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Competition
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Featured
Back Where We Started: Life After FTC's Noncompete Ban
Now that the Federal Trade Commission has abandoned efforts for a nationwide ban on noncompete clauses, the employment provisions remain subject to a constellation of changing state laws and can sometimes still violate federal law in certain situations.
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November 05, 2025
Google Reaches Deal With Epic For Android App Changes
Google has agreed to make a number of changes to the way apps are distributed on Android devices in a deal with Epic Games, potentially resolving their yearslong antitrust battle after Google asked the U.S. Supreme Court to take up the case.
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November 04, 2025
Hagens Berman Owes $2M Over Failed Suit, Tech Giants Say
Amazon and Apple have told a Seattle federal judge that Hagens Berman Sobol Shapiro LLP should cover nearly $2 million in defense costs because of the firm's "misrepresentations" while litigating a lawsuit accusing the two companies of conspiring to limit device sales on the e-commerce platform.
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November 04, 2025
NASCAR Has Monopoly, Judge Rules Ahead Of Antitrust Trial
NASCAR has a monopoly over premier stock car racing, a North Carolina federal judge ruled late Tuesday in handing two teams — including one owned by basketball legend Michael Jordan — a pretrial win on what the judge described as "two core elements" of their antitrust case.
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November 04, 2025
DOJ, Google Spar Over Breakup Bid In Ad Tech Case
The U.S. Department of Justice is continuing to push a Virginia federal court to force Google to sell its ad exchange in the monopolization case over the company's advertising placement technology while Google is asking the court to impose more modest behavioral remedies.
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November 04, 2025
Feds Tell 11th Circ. Delta, Aeromexico Can't Halt JV Split Order
The Trump administration fired back at Delta Air Lines and Aeromexico's Eleventh Circuit bid to freeze a U.S. Department of Transportation order directing them to scuttle their joint venture by Jan. 1, saying the airlines' contention that it'd be too burdensome to disentangle their networks is overblown.
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November 04, 2025
NJ Slams Investment Fund's Appeal For Emails In Bias Suit
New Jersey state officials have urged a federal court to uphold a magistrate judge's ruling shielding three internal emails from disclosure in the racial discrimination lawsuit brought by Blueprint Capital Advisors LLC, arguing the communications are protected by executive and attorney-client privilege and are irrelevant to the firm's claims.
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November 04, 2025
Dechert Tracks Significant Decline In U.S. Merger Probes
Dechert LLP's latest merger review report counted a dramatic decrease in the number of significant U.S. Department of Justice and Federal Trade Commission tie-up investigations between July and September and year-to-date, coming in at just two-thirds of the average over the last 15 years.
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November 04, 2025
T-Mobile Beats Antitrust Counterclaims In Spectrum Dispute
T-Mobile has convinced a California federal court to kill antitrust counterclaims from a telecom that the mobile titan has filed a RICO suit against, with the judge ruling that T-Mobile was immune to the claims of anticompetitive conduct and the telecom had failed to allege an injury.
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November 04, 2025
EU Opens In-Depth Probe Of MMG's Nickel Mine Deal
European enforcers have deepened a probe into MMG's planned purchase of Anglo American's nickel business in a deal worth up to $500 million, saying the Chinese state-backed mining company could divert supplies of a material needed for stainless steel production.
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November 04, 2025
CoStar, Hotel Giants Say Revised Antitrust Suit Falls Short
Hilton, Hyatt and other major hotel operators have joined real estate analytics firm CoStar in urging a Washington federal court to once again dismiss an antitrust lawsuit accusing them of fixing prices in luxury hotel markets, arguing an amended complaint still doesn't show they shared any exact pricing information.
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November 04, 2025
States' Zillow, Redfin Suit In Va. Paused Amid Gov't Shutdown
A Virginia federal judge has granted a joint motion to pause an antitrust suit filed by Virginia and four other states against Zillow Group Inc., Zillow Inc. and Redfin Corp., ruling the suit will be paused until the current federal government shutdown ends.
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November 04, 2025
Fla. Law Banning Lab Meat Is Preempted, 11th Circ. Hears
A California company urged the Eleventh Circuit Tuesday to reverse a lower court's decision denying a preliminary injunction against a Florida state law banning lab-grown meat, arguing the Sunshine State's prohibition is federally preempted.
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November 04, 2025
End Payors Seek $66M In Atty Fees In Generic Drug MDL
End payors in a generic drug price-fixing multidistrict litigation are seeking a Pennsylvania federal court's approval for a $66 million award of attorney fees, representing one-third of the $200 million settlement between the classes and Sun Pharmaceutical Industries Inc. and Taro Pharmaceuticals USA Inc.
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November 04, 2025
Pfizer Can't Freeze $9B Weight-Loss Drug Fight For Now
A Delaware vice chancellor on Tuesday declined for the moment Pfizer Inc.'s emergency request to put Novo Nordisk's $9 billion bid for Metsera Inc. on hold, saying the time isn't yet at hand for the court's intervention in a fight for control of the developer of GLP-1 weight-loss drugs.
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November 04, 2025
Spotify Lets Bots Stream Drake As Other Artists Pay, Suit Says
Spotify has allegedly allowed billions of fraudulent streams from bots, particularly of Drake's music, to boost its advertising revenue while inflating royalty payments for some artists at the expense of others, according to a proposed class action filed in California federal court.
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November 04, 2025
UK Antitrust Watchdog Clears DLA Piper-Led S&P Merger Deal
Britain's Competition and Markets Authority said Tuesday it has cleared S&P Global Market Intelligence Inc.'s anticipated acquisition of Orbcomm Inc.'s data services business.
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November 03, 2025
Pharmacies Seek Cert. In Cholesterol Drug Price-Fixing MDL
A group of indirect reseller plaintiffs urged a Pennsylvania federal judge on Friday to certify a nationwide class of thousands of pharmacies that indirectly purchased the cholesterol medication pravastatin in sprawling multidistrict litigation over alleged price-fixing in the generic drug industry.
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November 03, 2025
Justices Urged To Rethink Baseball's Antitrust Shield, Again
Three baseball players have asked the U.S. Supreme Court to rehear their petition to stop major league organizations from restricting their salaries, noting another similar pending petition and saying the issue will persist until the justices undo baseball's exemption from antitrust laws.
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November 03, 2025
DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor
The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.
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November 03, 2025
OpenAI Seeking Rejected DOJ Search Fixes, Google Says
Google urged a D.C. federal judge Monday not to let OpenAI wade into the U.S. Department of Justice's case against its search monopoly, arguing the ChatGPT maker is too late and is advocating for help "grounding" its artificial intelligence model, even though the judge explicitly rejected just such a remedy.
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November 03, 2025
Paymentus Faces Trial Over Fintech Atty's Age Bias Claims
A former in-house attorney for billing company Paymentus Corp. can bring her retaliation, age discrimination and wrongful discharge claims to trial after a North Carolina federal judge on Monday granted only partial summary judgment in the company's favor.
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November 03, 2025
CMA Rejects Fix For Getty-Shutterstock Deal, Deepens Probe
The U.K.'s competition enforcer rejected a package of fixes on Monday aimed at curing competition concerns raised by Getty Images' planned $3.7 billion merger with Shutterstock and launched an in-depth review of the visual content deal.
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November 03, 2025
Investors Seek Class Cert. In Antitrust Suit Over Securities IDs
Investment management firms urged a New York federal judge to certify their proposed class action against S&P Global and others over the use of identification numbers for financial instruments, arguing Monday there's common evidence showing the defendants maintained monopoly power through licensing terms.
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November 03, 2025
College Apparel Co. Denied New Trial In Penn State TM Suit
A Washington sportswear company can't get a new trial over its alleged infringement of Pennsylvania State University's trademarks on its print-on-demand merchandise, after the company was permanently barred from using the university's name or logos by a federal judge.
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November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says
California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
Editor's Picks
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HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review
The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.
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Merger Settlements Return As Enforcers Keep Busy
The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.
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Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges
Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.
Expert Analysis
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Post-Genius Landscape Reveals Technical Stablecoin Hurdles
The Genius Act's implementation has revealed challenges for mass stablecoin adoption, but there are several factors that stablecoin issuers can use to differentiate themselves and secure market share, including interest rate, liquidity, and safety and security, say attorneys at Olshan Frome.
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How '24 Statements Show FTC's Direction On Political Speech
Two top Federal Trade Commission officials made concurring statements in 2024 that detailed a potential push to protect political speech, which have served as a preview of the commission's potential new focus on investigating social media and financial services firms to secure changes in those companies' internal business practices, says Benjamin Goldman at Montgomery McCracken.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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Balancing Reliability, Competition In FERC's Pipeline Proposal
The Federal Energy Regulatory Commission's proposed transparency requirements for interstate natural gas pipelines endeavor to improve electric system reliability but could also unintentionally foster coordination, says Lyle Larson at Balch & Bingham.
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DOJ's UnitedHealth Settlement Highlights New Remedies Tack
The use of divestitures and Hart-Scott-Rodino Act compliance in the recent U.S. Department of Justice settlement with UnitedHealth Group and Amedisys underscores the DOJ Antitrust Division's willingness to utilize merger remedies under the second Trump administration, say attorneys at Buchanan Ingersoll.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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CFIUS Trends May Shift Under 'America First' Policy
The arrival of the Committee on Foreign Investment in the United States' latest annual report suggests that the Trump administration's "America First" policy will have a measurable effect on foreign investment, including improved trendlines for investments from allied sources and increasingly negative trendlines for those from foreign adversary sources, say attorneys at Debevoise.
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Justices' LabCorp Punt Leaves Deeper Class Cert. Circuit Split
In its ruling in LabCorp v. Davis, the U.S. Supreme Court left unresolved a standing-related class certification issue that has plagued class action jurisprudence for years — and subsequent conflicting decisions among federal circuit courts have left district courts and litigants struggling with conflicting and uncertain standards, say attorneys at Cozen O'Connor.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Series
The Biz Court Digest: Texas, One Year In
A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.
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Series
Law School's Missed Lessons: Educating Your Community
Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.
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7 Areas To Watch As FTC Ends Push For A Noncompete Ban
As the government ends its push for a nationwide noncompete ban, employers who do not want to be caught without protections for legitimate business interests should explore supplementing their noncompetes by deploying elements of seven practical, enforceable tools, including nondisclosure agreements and garden leave strategies, say attorneys at Seyfarth.
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5 Crisis Lawyering Skills For An Age Of Uncertainty
As attorneys increasingly face unprecedented and pervasive situations — from prosecutions of law enforcement officials to executive orders targeting law firms — they must develop several essential competencies of effective crisis lawyering, says Ray Brescia at Albany Law School.
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Anticipating FTC's Shift On Unfair Competition Enforcement
As the Federal Trade Commission signals that it will continue to challenge unfair or deceptive acts and practices under Section 5 of the FTC Act, but with higher evidentiary standards, attorneys counseling healthcare, technology, energy or pharmaceuticals clients should note several practice tips, says Thomas Stratmann at George Mason University.