Apple told a California federal court that antitrust claims from a class of more than 185 million consumers targeting its App Store policies should not go to trial because the allegations focus on legitimate product design and business decisions, not anti-competitive conduct.
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Competition
WEDNESDAY, AUGUST 6, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Apple Looks To Nix Consumer Antitrust Case, Decertify Class

By Matthew Perlman

Apple told a California federal court that antitrust claims from a class of more than 185 million consumers targeting its App Store policies should not go to trial because the allegations focus on legitimate product design and business decisions, not anti-competitive conduct.

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Google Ad Exchange Rival Follows DOJ With Antitrust Suit

By Bryan Koenig

A Google rival entered the fray over advertising placement technology with a Virginia federal court complaint explicitly following in the wake of the Justice Department's successful lawsuit that led to Google being liable for illegally monopolizing two targeted ad tech markets.

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Amazon, DC AG Seek To Delay Antitrust Trial To May 2027

By Jared Foretek

The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.

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Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint

By Bryan Koenig

The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.

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Brief

Teva Settles Claims Over Delayed Generic Asthma Inhalers

By Julie Manganis

Teva Pharmaceuticals has settled a 2023 lawsuit by a coalition of union healthcare funds accusing the company of thwarting the introduction of a generic version of its QVAR inhalers to the market, according to a filing in Massachusetts federal court.

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RISING STAR

Rising Star: Clifford Chance's Danielle Morello

By Matthew Perlman

Danielle Morello of Clifford Chance LLP helped Caterpillar defeat long-running antitrust claims seeking $2 billion and assisted UScellular on a $4.4 billion acquisition by T-Mobile, earning her a spot among the competition practitioners under age 40 honored by Law360 as Rising Stars.

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MERGER REVIEW

FCC Asked To Reconsider Paramount-Skydance Deal

By Nadia Dreid

The Federal Communications Commission needs to rethink its decision to greenlight Skydance Media's controversial $8 billion acquisition of Paramount Global, a third-party firm has told the agency, arguing it never addressed "substantial evidence in the record" that Paramount was talking to President Donald Trump on the sidelines.

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INTERNATIONAL

CMA Launches In-Depth Probe Of Catering Services Merger

By Jared Foretek

United Kingdom antitrust enforcers are officially launching an in-depth review of Aramark Group's acquisition of Scottish catering company Entier Ltd., saying Tuesday that Aramark declined to volunteer any remedies that would assuage competition concerns during the government's initial review phase.

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LITIGATION

Yacht Listing Co. Tells 11th Circ. Sellers Agree To Arbitrate

By Matthew Perlman

A yacht listing service told the Eleventh Circuit that sellers agree to arbitrate any claims related to the platform when a broker lists their vessel, as it looks to force arbitration in a case accusing it of conspiring with others to inflate broker fees.

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Law, Medical School Orgs Face Application Fee Antitrust Suits

By Gina Kim

The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.

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Property Co. Backs Calif. Tribe In $700M Casino Row

By Isaac Monterose

A property owner has urged a D.C. federal judge in an amicus brief to grant the Scotts Valley Band of Pomo Indians' quick win bid in the tribe's suit accusing the federal government of wrongfully blocking the tribe's $700 million casino project in Vallejo, California.

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Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent

By Ryan Davis

A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.

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Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told

By Dylan Moroses

The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.

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Pharma Startup Claims Lupin Stole Inhaler Trade Secrets

By Ivan Moreno

Pharmaceutical startup Transpire Bio has accused Lupin Pharmaceuticals and its affiliates of stealing trade secrets related to the development of generic inhalers, alleging in a Florida federal complaint that a Lupin scientist briefly took a job with Transpire and returned to Lupin with confidential information.

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POLICY & REGULATION

NAB Says Streamers' Success Makes 39% Cap Outdated

By Christopher Cole

The broadcast industry's top lobbying group said marketplace changes call for the Federal Communications Commission to lift the 39% cap on national TV audience share.

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Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill

By Elliot Weld

A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.

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EXPERT ANALYSIS

Noncompete Forecast Shows Tough Weather For Employers

Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

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Unpacking Notable Details From FTC's 'AI Washing' Cases

The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.

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The Int'l Compliance View: Everything Everywhere All At Once

Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.

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Opinion

The Legal Education Status Quo Is No Longer Tenable

As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

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LEGAL INDUSTRY

Judge Mulls Sanctioning Hagens Berman In Thalidomide Suits

By Lauren Berg

The Pennsylvania federal judge presiding over dozens of product liability actions against manufacturers of the morning sickness drug thalidomide Tuesday ordered Hagens Berman Sobol Shapiro LLP to explain why it shouldn't be sanctioned for allegedly conducting "grossly inadequate" pre-suit inquiries, obstructing discovery and doctoring evidence.

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Analysis

Tesla Verdict Could Embolden Plaintiffs With Similar Claims

By Carolina Bolado

The $329 million verdict handed down by jurors in Miami on Friday over a fatal Florida Keys crash is the first to find Tesla's autopilot defective and will likely embolden other plaintiffs with similar claims to take them to trial, personal injury attorneys told Law360.

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Analysis

A Free Exercise 'Blueprint' In Colo. Abortion Reversal Order

By Mark Payne

A Colorado federal judge's decision to allow medication abortion "reversals" on free exercise grounds could serve as a model for other lawsuits meant to legitimize a practice that is outside the standard practice of medicine.

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Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions

By Madison Arnold

A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."

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OptumRx Urges Panel To DQ Motley Rice In LA Opioid Suit

By Craig Clough

OptumRx told a California appellate panel Tuesday that Motley Rice should be disqualified from representing Los Angeles County in a lawsuit alleging it colluded with drugmakers to fuel the opioid crisis, saying the firm violated state law by using confidential information obtained in the case in other lawsuits it's handling against Optum.

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Feature

Meet FDA Chief Counsel Sean Keveney

By Dan McKay

The new top attorney at the U.S. Food and Drug Administration, described as a "tremendous technical lawyer," rose through the ranks as a federal prosecutor before helping lead President Donald Trump's confrontation with elite universities this year.

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5th Circ. Says Texas Voter ID Law Is Legally Sound

By Spencer Brewer

A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.

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Analysis

Medicaid Cuts May Worsen Incarceration-Linked Death Risks

By Hannah Albarazi

A new public health investigation reveals an association between incarceration and elevated risk of early death, not only for people who have been behind bars but for entire communities. Experts caution that impending disinvestment in Medicaid could worsen outcomes in vulnerable populations.

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Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs

By Lauren Berg

Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.

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Ex-Patent Examiner Fights USPTO Exclusion At High Court

By Adam Lidgett

A former U.S. Patent and Trademark Office examiner wants the U.S. Supreme Court to review his exclusion from practicing before the agency, saying the justices should look at issues relating to a suspension he received and also federal civil rights protections.

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Approach The Bench: Justice Wecht On Judicial Campaigns

By Cara Bayles and Steven Trader

If running for judicial office often requires walking the line of being a sitting jurist and a politician, Pennsylvania Supreme Court Justice David Wecht is no stranger to that tightrope.

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LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Arnall Golden

Baker Botts

Berman Tabacco

Boni Zack

Bowman & Brooke

Cannella Snyder

Clifford Chance

Coppersmith Brockelman

Cozen O'Connor

Cravath Swaine

Cuneo Gilbert

Custodio & Dubey

DLA Piper

Dentons

Dominick Feld

Eaton & Wolk

Gallagher & Kennedy

Gibson Dunn

Glancy Prongay

Hagens Berman

Hausfeld LLP

Hilgers Graben

Hilliard Shadowen

Jenner & Block

Jones Day

K&L Gates

Kellogg Hansen

Kirkland & Ellis

Korein Tillery

Lightfoot Franklin

Markus Moss PLLC

McDermott Will & Schulte

Mike Scott Law

Morrison & Foerster

Motley Rice

Napoli Shkolnik

Peebles Bergin

Pietragallo Gordon

Podhurst Orseck

Quinn Emanuel

Robbins Geller

Rousso Boumel

Rupp Pfalzgraf

Singleton Schreiber

Smith Gambrell

Sperling Kenny

Squire Patton

Sterne Kessler

Steyer Lowenthal

Taft Stettinius

Wiggin & Dana

Williams & Connolly

WilmerHale

Wolf Haldenstein

Womble Bond

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Civil Liberties Union

Apple Inc.

Aramark

Association of American Medical Colleges

Boston University

Brown & Brown Inc.

Career Education Corporation

Caterpillar Inc.

Clean Air Council

Council for Innovation Promotion

Culligan International Co.

Disability Rights Texas

DraftKings Inc.

EE Ltd.

Epic Games Inc.

Epic Systems Corp.

EuroChem Group SE

Express Scripts Holding Co.

Frito-Lay Inc.

GSK PLC

George Washington University

Google LLC

Helen of Troy Ltd.

Lambda Legal Defense & Educational Fund

Law School Admission Council Inc.

Lupin Ltd.

Medco Health Solutions Inc.

Miami Dolphins

Mosaic

National Amusements Inc

National Association for the Advancement of Colored People

National Association of Realtors

National Women's Law Center

OpenAI OpCo LLC

OpenX Technologies Inc.

OptumRx Inc.

Paramount Global

PepsiCo Inc.

Planned Parenthood Federation

Public Joint Stock Co. Gazprom

Skydance Media LLC

Southern Glazer's Wine & Spirits LLC

State Bar of California

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

Texas Civil Rights Project

The Clorox Co.

The JAMA Network

The Mosaic Co.

The New York Times Co.

U.S. Chamber of Commerce

Ultimate Fighting Championship Ltd.

University of Virginia

Walmart Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

California Supreme Court

Centers for Medicare & Medicaid Services

Competition and Markets Authority

Federal Communications Commission

Federal Trade Commission

Florida Supreme Court

Food and Drug Administration

Georgia Supreme Court

International Trade Commission

Los Angeles Superior Court

Office of the Attorney General for the District of Columbia

Parquet National Financier

Pennsylvania Supreme Court

Serious Fraud Office

Texas Medical Board

U.S. Attorney's Office for the Southern District of New York

U.S. Census Bureau

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Department of Commerce

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Interior

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado