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Competition
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October 02, 2025
National Security Vets, App-Devs Back Google In Epic Fight
A group of former national security officials and scholars is urging the U.S. Supreme Court to stay the district court injunction requiring Google to distribute third-party app stores and allow app developers to provide alternate payment links directly to users, saying the order creates serious national and cybersecurity risks.
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October 02, 2025
NJ Says RealPage Price-Fixing Claims Meet 'Cartel' Standard
The New Jersey government defended its price-fixing claims against RealPage Inc. and multiple landlords in federal court, arguing that the defendants' collusion to jack up rents represents "cartel conduct in its most traditional form."
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October 02, 2025
Court Warned Of Harm From Delaying Medical Device Merger
A D.C. federal court refused to pause the Federal Trade Commission's case challenging Edwards Lifesciences Corp.'s planned acquisition of JenaValve Technology Inc. during the government shutdown after the companies argued that "time is of the essence" for a new lifesaving medical device.
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October 02, 2025
Cravath, Kirkland Lead Berkshire's $9.7B OxyChem Buy
Warren Buffett's Berkshire Hathaway is set to acquire energy giant Occidental's chemical business, OxyChem, in a $9.7 billion all-cash megadeal built by Cravath Swaine & Moore LLP and Kirkland & Ellis LLP.
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October 01, 2025
FTC Halts Fraud Complaints, Spam Call Help Amid Shutdown
The Federal Trade Commission said Wednesday that none of its mechanisms for reporting fraud, including identity theft, will be available to consumers while the federal government is shut down, nor will the National Do Not Call Registry be operational for consumers or telemarketers.
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October 01, 2025
Tyson Inks $85M Deal To Exit Consumers' Pork Antitrust Suit
Pork consumers asked a Minnesota federal court Wednesday to greenlight an $85 million settlement resolving their claims against Tyson Foods Inc. in major antitrust litigation alleging pork producers conspired with data firm Agri Stats Inc. to inflate pork prices by limiting the supply in the U.S. market.
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October 01, 2025
Economist Says Google's Ad Tech Fix Enough To Boost Rivals
Google's expert economics witness urged a Virginia federal judge Wednesday not to break up the search giant's advertising placement technology business, arguing the company's counterproposal would free up rivals without the "market reengineering" threatened by the Justice Department's proposed remedies.
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October 01, 2025
Quantum Can't Nix FTC Order Over $5.2B Natural Gas Deal
Quantum Energy Partners is not going to be allowed out from under a consent order it inked with the Federal Trade Commission that had allowed a $5.2 billion oil and gas deal with EQT Corp. to go through, the agency has announced.
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October 01, 2025
HP Ditches Antitrust Suit Over Third-Party Ink, For Now
HP customers accusing the printer maker of illegally using a firmware update to block them from using third-party ink cartridges in their machines have not outlined a viable antitrust claim to pursue, but they can try again, an Illinois federal judge has ruled.
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October 01, 2025
Eli Lilly's Drug Suit Slammed As 'Anti-Competitive' Move
Eli Lilly and Co.'s lawsuit accusing a compounding pharmacy of unlawfully selling untested weight loss drugs should be tossed because the drugmaker didn't show its advertising was deceptive or harmful, the defendant told a Texas federal court this week.
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October 01, 2025
Temu Antitrust Claims Nixed, Copyright Claims Get Go-Ahead
Major fast fashion company Shein has convinced a D.C. federal judge to slim down a lawsuit brought by its main rival Temu, which accuses Shein of spamming it with copyright takedown requests.
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October 01, 2025
States Accuse Zillow, Redfin Of Deal To End Competition
A coalition of states followed their federal counterparts with an antitrust lawsuit in Virginia federal court Wednesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
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October 01, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission put the final tweaks on its deal allowing a $13.5 billion merger of marketing companies to move ahead and pushed its bid to block a merger in the medical device coatings industry, while U.K. enforcers launched a number of merger probes.
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October 01, 2025
6th Circ. Axes NCAA Appeal After Waiver Keeps QB Playing
The NCAA's appeal of the injunction that allowed Vanderbilt University's Diego Pavia to play football this season was dismissed Wednesday by a unanimous Sixth Circuit panel that raised several ongoing antitrust concerns about college sports.
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October 01, 2025
OpenAI Blasts X's Suit Over Apple Deal As 'Lawfare' Campaign
Apple Inc. and OpenAI Inc. have asked a Texas federal court to toss an antitrust case from X targeting a deal to integrate ChatGPT into iPhones, with OpenAI saying X's billionaire owner Elon Musk is waging a multipronged "lawfare" campaign against it.
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October 01, 2025
Va. Biz Group Calls Charter, Cox Tie-Up Good For Consumers
The Virginia Chamber of Commerce urged the Federal Communications Commission to approve the planned $34.5 billion merger of cable giants Charter and Cox, saying it would be good for consumers as the companies cut costs through scale.
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October 01, 2025
Atty Asks 3rd Circ. For New Trial In Malicious-Litigation Case
A lawyer who lost her malicious-litigation lawsuit against three Blank Rome LLP attorneys and an aviation parts company has asked the Third Circuit to review a Pennsylvania federal judge's ruling that she was not entitled to a new trial.
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October 01, 2025
InterDigital Wants Disney's Video Tech Antitrust Case Tossed
Wireless technology company InterDigital Inc. has asked a Delaware federal judge to dismiss an antitrust suit brought by Disney that claims InterDigital isn't offering reasonable licenses on patents for streaming video, saying the entertainment giant's claims were either deficient or time-barred.
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October 01, 2025
EU Clears Prada's €1.25B Deal To Buy Versace
The European Commission has given the thumbs-up to Prada's acquisition of Italian designer brand Versace in a transaction worth approximately €1.25 billion ($1.47 billion).
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October 01, 2025
Antitrust Watchdog Reviews DLA Piper-Led S&P Merger Deal
The Competition and Markets Authority said it is looking into whether it will launch an in-depth investigation into S&P Global's planned acquisition of Orbcomm Inc.'s data services business.
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September 30, 2025
Google Ad Tech Judge Says Court Order Is 'Elephant In Room'
A Virginia federal judge again wondered Tuesday how far she must go to address Google's advertising placement technology monopolies, asking if a breakup is needed since, no matter what happens, the company will be under a court order banning efforts to put its thumb on the scales of competition.
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Merrill Lynch Denied Bid To Block Rival Firm's Launch
A Georgia federal judge on Tuesday refused to grant Merrill Lynch's bid for a temporary restraining order against a dozen former employees, Charles Schwab and Dynasty Financial Partners in a case concerning an alleged attempt to start a new independent financial advisory firm with Merrill's staff and confidential information.
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September 30, 2025
Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'
A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.
Expert Analysis
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.
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4 Midyear Employer Actions To Reinforce Compliance
The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.
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Synopsys-Ansys Merger Augurs FTC's Return To Remedies
The Federal Trade Commission's recent approval of $35 billion merger between Synopsys and Ansys, subject to the divestiture of certain assets, signals a renewed preference for settlements over litigation, if the former can preserve competition and a robust structural remedy is available, say attorneys at Simpson Thacher.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.