Competition

  • June 23, 2025

    X Nears Deal In Contract, Antitrust Fight With Data Scraper

    A California federal judge overseeing litigation launched by X Corp. accusing data scraper Bright Data Ltd. of improperly accessing its servers granted the parties' request to stay the case after receiving a joint stipulation stating they'd reached a settlement in principle and were "working diligently" to finalize the deal.

  • June 23, 2025

    Amazon Sanctioned For Hidden Discovery

    A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.

  • June 23, 2025

    FTC Puts Viewpoint Commitments In Ad Agency Mega-Deal

    The Federal Trade Commission said Monday it will allow Omnicom to move ahead with its planned $13.5 billion deal for Interpublic after the marketing giants agreed not to work with others to steer advertisers away from publishers based on their political viewpoints.

  • June 23, 2025

    Fubo Streamers Demand Own Attys In Disney Suit Settlement

    Subscribers to the Fubo streaming service asked a California federal judge to name them and their attorney the leads in the recent proposed settlement with Disney over the carriage fees for its sports streaming service, and to be "wary" of a motion to appoint the attorney for the two other classes of streaming customers as lead counsel.

  • June 23, 2025

    SAP Unlikely To Get Celonis Suit Nixed, But Antitrust Claims Iffy

    A California federal judge indicated Monday that he wasn't ready to completely toss technology company Celonis' suit alleging that software giant SAP is pushing it out of a market for business process analysis services but said he was having a "hard time wrapping my brain around your antitrust allegations."

  • June 23, 2025

    Boston Firm Says Competitor Had Secret Deal With Shareholder

    A Boston law firm is accusing a smaller personal injury practice of secretly steering cases and work to a now-former shareholder, including one case that led to a $5 million settlement, according to a lawsuit filed Monday in a Massachusetts state court.

  • June 23, 2025

    DraftKings Social Media Exec Agrees To Delete Rival's IP

    A social media director at DraftKings has agreed to delete alleged trade secrets from his personal ChatGPT account, which his former employer, rival PrizePicks, alleged he stole before changing employers.

  • June 23, 2025

    NC Judge Axes Trucking Co.'s Noncompete For Overreach

    A North Carolina state court judge has truncated a freight factoring company's suit accusing its former client services supervisor of luring clients to a competing business, finding that the complaint fell short of identifying the allegedly stolen trade secrets and that the former employee's noncompete is too broad to be enforced.

  • June 23, 2025

    Judge Lets NASCAR Antitrust Claims Against Teams Proceed

    A North Carolina federal judge Monday rejected a motion to dismiss counterclaims lodged by NASCAR in a lawsuit brought by two racing teams that are accusing the organization of antitrust violations, finding the matter would be best addressed at the summary judgment stage.

  • June 23, 2025

    Porsche Importer, Dealer Are Sued At CAT Over 'Reseller Ban'

    A premium sports car part reseller has sued two U.K. Porsche subsidiaries, accusing them of abusing their dominant position by refusing to sell vehicle components to independent repairers, Britain's antitrust tribunal said Monday.

  • June 23, 2025

    Compass Sues Zillow Over Listing Ban

    Real estate brokerage Compass sued Zillow in New York federal court Monday, alleging its ban on private listings and coordination with competitors to enforce it amounts to monopolistic behavior.

  • June 23, 2025

    Medical AI Co. Says Rival Targeted 'Crown Jewel' Source Code

    OpenEvidence, a Massachusetts artificial intelligence company focusing on medical information, has filed a lawsuit in federal court accusing a competitor of using misappropriated personal information and sophisticated prompts in an attempt to pry trade secrets from the startup's platform.

  • June 23, 2025

    UK Basketball Clubs Sue Governing Body Over League Split

    Members of a professional basketball league in Britain are suing the sports governing body in a London court, alleging competition breaches, following what they believe to be the latest development to stop them from operating.  

  • June 23, 2025

    Justices Pass On La. Regulators' Tesla Sales Ban

    The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that revived Tesla's lawsuit accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, following a notification from the parties of their intent to reach a settlement.

  • June 23, 2025

    Getty-Shutterstock $3.7B Merger Faces UK Scrutiny

    Britain's antitrust watchdog said Monday that it is looking into the proposed merger of Getty Images Holdings Inc. and Shutterstock Inc. to create a $3.7 billion visual content company, to decide if it will harm competition in U.K. markets.

  • June 20, 2025

    Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs

    The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.

  • June 20, 2025

    Many Foreign Firms Could Face Stricter Access To US Markets

    The U.S. Securities and Exchange Commission's reevaluation of the definition of a foreign private issuer could have far-reaching consequences, potentially tightening access to U.S. markets for companies based in China and beyond, lawyers say.

  • June 20, 2025

    Texas High Court Finds Pilots Union's Can Sue Over 737 Max

    The Texas Supreme Court on Friday put wind beneath the wings of a Southwest Airline Pilots Association's suit aiming to hold Boeing responsible for its members' economic losses after regulators grounded the 737 Max aircraft, finding the Railway Labor Act does not preempt the union's claims.

  • June 20, 2025

    Feds, Dems Debate Impact Of Resignation On FTC Firing Case

    The Trump administration told a D.C. federal court the recent resignation of a fired Federal Trade Commission member strips the court of jurisdiction over his claims seeking to be reinstated, while the two Democrats argued the resignation has no impact.

  • June 20, 2025

    Apple Opposes Class Cert. Bid In Mobile Wallet Monopoly Suit

    Apple Inc. has pushed back against a bid for class certification in a suit accusing it of unlawfully monopolizing the "tap and pay" mobile wallet market for its own devices by blocking competition, saying the bid does not offer common evidence to support the plaintiffs' various claims.

  • June 20, 2025

    Fla. Bill Aims To Boost Employer Noncompete Power

    The Florida Legislature continued in its efforts to make the Sunshine State attractive to businesses with a bill this past session that would create one of the most employer-friendly noncompete statutory frameworks in the country.

  • June 20, 2025

    Texas Jury To Decide Google Ad Tech Liability, Not Damages

    A Texas federal judge is giving Google only partial reprieve from facing a jury on state attorneys general claims targeting its advertising placement technology business, leaving liability under federal antitrust law and any damages up to the court, while letting most state law claims go to the jury.

  • June 20, 2025

    Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals

    In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.

  • June 20, 2025

    DC Circ. Rejects Chicago Suburbs' Rail Merger Challenge

    A D.C. Circuit panel has rejected a petition from Chicago suburbs that are challenging the approval of Canadian Pacific Railway Ltd.'s $31 billion merger with Kansas City Southern Railway Co., finding that regulators addressed the environmental and other concerns the communities raised.

  • June 20, 2025

    PE Firm Demands FDA Docs For Defense In Deal Challenge

    Private equity firm GTCR BC Holdings LLC is seeking a court order for the U.S. Food and Drug Administration to produce over a decade's worth of medical device approval applications, arguing the documents are necessary in its defense against a merger challenge by the federal government.

Expert Analysis

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • BlackRock Suit Highlights Antitrust Risks Of ESG

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    In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.

  • What Reuters Ruling Means For AI Fair Use And Copyright

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    A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

  • How The AI Antitrust Landscape Might Evolve Under Trump

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    The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Opinion

    US Steel-Nippon Merger Should Not Have Been Blocked

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    The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer. 

  • Biden-Era M&A Data Shows Continuity, Not Revolution

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    While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.

  • What Travis Hill's Vision For FDIC Could Portend For Banks

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    If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

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