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Competition
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September 16, 2025
Maritime Recruiter Settles Naval Engineers' No-Poach Claims
A maritime jobs recruitment company has settled claims it participated in an illegal no-poach conspiracy to suppress wages among some of the country's biggest warship makers and naval engineering consultants, court records show.
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September 16, 2025
FTC Chair Pledges 'Action' Against Late Merger Fixes
Federal Trade Commission Chairman Andrew Ferguson vowed Tuesday to take unspecified "action" against tactics by merging companies to propose fixes only after antitrust enforcers bring a transaction challenge, a strategy he called "bad for the system."
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September 16, 2025
USDOT Orders Scuttling Of Delta-Aeromexico Joint Venture
The Trump administration has ordered Delta Air Lines and Aeromexico to scuttle their joint venture by Jan. 1, saying they gained an unfair advantage in the market after the Mexican government abruptly restricted flights from other carriers at Mexico City's primary airport.
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September 16, 2025
Wilcox Urges Justices Not To Pick And Choose Firing Fights
If the U.S. Supreme Court steps in to review the legality of former Federal Trade Commission leader Rebecca Slaughter's firing before the D.C. Circuit does, it should also intervene to consider former National Labor Relations Board member Gwynne Wilcox's firing, Wilcox told the justices.
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September 16, 2025
CMA Considers Probe Into Housing Biz's £723M Bid For Rival
Britain's antitrust authority said Tuesday that it is considering whether a proposed £723 million ($986 million) takeover by student accommodation developer Unite of rival Empiric might harm competition in the U.K.
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September 15, 2025
FTC Dem Urges Justices Not To Disturb Her Reinstatement
U.S. Federal Trade Commissioner Rebecca Slaughter on Monday asked the U.S. Supreme Court not to block her reinstatement, arguing lower courts were correct in finding that President Donald Trump violated the law when he removed the Democrat from her post without cause.
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September 15, 2025
Jazz Loses Bid To Block Avadel From Seeking Sleep Drug OK
Jazz Pharmaceuticals Inc. cannot block Avadel CNS Pharmaceuticals LLC from seeking U.S. Food and Drug Administration approval for its sleep disorder treatment, a Delaware federal judge ruled, saying the act of seeking FDA approval is not an infringing activity that can be enjoined.
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September 15, 2025
Google Consumers' Attys Seek $85M In Fees For $700M Deal
Attorneys who helped consumers reach a still-pending $700 million antitrust deal with Google in 2023 have urged a California federal judge to grant them $85 million in attorney fees, saying the settlement, reached alongside state attorneys general, was an "exceptional" result obtained in the "face of substantial litigation uncertainty."
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September 15, 2025
Bayer Urges 9th Circ. Not To Revive Tevra Flea, Tick Meds Suit
Bayer is urging the Ninth Circuit not to grant a new trial over claims that it locked up the market for pet flea and tick treatment, saying the only evidence that rival Tevra showed a jury at trial was "highly dubious."
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September 15, 2025
FTC Commissioner Says Antitrust Moment Has Been Building
Federal Trade Commissioner Mark R. Meador said Monday the current interest in antitrust enforcement has been building for the last several decades as corporate boardrooms increasingly take control over the economic lives of Americans.
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September 15, 2025
Rolling Stone Publisher Says Google AI Robs Its Content
Google is using its monopoly as a search engine to strong-arm websites into allowing their content to be fed into the tech titan's artificial intelligence machine, which returns a response at the top of every search page, according to the publisher behind Rolling Stone and Variety.
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September 15, 2025
2nd Circ. Upholds Dismissal Of Libor Rigging Claims
The Second Circuit on Monday affirmed the dismissal of investor lawsuits alleging multiple global banks, including UBS and Lloyds Bank, conspired to rig the benchmark interest rate Libor, which is tied to the British pound, finding the plaintiffs never showed they actually lost money from the alleged manipulation.
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September 15, 2025
Brands Say X Corp. Can't Prove Ad Suit Belongs In Texas
Several big-name brands, including Nestlé and Lego, asked a Texas federal judge to deny X Corp.'s bid to conduct jurisdictional discovery in its sprawling antitrust suit accusing advertisers of boycotting X, saying the company was merely trying to conduct a "fishing expedition."
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September 15, 2025
Fired DOJ Deputy Says Lobbyists 'Playing Dangerous Game'
A former top Justice Department Antitrust Division deputy, allegedly fired for opposing the "pay-to-play" settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, had a warning Monday for the lobbyists he said made the deal possible: there are only so many times they can go over division leadership.
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September 15, 2025
Corcept Can't Escape Teva's Mifepristone Antitrust Suit
Corcept Therapeutics must face most of Teva Pharmaceuticals' lawsuit alleging it suppressed generic competition for its brand-name medication used to treat a rare cortisol disorder, a California federal judge ruled, saying the claims are not time-barred and Teva has adequately alleged unlawful monopolization.
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September 15, 2025
Jordan's Racing Team Looks To Nix NASCAR's Counterclaims
Two teams that have accused NASCAR of monopolizing premier stock car racing are trying to stop the league's counterclaims from making it to trial in December, arguing that its assertions that the teams conspired against NASCAR are unsupported by the evidence after discovery.
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September 15, 2025
Judge Says Key DOJ Ad Tech Expert Has Little Experience
A Virginia federal judge signaled trouble ahead Monday for U.S. Department of Justice efforts to paint the sought breakup of Google's advertising placement technology business as technically feasible, asserting during a hearing that a key government witness appears to have little relevant experience to address the question.
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
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September 15, 2025
US, China Agree On TikTok Ownership Transfer, Bessent Says
The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.
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September 15, 2025
Software Co. Defends Contempt Order Against Womble Atty
A North Carolina federal court fairly held Womble Bond Dickinson partner Pressly Millen in contempt after he and his client made misrepresentations in a "parallel" trademark dispute abroad, U.S.-based software company Dmarcian Inc. told the Fourth Circuit on Friday.
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September 15, 2025
Hill-Rom Escapes Pennsylvania Hospital's Monopoly Claims
Tower Health's Reading Hospital failed to specifically outline how hospital equipment supplier Hill-Rom Holdings Inc. allegedly monopolized the hospital bed market, a Pennsylvania federal judge ruled Friday in dismissing Reading's proposed class action with prejudice.
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September 15, 2025
Weil Adds 2 Acclaimed Trial Attys From Paul Hastings
Weil Gotshal & Manges LLP announced on Monday that it has welcomed two prominent West Coast litigators from Paul Hastings LLP, highlighting their extensive experience in headline-grabbing cases.
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September 15, 2025
Paul Weiss Lands A&O Shearman Antitrust Trio In DC
Paul Weiss Rifkind Wharton & Garrison LLP announced Monday that it has added three antitrust attorneys from Allen Overy Shearman Sterling, including the leader of its global antitrust practice, to strengthen its ability to provide antitrust counseling to clients and advise them about merger control matters, investigations and litigation.
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September 12, 2025
Wabtec Wants Caterpillar Unit's Antitrust Claims Axed Again
Caterpillar subsidiary Progress Rail is trying "yet again" to "turn what are, at most, contract disputes into an antitrust lawsuit" after its claims against rail giant Wabtec over its 2019 merger with General Electric's transportation unit failed the first time around, a Delaware federal court has been told.
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September 12, 2025
Albertsons Loses Bid For Docs On Kroger CEO's Exit
The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Ruling Pits EU Competition Law Against Arbitral Awards
The Madrid High Court's referral order to the Court of Justice of the European Union in a recent contractual dispute case squarely confronts the question of whether national systems may lawfully immunize arbitrators from meaningful scrutiny when they fail to apply binding EU competition law, says Josep Galvez at 4-5 Gray's Inn.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.