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Competition
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March 11, 2025
Ex-USPTO Head Can't Be Expert In Walmart IP Fight, Co. Says
A startup suing Walmart over trade secrets connected to shelf-freshness technology wants an Arkansas federal court to block the retailer from retaining former U.S. Patent and Trademark Office Director Kathi Vidal as an expert when the $115 million case moves forward to a retrial.
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March 11, 2025
Conn. Judge Puzzled By Agency's 'Flip-Flop' On Rehab Permit
A Connecticut appellate judge said Tuesday that a state agency's recommendation to reject a residential substance use treatment facility in the town of Kent, followed by its "flip-flop" to approve the plan without any changes to the underlying facts, "truly puzzles me."
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March 11, 2025
Fla. Court Urged To Remove Cigna Claims Processor In MDL
Cigna Healthcare on Tuesday urged a Florida federal court to remove a settlement claims processor in a long-running multidistrict litigation case involving alleged underpaid insurance reimbursements to medical providers, telling a judge that the company has misspent more than $25 million in funds meant for members of a class action within the MDL.
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March 11, 2025
Pharmacies To Appeal In Bid To Keep Making Weight Loss Drug
A group of compounding pharmacies said Monday they would appeal to the Fifth Circuit after a Texas federal judge denied an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug.
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March 11, 2025
Panini Trading Card Antitrust Suit Largely Beats Dismissal
A New York federal judge largely refused to dismiss Panini's antitrust suit accusing Fanatics of locking up the sports trading card market by entering decadeslong exclusive agreements with the NFL, NBA and MLB, while also culling large chunks of Fanatics' unfair competition and bad-faith negotiations countersuit.
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March 11, 2025
Hospital Orgs. Say MultiPlan Must Not Duck Price-Fix Claims
Hundreds of American hospitals are "on the brink of collapse" and letting MultiPlan and a host of insurers who have been accused of conspiring to underpay out-of-network providers off the hook will not improve matters, two groups that represent thousands of hospitals have told the court.
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March 11, 2025
Senate Confirms Gail Slater To Lead DOJ Antitrust
The Senate voted 78-19 on Tuesday to confirm Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice.
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March 11, 2025
6th Circ. Won't Revisit FCC's Tanked Net Neutrality Rules
The Sixth Circuit on Tuesday turned down a bid by public interest groups for a full-court rehearing of January's decision to overturn the Federal Communications Commission's net neutrality rules.
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March 11, 2025
DOJ, Wayne-Sanderson Spar Over Data Sharing Deal
The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.
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March 11, 2025
Lego Competitor Asks 2nd Circ. To Allow Figurine Sales
A Lego competitor on Tuesday urged a Second Circuit panel to reverse a Connecticut district judge's order blocking the sale of figurines designed to fit into the toy company's signature interlocking play system, arguing the threadbare directive improperly modified a prior injunction.
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March 11, 2025
FTC Defends Southern Glazer's Pricing Case
The Federal Trade Commission is defending its price discrimination case against alcohol distributor Southern Glazer's, telling a California federal judge Monday that the company's move to dismiss the suit "misapprehends applicable case law, ignores key allegations, and overstates the factual detail required of the pleading standard."
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March 11, 2025
DOJ's RealPage Antitrust Case Gets New Judge
The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.
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March 11, 2025
FERC Can't Defend Its Enforcement Powers, Energy Co. Says
An energy efficiency aggregator insists that the Federal Energy Regulatory Commission doesn't have the authority to pursue a market manipulation case against it, telling a North Carolina federal judge that just because it can contest a penalty in court doesn't mean its constitutional rights haven't been violated.
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March 11, 2025
CMA's Big Tech Enforcement To Focus On UK Impact
An official for the Competition and Markets Authority said the agency will focus enforcement efforts against technology companies on issues that have a local impact in the United Kingdom and is less likely to act on issues already being addressed by other authorities.
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March 11, 2025
Couche-Tard Knocks 7-Eleven Strategy In Push For Takeover
Alimentation Couche-Tard Inc. is doubling down on its commitment to acquire 7-Eleven parent company Seven & i Holdings Co., criticizing the Japanese retail giant's latest strategic plans for a U.S. IPO and its "limited" engagement on Couche-Tard's buyout efforts.
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March 11, 2025
Trump Admin Drops Suit Over COVID Nasal Spray Ads Claims
The U.S. Department of Justice quietly moved Monday to drop a Utah federal court lawsuit filed on behalf of the Federal Trade Commission accusing a sinus nasal spray company of falsely claiming its products could help prevent and treat COVID-19.
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March 11, 2025
Sullivan & Cromwell Hires Ex-FTC Deputy Director In Palo Alto
Sullivan & Cromwell LLP announced Tuesday the hiring of a former deputy director of the Federal Trade Commission's Bureau of Competition as a partner in its Palo Alto, California, office.
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March 11, 2025
Software Co. Says Ex-Employees Stole AI Trade Secrets
A software company that uses artificial intelligence to automate appeals when insurers deny a healthcare provider's payment request has sued two former staffers, alleging they used confidential information gathered through their employment to launch a competing company.
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March 10, 2025
Epic, Apple Duel Over App-Store Injunction Compliance
Epic Games urged a California federal judge to find that Apple violated her order blocking the tech giant from enacting App Store rules that prevent developers from steering users to alternative payment methods while Apple argued in its own filing that it complied as it "reasonably understood" the injunction.
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March 10, 2025
Realtek's Antitrust Claims Against MediaTek Pared Back
A California federal judge on Friday dismissed Realtek Semiconductor's claims that MediaTek and two other companies conspired to restrain trade through a series of sham patent suits, while keeping claims tied to two 2021 federal cases in Texas that he said Realtek plausibly alleged to be baseless.
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March 10, 2025
Alsup Refuses To Vacate Hearing Into OPM Mass Firings
U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.
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March 10, 2025
Ski Resort Buy Deemed Illegal In Precedential NY AG Win
New York's attorney general celebrated a precedent-setting antitrust win Monday, faulting a ski mountain operator for buying a rival just to shut it down.
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March 10, 2025
FTC Wants Pause On Noncompete Appeals, Pending Decision
The Federal Trade Commission is asking two circuit courts to pause their reviews of its ban on noncompete clauses, saying it needs time to reconsider whether it actually wants to defend the rule.
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March 10, 2025
DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.
The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.
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March 10, 2025
DOJ Accuses Live Nation Of 'Delay Tactics' In Antitrust Suit
U.S. Department of Justice officials have urged a New York federal judge to issue an order compelling Live Nation Entertainment Inc. to produce documents held by several executives, accusing the company of using "delay tactics" in the lawsuit alleging anticompetitive behavior since merging with Ticketmaster Entertainment LLC in 2010.
Expert Analysis
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OpenAI's Patent Pledge Is Not All It Seems
A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Expect Surging Oil And Gas Industry Under New Trump Admin
Throughout his recent campaign, President-elect Donald Trump promised increased oil and natural gas production and reduced reliance on renewables — and his administration will likely bring more oil and gas dealmaking, faster federal permitting and attempts to roll back incentives for green energy, say attorneys at Sidley.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Marching In On Orange Book Drugs May Have Limited Effect
Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.
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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.