Competition

  • October 09, 2025

    9th Circ. Probes Buyers On HIV Drug Antitrust Claims

    Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.

  • October 09, 2025

    X, XAI Say Texas Best, Fastest Court For OpenAI-Apple Suit

    X Corp. and xAI urged a Texas federal judge not to transfer from the Northern District of Texas' Fort Worth Division their suit accusing Apple and OpenAI of anticompetitively edging out other artificial intelligence companies through a deal integrating ChatGPT into iPhones, stressing the speed of their chosen forum.

  • October 09, 2025

    Photo Editing Software Co. Faces Patent Infringement Suit

    A patent protection services firm told a North Carolina federal court Wednesday that a photo editing software company has knowingly infringed three of its patents related to advanced image processing.

  • October 09, 2025

    Judge Seeks NCAA Ruling's Impact On Tenn. Player's Suit

    With an appeal by the NCAA over an injunction permitting Vanderbilt University quarterback Diego Pavia to continue playing football tossed out by the Sixth Circuit last week, a Tennessee federal judge has given the NCAA and a former college basketball player until Oct. 30 to explain how the ruling affects a separate challenge to the organization's eligibility rules.

  • October 09, 2025

    BeFrugal Marketing Firm Says Exec Steered Clients To Rival

    Affiliate marketing firm BeFrugal said in a lawsuit this week in Massachusetts state court that a senior vice president secretly co-founded a competing company, then steered major clients, including DirecTV and Samsung, to the new business.

  • October 09, 2025

    7th Circ. Denies Rehearing In Harley-Davidson Warranty Case

    The Seventh Circuit again affirmed the dismissal of customers' challenge to terms and conditions in Harley-Davidson's motorcycle warranties that limit coverage when third-party parts are used.

  • October 09, 2025

    Pet Owner Keeps State, But Not Fed., Elanco Tick Meds Suit

    Advantix flea-and-tick medication maker Elanco Animal Health Inc. partially ducked a consumer proposed class action by convincing an Indiana federal judge to cut federal antitrust claims, but still must face state law allegations accusing it of paying off PetSmart, Petco and Chewy not to carry generic versions.

  • October 09, 2025

    Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit

    A residential brokerage startup has pushed the Tenth Circuit to reinstate its permanently dismissed antitrust suit against the National Association of Realtors and multiple brokerages, which were accused in Utah federal court of conspiring against the startup because it offered lower buyer-broker commission fees.

  • October 08, 2025

    Golf Execs Deny Discrediting Jack Nicklaus In NY Lawsuit

    Two executives with the company named after Jack Nicklaus testified in Florida state court on Wednesday that they played no role in providing defamatory statements in a New York lawsuit against the golf legend, denying that they also forwarded false claims to reporters and were involved with filing the complaint.

  • October 08, 2025

    5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case

    A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.

  • October 08, 2025

    Jones Day, Kirkland Guide TopBuild's $1B Insulation Biz Buy

    TopBuild Corp., an installer and distributor of insulation and related building materials in North America, said Wednesday it has acquired Specialty Products and Insulation for $1 billion in cash, with Jones Day advising TopBuild and Kirkland & Ellis LLP guiding SPI.

  • October 08, 2025

    'I Don't Want To Be A Referee,' Google Search Judge Says

    A D.C. federal judge faced the prospect Wednesday of years more involvement in the U.S. Justice Department's case against Google's search monopoly, saying during a hearing that he's trying to balance avoiding being a "referee" for his remedies decision while preventing "misuses" of data sharing and search syndication mandates.

  • October 08, 2025

    Judge OKs Amazon's Evidence Clawback In Antitrust Suits

    Amazon can claw back certain documents it handed over during discovery in a series of antitrust lawsuits alleging the company's merchant policies artificially raised market prices, a Seattle federal judge has ruled, rejecting objections raised by consumers suing the e-commerce giant.

  • October 08, 2025

    Del. Judge May Have Mallinckrodt Choose: Injunction Or $10M

    A Delaware federal judge said he might ask Mallinckrodt Pharmaceuticals to choose between getting a competitor's inhaled nitric oxide treatment enjoined, or receiving the entire $9.5 million a jury determined it's owed for infringement.

  • October 08, 2025

    NCAA Denies It Has NIL Data Rutgers Football Player Seeks

    The NCAA cannot turn over name, image and likeness information on a Rutgers University athlete bidding to continue playing football this season because the organization does not receive or have access to it, an attorney told a New Jersey federal judge.

  • October 08, 2025

    NASCAR Antitrust Case Judge Agrees To Settlement Talks

    A North Carolina federal judge is asking NASCAR and two of its teams to appear in his courtroom with their chosen mediator after the private stock car racing company requested a judicial settlement conference to try to resolve their antitrust fight ahead of trial.

  • October 08, 2025

    DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe

    The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.

  • October 08, 2025

    Landlord Loses Bid To Depose DC In RealPage Case

    A District of Columbia Superior Court judge has rejected a landlord's bid to depose D.C. for the city's rent price-fixing suit against property management software company RealPage Inc. and multiple landlords.

  • October 07, 2025

    Bausch And Teva Blocked Cheaper IBS Drug, Retailers Say

    A slew of retailers on Tuesday accused Bausch Health Cos. Inc. and Teva Pharmaceuticals of working together to keep the generic version of an irritable bowel syndrome drug off the market until 2028, forcing the retailers and other purchasers of the drug to pay monopoly prices.

  • October 07, 2025

    Mortgage Giants Shared Data To Fix Rates, Homeowners Say

    A proposed class of homeowners has launched a sweeping class action against Rocket Mortgage, Wells Fargo, JPMorgan Chase and more than two dozen other mortgage lenders, accusing them of conspiring through Optimal Blue's pricing software to secretly share sensitive data and fix mortgage rates nationwide, allegedly inflating costs and deepening the U.S. housing affordability crisis.

  • October 07, 2025

    Cabinetry Co. Refiles $3.6B Merger To Give FTC More Time

    Kitchen cabinet and vanity manufacturer American Woodmark Corp. has withdrawn and refiled its intent to merge with MasterBrand in a $3.6 billion deal in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerns.

  • October 07, 2025

    Chanel, The RealReal Fail To Reach Settlement In TM Feud

    Fashion house Chanel and used-items retailer The RealReal Inc. have told a Manhattan federal judge they haven't been able to reach a settlement on Chanel's claims of trademark infringement despite, as The RealReal's attorneys put it, significant efforts being expended to try to reach a compromise.

  • October 07, 2025

    Marijuana Vape Antitrust Actions Consolidated In Calif.

    Five proposed antitrust class actions brought by buyers of CCell brand cannabis vape accusing the Chinese manufacturers and U.S. distributors of organizing a price-fixing scheme will be consolidated in California federal court, the U.S. Judicial Panel on Multidistrict Litigation has determined.

  • October 07, 2025

    NCAA Seeks Toss Of Tenn. Basketball Player's Antitrust Suit

    The NCAA is asking a Tennessee federal judge to toss the antitrust lawsuit of a basketball player hoping to skirt the organization's eligibility rules, arguing the Sixth Circuit has already indicated the bylaw is not commercial in nature.

  • October 07, 2025

    Apple Seeks To Toss IPhone, Watch Buyers' Antitrust Suits

    Apple has asked a New Jersey federal court to toss multidistrict antitrust litigation brought by iPhone and Apple Watch buyers, arguing that while they "try in vain to invent" theories about how Apple charges monopoly prices the inflation-adjusted price of the latest iPhone is nearly the same as the first model.

Expert Analysis

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Key Digital Asset Issues Require Antitrust Vigilance

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    As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Reviving A Dormant Criminal Statute In Antitrust Prosecution

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    The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

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    Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Unpacking FTC's New Stance On Standard-Essential Patents

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    Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.

  • Calif. Antitrust Laws May Turn More Zealous Than US Regs

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    California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

  • 5 Ways Banking Has Changed In 5 Years Since COVID

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    Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • A Look At M&A Trends In An Uncertain Deal Environment

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    Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

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