Competition

  • May 05, 2025

    Software Co. Sues After Acquisition Of Allstate's EVB Biz

    A software solutions company has sued Allstate Insurance Co. and StanCorp Financial Group Inc. for copyright infringement and breach of contract, telling a California federal court that the insurance giant distributed and reproduced its copyrighted software in violation of a master agreement.

  • May 05, 2025

    Jeld-Wen Tells 4th Circ. No More Need For Factory Sale

    Jeld-Wen Inc. urged the Fourth Circuit to undo a landmark order forcing it to sell a manufacturing plant, saying a divestiture is no longer needed because the rival door maker that sued is no longer at risk of going out of business.

  • May 05, 2025

    Meta Users Refused 9th Circ. Appeal On Data Pay Cert Denial

    A Ninth Circuit panel summarily refused to permit Meta Platforms Inc. users to immediately appeal a district court decision rejecting class certification for their antitrust case alleging the social media giant would have had to pay for their data if it didn't lie about privacy safeguards.

  • May 05, 2025

    Google Ads Advertisers Ask For Class Cert. In MDL

    A group of advertisers in multidistrict litigation accusing Google of violating antitrust law through its control over key ad technology has asked a New York federal court to certify it as a class.

  • May 05, 2025

    FB Exec Saw Messaging Apps As Threat, But Not WhatsApp

    A former top Meta executive for Facebook Messenger and Instagram provided limited backing Monday for Federal Trade Commission allegations the company bought WhatsApp and Instagram to squelch competition, telling a D.C. federal judge that while he saw messaging apps as a real threat, those worries didn't include WhatsApp.

  • May 05, 2025

    Trump Admin Defends Tariff Power In Toy-Makers' Challenge

    President Donald Trump's administration urged a D.C. federal court to deny a request by toy companies to halt global tariffs, arguing the government is authorized to impose trade measures under the International Emergency Economic Powers Act.

  • May 05, 2025

    American Airlines Sues Chicago Over O'Hare Gate Space

    American Airlines said in a lawsuit filed Friday in Illinois federal court that the city of Chicago breached its contract with the airline in reassigning gate space at O'Hare International Airport in a way that favors competitor United Airlines.

  • May 05, 2025

    Agri Stats Wants Judge Recused From DOJ Case

    Agri Stats asked the Minnesota federal judge overseeing the government's case accusing the data firm of helping meat processors exchange sensitive information to recuse himself because one of his law clerks previously worked on the case for one of the state enforcers.

  • May 02, 2025

    Insulin Giants' Antitrust Victory On Shaky Ground At 2nd Circ.

    A major legal triumph for manufacturers of wildly popular medications treating diabetes and obesity suddenly looked precarious Friday at the Second Circuit, where judges sounded open to reviving a proposed class action alleging a multibillion-dollar conspiracy in a controversial drug-discount program.

  • May 02, 2025

    DC Circ. To Decide If 14 Miles Of Trains Is Too Many

    The D.C. Circuit is set to decide whether federal regulators used bad data to approve a $31 billion merger between Canadian Pacific and Kansas City Southern that will see 14 miles of trains running through a set of Chicagoland communities each day.

  • May 02, 2025

    Ill. Judge Questions Legal Theory In Multiplan Pricing MDL

    An Illinois federal judge handling multidistrict litigation accusing Multiplan of conspiring with insurers to fix out-of-network reimbursement rates seemed unsure Friday that a viable antitrust theory is at play, saying the plaintiffs' alleged market dynamic seems similar to various individuals independently deciding to hire the same "really good painter."  

  • May 02, 2025

    Dems Urge Fed To Rethink $35B Capital One-Discover Deal

    Democratic Sen. Elizabeth Warren of Massachusetts and Rep. Maxine Waters, D-Calif., have formally petitioned the Federal Reserve to pause and revisit its approval of Capital One's $35 billion acquisition of Discover, saying the central bank's analysis of the transaction had glaring gaps that make its conclusion legally unsustainable.

  • May 02, 2025

    Mozilla Says Google Search Remedies Are Major Threat

    A Mozilla executive told a D.C. federal court on Friday that preventing Google from sharing revenue from its search ads would eliminate the nonprofit browser developer's primary source of income.

  • May 02, 2025

    Epic Says Google, Samsung Can't Ignore Its Earlier Jury Win

    In its litigation claiming that Samsung colluded with Google to dodge a Play Store court order, Epic Games has pressed a California federal court to adopt the jury findings from a similar case it won against Google, arguing that there is "little to be gained from relitigating these issues."

  • May 02, 2025

    Texas-Led AGs Defend BlackRock Coal Investments Suit

    A coalition of Republican states led by Texas are arguing that BlackRock Inc.'s public commitments to reducing its carbon footprint are evidence that it and two other leading asset managers teamed up to suppress the production of coal in the United States, asking a federal judge not to dismiss their case against the firms.

  • May 02, 2025

    Fed. Circ. Gives MSN Short Pause For Entresto Appeal

    The Federal Circuit told a Delaware federal judge on Friday to hold off entering final judgment in litigation that would delay MSN Pharmaceuticals Inc. from launching a generic version of Novartis' blockbuster heart medication Entresto.

  • May 02, 2025

    4 Mass. Rulings You May Have Missed In April

    Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.

  • May 02, 2025

    Ad Tech Judge Mulls Possible Google Exchange Divestiture

    A Virginia federal judge expressed interest Friday in potentially forcing Google to divest a key piece of its advertising placement technology business, while voicing reservations with a U.S. Department of Justice proposal to also force another sale to address the search giant's ad tech monopoly.

  • May 02, 2025

    Musk Can Pursue Most Claims Against OpenAI, Microsoft

    Microsoft, OpenAI and several of their affiliates cannot escape the bulk of Elon Musk's lawsuit accusing the companies of swindling him by transitioning the ChatGPT maker into a for-profit enterprise, a California federal judge ruled.

  • May 02, 2025

    Conn. Burrito Joints Settle Trademark, Cash Raid Suit

    Two Connecticut restaurants with similar names, operated by onetime romantic partners, have settled a federal trademark and trade secrets suit accusing the allegedly infringing business of improperly using cash and ideas from the original.

  • May 02, 2025

    FIFA Seeks Fees After Citation Mistakes In Antitrust Case

    FIFA is demanding attorney fees from plaintiffs for misusing artificial intelligence in an antitrust suit against the soccer federation in Puerto Rico, with a formatting error revealing that it is seeking more than $50,000 for work performed by Paul Weiss Rifkind Wharton & Garrison LLP and a local firm, according to court documents.

  • May 02, 2025

    Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules

    In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.

  • May 02, 2025

    Leave Us Out Of NASCAR's Antitrust Feud, Leagues Tell Court

    The National Football League, National Basketball Association and National Hockey League should not be forced to reveal confidential business and financial information as part of a stock-car racing case that has no relevance to them, the major sports leagues told a New York federal court as they tried to dodge a subpoena demand.

  • May 02, 2025

    Live Nation Antitrust Fight Won't Have Split Damages Phase

    A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.

  • May 02, 2025

    Windfarm Accuses Nexans Of Overpricing In £50M Cartel Trial

    Companies behind an English windfarm have alleged that the Norwegian arm of power cable giant Nexans charged artificially high prices as a result of an anticompetitive cartel, in a trial in which they are claiming £49.8 million ($66.2 million) in damages.

Expert Analysis

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • Expect Continued Antitrust Enforcement In Procurement

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    The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.

  • Takeaways From Oral Argument In High Court Trademark Case

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    Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Navigating Title IX Compliance In The NIL Era

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    As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.

  • National Bank Act Rulings Facilitate More Preemption Analysis

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    Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Opinion

    New DOJ Leaders Should Curb Ill-Conceived Prosecutions

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    First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

  • Tips For Pharma-Biotech Overlap Reporting In New HSR Form

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    While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.

  • Complying With Calif. Price-Gouging Law After LA Fires

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    The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Opinion

    Congress Must Consider Accurate Data About Patent Thickets

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    If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

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