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Competition
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Featured
FTC Chair Wants Merger Cases Filed Only In Fed. Court
Federal Trade Commission Chairman Andrew Ferguson said Friday that the agency should bring its merger challenges directly in federal court, rather than the agency's in-house administrative process, as it typically has done.
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March 10, 2026
Judge Fumes As Live Nation Antitrust Trial Remains In Limbo
The status of Live Nation Entertainment's antitrust trial and proposed settlement over federal and state government claims of anticompetitive conduct remained up in the air Tuesday amid pushback by several states, while the Manhattan federal judge overseeing the case upbraided the parties for keeping him out of the loop about negotiations.
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March 10, 2026
Sanofi Says Judge Botched Insulin Device Patent Listings
Sanofi-Aventis sparred with drug wholesalers over a Massachusetts federal magistrate judge's pronouncements that the parties should go to trial on claims the pharmaceutical giant used improper insulin device patent listings to anticompetitively protect the blockbuster Lantus insulin pen from competition.
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March 10, 2026
Iowa Defends 5th Circ. Appeal Of Schwab Antitrust Settlement
Iowa's attorney general told the Fifth Circuit that its appeal of a Texas federal judge's final approval of a settlement ending an antitrust class action over The Charles Schwab Corp.'s merger with TD Ameritrade is proper, arguing the state's duty to protect consumers allows it to challenge the deal.
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March 10, 2026
CVS Can't 'Relitigate' Price-Gouging Class Cert.
A Rhode Island federal judge refused to narrow the certified classes of health plans alleging CVS schemed with pharmacy benefit managers to overcharge insured health plans for generic drugs, finding that PBM Express Scripts' refusal to produce its contracts changes nothing about how the classes will be assessed.
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March 10, 2026
Juul Says Court Wrongly Revived Wholesaler's Pricing Suit
Juul Labs and a wholesaler are asking an Illinois federal court to reconsider its revival of a price discrimination case brought by a rival wholesaler over e-cigarette sales, saying the decision was procedurally improper and wrong on the law.
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March 10, 2026
Former Conn. Prosecutor Can Stay On Generic-Drug Case
Connecticut's former assistant attorney general can continue to represent insurers Humana and Molina Healthcare Inc. in multidistrict litigation over alleged price-fixing of generic drugs, after the Pennsylvania federal judge overseeing the case agreed Monday with a report that the attorney has no information that had not already been shared.
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March 10, 2026
Judge Won't Block Millions In Salmon Hatchery Tribal Awards
A Washington federal judge won't block millions in Pacific salmon hatchery grants or set aside $22 million for two Indigenous nations that allege they were unfairly deemed ineligible for the funding, saying the tribes don't meet the standard for relief and are unlikely to succeed on the merits.
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March 10, 2026
Simpson Thacher Mistake Costs Catering Biz Merger Appeal
A tribunal has ruled that Aramark cannot attempt to appeal a decision by the competition regulator to block its merger with a Scottish rival, saying the U.S. hospitality company's lawyers filed its appeal hours after the deadline with no reasonable excuse.
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March 10, 2026
PlayStation Users Say Sony Made Them 'Captives' In £5B Trial
Sony has a "total grip" on the digital PlayStation market, lawyers representing millions of gamers said Tuesday at the opening of a £5 billion ($6.7 billion) class action against the tech giant, arguing it had made them "captives" of the brand and allowed Sony to raise prices and quash competition.
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March 10, 2026
Google, Epic Games Settle Play Store Fortnite Removal Fight
Google has reached a settlement over claims that it engaged in anticompetitive conduct by dropping the popular Fortnite video game from its Play Store after the game's maker, Epic Games, launched its own app payment system.
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March 09, 2026
9th Circ. Doubts Trial Judge Properly Nixed $4.7B NFL Verdict
A Ninth Circuit panel appeared open Monday to reversing at least portions of a lower court's ruling that scrapped a $4.7 billion class action antitrust jury verdict against the National Football League, with one judge saying the "fundamental problem" is the trial court took the verdict away from the jury.
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March 09, 2026
9th Circ. Won't Rethink Revival Of Price-Fixing Claim
The Ninth Circuit has refused a rehearing bid from Japanese manufacturer NHK Spring for a ruling that revived a number of Seagate Technologies' antitrust claims against it in a case concerning hard drive component prices.
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March 09, 2026
Valve Gamers Seek Fees After Co. Dropped Them From Suit
Gamers who were sued by Valve Corp. in an effort to stop hundreds of arbitration proceedings have urged a Washington federal judge to make the company cover their legal fees, arguing that as each defendant was dismissed from the lawsuit following a final arbitration award, they became a prevailing party entitled to recoup their costs.
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March 09, 2026
Archer Says Air Taxi Rival Joby Hid China Ties, Imports
Archer Aviation fired back at electric air-taxi competitor Joby Aviation's trade secret lawsuit Monday, launching counterclaims that accuse Joby of unfair competition and false advertising by allegedly concealing China-based sourcing and misclassifying imports to evade tariffs.
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March 09, 2026
DOJ Official Calls Live Nation Deal Win-Win As AGs Press On
The Justice Department's midtrial settlement with Live Nation on Monday created an instant rift with more than two dozen state attorneys general who vowed to press forward instead of accepting a deal that requires online ticketing technology to be open-sourced and forces the company to divest control over at least 13 amphitheaters.
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March 09, 2026
Judge Won't Toss Nokia Patent Claims Against Warner Bros.
A Delaware federal judge has refused to dismiss Nokia's claims that Warner Bros. infringed a set of video coding patents, saying he couldn't conclude that the patents lack an inventive concept that would meet the U.S. Supreme Court's Alice test.
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March 09, 2026
Table Mountain Tribe Opposes Dismissal In Casino Land Case
The Table Mountain Rancheria has asked a California federal judge to deny another tribe's motion to dismiss its lawsuit against the U.S. Department of the Interior over a 40-acre land transfer for a casino project, saying the DOI will protect any interest the tribe might have.
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March 09, 2026
FTC Won't Quash NewsGuard Subpoena
The Federal Trade Commission has denied a request from news rating organization NewsGuard Technologies Inc. to quash a subpoena issued as part of an investigation into an alleged advertising boycott of conservative publishers, as the group fights the document demand in court.
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March 09, 2026
Senate Bill Eyes Letting Colleges Pool Sports Media Rights
A bipartisan bill in the works would allow colleges to pool their media rights in hopes of boosting their revenue, which could then trickle down to women's and Olympic sports programs.
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March 09, 2026
Bitcoin Classes Should Be Modified, Judge Says In Opinion
A New York federal judge narrowed the class definitions in a suit accusing Tether and Bitfinex of rigging the cryptocurrency market and costing investors hundreds of billions of dollars, after finding that there is no "clear-cut" injury for some investors.
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March 09, 2026
Sony's £5B Market Abuse Trial Will Test Limit Of CPO Regime
A £5 billion ($6.7 billion) collective action against Sony opens on Tuesday in a trial that lawyers say will provide a crucial indication of how the Competition Appeal Tribunal will analyze claims of market abuse against Big Tech companies.
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March 09, 2026
DOJ Deal With Live Nation Throws Antitrust Trial Into Disarray
U.S. Department of Justice lawyers told a Manhattan federal judge Monday that the government is settling its claims that Live Nation engaged in unlawful monopolization by tying ticket sales to the use of its venues, throwing an ongoing trial involving dozens of states into an uncertain posture.
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March 06, 2026
Disney To Pay $50M To End YouTube, DirecTV Stream Claims
The Walt Disney Co. will pay $50 million in its settlement with YouTube TV and DirecTV Stream users in antitrust litigation alleging Disney drove up the cost of streaming live pay television by forcing its pricey ESPN sports channel on streaming platforms, the plaintiffs have told a California federal judge.
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March 06, 2026
Actelion Pays $65M To Settle Tracleer Antitrust Class Suit
Actelion Pharmaceuticals Ltd. agreed to pay $65 million to resolve antitrust claims from a certified class accusing it of illegally denying generics companies the samples they need to produce generic versions of its hypertension drug Tracleer, according to a brief in Maryland federal court seeking preliminary approval of the settlement.
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March 06, 2026
Ex-Exec Can't Skirt Ammo Tech Secrets Suit, NC Judge Says
A former director and plant manager at track-and-trace company Jekson USA Inc. couldn't secure a pretrial exit, a North Carolina Business Court judge has said, ruling the company pled its trade secret and contract breach claims with enough specificity.
Editor's Picks
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More Push In The 'Push-Pull' As DOJ Targets 'Gamesmanship'
The U.S. Department of Justice continues to build its task force targeting "gamesmanship" that it says BigLaw attorneys for major companies, especially technology platforms, are using to obstruct antitrust investigations — an effort that has been welcomed by some practitioners and questioned by others.
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FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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What To Expect From The Competition Appeal Tribunal In 2026
With a new president at the helm, potential government reform and a crowded trial calendar, lawyers say the next 12 months will see a Competition Appeal Tribunal with a more disciplined judicial culture.
Expert Analysis
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How The New Tariff Landscape May Unfold
To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.
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Series
Volunteering With Scouts Makes Me A Better Lawyer
Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.
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Compliance Takeaways Amid Subscription Practices Scrutiny
The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.
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Series
Law School's Missed Lessons: In Court, It's About Storytelling
Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.
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What US Arms Sales Reforms Mean For Defense Industry
A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.
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Aligning Microsoft Tools With NYC Bar AI Recording Guidance
The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.
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FTC Focus: Antitrust Spotlight On 'Acqui-Hires,' Noncompetes
A recent Federal Trade Commission focus on labor issues, like 'acqui-hire' deals, in which only a company's workforce is acquired, and noncompetes, shows that the agency is scrutinizing these issues on a case-by-case basis, necessitating a meaningful look at these transactions, particularly in the technology and artificial intelligence industries, say attorneys at Proskauer.
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A Single DOJ Corporate Enforcement Policy Raises Questions
The U.S. Department of Justice's soon-to-be-released uniform corporate criminal enforcement policy could address the challenges raised by the current decentralized approach, but it will need to answer a number of potential questions amid scant details, say attorneys at Pillsbury.
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WTO Most‑Favored‑Nation Reform May Hold Promise
When the World Trade Organization meets this month, it is expected to debate changing the most-favored-nation rule, a carefully calibrated loosening of which may be justified if it enables deeper liberalization and regulatory cooperation, says Alan Yanovich at Akin.
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5 Different AI Systems Raise Distinct Privilege Issues
A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.
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Opinion
AI-Assisted Arbitration Needs Safeguards To Ensure Fairness
As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.
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Paramount-WBD Deal Would Widen Net For Antitrust Scrutiny
The fresh likelihood of a merger between Paramount and Warner Bros. Discovery raises the prospect of added intervention from the U.S. Department of Justice due to the companies' overlaps in key markets, and may signal expanded DOJ scrutiny of potential anticompetitive effects on supply chains, says Shubha Ghosh at the Syracuse University College of Law.
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Planning For M&A Complexity After New State 'Mini-HSR' Laws
After the recent enactment of California's mini-HSR law, and with Indiana poised to pass its own, requiring the submission of Hart-Scott-Rodino premerger notifications to state attorneys general, practitioners should expand their deal planning to include state-by-state reportability as more states adopt similar mandatory merger-notification requirements, say attorneys at McDermott.
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Series
Playing Piano Makes Me A Better Lawyer
Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.
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AI Trade Secret Conviction Highlights Espionage Risks
A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.