Competition

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Judge Mulls If Google Could Still Vie To Be Default Search

A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
May 28, 2025
5-Hour Energy Price Discrimination Suit Falls Short Again

A California federal judge ruled Wednesday that family-owned wholesalers proved competition with Costco in their price-discrimination suit against the maker of 5-Hour Energy and that the energy "shot" company offered Costco disproportionate promotions, but the wholesalers did not prove that this discrimination caused them antitrust injury.
May 28, 2025
EchoStar Says FCC Should Not Question Buildout Extension

Echostar Corp. says the FCC has created a "dark cloud of uncertainty" by opening the door to comments about whether the agency should have given the company an extension on its deadline for building a broadband service using spectrum it acquired for its open RAN network plan.
May 28, 2025
Agency Says Klehr Harrison Testimony Allowed In NFL Case

A sports management company on Wednesday argued that a Pennsylvania federal court's previous sanction orders permit the testimony it is seeking from two Klehr Harrison Harvey Branzburg LLP attorneys who represented defendants in a lawsuit over an alleged attempt to poach former Detroit Lions wide receiver Kenny Golladay as a client.
May 28, 2025
Fla. Judge Told Pharma Co. Rival Also Stole Trade Secrets

A Florida federal judge on Wednesday denied an India-based pharmaceutical company's bid to reject a competitor's defense against a lawsuit alleging trade secrets theft by claiming its accuser is responsible for the same conduct, expressing doubt whether she can rule on such an issue.
May 28, 2025
FTC Orders Divestitures Before $35B Synopsys-Ansys Merger

The Federal Trade Commission said Wednesday that software companies Synopsys and Ansys will be required to divest certain assets, including Synopsys' optical software tools and Ansys' power consumption analysis tool, in order to move forward with their planned $35 billion merger.
May 28, 2025
FCC Urged To Reject Waiver For Alaska Plan Mapping

The Federal Communications Commission ought not lower its standards for telecoms hoping to receive federal dollars in order to bring high-speed internet to Alaska, according to a trade group, who is arguing the end result would simply be worse service for Alaskans.
May 28, 2025
3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case

The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.
May 28, 2025
Drugmaker LIVation Fights Novo Nordisk's Trademark Claims

A Connecticut company, accused by Novo Nordisk Inc. of breaking trademark and unfair trade practices laws by comparing its compounded drugs to Ozempic, says it has taken down online posts the pharma giant challenged in April, claiming Novo Nordisk can no longer prove ongoing harm.
May 28, 2025
7th Circ. Skeptical That NCAA Eligibility Rules Restrain Trade

The Seventh Circuit on Wednesday appeared to raise doubts over a lower court's decision granting a University of Wisconsin football player another year of eligibility, questioning his claim that the National Collegiate Athletic Association's five-year rule restrains competition in violation of federal antitrust laws.
May 28, 2025
Distiller Denied New Shot At Wash. State Alcohol Sales Regs

A federal judge in Washington state gave short shrift to a bid for reconsideration from a New York distillery and two Washington whiskey drinkers who lost their challenge to the Washington state liquor board's rules requiring a physical in-state presence to sell online.
May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case

Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
May 28, 2025
Feds Urge Supreme Court To Let 10th Circ. PBM Ruling Stand

The federal government urged the U.S. Supreme Court not to take up the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits and healthcare laws, arguing the case doesn't warrant further review from the justices.
May 28, 2025
Security Exec Gets $20K Fine For Rigging DOD Contracts

A former executive with a Belgian security company pled guilty to antitrust violations Wednesday in D.C. federal court, receiving a sentence of probation and a $20,000 fine for conspiring with rivals to rig bids for U.S. Department of Defense contracts in Belgium.
May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction

The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
May 28, 2025
DOJ Gets Some Discovery Seeking HPE-Juniper Witness Bias

A California federal magistrate judge granted the U.S. Department of Justice only limited discovery Tuesday as it looks for potential "bias" from an industry analyst Hewlett Packard Enterprise may call in defense of its planned $14 billion purchase of Juniper Networks Inc.
May 28, 2025
DOJ Tells Justices American Airlines Can't Renew JetBlue Pact

The federal government told the U.S. Supreme Court that the First Circuit correctly determined that American Airlines failed to prove at trial that its codeshare agreement with JetBlue in Boston and New York had procompetitive benefits, and the carrier's attempt to revive the alliance is moot anyway.
May 28, 2025
Anesthesiology Co. Urges Dismissal Of Antitrust Class Action

U.S. Anesthesia Partners told a Houston judge that a patient leading a proposed class action accusing it of monopolizing the Texas anesthesia market doesn't have a valid claim because his insurance company chose how much he paid for services.
May 28, 2025
China Can't Duck PPE Hoarding Claims By Fla. Medical Pros

A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.
May 28, 2025
Ex-Judge Launches £25B Ad-Price Action Against Google

Google is facing a new £25 billion ($33.7 billion) class action in the U.K. brought by a former High Court judge on behalf of advertisers, alleging that the technology giant abused its dominant position in online search advertising.
May 27, 2025
Ruling Tariffs Unlawful Would 'Kneecap' Trump, Gov't Says

A ruling from a D.C. federal judge invalidating the Trump administration's use of the International Emergency Economic Powers Act to impose sweeping global tariffs would "kneecap" the president and cause "diplomatic embarrassment," a government attorney told a Washington, D.C., federal judge in court Tuesday.
May 27, 2025
AMS Nets $52M As 17-Year-Old Trade Secrets Case Wraps

Light sensor maker AMS has been granted a $51.7 million judgment against a rival in Texas federal court, ending a 17-year-old trade secrets case that has gone through multiple appeals and two trials.
May 27, 2025
11th Circ. Won't Revisit FCC Ownership Ruling

The Eleventh Circuit won't take a second whack at its order upholding a Federal Communications Commission finding that Gray Television had broken agency ownership consolidation rules by owning one too many stations in Anchorage, Alaska.
May 27, 2025
Feds Tell 11th Circ. 'No Error' In Ga. Bid-Rigging Conviction

Federal prosecutors urged the Eleventh Circuit Friday to uphold the bid-rigging and price-fixing convictions of one of two brothers accused of manipulating the coastal Georgia concrete market, arguing his push for a new trial is a "virtual carbon copy" of one a district court already rejected.
May 27, 2025
Judge Follows The Users And The Money In Meta's FTC Case

A D.C. federal judge on Tuesday looked for the right metrics to measure the effect that Meta Platforms Inc. has had on Instagram and WhatsApp in terms of users, growth and money spent buying the apps in deals the Federal Trade Commission says were designed to buy or bury the competition.
May 27, 2025
DOJ Wants Google Docs Analyzing Potential Ad Tech Breakup

Enforcers are asking a Virginia federal court for access to Google documents analyzing a potential break up of the company's ad tech business, as the court considers what remedies to impose after finding Google monopolized key ad tech markets.

Editor's Picks

Google Ad Tech Trial: 15 Days On The Rocket Docket

The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
FTC Withdraws From Feds' Merger Review Labor Pact

The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
US Antitrust Holds Fast: No 'Environmental Justice' Goals

A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.

Expert Analysis

Pace Of Early Terminations Suggests Greater M&A Scrutiny

The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.
And Now A Word From The Panel: A Rare MDL Petition Off-Day

In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.
Customs Fraud Enforcement In The Age Of Tariffs

In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
Series

Power To The Paralegals: An Untapped Source For Biz Roles

Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
The Legal Risks Of US Restrictions On Investments In China

The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
Series

Playing Poker Makes Me A Better Lawyer

Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
4 Ways Slater Is Priming DOJ For Continued Antitrust Success

Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.
What EU 'Killer Acquisition' Study Means For Pharma Deals

The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.
Why Texas Should Slow Down On Healthcare Merger Bills

More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
Series

Law School's Missed Lessons: Becoming A Firmwide MVP

Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
Big Tech M&A Risk Under Trump May Resemble Biden Era

Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.
Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
FTC Focus: Interlocking Directorate Enforcement May Persist

Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.
$38M Law Firm Settlement Highlights 'Unworthy Client' Perils

A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
Series

Teaching Business Law Makes Me A Better Lawyer

Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.