Competition

  • April 17, 2025

    AstraZeneca Unit Hit With Antitrust Suit Over Soliris

    Not-for-profit insurance company EmblemHealth Inc. has hit an AstraZeneca unit with a proposed class action claiming the subsidiary defrauded the U.S. Patent and Trademark Office to delay generic competition of its blood disorder product Soliris.

  • April 17, 2025

    OpenAI Eyes Windsurf, Activist Targets HP, And More Rumors

    OpenAI is preparing to bid about $3 billion to acquire coding developer Windsurf, activist fund Elliot Investment Management has purchased a major stake in Hewlett Packard with an eye toward pushing changes at the information technology giant, and private equity giant KKR is considering selling Atlantic Aviation for $10 billion.

  • April 17, 2025

    7-Eleven Parent Floats Refreshed Board With 4 New Nominees

    Japan's Seven & i Holdings Co. on Thursday proposed a refreshed slate of directors and reaffirmed its commitment to pursuing both internal reforms and a potential acquisition by Canada's Alimentation Couche-Tard.

  • April 17, 2025

    'Moonshine' Fudge Maker Must Pay Fees For Failed IP Claims

    The maker of "Chocolate Moonshine" fudge may have won a trade secrets case against his ex-wife and her new chocolate company, but he must pay the defendants more than $174,000 in attorney fees and costs for his unsuccessful trademark and copyright infringement claims.

  • April 17, 2025

    NASCAR Fights Race Teams' Bid To Beat Cartel Claims

    NASCAR urged a North Carolina federal judge not to let a racing team dodge its allegation in a counterclaim that the team conspired with other teams to harm the stock car racing league's business by forming an anti-competitive cartel during contract negotiations, asserting the team's dismissal bid "attacks a straw man."

  • April 17, 2025

    Judge Rules Google Monopolized Ad Tech In 2nd Win For DOJ

    A Virginia federal judge on Thursday handed the U.S. Department of Justice Antitrust Division its second seminal win against Google, ruling that the search giant has illegally monopolized markets for display advertising placement technology.

  • April 16, 2025

    NJ Judge Unsure Injunction For Athlete Would Harm NCAA

    A New Jersey federal judge grilled the NCAA Wednesday about how it would be harmed if he granted a Rutgers football player's request to block the NCAA's five-year rule as it applies to him while he pursues an antitrust claim, pointing out the lack of clarity around the rule since the U.S. Supreme Court struck down restrictions on education benefits for athletes.

  • April 16, 2025

    Zuckerberg Calls TikTok Meta's 'Highest Competitive Threat'

    Meta Platforms Inc. CEO Mark Zuckerberg pushed back Wednesday on Federal Trade Commission efforts to cabin the company's allegedly monopolistic social media dominance into a market that excludes TikTok and YouTube, telling a D.C. federal judge video has become the new predominant form of social media interaction.

  • April 16, 2025

    3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge

    The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.

  • April 16, 2025

    Mich. Exec Gets Prison As Judge Rips White Collar Wrist Slaps

    A Michigan federal judge said Wednesday that he couldn't offer probation to a former asphalt company executive, saying the $17 million his company received as part of a bid-rigging scheme with competitors warrants some prison time to deter white collar criminals from thinking they can escape with a more lenient sentence.

  • April 16, 2025

    Koch, Chicken Buyers Spar Over $75M Deal Challenge

    Restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc. told the Seventh Circuit the appeal should succeed because it includes more detail than a recently rejected challenge of a smaller deal with Simmons Foods Inc.

  • April 16, 2025

    Musk Rips Calif. AG Decision To Not Join Suit Against OpenAI

    Elon Musk blasted a California attorney general's office decision declining to join his federal lawsuit against OpenAI, saying in a Tuesday filing the decision appears to "misapprehend" the complaint and its derivative claims and "mischaracterizes or misunderstands" the consortium of investors he's assembled to bid on OpenAI Inc.'s assets.

  • April 16, 2025

    Groups Urge Congress To Probe DC's Use Of Private Attys

    The American Tort Reform Association and two other groups called on Congress on Wednesday to investigate District of Columbia Attorney General Brian Schwalb for the office's use of outside counsel for litigation, which they say has issued millions in legal contracts with little transparency or accountability.

  • April 16, 2025

    NYC Bus Tour Operators Settle Antitrust Claims For $2.5M

    A group of New York City tour bus companies inked a $2.5 million settlement with the state attorney general to settle claims that they colluded to quash competition.

  • April 16, 2025

    Texas Law Firm Hits Rival With Web Search Keywords Suit

    Texas personal injury firm Thomas J. Henry Law has claimed in a lawsuit filed in Texas federal court that a Lone Star State competitor is unlawfully capitalizing on his reputation by misdirecting web searches through the purchase of certain search keywords.

  • April 16, 2025

    Ex-US Atty Chosen To Monitor T-Mobile Merger Compliance

    The U.S. Department of Justice is looking to appoint former U.S. attorney and current Kasowitz Benson Torres partner Edward McNally as the new monitoring trustee to oversee the government's settlement with T-Mobile that cleared the way for its $26 billion acquisition of Sprint.

  • April 16, 2025

    Jack Nicklaus Granted $1M In Damages After NIL Win

    Jack Nicklaus was granted $1 million Wednesday by a New York state court judge for damages incurred as a result of a preliminary injunction that prevented the golf legend from signing new commercial deals during now-dismissed litigation over the use of his name, image and likeness.

  • April 16, 2025

    Google Faces £5B UK Class Action Over Search Ads

    A group of U.K. businesses said Wednesday that they are suing Google for more than £5 billion ($6.6 billion), alleging that the technology giant has abused its monopoly in the search engine market by overcharging them for placement in its search results.

  • April 16, 2025

    Apple's Challenge To UK Class Action Funding Deal Fails

    The Court of Appeal ruled Wednesday that litigation-funders backing a £853 million collective action against Apple over iPhone batteries could be paid in advance of class members, concluding there was "nothing wrong" with a financing agreement that states this.

  • April 15, 2025

    Trump Cites U.S. Security To Investigate Critical Minerals Tax

    President Donald Trump on Tuesday issued an executive order launching a so-called Section 232 national security tariff investigation into the United States' reliance on imported processed critical minerals, citing his belief that "an overreliance ... could jeopardize U.S. defense capabilities."

  • April 15, 2025

    Zuckerberg Calls Buying Rival, Building Co. Two Sides Of 1 Coin

    Meta Platforms CEO Mark Zuckerberg tried Tuesday to distance himself from internal documents describing Instagram and WhatsApp as competitive threats, pushing back on Federal Trade Commission monopolization claims by arguing in D.C. federal court that the owner of Facebook was always focused on improvements to itself and the acquisitions.

  • April 15, 2025

    9th Circ. Told Oregon Hospital Merger Law Flouts Due Process

    A hospital trade group urged the Ninth Circuit on Monday to block an Oregon law allowing the Oregon Health Authority to review proposed healthcare business consolidations, arguing the law is "unconstitutionally vague" and bestows unlimited power on the agency to block healthcare transactions in the state.

  • April 15, 2025

    Westlaw Rival Urges 3rd Circ. Intervention In AI Fair Use Case

    Tech startup ROSS Intelligence has urged the Third Circuit to allow a quick appeal focusing on two key questions from a lower court decision concluding it infringed copyrighted material from Thomson Reuters' Westlaw platform to create an artificial intelligence-backed competing legal research tool. 

  • April 15, 2025

    Cloud Startup Figma Confidentially Files IPO Amid Volatility

    Cloud-based design platform Figma Inc. said Tuesday it confidentially filed for an initial public offering, marking a first step toward going public during tense times for equity markets and coming more than one year after a failed merger with Adobe.

  • April 15, 2025

    FTC Wants More Time To Examine $5.3B H&E Rentals Deal

    H&E Rentals has withdrawn and refiled its intent to sell itself to rental equipment company Herc Holdings for a whopping $5.3 billion in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerts.

Expert Analysis

  • Marching In On Orange Book Drugs May Have Limited Effect

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    Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • How To Prepare For Expanded HSR Notification Process

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    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.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    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.

  • What To Expect From State AGs As Federal Control Changes

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    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.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    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.

  • Opinion

    Efficiency Dept. Should Consolidate Antitrust Enforcement

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    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.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    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.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    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.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    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.

  • Destination Skiing And The DOJ's Mountain Merger Challenge

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    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.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    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.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    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.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    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. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    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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