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Competition
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September 15, 2025
Fired DOJ Deputy Says Lobbyists 'Playing Dangerous Game'
A former top Justice Department Antitrust Division deputy, allegedly fired for opposing the "pay-to-play" settlement clearing Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, had a warning Monday for the lobbyists he said made the deal possible: there are only so many times they can go over division leadership.
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September 15, 2025
Corcept Can't Escape Teva's Mifepristone Antitrust Suit
Corcept Therapeutics must face most of Teva Pharmaceuticals' lawsuit alleging it suppressed generic competition for its brand-name medication used to treat a rare cortisol disorder, a California federal judge ruled, saying the claims are not time-barred and Teva has adequately alleged unlawful monopolization.
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September 15, 2025
Jordan's Racing Team Looks To Nix NASCAR's Counterclaims
Two teams that have accused NASCAR of monopolizing premier stock car racing are trying to stop the league's counterclaims from making it to trial in December, arguing that its assertions that the teams conspired against NASCAR are unsupported by the evidence after discovery.
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September 15, 2025
Judge Says Key DOJ Ad Tech Expert Has Little Experience
A Virginia federal judge signaled trouble ahead Monday for U.S. Department of Justice efforts to paint the sought breakup of Google's advertising placement technology business as technically feasible, asserting during a hearing that a key government witness appears to have little relevant experience to address the question.
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
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September 15, 2025
US, China Agree On TikTok Ownership Transfer, Bessent Says
The U.S. and China established a commercial framework for a deal with video sharing giant TikTok to transfer ownership of the app to the U.S., just days before a deadline to sell the app or shut it down, U.S. Treasury Secretary Scott Bessent told reporters at a press conference in Madrid on Monday.
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September 15, 2025
Software Co. Defends Contempt Order Against Womble Atty
A North Carolina federal court fairly held Womble Bond Dickinson partner Pressly Millen in contempt after he and his client made misrepresentations in a "parallel" trademark dispute abroad, U.S.-based software company Dmarcian Inc. told the Fourth Circuit on Friday.
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September 15, 2025
Hill-Rom Escapes Pennsylvania Hospital's Monopoly Claims
Tower Health's Reading Hospital failed to specifically outline how hospital equipment supplier Hill-Rom Holdings Inc. allegedly monopolized the hospital bed market, a Pennsylvania federal judge ruled Friday in dismissing Reading's proposed class action with prejudice.
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September 15, 2025
Weil Adds 2 Acclaimed Trial Attys From Paul Hastings
Weil Gotshal & Manges LLP announced on Monday that it has welcomed two prominent West Coast litigators from Paul Hastings LLP, highlighting their extensive experience in headline-grabbing cases.
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September 15, 2025
Paul Weiss Lands A&O Shearman Antitrust Trio In DC
Paul Weiss Rifkind Wharton & Garrison LLP announced Monday that it has added three antitrust attorneys from Allen Overy Shearman Sterling, including the leader of its global antitrust practice, to strengthen its ability to provide antitrust counseling to clients and advise them about merger control matters, investigations and litigation.
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September 12, 2025
Wabtec Wants Caterpillar Unit's Antitrust Claims Axed Again
Caterpillar subsidiary Progress Rail is trying "yet again" to "turn what are, at most, contract disputes into an antitrust lawsuit" after its claims against rail giant Wabtec over its 2019 merger with General Electric's transportation unit failed the first time around, a Delaware federal court has been told.
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September 12, 2025
Albertsons Loses Bid For Docs On Kroger CEO's Exit
The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.
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September 12, 2025
Dentons Ducks Chinese Vape-Maker's Hacking Suit
Dentons has officially escaped allegations it helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, in part by hacking into its founder's laptop to access confidential information, according to newly filed documents.
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September 12, 2025
FCC Faulted For Changes In Broadband Inquiry's Scope
By no longer measuring factors like broadband affordability, the Federal Communications Commission has unacceptably trimmed its yearly look at the state of deployment, just like the old vaudeville joke about "blue plate specials" devoid of food, an advocacy group said.
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September 12, 2025
DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks
The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.
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September 12, 2025
9th Circ. Rejects Rethink, Unpauses Google Play Store Order
The countdown for Google to open up the Play Store is ticking down again after the Ninth Circuit again affirmed district court monopolization findings.
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September 12, 2025
Amazon Says FTC Can't Subpoena Corporation For Prime Trial
Amazon has told a Seattle federal judge that the Federal Trade Commission can't subpoena the company itself for a testimony at an upcoming trial over allegations that it tricked customers into Prime subscriptions and prevented them from undoing their membership, arguing subpoenas that do not name individuals "skirt the rules."
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September 12, 2025
John Deere Rival Won't Get Redo On Safeguards In FTC Case
An Illinois federal court on Thursday refused a bid from a Deere & Co. competitor asking for reconsideration of an order denying a bid to block the distribution of confidential information produced during the Federal Trade Commission's right-to-repair investigation into the farming equipment company.
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September 12, 2025
Jury Awards Mallinckrodt $9.5M In Nitric Oxide Patent Suit
A Delaware federal jury awarded Mallinckrodt Pharmaceuticals almost $9.5 million on Friday, finding that French industrial gas company Airgas Healthcare infringed patents covering its inhaled nitric oxide treatment.
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September 12, 2025
Hytera Fights Motorola's Contempt Bid Over Subsidiary Sale
Hytera Communications Corp. has urged an Illinois federal judge to reject Motorola Solutions' bid to hold it in contempt for using subsidiary sale funds to pay off lenders instead of paying Motorola what it's owed under a trade secrets judgment, arguing it shouldn't be punished for conducting ordinary business.
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September 12, 2025
9th Circ. Won't Rethink Rejection Of Vegas Newspaper Pact
The Ninth Circuit refused to reconsider a panel's decision finding that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful because the rival newspapers needed approval from the U.S. attorney general.
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September 12, 2025
Snoop Dogg's Ice Cream Brand Battles 'Swizzle' TM Claim
Rapper Snoop Dogg's ice cream brand is seeking a Connecticut federal judge's help to dodge a claim that its use of the word "Swizzle" is an act of trademark infringement, asking for the court to declare that Edible Arrangements is illegally trying to create a monopoly.
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September 12, 2025
In Fees Fight, OpenAI Rival Says TM Case Not Exceptional
Nothing "stands out" from a successful trademark case brought by OpenAI against Open Artificial Intelligence Inc., the latter company told a California federal judge, urging the court to deny OpenAI's request to make it pay $10 million in attorney fees.
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September 12, 2025
Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy
In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.
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September 12, 2025
Assurant Rival Seeks Toss Of 'Scant' Racketeering Claims
A former salesman for auto warranty underwriter Assurant called on a federal judge Thursday to release him from the company's suit alleging he hatched a conspiracy to poach clients and steal records, arguing his old employer had blown up a "garden-variety business dispute" into a bogus racketeering claim.
Expert Analysis
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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$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.
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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.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Mergers Face Steeper Slopes In State Antitrust Reviews
The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.