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Competition
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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April 15, 2025
Japan Orders Google To Stop Android Licensing Practice
Japan's competition enforcer became the latest global authority to take on Google's Android licensing practices Tuesday, ordering the search giant to stop requiring phone manufacturers and mobile carriers to preinstall its apps on their devices.
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April 15, 2025
Massive Calif. Fire Assessment Pass-Through Sparks Suit
Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act.
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April 15, 2025
Dems Back Ex-FTC Commissioners In Firing Suit
Most of the sitting Democrats in Congress have thrown their support behind a lawsuit challenging the president's recent firing of two Federal Trade Commission members, telling a D.C. federal court the commission is meant to be an independent bipartisan agency.
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April 15, 2025
39 AGs Urge Congress To Ban PBM Pharmacy Ownership
A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.
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April 15, 2025
9th Circ. Backs $272M Verdict For Monster In Bang Ad Case
The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.
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April 15, 2025
NCAA Transfer Player Seeking Extra Season Denied By Judge
A West Virginia federal judge on Tuesday backed the NCAA and the consent decree that overturned the restrictions on athletes transferring schools, denying a temporary restraining order and preliminary injunction for a college basketball player who wants to play one more season next year.
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April 15, 2025
Insurer Denies Coverage For Short Seller Cohodes' Libel Case
Short seller Marc Cohodes, who was accused by a financial advisory firm of causing $5 million in reputational damage via libelous posts on X, cannot have coverage for the litigation, an insurer told a Montana federal court, noting that his homeowners policy excluded intentional wrongdoing.
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April 15, 2025
Entergy Can't Fight FERC Market Rule Change, DC Circ. Says
The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional grid operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.
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April 15, 2025
Roster Limits Stay In Revisions To NCAA's NIL Settlement
In court-ordered revisions to their $2.78 billion antitrust class action settlement, the NCAA and the athlete class added greater protections for athletes entering college throughout the deal's 10-year span, but refused to budge on roster limits opposed by several objectors.
Expert Analysis
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Series
Being A Navy Reservist Makes Me A Better Lawyer
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.
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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.