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Competition
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Featured
'Powering' Algorithm Not Enough To Merit Price-Fixing Claim
A California federal judge gave short shrift Friday to consumers' proposed class action price-fixing allegations against software provider SAS Institute Inc., which allegedly created a shared pricing algorithm that Hilton, Hyatt and other major chains used to fix and raise room rates nationwide.
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April 01, 2025
Tenn. PBM Statute Conflicts With ERISA, Judge Says
Tennessee law requiring pharmacy benefits managers to accept "any willing pharmacies" into their network clashes with the Employee Retirement Income Security Act, a federal judge ruled, saying the state can't enforce its statute against McKee Foods Corp. or other plans governed by the federal benefits law.
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April 01, 2025
Houston Oil Co. Says Insurers Trying To Cover Up Price-Fixing
A Houston oil company has urged a federal judge to keep alive its antitrust suit against a group of insurers, saying their "ever-shifting explanations" for increased collateral demands are an attempt to cover up a price-fixing scheme.
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April 01, 2025
Broker Must Face Mortgage Co.'s Claims It Worked With Rivals
A mortgage broker cannot escape a lawsuit from United Wholesale Mortgage alleging the broker breached a contract by sourcing loans to United's top competitors despite agreeing not to, a Michigan federal judge said Monday in finding the new terms and the way they were enacted were allowed under state law.
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April 01, 2025
Jack Nicklaus Defeats Suit Over NIL Rights
Golfing legend Jack Nicklaus won a ruling in New York state court dismissing claims by his former company over the use of his name, image and likeness.
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April 01, 2025
Court Won't Toss FTC's Merger Penalty Case Against 7-Eleven
A D.C. federal court refused to toss the Federal Trade Commission's case looking to hit 7-Eleven with a $77.5 million penalty for allegedly violating a merger settlement after rejecting arguments that only the U.S. Department of Justice can seek civil penalties for the commission.
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April 01, 2025
Bitcoin Rival Appeals Grayscale's Win In $2M CUTPA Suit
Cryptocurrency company Osprey Funds LLC is appealing a Connecticut state judge's ruling against it in its unfair trade practice suit accusing digital asset management firm Grayscale Investments LLC of misleading bitcoin investors about the security of their investments after the state court declined to reconsider its decision.
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April 01, 2025
Fight Over AI Training Pushes Copying Question To Forefront
When courts weigh fair use in copyright disputes, how much a defendant takes from a particular work is usually overridden by other factors. But with artificial intelligence requiring immense amounts of training material, a legal tech company is trying to change that as it battles infringement claims by Thomson Reuters over the media company's Westlaw platform.
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April 01, 2025
FDA Cuts Prompt Biotech Players To Rethink Deal Strategies
Funding cuts at the U.S. Department of Health and Human Services are sending ripples of concern through the biotech industry, as attorneys advise companies to consider a wider breadth of strategic alternatives amid fears of regulatory delays.
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April 01, 2025
Baker Botts Names DC Partner As Antitrust Co-Leader
Baker Botts LLP announced on Tuesday the appointment of an executive committee member and former Washington, D.C., partner-in-charge as co-chair of its global antitrust practice.
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April 01, 2025
Major Banks Appeal To Block Class In £2.7B Forex Case
A group of major banks accused the Court of Appeal on Tuesday of circumventing Britain's specialist competition tribunal when it allowed a £2.7 billion ($3.5 billion) foreign exchange claim to go ahead against them as an opt-out class action.
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April 01, 2025
Wilson Sonsini Adds Antitrust Attys From MoFo, K&L Gates
Wilson Sonsini Goodrich & Rosati PC is expanding its antitrust team, bringing in two new partners — a Morrison Foerster LLP trial attorney in San Francisco and a K&L Gates LLP litigator in Chicago.
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March 31, 2025
France Fines Apple €150M For App Tracking Policy
France's competition enforcer fined Apple €150 million ($162.3 million) on Monday for its rollout of a policy designed to give users more control of the data apps can track over concerns that it hindered small publishers and others that rely on data collection to finance their business.
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March 31, 2025
Buyer Class Of Surgical Robots Is Certified In Antitrust Fight
A California federal judge on Monday certified a class of thousands of hospitals alleging Intuitive Surgical monopolized the market for robotic surgical tools by blocking third-party repairs and tying services to robot purchases, finding the case raises common antitrust questions that can be resolved on a classwide basis.
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March 31, 2025
NCAA Says Tennis Prize Money Class Cert. Bid Too Narrow
The NCAA is urging a North Carolina federal judge not to certify a class of college tennis players suing the organization over their inability to accept prize money from outside tournaments, saying the disputed rules do not affect a broad class of student athletes.
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March 31, 2025
Caterpillar Escapes $100M Contract Breach Verdict
A Delaware federal court on Monday vacated $100 million in damages awarded to a defunct equipment importer that accused Caterpillar of interfering with a contract, and also refused to order a new trial for antitrust claims against the manufacturer.
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March 31, 2025
Wireless Cos. Warn Of Economic Losses In Call For Spectrum
The wireless industry is ramping up calls for Capitol Hill to allow more midband licensed spectrum, pointing to a new report showing that failure to clear more airwaves could cost the U.S. more than $1.4 trillion in economic growth over a decade.
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March 31, 2025
Low-Power TV Stations Seek Looser Rules For 5G Broadcast
Low-power TV broadcasters have asked the Federal Communications Commission to let them voluntarily transmit 5G broadcast signals and, in turn, ease requirements to carry programming channels.
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March 31, 2025
DOI Rescinds Gaming Eligibility In $700M Calif. Casino Project
The Department of the Interior has temporarily suspended a gaming eligibility determination for a California tribe's $700 million casino and gaming resort project, saying Secretary Doug Burgum is concerned that the agency didn't consider additional evidence regarding the 160-acre parcel's restored lands exception.
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March 31, 2025
South Dakota Moves To Halt NCAA NIL Settlement Rollout
South Dakota asked a state court on Monday to stop the NCAA from putting in place a $2.78 billion settlement with athletes in their class action over name, image and likeness compensation, one week before a scheduled hearing for final approval in California federal court.
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March 31, 2025
Colo. Firm Says Former Atty Uses Google Ads To Steal Clients
A prominent Colorado personal injury law firm has sued a former employee for trademark infringement, accusing the lawyer of purchasing Google ads so prospective clients searching for the Franklin D. Azar & Associates firm are directed to a phone number and website for his lesser-known law firm instead.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 31, 2025
Developer Sues Construction Co. For £2.4M Cartel Losses
A building developer has sued a construction company for almost £2.4 million ($3.1 million) at the Competition Appeal Tribunal over alleged losses resulting from a demolition and asbestos removal services cartel that spanned five years.
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March 31, 2025
Justices Reject Gas Price-Fixing Claims Over Trump Oil Pact
The U.S. Supreme Court refused Monday to review a bid to revive a proposed class action alleging price-fixing between major oil producers as part of a 2020 deal among Russia, Saudi Arabia and President Donald Trump's administration to cut production.
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March 28, 2025
Judge Blocks Bid To 'Hijack' $44M Ga. Realtor Settlement
A Georgia federal judge on Friday rejected a bid by the plaintiffs who brought a series of landmark fee inflation claims against the National Association of Realtors and major brokerages to intervene in a similar Peach State action, putting their bid to block an alleged lowball settlement on ice.
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March 28, 2025
DOJ Alleges Missing Docs In Agri Stats Price-Fixing Case
The U.S. Department of Justice asked a Minnesota federal judge to force Agri Stats Inc. to produce more information in a case alleging the company's industry reports facilitate price-fixing by chicken, pork and turkey producers, raising concerns over widespread discovery failures and "facially unsupported privilege claims."
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Ruling Pits EU Competition Law Against Arbitral Awards
The Madrid High Court's referral order to the Court of Justice of the European Union in a recent contractual dispute case squarely confronts the question of whether national systems may lawfully immunize arbitrators from meaningful scrutiny when they fail to apply binding EU competition law, says Josep Galvez at 4-5 Gray's Inn.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.