Competition

  • May 07, 2025

    Boston Judge Tosses Mastercard Payments Monopoly Claims

    Payments giant Mastercard Inc. no longer faces a cross-platform tap & pay mobile wallet company's monopolization claims after a Massachusetts federal judge found, among other things, that Mastercard doesn't actually dominate the relevant market.

  • May 07, 2025

    Tennis Group Told Not To Try To Sway Players In Antitrust Suit

    A New York federal judge on Wednesday rebuked the Association of Tennis Professionals for making coercive statements to players about joining a proposed antitrust class action against various professional groups within the sport, saying it is improper because of its interest in the outcome of the case.

  • May 07, 2025

    Judge Rejects New Trial Over Antitrust Loss To US Soccer

    A Brooklyn federal judge denied a defunct soccer league's request for a new antitrust trial against MLS and the U.S. soccer governing body, rejecting a challenge to a jury instruction that asked about the existence of a relevant market.

  • May 07, 2025

    AWOL Plaintiff Dropped From Apple, Amazon Antitrust Case

    A Washington federal judge has ousted the lead plaintiff in a proposed antitrust class action against Apple and Amazon, after deciding last month to sanction the firm bringing the case for failing to tell the court the client had abandoned the case.

  • May 07, 2025

    Chemours Pans 'Perplexing' Patent Claim In Distribution Row

    The Chemours Co. FC LLC has ripped a competitor's amended antitrust suit against it and its distributor for adding a "perplexing claim" for a declaratory judgment that the chemical company does not have any patents on a refrigerant, arguing that patents are a matter of public record and that the suit should be tossed.

  • May 07, 2025

    Baking Co. Says Trade Secret Sanctions Bid Is Undercooked

    An Ohio baking products company says it shouldn't be sanctioned for sharing some of the ingredients in one of its products in a temporarily public court filing, since the same ingredients had been discussed in open court during testimony about how that product allegedly differed from the trade-secret recipe a rival was trying to protect.

  • May 07, 2025

    9th Circ. Affirms FTC Loss In Microsoft-Activision Case

    The Ninth Circuit on Wednesday affirmed a lower court's ruling in a Federal Trade Commission case that refused to block Microsoft's $68.7 billion acquisition of game developer Activision Blizzard Inc.

  • May 07, 2025

    $13B Omnicom, Interpublic Deal Faces UK Enquiry

    Britain's competition watchdog said Wednesday that it has decided to take an initial look at the approximately $13 billion merger of U.S.-based marketing communications giants Omnicom and Interpublic, as the mega-deal faces scrutiny in the U.S. as well.

  • May 06, 2025

    Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told

    A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.

  • May 06, 2025

    Fed. Circ. Asks What Law Applies For Sleep Drug Injunction

    The Federal Circuit lifted an injunction Tuesday that had placed limits on Avadel CNS Pharmaceuticals' clinical trials for sleep disorder treatments, but sent the infringement case back to Delaware to determine whether a future injunction should be governed by the Hatch-Waxman Act.

  • May 06, 2025

    T-Mobile Attys Get $2.9M In Fees In Arbitration Award Suit

    A mobile phone dealer that accused T-Mobile of tricking it into "false and oppressive" service agreements is on the hook for $2.9 million of the mobile titan's attorney fees after an Ohio federal judge refused to vacate the arbitration award that directed Preferred Wireless to pay up.

  • May 06, 2025

    NY Says Owner Has To Sell Ski Resort After Antitrust Loss

    A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.

  • May 06, 2025

    Google Says DOJ's Monopoly Fixes Could Reveal 'Essential IP'

    The head of Google's search engine warned a D.C. federal judge Tuesday that the U.S. Department of Justice's proposed data sharing mandates would allow rivals to clone nearly everything that makes up Google, dramatically changing the company's incentives to innovate and pulling away key resources.

  • May 06, 2025

    League Reps Grilled By Senators Over Sports Streaming Deals

    Broadcast executives from three of the four biggest U.S. pro sports leagues answered bipartisan grilling by a Senate committee Tuesday over spiraling costs and scattered availability of games brought on by the increased use of streaming services, insisting that they were improving access and would improve it more in the near future.

  • May 06, 2025

    FTC Commissioner Throws Cold Water On Antitrust Defenses

    Newly minted Federal Trade Commissioner Mark R. Meador criticized several arguments frequently raised in antitrust cases during a speech Monday, including that company breakups are too extreme and that innovation can justify anticompetitive conduct.

  • May 06, 2025

    Tennis Players Push For Cert. In NCAA Prize Money Battle

    College tennis players are again seeking class certification in their lawsuit against the National Collegiate Athletic Association over its prize money restrictions, pushing back on the organization's arguments that the case is too flimsy and anecdotal.

  • May 06, 2025

    Google Calls Proposed Ad Tech Breakup 'Unworkable'

    Google has told a Virginia federal court that fixes being proposed by enforcers in the ad tech monopolization case calling for the sale of its ad exchange and publisher-side tool are legally inappropriate and practically "unworkable."

  • May 06, 2025

    Trade Secrets Emerge As Path For Cos. To Protect AI Works

    Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.

  • May 06, 2025

    Career Morgan Lewis Antitrust Atty Moves To Latham

    An attorney who focuses his practice on the antitrust aspects of mergers and acquisitions, joint ventures and other corporate transactions has moved his practice from Morgan Lewis & Bockius LLP, where he had spent his entire career, to Latham & Watkins LLP.

  • May 06, 2025

    Greenberg Traurig Lands Antitrust Ace From Holland & Knight

    Greenberg Traurig LLP has added an antitrust attorney from Holland & Knight LLP who will serve as global co-chair of its antitrust litigation and competition regulation practice.

  • May 05, 2025

    Apple Hit With Developer Suit After App Store Contempt Order

    Apple has been hit with a developer's proposed class action after a California federal judge last week agreed with Epic Games that the tech giant violated her order prohibiting App Store rules that prevent developers from steering users to alternative payment options.

  • May 05, 2025

    DC Circ. Has Doubts About Narcolepsy Drug Appeal

    The D.C. Circuit is now set to decide whether the U.S. Food and Drug Administration was wrong to declare a rival narcolepsy treatment not the "same drug" as another produced by Jazz Pharmaceuticals Inc., after appearing highly skeptical of the drug company's arguments that it was.

  • May 05, 2025

    Energy Co. Didn't Mess With Costa Rica Deal, Retrial Jury Told

    A South Dakota energy company urged a Denver jury Monday to reject allegations that it interfered with a deal for oil and gas rights on nearly 2.3 million acres in Costa Rica, in a retrial after an appellate panel threw out a $42 million jury award against it.

  • May 05, 2025

    Liquidia Fends Off Indication Challenge In UTC Tyvaso Fight

    A D.C. federal court has rejected United Therapeutics Corp.'s challenge to a U.S. Food and Drug Administration decision allowing Liquidia Technologies Inc. to modify a new drug application to include an additional lung disease indication for a drug competing with UTC's blockbuster lung disease drug Tyvaso.

  • May 05, 2025

    OpenAI Abandons For-Profit Plan After Musk Suit Is Preserved

    OpenAI announced Monday that it was no longer pursuing plans to transition the ChatGPT maker into a for-profit enterprise, changing course just days after a California federal judge refused to throw out the bulk of Elon Musk's suit challenging those plans.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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?

    Author Photo

    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.

  • What To Expect From The New FCC Chair

    Author Photo

    As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.

  • Exploring China's 1st Administrative Merger Control Ruling

    Author Photo

    As the first judicial ruling in China's merger control regime, the Beijing Intellectual Property Court's recent upholding of Simcere's acquisition of Tobishi helps to clarify how the Chinese antitrust authority and court assess remedies, say attorneys at Tian Yuan Law Firm.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

    Author Photo

    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • How Southern Calif. Fires Can Affect National, Local Pricing

    Author Photo

    The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.

  • Opinion

    DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech

    Author Photo

    A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.

  • Corp. Transparency Act's Future Under Treasury's Bessent

    Author Photo

    The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.

  • Nippon Order Tests Gov't Control Over Foreign Investments

    Author Photo

    The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.

  • A Look At A Possible Corporate Transparency Act Exemption

    Author Photo

    Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Competition archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!