

    An automotive lift trade association and several lift manufacturers asked a Texas federal court to toss antitrust claims brought by a Texas manufacturer, saying that the manufacturer failed to state a viable claim under the Sherman Act.

  • September 08, 2026

    SEC Sues Proxy Adviser Firm ISS For Client Voting Records

    The U.S. Securities and Exchange Commission has asked a Pennsylvania federal court to enforce a subpoena against Institutional Shareholder Services, alleging the proxy advisory firm is improperly withholding information about the voting advice ISS gives institutional investors due to fears of retaliation.

  • September 08, 2026

    'Resilience,' Scale Up For Changes In EU Merger Overhaul

    With major European Union merger reforms due for finalization by the end of the year, the EU's top competition official said Sunday that enforcers plan to add more clarity to the draft merger guidelines, including by spelling out how improving environmental "resilience" can push transactions across the finish line.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

  • September 08, 2026

    Calif. Urges Justices To Let Paramount Merger Case Play Out

    California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. Discovery have urged the U.S. Supreme Court not to expedite Iowa and Montana's case seeking to block the merger challenge.

Expert Analysis

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • Food Kiosk Merger Offers FTC Insights For Dealmakers

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    The Federal Trade Commission's recent approval of 365 Retail Markets' merger with fellow food-kiosk provider Cantaloupe balances structural divestiture with behavioral provisions, emphasizing the role of early engagement by the parties and the importance of tailored remedies in concentrated markets, say attorneys at Freshfields.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Nexstar Offers A Cautionary Tale On State-Level Deal Scrutiny

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    State-enforcement challenges to the $6.2 billion Nexstar-Tegna merger remind legal practitioners that federal approval isn't always sufficient to deliver certainty on closing, integration and timetable assumptions, says Brett Story at Britehorn Securities.

  • How 'Bundling' Enforcement Is Parsing Efficiency, Access

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    Recent antitrust enforcement actions have taken a selective view of companies' bundling of products or services — challenging it when it shuts out rivals, but tolerating it when it creates efficient scale — making the real test now less about lower prices than about whether competition is being blocked, says attorney Alan Kusinitz.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • 1st Surveillance Pricing Law In Md. Reflects Broader Scrutiny

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    A new law will make Maryland the first state to target data-driven or surveillance-based price manipulation, highlighting increased scrutiny from federal and state enforcement agencies and policymakers as they consider whether new laws are required to regulate dynamic pricing, say attorneys at Pillsbury.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • Live Nation Shows States, Experts Key To Antitrust Verdicts

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    A New York federal jury's recent finding that Live Nation unlawfully monopolized primary ticketing services and amphitheaters demonstrates that states will not defer to federal agencies when they believe anticompetitive conduct warrants stronger action and highlights the vital role of economic expert testimony in antitrust cases, say attorneys at Paul Weiss.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • FTC Focus: Ad Deal Signals Viewpoint Suppression Is A Risk

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    The Federal Trade Commission's recent settlement of an antitrust case accusing major ad agency holding companies of colluding on brand safety standards underscores the risk of industry coordination on politically or socially sensitive issues and signals heightened viewpoint suppression scrutiny for companies and antitrust practitioners, say attorneys at Proskauer.

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