Competition

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    The End Of An 'Independent' FTC

    Federal Trade Commission members, responsible for merger review, antitrust enforcement, consumer protection safeguards and rulemaking, and industry analysis, no longer serve at a remove from presidential authority, thanks to Monday's U.S. Supreme Court ruling that could dramatically remake the FTC and other independent agencies.

  • June 29, 2026

    Insulin Makers Can't Nix 340B Antitrust Claims On Remand

    A New York federal judge trimmed proposed class action claims by providers alleging Sanofi-Aventis and other drugmakers colluded to deny them discounts on insulin products under the 340B program, allowing most of their state-law antitrust claims to survive but dismissing their unjust enrichment claims.

  • June 29, 2026

    PBMs Drop Fight To Pause Insulin Case Amid Deal Talks

    Optum, Caremark and Express Scripts on Monday dropped their appeal in a case challenging the constitutionality of the Federal Trade Commission's in-house administrative process, and the pharmacy benefit managers are working to settle the commission's remaining insulin-pricing claims.

  • June 29, 2026

    8th Circ. Backs Tossing Ark. Worker's Pharmacy Network Suit

    The Eighth Circuit on Monday turned down an employee health plan participant's bid to revive a proposed class action alleging CVS Caremark unjustly enriched itself by failing to comply with Arkansas laws on pharmacy network adequacy, holding a lower court didn't err in tossing the dispute.

  • June 29, 2026

    3 Firms Build $752M Sale Of Cardinal Natural Gas Businesses

    Willkie Farr & Gallagher LLP-led independent midstream energy company Cardinal Midstream Partners LLC on Monday revealed that it has agreed to sell its Cardinal Delaware Basin LLC and Cardinal New Mexico LLC to San Mateo Midstream LLC, led by Baker Botts LLP and O'Melveny & Myers LLP, in a $752 million deal.

  • June 29, 2026

    Blur Drummer Fails To Revive £200M Royalties Class Action

    Blur drummer Dave Rowntree failed Monday to revive his collective action over the distribution of £200 million ($265.2 million) in royalties, as the Court of Appeal held he had failed to establish that the royalties "belong" to any particular individual.

  • June 29, 2026

    Australian, Norwegian Silicon Metal Face Final Duty Rates

    Australian and Norwegian silicon metal imported into the U.S. could be hit with countervailing and antidumping duties following U.S. Department of Commerce final determinations Monday.

  • June 29, 2026

    Justices Strike Down Humphrey's Presidential Firing Limits

    The president has unlimited authority to fire members of independent agencies, the U.S. Supreme Court ruled Monday in a major win for President Donald Trump's campaign against officials at the Federal Trade Commission and beyond.

  • June 26, 2026

    Law School Admission Council Can't Escape Fee-Fixing Suit

    A Pennsylvania federal judge on Friday refused to throw out a proposed class action claiming the Law School Admission Council conspired with law schools to fix application prices, giving the parties until late September to wrap up fact discovery and file motions for summary judgment.

  • June 26, 2026

    Elite Schools Must Face Aid-Fixing Trial First, Appeal Later

    Cornell University and certain other elite schools defending against students' accusations that they illegally conspired to fix their financial aid offerings will not be able to challenge an order sending those claims to trial before a jury resolves them first, an Illinois federal judge has ruled.

  • June 26, 2026

    PACER Fees Will Rise To Fund Cyber Defense Upgrades

    The federal judiciary announced Friday it will temporarily increase the fees for electronic access to court records to pay for a potential $800 million upgrade that will modernize and strengthen court records systems PACER and CM/ECF, an upgrade it previously said is needed to respond to escalating cyberattacks.

  • June 26, 2026

    NC Judge Won't Block Ex-Sales Team's Rival Venture, For Now

    An office technology provider can't block a group of former sales representatives from running a rival business, which it claims they're doing by violating their noncompete agreements and using its trade secrets, after a federal judge said he'd wait until both sides can weigh in.

  • June 26, 2026

    Court OKs Antitrust Deal Over Allegheny Health's Expansion

    A Pennsylvania federal judge on Friday signed off on a deal between Allegheny Health Network and the Pennsylvania attorney general's office, putting aside antitrust claims filed over the company's proposed acquisition of a competing Pittsburgh-area hospital system.

  • June 26, 2026

    FCC Tweaks Alaska Rural Deployment Performance Plans

    Following feedback from the telecom industry, the Federal Communications Commission has made a few changes to the performance plans Alaska Connect Fund recipients have to submit outlining how they plan to deploy and maintain their networks.

  • June 26, 2026

    Ex-Cal Basketball Player Sues NCAA Over Age Eligibility Rule

    The National Collegiate Athletic Association was sued in Illinois federal court Thursday by a proposed class of athletes challenging a new policy that restricts players to five years of eligibility with no opportunity for "redshirting" or other eligibility waivers, arguing it imposes "restrictions that arbitrarily and disparately cut short college athletes' ability to compete."

  • June 26, 2026

    EU Probing Sanofi For Disparaging Rival Flu Vaccine

    European enforcers are investigating whether Sanofi used a messaging campaign directed mainly at healthcare professionals in Germany and France to disparage the only rival flu vaccine recommended for vulnerable patients.

  • June 26, 2026

    Athletes Vow To Fight Magistrate's Third-Party NIL Deal Ruling

    A California federal magistrate judge has rejected a request from a class of college athletes to exempt multimedia rights companies and third-party brand sponsor deals from a landmark $2.78 billion name, image and likeness settlement with the NCAA, a decision the class said Friday it'll appeal to the district judge overseeing the case.

  • June 26, 2026

    5 ERISA Cases To Keep An Eye On In The Second Half Of 2026

    A U.S. Supreme Court challenge to Intel Corp.'s 401(k) investment lineup tops the list of cases benefits attorneys will be watching this summer and fall, though appeals involving health plan tobacco fees, plan forfeiture spending and a potential Eleventh Circuit precedent shift are also top of mind. Here, Law360 looks at five ERISA cases that attorneys should have on their radar as 2026 rolls on.

  • June 26, 2026

    High Court To Issue Big Decisions In Term's Final Days

    As the U.S. Supreme Court enters the final days of its term, the justices still have several major decisions to issue, including some concerning birthright citizenship, the president's power to remove independent agency officials, transgender athletes and election rules. 

  • June 26, 2026

    4 Attys Leave DOJ To Join Robins Kaplan In Minnesota

    Robins Kaplan LLP announced that it has hired four Minnesota-based former federal prosecutors, responding to clients' increased desire to pursue affirmative strategies to investigate misconduct, recover losses and address complex fraud-related disputes.

  • June 26, 2026

    Trump Reportedly Mulls FCC Attorney For DOJ Antitrust Chief

    President Donald Trump is reportedly preparing to nominate the Federal Communications Commission's general counsel to serve as the top antitrust official in the U.S. Department of Justice.

  • June 26, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Michelle Mone sued by PPE Medpro, Broadfield Law sued by the founders of an international aid company, and litigation funder Fortress bring a claim against Edwin Coe and businesses the law firm represented in a cartel claim.

  • June 25, 2026

    Sandoz Still Can't Escape Generics Claims From GM, Others

    A Pennsylvania federal judge on Thursday declined to rethink her decision forcing Sandoz's Swiss parent company to face generic-drug price-fixing claims from major employers like American Airlines Inc. and General Motors LLC, saying the pharmaceutical company "has no new evidence" backing up its argument that the court lacks personal jurisdiction.

  • June 25, 2026

    Robo-Surgery Co., FTC Urge 9th Circ. To Revive Antitrust Case

    Surgical Instrument Service and the Federal Trade Commission urged the Ninth Circuit on Thursday to revive the company's case accusing Intuitive Surgical of blocking third parties from refurbishing components for its da Vinci surgery robot, saying a lower court erred in requiring the U.S. Supreme Court's Kodak factors to be proven.

Expert Analysis

  • DOJ Activity Indicates Rising Antitrust Risk For Hospitals

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    Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Recent Benchmarking Suits Highlight DOJ Enforcement Risks

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    The U.S. Department of Justice's recent settlements with RealPage and Agri Stats inform the level of antitrust risk surrounding the use of benchmarking services and suggest an aggressive enforcement approach, particularly with respect to granular data and nonprice data reporting, say attorneys at Axinn.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • Food Kiosk Merger Offers FTC Insights For Dealmakers

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    The Federal Trade Commission's recent approval of 365 Retail Markets' merger with fellow food-kiosk provider Cantaloupe balances structural divestiture with behavioral provisions, emphasizing the role of early engagement by the parties and the importance of tailored remedies in concentrated markets, say attorneys at Freshfields.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Nexstar Offers A Cautionary Tale On State-Level Deal Scrutiny

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    State-enforcement challenges to the $6.2 billion Nexstar-Tegna merger remind legal practitioners that federal approval isn't always sufficient to deliver certainty on closing, integration and timetable assumptions, says Brett Story at Britehorn Securities.

  • How 'Bundling' Enforcement Is Parsing Efficiency, Access

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    Recent antitrust enforcement actions have taken a selective view of companies' bundling of products or services — challenging it when it shuts out rivals, but tolerating it when it creates efficient scale — making the real test now less about lower prices than about whether competition is being blocked, says attorney Alan Kusinitz.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

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