Competition

  • 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."

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • March 10, 2025

    Money Manager Can't Block Alleged Client Poach, Judge Says

    Connecticut investment firm TJT Capital Group LLC has not demonstrated that it will suffer irreparable harm without a temporary restraining order that bars a former member from using client information he allegedly misappropriated, a federal judge has ruled in denying the request.

  • March 10, 2025

    11th Circ. Affirms FCC Ownership Ruling, But Scraps Penalty

    The Eleventh Circuit upheld a Federal Communications Commission finding that Gray Television broke ownership consolidation rules when it bought a CBS affiliate in Anchorage, Alaska, but vacated a $518,283 penalty against the broadcast company, saying the agency failed to serve Gray proper notice on an "egregiousness" finding.

  • March 10, 2025

    Hagens Berman Comms With Ghosting Client Kept Privileged

    Hagens Berman Sobol Shapiro LLP doesn't have to turn over texts and emails with a client who disappeared from a putative class action against Apple and Amazon, a Washington federal judge has ruled, despite the tech giants' accusations that the firm lied about those communications.

  • March 10, 2025

    Early Signs Point To 'Vigorous' Trump Antitrust Regime

    Early signals from the Trump administration suggest a continued "vigorous" approach to merger enforcement, despite expectations of a more business-friendly environment, panelists said Friday at the annual Tulane Corporate Law Institute.

  • March 10, 2025

    Fed. Circ. Won't Pause Teva Patent Delisting For Appeal

    The Federal Circuit denied on Friday Israeli drugmaker Teva Pharmaceuticals' bid to keep an injunction ordering it to remove its inhaler patents from the U.S. Food and Drug Administration's Orange Book on hold pending its appeal of the matter to the U.S. Supreme Court.

  • March 07, 2025

    FDA Can Take Eli Lilly Weight Loss Drug Off Shortage List

    A Texas federal judge has refused to issue an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, ruling that the U.S. Food and Drug Administration was within its authority when it removed the medication from the drug shortage list.

  • March 07, 2025

    Trump DOJ Agrees: Google Must Sell Chrome Browser

    The Department of Justice on Friday reiterated to a D.C. federal judge that Google should have to divest the Chrome browser to give rival search engines a fighting chance against its illegal monopoly, but backed off its previous request that Google sell its investments in artificial intelligence companies.

  • March 07, 2025

    ByteDance Wants Sanctions For Attys After Client's Perjury

    TikTok's parent company ByteDance has urged a California court to sanction Nassiri & Jung LLP attorneys it says "enabled" a former engineer's perjury in a suit alleging he was wrongly fired, arguing that the lawyers should've prevented their client's "abuse of the justice system."

  • March 07, 2025

    Feds Say California Tribes' Casino Challenge Comes Too Late

    The U.S. Department of the Interior and other agencies have asked a D.C. federal judge to deny two tribes' challenge to another tribe's plan to build a casino-hotel complex on 221 acres of trust land, saying their request for a stay is improper and untimely.

  • March 07, 2025

    FTC: Outlining World Sans Amazon Price-Floor 'Not Possible'

    The Federal Trade Commission told a Washington federal judge Friday that it can only offer pieces, and not the entire outline, of what an alternative world might look like without Amazon.com's allegedly monopolistic pricing floor created by penalties for sellers offering their goods more cheaply through other retailers.

Expert Analysis

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Opinion

    3 New Year's Resolutions For Antitrust Agencies To Consider

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    James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.

  • FTC Focus: A Changing Of The Guard

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    While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • 5 Antitrust Issues For In-House Counsel In 2025

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    Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025

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    U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

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    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

  • Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing

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    The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.

  • Using Contracts As Evidence Of Trade Secret Protection

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    Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.

  • 2025's Midmarket M&A Terrain May Hold A Few Bright Spots

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    Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.

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