Competition

  • April 07, 2025

    Kroger Says State AGs' Strategy Dooms Merger Row Fees Bid

    Kroger and Albertsons have urged an Oregon federal judge not to grant legal fees to the attorneys general who challenged their now-nixed $24.6 billion merger alongside the Federal Trade Commission, arguing U.S. Supreme Court precedent clearly requires more than a temporary court block to win costs.

  • April 07, 2025

    Trump Reopens Security Review Of US Steel-Nippon Deal

    President Donald Trump on Monday ordered a fresh national security review of Nippon Steel's proposed $14.9 billion takeover of U.S. Steel, reviving a deal blocked by his predecessor and giving the companies some of the relief they sought in court.

  • April 07, 2025

    Monthly Merger Review Snapshot

    The Federal Trade Commission sued to block GTCR BC's planned purchase of a medical device coatings company, the Justice Department's antitrust case against Live Nation survived a dismissal bid and a New York state court found a ski mountain deal hurt competition. Here, Law360 looks at the major merger review developments from March.

  • April 07, 2025

    Grocers Say Colo. AG Can't Fish For More 'No-Poach' Claims

    Kroger and Albertsons have accused Colorado's attorney general of going on a "fishing expedition" as they wait for a ruling on a claim that the grocers brokered an illegal "no-poach" agreement during a 2022 grocery store strike, in a motion asking a Colorado state court to quash document requests into a February strike.

  • April 07, 2025

    Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga

    A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.

  • April 07, 2025

    Conn. Judge Pauses 'Staggering' Hospital Data Subpoena

    A Connecticut judge temporarily paused a subpoena seeking what a health nonprofit called "a staggering amount" of confidential patient data by a proposed class of Constitution State residents accusing Hartford HealthCare Corp. of monopolizing the state's healthcare industry, stating that the court must review the subpoena first.

  • April 04, 2025

    OpenAI And Musk Get 2026 Trial Date, Likely Sans Microsoft

    A California federal judge on Friday nailed down an expedited March 2026 trial schedule for Elon Musk and OpenAI's contract fight over OpenAI's transition into a for-profit enterprise, while staying antitrust claims indefinitely and calling Microsoft's request to participate in the trial if she dismisses Musk's claims against it "not logical."

  • April 04, 2025

    11th Circ. Revives Aircraft Co.'s Deal Suit Against Boeing

    The Eleventh Circuit on Friday revived a defunct aircraft maintenance company's trade secret case against Boeing amid a long-running contract dispute and allowed the company to pursue damages for unjust enrichment after finding it wouldn't be duplicative of the $2.1 million jury award it won at trial in 2020 for its breach of contract claims.

  • April 04, 2025

    Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake

    In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.

  • April 04, 2025

    Fed. Circ. Says AMS' $48M Trade Secrets Win Needs More Math

    The Federal Circuit ruled Friday that a Texas federal court will need to take yet another look at the prejudgment interest calculation in a $48 million-plus judgment in a trade secrets case between chipmakers AMS and Renesas over stolen light sensor technology that has been in the courts for nearly two decades.

  • April 04, 2025

    Anthropic Can't Weigh In On Google Search Fix

    A D.C. federal judge denied a request from Anthropic to provide input during the remedies phase of the government's search monopolization case against Google over concerns about a provision requiring notice before Google makes future investments in artificial intelligence.

  • April 04, 2025

    US Soccer, MLS Push Back On $500M Antitrust Retrial Bid

    Major League Soccer and the U.S. soccer governing body have urged a Brooklyn federal judge to reject a defunct league's request for a new antitrust trial, arguing a jury was right to determine there was no relevant market in the suit.

  • April 04, 2025

    FTC Chair Seeks to Revive Insulin Case By Ending Recusal

    Just days after the Federal Trade Commission's general counsel stayed its insulin price-fixing case against the country's biggest pharmacy benefits managers due to a lack of commissioners, at least one is returning to the fold.

  • April 04, 2025

    Off The Bench: City Sues Sportsbooks, Ex-NFLer Battles TMZ

    In this week's Off The Bench, Baltimore joins the fight against promotional tactics by DraftKings and FanDuel, Terrell Owens tries to protect a catchphrase in a trademark suit, and a trial over a child's injuries at a golf facility draws closer.

  • April 04, 2025

    Westlaw Rival Gets Early Appeal Of 1st Fair Use AI Ruling

    The Third Circuit will be the first appeals court to weigh in on a dispute over using copyrighted material to train artificial intelligence systems after a Delaware federal court on Friday granted permission to send up questions from ROSS Intelligence Inc. over the copyrightability of Thomson Reuters' Westlaw headnotes and fair use.

  • April 04, 2025

    UK Says Aerospace Co. Fix Could Ease Buyout Antitrust Fears

    The Competition and Markets Authority said Friday that French aerospace group Safran has submitted remedies for its planned $1.8 billion acquisition of the flight-control unit of Collins Aerospace that could allay antitrust concerns.

  • April 03, 2025

    5th Circ. Asks If Honor Society Jabs At Rival Are Free Speech

    A Fifth Circuit panel seemed incredulous as it tried to make sense of a bitter fight between the two biggest community college honor societies in the nation, weighing during oral arguments Thursday whether allegedly malicious Wikipedia editing and accusations of embezzlement and sexual harassment count as commercial speech.

  • April 03, 2025

    NC Biz Court Trims Semiconductor Co.'s Trade Secrets Suit

    A North Carolina Business Court judge has permitted the majority of a silicon carbide technology company's suit to proceed against two former executives and the competitor they allegedly helped unfairly compete against it, preserving its claims that they took off with trade secrets.

  • April 03, 2025

    Website, Licensing Co. Settle Food Photo Copyright Suit

    The owner of a Las Vegas-based promotional website has agreed to settle its copyright dispute with a food photo licensing company that was previously criticized for so-called "copyright trolling."

  • April 03, 2025

    Compounders Say Shortage Of Weight Loss Drug Continues

    A group of compounding pharmacies looking to keep producing copycat doses of Eli Lilly & Co's lucrative weight loss drug tirzepatide are telling a Texas federal judge that demand for the drug has "far outpaced" supply despite the Food and Drug Administration declaring the medication's shortage over last year, a move that removed their right to make compounded versions.

  • April 03, 2025

    Samsung Can't Yet Beat Epic's Claim It Colluded With Google

    A California federal judge denied Samsung's bid to end Epic Games' suit claiming it colluded with Google to skirt an impending injunction forcing Google to allow competition with its Play Store, saying Thursday the allegations are plausibly stated so "this is not time to put an end to the case."

  • April 03, 2025

    Senate Panel Advances Bills Tackling Drug Patents, Pricing

    A U.S. Senate panel on Thursday approved a group of bills tackling pharmaceutical patents and drug pricing, including measures that claim to address so-called patent thickets and an industry practice called "product hopping."

  • April 03, 2025

    Hospital Group Urges 4th Circ. To Undo Data Access Order

    Industry groups representing hospitals and health data companies have urged the Fourth Circuit to rethink its panel's dismissal of an appeal over an order forcing an electronic medical records company to let a nursing data company access patients' information, saying the order creates a financial burden on the healthcare system.

  • April 03, 2025

    State Enforcers Are Developing Their Local Antitrust Laws

    State antitrust enforcers have increasingly struck out on their own in recent years, filing cases targeting both national and local issues in state courts in an effort to expand the reach of their local antitrust laws, a panel of state enforcers said Thursday.

  • April 03, 2025

    Carrier Dealing Rule Is Fair, Maritime Regulator Tells DC Circ.

    The agency that regulates the U.S. international ocean transportation system had "ample authority" to issue a rule defining "unreasonable" refusals to negotiate on the part of ocean carriers, the regulator has argued in response to a challenge from an affected trade association.

Expert Analysis

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • FTC Picks Augur Pro-Business Bent For Much Of Economy

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    President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • What 2024's Noncompete Turmoil Means For Banks In 2025

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    A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Opinion

    3 New Year's Resolutions For Antitrust Agencies To Consider

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    James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.

  • FTC Focus: A Changing Of The Guard

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    While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • 5 Antitrust Issues For In-House Counsel In 2025

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    Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

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