Competition

  • March 12, 2025

    Kansas Baseball Player Is Latest To End NCAA Eligibility Fight

    A former junior-college baseball player seeking to play this season dropped his lawsuit challenging the NCAA's "five-year" eligibility rule, before a Kansas federal court had a chance to rule on his preliminary injunction request.

  • March 12, 2025

    Boies Schiller Adds Calif. Litigator Experienced In AI Cases

    Boies Schiller Flexner LLP is boosting its California team, bringing in a Joseph Saveri Law Firm litigator in San Francisco who brings expertise in navigating cases touching on artificial intelligence, the firm announced this week.

  • March 12, 2025

    UK Enforcers Double Down On Apple Mobile Browser Worries

    A new report from British competition enforcers claims that Apple and Google's dominance in mobile operating systems and browsers limits competition and innovation in the United Kingdom, while encouraging regulators to consider imposing pro-competition requirements on the tech giants.

  • March 11, 2025

    Telescope Buyers Get Class Certification In Antitrust Dispute

    A California federal judge on Monday certified a class of telescope buyers in an antitrust lawsuit saying a syndicate of manufacturers were price-fixing and scheming to monopolize the telescope market, accepting an expert opinion's methods for calculating classwide antitrust damages.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • US Soccer Win Shows Value Of Defining 'Relevant Market'

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    Despite U.S. Soccer's successful defense against North American Soccer League's antitrust allegations, sports leagues should continue to be mindful of risks posed by hierarchical structures since the New York federal judge in that suit found a triable issue of fact on the relevant markets issue, say attorneys at Debevoise.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.

  • Opinion

    2 Errors Limit The Potential Influence Of AI Fair Use Case

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    The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • Opinion

    DOJ's HPE-Juniper Challenge Is Not Rooted In Law

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    Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • BlackRock Suit Highlights Antitrust Risks Of ESG

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    In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.

  • What Reuters Ruling Means For AI Fair Use And Copyright

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    A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

  • How The AI Antitrust Landscape Might Evolve Under Trump

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    The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

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