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More Push In The 'Push-Pull' As DOJ Targets 'Gamesmanship'
The U.S. Department of Justice continues to build its task force targeting "gamesmanship" that it says BigLaw attorneys for major companies, especially technology platforms, are using to obstruct antitrust investigations — an effort that has been welcomed by some practitioners and questioned by others.
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February 03, 2026
Netflix, Warner Bros. CEOs Defend Merger Before Congress
In a congressional hearing Tuesday, the CEO of Netflix distanced himself from any notion President Donald Trump has undue influence in the review process of the streaming company's proposed $82.7 billion acquisition of Warner Bros., despite the president's assertion that he will be "involved" with the merger review.
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February 03, 2026
FCC Says 8th Circ. Media Ruling Clears Path For Deals
The Federal Communications Commission made it clear Tuesday that broadcasters have more leeway to own two leading stations in a local market following the Eighth Circuit's toss last year of the agency's long-standing bar on owning more than one major network affiliate in a single market.
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February 03, 2026
5th Circ. Unsure Child Online Safety Law Tramples Speech
A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech.
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February 03, 2026
Tobacco Co. Says 'Time Bubble' Robbed It Of Fair TM Trial
BBK Tobacco & Foods LLP is asking an Arizona federal court for a new trial on its trademark infringement claims against Central Coast Agriculture Inc., saying the court wrongly created a "time bubble" that excluded all evidence from May 2021 on.
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February 03, 2026
Novartis, Sandoz Face New Generic-Drug Price-Fixing Suit
Adding to sprawling antitrust litigation against pharmaceutical giants, 42 states and territories sued Novartis AG, Sandoz AG and other drug companies in Connecticut federal court Monday, alleging that the companies colluded for years to fix prices and control markets for generic drugs.
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February 03, 2026
RealPage, Landlords Must Face Ky. AG's Antitrust Case
A Kentucky federal court refused to toss an antitrust case from the state attorney general's office accusing RealPage Inc. and several landlords of inflating rental rates through use of the software company's revenue management system.
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February 03, 2026
Zillow, Redfin Oppose Pausing FTC Case For Shutdown
Zillow and Redfin are fighting an attempt by the Federal Trade Commission and multiple states to pause consolidated antitrust claims against the property listing companies, arguing in Virginia federal court that the recent partial federal government shutdown doesn't justify staying litigation.
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February 03, 2026
Haynes Boone Adds Ex-SDNY Atty From Winston & Strawn
Haynes Boone LLP announced Tuesday that it has hired a former Southern District of New York prosecutor from Winston & Strawn LLP to promote the growth of its white collar and investigations practice.
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February 03, 2026
2nd Circ. Skeptical Anesthesia Group Suffered Antitrust Harm
A Second Circuit panel seemed poised Tuesday to find that an anesthesiology practice didn't suffer an antitrust injury in its claim that a United Healthcare unit used its market power in New York to cut reimbursement rates.
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February 03, 2026
1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit
The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.
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February 03, 2026
Squire Patton Hires Sheppard Mullin, Miller & Chevalier Attys
Squire Patton Boggs LLP has hired a corporate attorney and an antitrust litigator from Sheppard Mullin Richter & Hampton LLP and Miller & Chevalier Chtd., respectively, who are joining the firm as partners in Washington, D.C., according to two Tuesday announcements.
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February 03, 2026
Hoka Sneaker Maker Fights To Quash Price Fixing Ruling
The maker of Hoka running shoes on Tuesday asked a London appeals court to overturn a ruling that it engaged in indirect price fixing by blocking a British retailer from selling through an online discount store.
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February 02, 2026
'Doesn't Make Sense': DOJ Irks Judge In Merger Fight With AGs
A California federal judge said Monday that the U.S. Department of Justice must hand over certain discovery materials to Democratic attorneys general challenging the DOJ's controversial settlement greenlighting the $14 billion merger of Hewlett Packard Enterprise and Juniper Networks, telling the DOJ that its argument that discussions of alternative remedies are shielded from discovery "doesn't make sense."
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February 02, 2026
Exxon Sued For 'Rockefeller-Style' Ammonia Market Maneuver
Exxon Mobil Corp. was hit with antitrust claims on Monday accusing it of leveraging control over the Gulf Coast's only operating carbon dioxide pipeline to gain dominance in the blue ammonia market.
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February 02, 2026
Netflix Slams HBO Max User's Challenge To Warner Bros. Deal
Netflix argued that an HBO Max subscriber lacks standing to challenge its plan to buy Warner Bros. Discovery, telling a California federal judge Friday that the subscriber doesn't show how the merger would injure her, as she's never subscribed to Netflix and doesn't say she plans to.
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February 02, 2026
ESPN Says Dish Can't Duck Sling Day Pass Claims
ESPN urged a New York federal judge not to let Dish Network duck breach of contract allegations challenging Dish's short-term Sling TV passes, arguing that the license for its sports content clearly requires subscriptions and not passes for as short as a single day.
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February 02, 2026
Modelo, Constellation Seek Permanent Ban On Fake Beers
Constellation Brands, the exclusive licensee of Modelo's beer brands in the U.S., has asked a Texas federal judge for a permanent injunction against a beer distributor accused of importing and selling counterfeit beers that use labels that copy major Mexican beer brands.
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February 02, 2026
Monthly Merger Review Snapshot
U.S. enforcers reached three new merger settlements, while the Federal Trade Commission successfully blocked a $945 million heart valve deal and lodged an appeal for its case targeting Meta's past acquisitions.
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February 02, 2026
Insurer Can't Keep AAA Affiliate Out Of Auto Policy Market
A Massachusetts judge has ruled that an insurer can't block a AAA affiliate from offering its own competing auto insurance policies in the state, saying the plaintiff had failed to provide the court with any basis for its requested preliminary injunction and also flouted procedural rules.
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February 02, 2026
FTC Says Bezos, Amazon Execs Hid Evidence Via Signal App
The Federal Trade Commission asked a Washington federal judge to assume Amazon.com Inc. used auto-deleting Signal chats to hide the "anticompetitive nature" of rules that allegedly created an artificial pricing floor across online retail, escalating a long-simmering evidentiary fight that implicates Jeff Bezos and general counsel David Zapolsky.
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February 02, 2026
DOJ Opposes Google's Bid For Partial Search Remedy Pause
The U.S. Department of Justice and state enforcers are opposing Google's bid to pause parts of the remedies imposed after a D.C. federal court found it monopolized the search market, while the tech giant appeals the ruling to the D.C. Circuit.
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February 02, 2026
Judge Skeptical Of XAI's Claims In OpenAI Trade Secrets Suit
A California federal judge has said she's inclined to grant OpenAI's motion to dismiss a trade secrets complaint from Elon Musk's xAI "in full," saying the plaintiffs have not provided enough facts to support claims that OpenAI poached employees and stole source code.
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February 02, 2026
House Lawmakers Set To Weigh FirstNet Renewal Bill
U.S. House members Wednesday will consider legislative plans to renew the First Responder Network Authority for just over a decade beyond its scheduled sunset next year and also will examine whether to impose more federal oversight on the network.
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February 02, 2026
NFL, Fanatics Bolster Attempt To Toss Fans' Monopoly Suit
The NFL and Fanatics pushed a New York federal court to toss a fan lawsuit that accused the pair of monopolizing the online retail market for league merchandise, arguing a previously dismissed lawsuit already found the plaintiffs' arguments defective.
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February 02, 2026
Paul Weiss Expands DC Antitrust Team With Davis Polk Atty
An attorney specializing in advising clients on high-profile mergers and acquisitions has moved his practice to Paul Weiss Rifkind Wharton & Garrison LLP's Washington, D.C., office after nearly 20 years with Davis Polk & Wardwell LLP.
Editor's Picks
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FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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What To Expect From The Competition Appeal Tribunal In 2026
With a new president at the helm, potential government reform and a crowded trial calendar, lawyers say the next 12 months will see a Competition Appeal Tribunal with a more disciplined judicial culture.
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Antitrust Cases Ahead: Live Nation, Middleman On Trial
The U.S. Department of Justice and Federal Trade Commission enter 2026 with decisions to make about how to regroup after coming up short in major cases against Google and Meta Platforms.
Expert Analysis
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Upshot Of 'Skinny Label' Case May Go Beyond Pharma
The U.S. Supreme Court's pending review of Hikma v. Amarin, over a drugmaker's "skinny label," caries implications for both generics and brand-name pharmaceutical manufacturers, and could shed light on how inducement doctrine should operate in other regulated industries where products have substantial lawful uses, says Jason Shull at Banner Witcoff.
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4 Lessons From FTC's Successful Bid To Block Edwards Deal
The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.
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Assessing Factors Behind Biosimilar Uptake And Competition
As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.
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FTC Focus: Testing Joint Enforcement Over Loyalty Programs
The Federal Trade Commission's case against Syngenta can be understood both as a canary for further scrutiny over loyalty-discount practices and a signal of the durability of joint federal-state antitrust enforcement, with key takeaways for practitioners and those subject to regulatory antitrust scrutiny alike, say attorneys at Proskauer.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Ruling Helps Clarify FERC's Post-Jarkesy Enforcement Power
A North Carolina federal court's recent ruling in American Efficient v. Federal Energy Regulatory Commission may be a step in providing clarity on FERC's enforcement authority under the Federal Power Act in the wake of the U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy, say attorneys at Sidley.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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Aerospace And Defense Law: Trends To Follow In 2026
Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.
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Aviation Watch: Busy Skies, Tough Market For Airlines In 2026
After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.
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Viewing The Merger Landscape Through An HPE-Juniper Lens
If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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Navigating Trade Secret Exceptions In Noncompete Bans
Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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False Ad Suit Shows Need For Clear, Conspicuous Disclosure
The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.
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And Now A Word From The Panel: MDL Year In Review
2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.