Competition

  • May 20, 2025

    Meta Says Too Late For 'Dramatic Shift' In Antitrust Argument

    Consumers who claim Meta monopolized the social media advertising market are attempting to make a late "dramatic shift" from their years-long argument that all of its users should have been paid a "made-up figure" of $5 a month for their data, the company told a California federal court Monday.

  • May 20, 2025

    NJ Justices Take Up Bond Marketing Suit Against Big Banks

    The New Jersey Supreme Court will review a lower appellate court's ruling in favor of JPMorgan Chase & Co., Citigroup Inc., Wells Fargo and other big banks in a lawsuit accusing them of a scheme to inflate the interest rates of certain bonds, according to an order list the justices released Tuesday.

  • May 20, 2025

    Judge Denies Meta's Mid-Trial Bid To End FTC Monopoly Case

    A D.C. federal judge refused Tuesday to cut short the trial in the Federal Trade Commission's monopolization lawsuit against Meta Platforms Inc., not finding the clear evidentiary failure necessary to nix the government's case over the company's purchases of WhatsApp and Instagram.

  • May 20, 2025

    Amazon, Apple Get Atty Fees Over Dropped Antitrust Plaintiff

    A Washington federal judge on Tuesday ordered an ousted lead plaintiff's counsel in a proposed antitrust class action against Amazon and Apple to pay a combined $223,000 in attorney fees to the defendants after finding last month that the lawyers had failed to tell the court that their client had abandoned the case.

  • May 20, 2025

    FTC Case Against Greystar Stayed For Settlement Talks

    A Colorado federal judge has stayed a Federal Trade Commission suit alleging developer and property manager Greystar advertised deceptive rental prices after the parties notified the court that they are in "active settlement negotiations" that could resolve the entire case.

  • May 20, 2025

    Apple Can't Get Quick Pause Of App Store Order At 9th Circ.

    The Ninth Circuit agreed Monday to expedite briefing in Apple's appeal challenging a lower court's new injunction mandating certain App Store policy changes, but the panel declined to rule on Apple's emergency request to pause the injunction as Apple and Epic Games brief the hotly contested dispute.

  • May 20, 2025

    1st Circ. Tosses Puerto Rican Players' MLB Antitrust Appeal

    The First Circuit has dismissed an appeal in a wage-fixing antitrust action filed by minor league players against the MLB and its teams, finding the players committed a critical error by not objecting to a federal magistrate judge's recommendation to dismiss the underlying case.

  • May 20, 2025

    Innsworth Bags £68M As Mastercard Settlement Approved

    The Competition Appeal Tribunal gave final approval on Tuesday to a £200 million settlement between Mastercard and Walter Merricks to end litigation over credit card fees, with the funder of the claim set to receive approximately £68 million.

  • May 19, 2025

    4th Circ. Partially Revives Eye Drop Maker's IP Theft Suit

    A Fourth Circuit panel partially revived Monday eye drop maker OSRX Inc.'s trade secret theft lawsuit against a former sales executive who is accused of defecting to rival ImprimisRx with OSRX's confidential information, affirming the lower court's decision to send claims against the ex-executive to arbitration, but rebooting allegations against ImprimisRx.

  • May 19, 2025

    Comscore Accused Of Monopoly Over Movie Box Office Data

    Media analytics giant Comscore Inc. wields a monopoly over U.S. theatrical box office data and has used it to squeeze out a company that provides competing software for film distribution planning and booking, according to a new antitrust suit filed Monday in California federal court.

  • May 19, 2025

    FCC's Carr Claims Victory Versus DEI In Verizon-Frontier OK

    Verizon took a leap toward closing its $20 billion bid for Frontier Communications by gaining the Federal Communications Commission's approval after ditching its diversity, equity and inclusion programs at the behest of FCC Chair Brendan Carr.

  • May 19, 2025

    Apple's Refusal To Put Fortnite On App Store Prompts Hearing

    A California federal judge issued an order Monday requiring Apple to show why she should not find that the company has violated her recent injunction requiring changes to its App Store policies, after Epic Games complained that the tech giant is refusing to put Fortnite back on its U.S. online storefront.

  • May 19, 2025

    Amazon Asks 9th Circ. To Flip 'Inadvertent' Discovery Ruling

    Amazon asked the Ninth Circuit to reverse a Washington federal court's ruling that refused its bid to claw back documents inadvertently produced in proposed antitrust class actions, saying companies need to be able to fix mistakes made when designating privileged documents.

  • May 19, 2025

    Tyson Says Feed Ingredient Co.'s Suppliers Chose It Fairly

    Tyson Foods asked a Georgia federal judge to nix a poultry rendering company's antitrust lawsuit, arguing the evidence shows that contracts it inked with the company's raw materials suppliers were won out of competition, not conspiracy to force the rendering firm into an underpriced $865.8 million buyout.

  • May 19, 2025

    Conservative Groups Push Media Ownership Deregulation

    Nearly two dozen right-leaning groups and activists made a pitch for media ownership deregulation, telling the Federal Communications Commission that outdated restrictions are stifling local broadcasters at a time of rapid change in the media sector.

  • May 19, 2025

    NY AG Blasts Ski Resort Owner's Antitrust Fixes

    The New York Attorney General's Office has told a state court that alternative fixes being offered by a ski resort owner found to have violated antitrust law by buying and closing a competitor would "entrench the very monopoly" the court found illegal.

  • May 19, 2025

    NCAA Defends Latest NIL Deal Revisions In Bid For Approval

    Contrary to claims by some athletes that they will be harmed by roster limitations in a proposed $2.78 billion name, image and likeness settlement, the NCAA has told a California federal judge the latest changes will ensure "beyond a doubt" those athletes are treated fairly.

  • May 19, 2025

    Cos. Fight Recusal Bid In Antitrust Case Over Clerk Ties

    The Minnesota federal judge overseeing a major pork price-fixing case shouldn't have to recuse himself just because one of his clerks worked at plaintiffs-side firms, pork purchaser plaintiffs say, calling the defendants' request a cynical ploy that comes on the eve of trial.

  • May 19, 2025

    BCLP Hires Career Crowell Commercial Atty In DC, Arizona

    Bryan Cave Leighton Paisner LLP has hired a former Crowell & Moring LLP commercial litigator who will split time between the firm's Phoenix and Washington, D.C., offices, and will bring his practice representing companies in high stakes healthcare and antitrust matters to the firm, according to a Monday announcement.

  • May 19, 2025

    Partner Hire Kills Jurisdiction In Referral Suit, Mass. Firm Says

    A Boston law firm told a Massachusetts federal court on Monday that it plans to refile its suit seeking a referral fee from a Minnesota firm that served as co-lead counsel in a salmon purchaser antitrust case, after the latter firm's hiring of a Massachusetts-based partner defeated federal court jurisdiction.

  • May 19, 2025

    Phones 4u Fights Decision Clearing UK Networks Of Collusion

    The administrators of Phones 4u urged an appeals court on Monday to overturn a finding that the U.K.'s biggest phone operators did not unlawfully collude when they pulled out of supplying the retail chain, which subsequently went out of business.

  • May 19, 2025

    Kelyn Bacon Named President Of Competition Appeal Tribunal

    The government has appointed Kelyn Bacon to be president of the Competition Appeal Tribunal, naming a specialist in competition and EU law who has already helped the tribunal to take a tougher stance on the suitability of class action representatives.

  • May 16, 2025

    No 'Magic Words' Needed To Sue KKR For Hiding Deals, DOJ Says

    KKR is trying to duck a U.S. Department of Justice lawsuit seeking fines that could top $650 million, by reading standards for seeking penalties that are not there, the government said Thursday, defending claims that the private equity giant failed to notify two mergers and deleted key documentation from notifications.

  • May 16, 2025

    J&J Unit Hit With $147M Verdict In Catheter Antitrust Suit

    A California federal jury found Friday that Johnson & Johnson's medical technology unit Biosense Webster violated federal and state antitrust laws by withholding clinical support to hospitals using third-party reprocessed catheters, awarding plaintiff Innovative Health more than $147 million in damages.

  • May 16, 2025

    Tesla Tells Justices Challenge To La. Sale Ban Should Stand

    Tesla Inc. has asked the U.S. Supreme Court to reject a petition from Louisiana regulators seeking review of its case targeting the state's ban on direct sales by automakers, saying the regulators are in fact competitors who view Tesla's business model as an existential threat.

Expert Analysis

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • Opinion

    2 Errors Limit The Potential Influence Of AI Fair Use Case

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    The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • Opinion

    DOJ's HPE-Juniper Challenge Is Not Rooted In Law

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    Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • BlackRock Suit Highlights Antitrust Risks Of ESG

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    In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.

  • What Reuters Ruling Means For AI Fair Use And Copyright

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    A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

  • How The AI Antitrust Landscape Might Evolve Under Trump

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    The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Opinion

    US Steel-Nippon Merger Should Not Have Been Blocked

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    The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer. 

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