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Competition
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August 08, 2025
Iowa PBM Law Challengers Seek Wider Block At 8th Circ.
Employers and benefit plans challenging an Iowa law aiming to limit pharmacy benefit managers' power to set drug prices will seek Eighth Circuit review of a district court judge's decision from July that temporarily blocked parts of the new policy as preempted by federal benefits law.
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August 08, 2025
Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit
A residential brokerage startup is heading to the Tenth Circuit to appeal the toss of its antitrust suit against the National Association of Realtors and several major brokerages, which were accused in Utah federal court of conspiring to block the startup from accessing NAR multiple listing services because it offered lower buyer-broker commissions.
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August 08, 2025
Warner Bros. Faces TM Trial Over 'Ugliest House' Show
A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.
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August 08, 2025
Tenn. Athletes Lose Bid To Pause NCAA Eligibility Rules
A Tennessee federal judge has denied four college athletes an injunction that would have paused the NCAA's eligibility bylaws, dashing their hopes of playing college football in the coming season.
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August 08, 2025
Rising Star: Proskauer's Stephen Chuk
Stephen R. Chuk of Proskauer Rose LLP helped poultry giant Sanderson Farms beat $7 billion worth of antitrust claims at trial and scored another jury trial win on behalf of Major League Soccer, earning him a spot among the competition attorneys under age 40 honored by Law360 as Rising Stars.
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August 08, 2025
Taxation With Representation: Latham, Alston & Bird, Orrick
In this week's Taxation With Representation, fiber optic connector systems maker Amphenol Corp. buys CommScope's connectivity and cable solutions business, Blackstone acquires Enverus from private equity firms, investors buy a majority stake in medical device company HistoSonics Inc., and ESPN swaps an equity stake for the National Football League's NFL Network and other intellectual property.
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August 08, 2025
UK Clears Boeing's $4.7B Spirit Aero Deal For Take-Off
The Competition and Markets Authority said Friday that it has given the green light to Boeing's planned $4.7 billion move to buy aircraft parts-maker Spirit AeroSystems after finding that the deal will not harm competition in U.K. markets.
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August 08, 2025
KKR Tries To Steer NHS Landlord Away From Rival £1.8B Bid
Private equity firm KKR made a final attempt on Friday to lure healthcare property manager Assura PLC away from a planned £1.79 billion ($2.4 billion) takeover by Primary Health Properties, claiming that its own terms offer more certainty to shareholders.
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August 07, 2025
NY AG, Ski Resort Square Up Over Resort Divestiture
A New York ski resort operator that bought a competing resort and shut it down must divest that resort to right the antitrust wrong a state judge found it had committed and restore competition to the market, the Empire State is arguing.
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August 07, 2025
Amazon, DC AG Get Antitrust Trial Delayed To May 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will not make it to trial until closer to mid-2027, after a D.C. judge agreed Wednesday to allow the parties to push back the original trial date by four months.
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August 07, 2025
Google Wants Epic's Claims Tossed After Samsung Deal
Google urged a California federal court to toss the remaining claims in a case from Epic Games that initially accused the tech giant of colluding with Samsung to block app store competition, but now centers on a security feature Google said the court has already addressed.
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August 07, 2025
FTC Urged To Investigate Meta's $14.3B Scale AI Investment
A group of advocacy organizations is calling on the Federal Trade Commission to investigate Meta's recent $14.3 billion investment in Scale AI, saying it fits into a "buy or bury" strategy to eliminate competition.
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August 07, 2025
'Cardiac Pack' IP Suit Is Decades Too Late, NC Judge Says
A North Carolina state court on Thursday dismissed a lawsuit brought by 12 members of North Carolina State University's 1983 "Cardiac Pack" basketball team alleging that the NCAA unduly profited from their name, image and likeness by rebroadcasting footage from their national championship run.
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August 07, 2025
Vast Amazon Customer Class Greenlit In Price-Fixing Case
A Washington federal judge has certified a consumer class encompassing an estimated 288 million people who purchased goods on Amazon's marketplace since 2017, advancing a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies.
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August 07, 2025
Michigan AG Fights Bid To Pause PBM Price-Fixing Suit
Michigan's attorney general has said there is no reason to pause her price-fixing suit against pharmacy benefit managers Express Scripts and Prime Therapeutics for a pending dismissal motion, urging a federal judge not to put discovery on ice.
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August 07, 2025
HPE-Juniper Judge Shuns More Direct Comment On DOJ Deal
Comments, or complaints, about the controversial U.S. Department of Justice deal permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks must go through the DOJ and will no longer be accepted if submitted directly to the court, the reviewing California federal judge said Wednesday.
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August 07, 2025
Rising Star: Morgan Lewis' Rishi Satia
Soon after Rishi Satia moved back to the Bay Area after years in Washington, D.C., he began representing the companies he'd heard about growing up in Los Gatos, California. In the seven years he's worked for Morgan Lewis & Bockius LLP's antitrust practice, he's represented an array of clients fighting claims they've stifled competition — from tech giants like Google and Qualcomm to the governing body for U.S. cricket teams — earning him a spot among the competition law practitioners under age 40 honored by Law360 as Rising Stars.
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August 07, 2025
7th Circ. Backs $75M In Chicken Price-Fixing Settlements
The Seventh Circuit rejected an appeal from restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc., after finding an analysis of prices failed to show the deals were unreasonable.
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August 07, 2025
CoStar Asks Full 9th Circ. To Revisit Antitrust Ruling For Rival
Commercial real estate information company CoStar Group Inc. and a subsidiary are urging the Ninth Circuit to reconsider its ruling reviving antitrust counterclaims lodged by rival Commercial Real Estate Exchange Inc., which CoStar has accused in a suit of stealing property listing data and copyrighted photos.
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August 07, 2025
UK Gov't Reviews Opt-Out Class Action Regime
The government has announced plans to review whether the opt-out collective action regime "strikes the right balance" between getting money into the hands of consumers and protecting companies from unmeritorious claims, 10 years after its introduction.
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 07, 2025
Lobby Group Intervenes Over Stagecoach Settlement Funds
The U.K. Competition Appeal Tribunal on Thursday granted a business advocacy group permission to intervene in a hearing over how to distribute the unclaimed remainder of a £25 million ($33.6 million) settlement with rail operator Stagecoach following claims it overcharged London commuters.
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August 07, 2025
UnitedHealth Selling Home Health Branches In DOJ Deal
The U.S. Department of Justice announced a settlement Thursday resolving its Maryland federal court challenge to UnitedHealth's $3.3 billion acquisition of home health and hospice company Amedisys, with the deal requiring the companies to sell at least 164 locations across 19 states.
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August 06, 2025
Gray TV Urges FCC To Stick With Next-Gen Transition
Broadcast behemoth GrayTV says it's time for the Federal Communications Commission to force the finalization of transition to the next generation of television broadcasting, arguing that the old generation services "place broadcasters at a technological disadvantage."
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August 06, 2025
Insulin Collusion Needn't Be 'Clever' To Exist, 2nd Circ. Says
A Second Circuit panel revived safety-net providers' proposed class action claims against Sanofi, Eli Lilly, Novo Nordisk and AstraZeneca on Wednesday that allege the company agreed to limit discount program participation to spike insulin and weight-loss drug costs, with the appeals court rejecting drugmaker arguments that their actions weren't "clever" enough to be collusion.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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A Look At M&A Trends In An Uncertain Deal Environment
Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.