Competition

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Trials & Mixed Outcomes Defined Antitrust Enforcers' 2025

U.S. antitrust enforcers took three high-profile cases against major technology platforms to trial this year, and that was just part of a government campaign that alleged a range of transgressions — including monopolistic conduct, algorithmic price-fixing and anticompetitive agreements — and netted one high-profile victory and several major setbacks.
January 08, 2026
CMA Fast Tracks In-Depth Probe Into Kingsmill, Hovis Deal

The antitrust authority said Thursday that it has agreed to accelerate its formal investigation into the proposed acquisition of British breadmaking company Hovis by Associated British Foods PLC, which already owns Kingsmill, another rival bread brand.
January 07, 2026
OpenAI Can't Ax Musk's Fraud Claim Over For-Profit Plan

A California federal judge indicated Wednesday that she'll deny OpenAI's bid to toss Elon Musk's claims that the artificial intelligence company duped the billionaire into donating $45 million with false promises of remaining a nonprofit, saying "there's plenty of evidence" to take the claim to a jury.
January 07, 2026
House Talks Market Share Regarding Netflix-WB Merger

Rapid consolidation in the streaming market was on the minds of members of the House Judiciary Committee's subcommittee on antitrust when they met Wednesday, with Democrats questioning if competition was being threatened and if the president was exerting too much influence on merger reviews.
January 07, 2026
Warner Bros. Hits Nokia With Antitrust Claims In Patent Case

Warner Bros. has fired back at Nokia's video coding patent suit against it with allegations that the Finnish company has violated antitrust law by running an "unlawful monopolization scheme" on the technology and going back on pledges to license its patents on reasonable terms.
January 07, 2026
11th Circ. Affirms YouTube Win Over DMCA Safe Harbor

The Eleventh Circuit on Wednesday affirmed a win for YouTube in a dispute with a movie producer, finding that the Digital Millennium Copyright Act does not require YouTube to police its site for infringing clips beyond responding to takedown notices.
January 07, 2026
NC Judge Warns Of 'Pandora's Box' In Shareholder Row

A North Carolina business court judge Wednesday cautioned counsel for a discharged director of a real estate and insurance company against potentially "opening Pandora's Box" as he argued that his client was targeted by his fellow directors — and family members — due to his age, but can be protected as an employee under state and federal law.
January 07, 2026
STB Eyes Easier Shipper Access Mandates Across Railways

Showing "anticompetitive conduct" would no longer be a requirement for shippers seeking to force rail carriers to work together to ferry their goods, under a proposed rulemaking Wednesday that the Surface Transportation Board said would shift such petitions back to consideration on a case-by-case basis.
January 07, 2026
Live Nation Looks To Toss BOTS Act Case

Live Nation and Ticketmaster told a California federal court Tuesday the Federal Trade Commission is trying to use a statute designed to help ticket sellers fight scalping to target operation of the events and the ticketing giant's legitimate resale platform.
January 07, 2026
Expedia Wants Singapore's Help Getting Docs In Rival's Suit

Expedia asked a Washington federal judge to help it seek assistance from Singapore's court system to get documents from Trip.com, saying the discovery is pertinent in an antitrust case brought by representatives for a defunct Swiss competitor.
January 07, 2026
FCC Urged To Revisit AT&T-UScellular Spectrum Deal OK

Consumer advocates are teaming up with rural wireless carriers to call for the Federal Communications Commission to reverse its recent approval of a $1 billion deal for AT&T to snap up spectrum held by broken-up UScellular.
January 07, 2026
Vanderbilt QB's NCAA Fight Gains More Athlete Plaintiffs

Following an antitrust battle that saw Vanderbilt University quarterback Diego Pavia earn an extra year of playing time from the NCAA, more than two dozen athletes are looking to replicate Pavia's success by joining his case in Tennessee federal court.
January 07, 2026
Warner Bros. Again Tells Shareholders To Nix Paramount Bid

Warner Bros. Discovery on Wednesday implored shareholders to reject Paramount Skydance Corp.'s amended hostile takeover offer, saying the media conglomerate remains committed to the $82.7 billion deal it reached with Netflix in December.
January 07, 2026
Lewis Brisbois Adds DLA Piper Antitrust Atty As DC Co-Head

Lewis Brisbois Bisgaard & Smith LLP has tapped a veteran antitrust attorney most recently with DLA Piper to help lead its Washington, D.C., office.
January 07, 2026
DOJ Seeks Nod For HPE Merger Deal Over State Objections

The U.S. Department of Justice has requested court approval for its settlement that would end a challenge of Hewlett Packard Enterprise's acquisition of a networking equipment rival, despite objections raised by state enforcers over allegations of improper lobbying influence.
January 07, 2026
Fans Defend Merch Monopoly Suit Against NFL, Fanatics

Fans suing the NFL and Fanatics over merchandise licensing agreements are urging a New York federal judge to keep their case afloat, skewering the league's attempt to liken the suit to a similar antitrust case that sputtered recently.
January 07, 2026
Fed. Circ. Faults Lower Court In Parking Patent Case

The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.
January 07, 2026
Compass' $1.6B Anywhere Buy Goes Unchallenged By Government

Real estate brokerage Compass Inc.'s $1.6 billion acquisition of Anywhere Real Estate Inc. is expected to move forward Wednesday without being scrutinized by the federal government even though congressional lawmakers previously urged the government to do so.
January 06, 2026
11th Circ. Backs FTC Win In False Ad Suit Against Corpay

The Eleventh Circuit on Tuesday affirmed the U.S. Federal Trade Commission's win in its lawsuit against Corpay Inc., saying in a published opinion that "overwhelming" evidence backed a lower court's finding that the company engaged in deceptive advertising and unfair billing practices when marketing and selling fuel cards.
January 06, 2026
5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban

A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.
January 06, 2026
Amazon Seeks To 'Hot Tub' MIT Prof's Opinion In Antitrust Suit

Amazon.com Inc. has asked a Seattle federal court for a "hot tub" hearing in a proposed consumer antitrust class action that accuses the e-commerce giant of artificially raising retail prices, saying the novel litigation technique for concurrently questioning parties' experts is needed to vet one expert's change in opinion.
January 06, 2026
DOJ Wants Time During Door Maker Divestiture Argument

The U.S. Department of Justice is asking to appear at an upcoming Fourth Circuit argument to support a door manufacturer defending the first court-ordered divestiture in a private merger challenge.
January 06, 2026
Bankrupt Hospital Wants Out Of $3B BCBS Antitrust Deal

A bankrupt Alabama hospital is asking a federal judge to allow it to drop out of a $2.8 billion antitrust class action settlement with Blue Cross Blue Shield, saying it may be forced to shut down unless it can pursue separate relief in bankruptcy court.
January 06, 2026
Cigna Accused Of Rigging Market For Life-Saving Drugs

Patients with chronic health conditions sued Cigna in an Illinois federal court alleging in a proposed class action Tuesday that the company and its pharmacy and pharmacy benefit manager subsidiaries use exclusive agreements to lock users into a network where Byzantine refill processes have been deliberately erected to limit payouts for life-saving drugs.
January 06, 2026
FTC Signals Support Of Miss. Bill For Midwives' Solo Practice

A Federal Trade Commission official on Monday encouraged a Mississippi lawmaker to keep in mind the possible motives of opponents of proposed legislation that would exempt midwives from having to contract with physicians to provide advanced-level nursing care.
January 06, 2026
Envestnet Trade Secrets Suit Cleared For Trial

A Delaware federal judge has cleared the way for a long-running fintech trade secrets case to proceed toward trial, overruling defense objections to spoliation findings and holding that a jury may infer that destroyed electronic evidence would have been unfavorable to Envestnet Inc. and its former subsidiary Yodlee Inc.

Expert Analysis

Series

Muay Thai Makes Me A Better Lawyer

Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
Series

Law School's Missed Lessons: Intentional Career-Building

A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
Chancery Exec Noncompete Ruling Offers PE Buyer Lessons

In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
Key Trends In Healthcare Antitrust In 2025

The healthcare industry braced for significant antitrust enforcement shifts last year driven by a change in administration, and understanding the implications of these trends is critical for healthcare organizations' risk management and strategic decision-making in the year ahead, say attorneys at Michael Best.
Preparing For Congressional Investigations In A Midterm Year

2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
What 2025 Enforcement Actions Show About FERC's Priorities

A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
Top 5 Antitrust Issues For In-House Counsel To Watch In 2026

With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
4 Developments That Defined The 2025 Ethics Landscape

The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
Navigating AI In The Legal Industry

As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
A 6th Circ. Snapshot: 3 Cases That Defined 2025

With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
How Fractional GCs Can Manage Risks Of Engagement

As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
Changes In Crypto, Cybersecurity Defined NY Banking In 2025

The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
M&A Midmarket Shows Resilience Amid 2025 Challenges

Midmarket mergers and acquisitions showed a slight decline in volume but climbed in value for much of 2025, particularly in the private equity space, indicating that the middle market M&A environment is cautious but steady heading into 2026, say attorneys at Stoel Rives.
Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.