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Competition
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April 10, 2025
Microsoft Pushes Back On UK's Cloud Software Findings
Microsoft has responded to the concerns raised by Britain's competition enforcer over the cloud services market, saying that artificial intelligence is radically reshaping the space, and that any regulatory intervention could make the industry less dynamic.
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April 10, 2025
Sagitec Sues Deloitte For Defamation In Trade Secrets Spat
Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.
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April 10, 2025
UK Open To SLB-ChampionX Fixes For $8B Oil Services Deal
The United Kingdom's Competition and Markets Authority expressed openness Thursday to fixes offered to address antitrust concerns over energy-focused global technology company SLB's proposed $7.8 billion acquisition of chemistry solutions provider ChampionX, based in part on a divestiture already inked to address U.S. worries.
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April 10, 2025
Sports Promoter Ends US Soccer Antitrust Suit
The U.S. Soccer Federation and Relevent Sports are nearing the end of a six-year-long antitrust lawsuit in New York federal court, and announced Thursday they reached a settlement agreement resolving a dispute over the sports promotion firm's efforts to host professional international soccer matches in Florida.
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April 10, 2025
Meta Trial Rooted In Decade-Old WhatsApp, Instagram Buys
Federal Trade Commission lawyers are set for a trial Monday that will assess the exact scope of competition that Meta Platform's offerings face providing personal social media services and the reach of monopolization allegations targeting its purchases of WhatsApp and Instagram.
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April 09, 2025
OpenAI Countersues Musk For 'Relentless' Harassment
OpenAI on Wednesday lodged a countersuit to Elon Musk's lawsuit accusing the ChatGPT maker of abandoning its nonprofit mission, urging a California federal court to stop the billionaire from continuing an alleged "harassment campaign" aimed at impeding its success.
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April 09, 2025
Trump Orders Agencies To Identify Anticompetitive Rules
President Donald Trump signed an executive order Wednesday requiring federal agency heads to identify regulations that create anticompetitive barriers with recommendations for what to do about them, following the U.S. Department of Justice's recent announcement of its own similar initiative.
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April 09, 2025
Revived Burger King No-Poach Case Survives Dismissal
A Florida federal judge Wednesday denied Burger King's bid to toss proposed class action claims over the fast-food chain's past use of no-poach provisions in its franchise agreements, finding the workers' antitrust and fraud claims could proceed.
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April 09, 2025
Kansas Says Local Gov'ts Usurping State Powers In Shale Case
Kansas pushed to join multidistrict litigation accusing U.S. shale oil producers of conspiring with OPEC to inflate oil and fuel prices, arguing that local governments don't have the authority to pursue the class claims they've asserted against the companies.
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April 09, 2025
Bristol Myers Beats Pomalyst Antitrust Suit Alleging IP Fraud
A New York federal judge has tossed a proposed antitrust class action accusing Bristol Myers' Celgene subsidiary of fraudulently obtaining patents and filing "sham" infringement lawsuits to block generic versions of its blood-cancer drug Pomalyst, finding that the indirect drug buyer plaintiffs lack standing and haven't plausibly alleged fraud.
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April 09, 2025
FDA: Pharmacies' Bid To Keep Making Eli Lilly Drug Is 'Absurd'
The U.S. Food and Drug Administration said it played by the book when it removed Eli Lilly & Co.'s lucrative weight loss drug from the shortage list and ended compounding pharmacies' right to make the drug, asking a Texas federal judge to grant judgment in the agency's favor.
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April 09, 2025
Country's Largest Egg Producer Discloses DOJ Price Probe
Cal-Maine Foods Inc., which bills itself as the country's largest producer and distributor of fresh shell eggs, on Tuesday became the first company to disclose being targeted by a U.S. Department of Justice civil probe into spiking egg prices.
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April 09, 2025
Live Nation Likely Won't Escape Concertgoers' Antitrust Suit
A California federal court indicated on Wednesday that he's not inclined to toss an antitrust case from consumers accusing Live Nation Entertainment Inc. and Ticketmaster LLC of monopolizing the concert ticketing market following their 2010 merger.
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April 09, 2025
2nd Circ. Allows Takeda To Appeal Actos Antitrust Class Cert.
A split Second Circuit will allow Takeda Pharmaceuticals Co. to immediately appeal a New York federal judge's ruling certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing the company of unlawfully inflating the price of its diabetes treatment Actos by delaying the entry of generic alternatives.
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April 09, 2025
Connell Foley Survives Investment Firm's DQ Bid In Bias Suit
A federal judge in New Jersey has rejected a Black-owned investment company's request to disqualify a Connell Foley LLP attorney from representing the state in the investment firm's bias case, reasoning that there is nothing showing the law firm or the lawyer previously represented the company.
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April 09, 2025
FTC Has Authority To Bring Antitrust Case Against Amazon
A federal court in Washington found the Federal Trade Commission has the authority to bring an antitrust case targeting Amazon's treatment of sellers on its platform directly in federal court without also pursuing an in-house administrative case.
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April 09, 2025
Ancora Drops US Steel Pursuit After Trump Flags Nippon Deal
Ancora Holdings Group said Wednesday it is withdrawing its slate of director candidates for U.S. Steel's upcoming annual meeting, citing "apparent momentum" for the $14.9 billion acquisition by Japan's Nippon Steel after President Donald Trump announced a fresh national security review of the deal Monday.
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April 08, 2025
Jazz Agrees To Pay $145M To Settle Xyrem Antitrust Fight
Jazz Pharmaceuticals has agreed to pay $145 million to resolve antitrust litigation accusing it of working with its rival Hikma Pharmaceuticals to stave off generic competitors to Jazz's narcolepsy drug Xyrem, the Ireland-based pharmaceutical company revealed Tuesday.
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April 08, 2025
Four Robinhood Users Must Arbitrate Meme Stock Claims
A Florida federal judge overseeing the multidistrict litigation over Robinhood's decision to freeze trading in certain so-called meme stocks ordered four remaining plaintiffs in the case to arbitrate their claims, writing in an order that there's no dispute a valid arbitration agreement exists.
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April 08, 2025
Ex-Google Engineer Unlikely To Beat AI Trade Secrets Charges
A California federal judge indicated Tuesday that he's unlikely to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to benefit startups in China, but said he "can't shake the feeling" that prosecutors wouldn't have brought the case if it involved a different country.
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April 08, 2025
Small But Sharp Hurdles Remain To NCAA's NIL Settlement
Nearly a year after the NCAA and hundreds of thousands of athletes agreed on a settlement that would finally give athletes a share of billions of dollars in revenue, enough flaws remain in the agreement — related to roster limits and the rights of future athletes entering the new system — to indefinitely hold off on its final approval.
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April 08, 2025
Pepsi, Frito-Lay Fight Pricing Claims From Stores
Pepsi and Frito-Lay have asked to toss a case accusing them of illegally charging Walmart, Target and other chain stores less for chips than smaller retailers, saying the stores bringing the case fail to make a direct comparison of sales to the different outlets.
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April 08, 2025
UnitedHealth Puts Anesthesiologists' Antitrust Suit To Sleep
A New York federal judge tossed an antitrust lawsuit accusing a United Healthcare unit of using its market power in the New York metropolitan area to cut reimbursement rates to anesthesia providers by 80% in its public-sector employee health plan, while enlisting MultiPlan to pressure providers into accepting the rates.
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April 08, 2025
Hospital Operator Gets 'Burdensome' Antitrust Info Bid Pared
A North Carolina federal judge has pared HCA Healthcare Inc.'s subpoenas to a hospital network in a consolidated antitrust case accusing it of hiking Tar Heel State public employees' health insurance costs, putting a two-hour time limit on the depositions it sought and cutting three years of requested information.
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April 08, 2025
Racing Teams Seek Formula One Financials In Antitrust Case
Two stock car racing teams, including one owned by Michael Jordan, have asked a Colorado federal judge to force the owner of the international racing series Formula One to turn over revenue data and other records, arguing they need the information to prove monopoly claims against NASCAR.
Expert Analysis
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How To Prepare For Expanded HSR Notification Process
Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Destination Skiing And The DOJ's Mountain Merger Challenge
Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
In Visa Case, DOJ Continues To Misapply The Sherman Act
The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Dissecting New Circuit Split Over SEC's Proxy Adviser Rule
The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.
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Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal
Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.