Competition

  • May 20, 2026

    DOJ Looks To Nix Dish's Requirement To Operate 5G Network

    Now that it's sold off all its spectrum, Dish isn't going to be able to build the nationwide 5G network that it promised the U.S. Department of Justice it would as part of the T-Mobile-Sprint merger, so the DOJ is asking a D.C. federal court to nix that part of their agreement.

  • May 20, 2026

    NCAA's Maze Of Eligibility Rules Is Athletes' Latest Target

    A deluge of litigation targeting the NCAA's eligibility bylaws for allegedly limiting athletes' compensation has resulted in conflicting rulings from different courts, teeing up the possibility of a U.S. Supreme Court intervention.

  • May 20, 2026

    Refusing Sandoz Parent Dismissal 'Clear Error,' Court Told

    Sandoz's Swiss parent company wants a Pennsylvania federal judge to rethink her decision forcing it to face generic drug price-fixing claims from major employers like General Motors, arguing the court "conflates" Novartis AG with Sandoz AG, which was spun off in 2023.

  • May 20, 2026

    FTC Looks For Ways To Avoid 'Litigating The Fix'

    Federal Trade Commission Chairman Andrew Ferguson said Wednesday that last-minute settlement proposals in merger cases put enforcers in a tough spot and ultimately hurt the merger review process, as the agency considers ways to avoid litigating the offers in court.

  • May 20, 2026

    AGs Seek Crackdown On Customized Food Pricing

    Online food delivery platforms are charging people differently based on the personal data they glean from their smartphones, and the Federal Trade Commission ought to force companies to be upfront about it, say 16 state attorneys general.

  • May 20, 2026

    Hagens Berman Says Apple Smear Job Can't Stop Withdrawal

    Hagens Berman Sobol Shapiro LLP urged a California federal judge to allow one of its named plaintiffs to withdraw from an Apple iCloud antitrust case, saying Apple Inc.'s filed opposition is rife with "misdirection and ad hominem" attacks and not about the merits of the dispute but "smearing opposing counsel."

  • May 20, 2026

    Ballot Group Backs Ark. In 8th Circ. Gaming Permit Dispute

    A ballot group at the center of a voter referendum that revoked an Arkansas gaming permit for Cherokee Nation Entertainment is backing the state's right to enforce the ballot measure in the Eighth Circuit, arguing that state and Prohibition-era Supreme Court precedent confirms there's no protectable property interest in the license.

  • May 20, 2026

    FTC 'Close' To Final PBM Insulin Price Deal With OptumRx

    Federal Trade Commission staffers have signaled that they're near a settlement with UnitedHealth Group Inc.'s OptumRx that would close out the agency's in-house case accusing pharmacy benefit managers of inflating insulin prices through rebate schemes.

  • May 20, 2026

    Google Faces Another UK Mass Claim Over Advertising

    Google will have to fend off a £3 billion ($4 billion) collective action after a claim was filed on behalf of U.K. advertisers who accuse the tech giant of monopolizing the market for online display advertising.

  • May 20, 2026

    Merricks Says Innsworth Made Enough From £200M CPO Deal

    The class representative of a U.K. mass claim against Mastercard said Wednesday that a London court should rebuff litigation funder Innsworth's challenge to the distribution of the claim's £200 million ($269 million) settlement, arguing that it received enough profit in light of how the claim had gone.

  • May 19, 2026

    Shoppers Seek Fees At 9th Circ. For Kroger, Albertsons Fight

    Counsel for grocery store consumers urged the Ninth Circuit on Tuesday to find they substantially prevailed in their proposed class action challenging Kroger's since-abandoned $24.6 billion bid for Albertsons and are entitled to attorney fees, arguing that the lower court wrongly concluded the case was mooted by other federal actions blocking the merger.

  • May 19, 2026

    9th Circ. Leans Toward FCC In Appeal Over SIM Card Beef

    The Ninth Circuit seemed to have its doubts Tuesday that the Federal Communications Commission made the wrong call in finding it had no say over a Haitian mobile carrier's decision to deactivate SIM cards that were brought into the United States and used to evade international calling rates. 

  • May 19, 2026

    Asus Resolves Patent Case Involving Rare Injunction Request

    Sisvel's patent pool has reached a deal with Taiwanese electronics manufacturer Asus to license its standard essential pool of Wi-Fi multimode patents, resolving litigation that includes a case between one pool member and an Asus unit in which the pool was seeking a rare request for a permanent injunction on standard essential patents.

  • May 19, 2026

    Grand Slams Push Back On Tennis Group's Bid For Access

    Organizations behind Wimbledon and the French Open asked a New York federal court to reject a player group's claims that they're denying it access to the tournaments in retaliation for its antitrust lawsuit, arguing that no jurisdiction exists to grant any relief.

  • May 19, 2026

    Calif. Urges 9th Circ. To Revive Pay-For-Delay Restrictions

    California urged a Ninth Circuit panel Tuesday to find a Golden State law that bans drugmakers from cutting deals out of state that pay to delay generics competition doesn't violate the U.S. Constitution, arguing that ruling otherwise could jeopardize many longstanding state laws that regulate out-of-state conduct.

  • May 19, 2026

    Valve's Pivot On Gamer Arbitrations Gives Wash. Judge Pause

    A Washington federal judge Tuesday appeared conflicted over Valve Corp.'s bid for a court order to block hundreds of gamers from arbitrating consumer protection claims, pressing the game developer on its evolving arbitration stance while suggesting users agreed to updated terms requiring such disputes to be resolved in court.

  • May 19, 2026

    After Feds' Input, Gilstrap Denies Injunction In $445M IP Case

    U.S. District Judge Rodney Gilstrap on Monday rebuffed Collision Communications Inc.'s bid for an injunction blocking Samsung Electronics Co. Ltd. from selling products that a jury said were infringing in a $445 million verdict in a case that the federal government used to argue for broader use of injunctions in patent suits.

  • May 19, 2026

    DOJ Says Container Makers Fixed Prices During Pandemic

    Four of the world's largest shipping container manufacturers and seven of their current and former executives conspired to restrict production to drive up prices, the U.S. Department of Justice said Tuesday in criminally charging them, although most may be beyond the reach of American courts.

  • May 19, 2026

    Hanna Wants 3rd Circ. To Weigh Homebuyers' Antitrust Suit

    Hanna Holdings Inc. urged a Pennsylvania federal court to let the Third Circuit weigh in on the lower court's dismissal orders for a proposed antitrust class action that accuses the real estate brokerage of conspiring with other parties to artificially inflate buyer-broker commission fees.

  • May 19, 2026

    TikTok Says 'Market Exploitation' Doesn't Give NC Jurisdiction

    TikTok is pushing the North Carolina Supreme Court to throw out claims by the state's attorney general alleging it deceptively marketed its platform as safe for minors, saying the "market exploitation" theory would in effect allow any business that operates on the internet to be hauled into any state court.

  • May 19, 2026

    Alphabet Investors Win Class Cert. In Ad Auction Suit

    A California federal judge certified a class of Alphabet investors accusing Google and CEO Sundar Pichai of misleading the market about whether its digital ad auctions favored Facebook's advertising network, finding common questions outweigh individualized issues.

  • May 19, 2026

    2nd Circ. Rejects Defunct Soccer League Antitrust Appeal

    A Second Circuit panel on Tuesday refused to grant the North American Soccer League a new antitrust trial against Major League Soccer and soccer's U.S. governing body, concluding that the defunct league waived any arguments about market definition, and even if it didn't, its assertions still fail.

  • May 19, 2026

    Pac-12 Reaches Deal With Mountain West In Exit Fee Suit

    The Pac-12 and Mountain West conferences have settled their federal lawsuit over $55 million in "poaching" fees charged by Mountain West for luring its member schools away, the leagues have announced.

  • May 19, 2026

    FTC Wants 5th Circ. To Pause Appeal In Merger Filing Case

    The Federal Trade Commission asked the Fifth Circuit to put its appeal on hold in a case challenging the agency's effort to overhaul its premerger filing requirements, to give enforcers time to consider developing a new revision.

  • May 19, 2026

    Seeborg's Term As Calif. Northern District Chief Judge To End

    Chief District Judge Richard Seeborg is expected to conclude his time as the top judge for the Northern District of California in July, according to a spokesperson for the judiciary, to be succeeded by U.S. District Judge Yvonne Gonzalez Rogers.

Expert Analysis

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Recent Benchmarking Suits Highlight DOJ Enforcement Risks

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    The U.S. Department of Justice's recent settlements with RealPage and Agri Stats inform the level of antitrust risk surrounding the use of benchmarking services and suggest an aggressive enforcement approach, particularly with respect to granular data and nonprice data reporting, say attorneys at Axinn.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • 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.

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