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Competition
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March 26, 2025
Judge Knocks Amazon For Mislabeled Docs In Antitrust Suits
Amazon.com Inc. must hand over dozens of records previously flagged as confidential to the consumers in a series of class actions alleging antitrust violations, a Washington federal judge has ruled, concluding that the e-commerce giant wrongly marked the documents as "attorney-client communications or attorney-work product."
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March 26, 2025
Baker McKenzie Partner Joins DOJ Antitrust Leadership Team
The new head of antitrust enforcement at the U.S. Department of Justice has landed a Baker McKenzie partner for her leadership team who previously worked in the office during the administration of Barack Obama.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
Walgreens, Kroger Claim Takeda Cut Illegal TWi Generics Deal
Walgreens, Kroger, Albertsons and H-E-B hit Takeda and TWi Pharmaceuticals with an antitrust suit in California federal court Tuesday, accusing the pharmaceutical companies of conspiring to delay the release of the generic version of Takeda's heartburn medication Dexilant, causing the retailers to pay more for the brand-name drug.
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March 26, 2025
AGs Seek 1st OK For $39M Apotex Deal In Price-Fixing Case
A coalition of 50 state attorneys general on Wednesday asked a Connecticut federal judge to accept a $39.1 million deal settling claims that pharmaceutical company Apotex Corp. schemed with others to fix generic-drug prices, with 70% earmarked for a restitution fund and 30% for consumer notices and attorney fees.
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March 26, 2025
False COVID Cure Claims No Longer Feds' 'Current Priority'
The Trump administration has abandoned another case targeting allegedly false claims that an over-the-counter product could treat, or even cure, COVID-19 by dropping its case against a one-man herbal tea operation.
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March 26, 2025
Susman Godfrey, Kelley Drye Attys Named FTC Deputies
Federal Trade Commission Chairman Andrew N. Ferguson further filled out his senior leadership Wednesday with the announcement of deputy directors for the bureaus of Competition and Consumer Protection, filled respectively by a Susman Godfrey LLP associate and a partner at Kelley Drye & Warren LLP.
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March 26, 2025
FERC Pressed To Reject $26.6B Constellation-Calpine Merger
Consumer and environmental groups have urged the Federal Energy Regulatory Commission to block Constellation's $26.6 billion purchase of Calpine, saying a tie-up of two of North America's largest independent power producers would reduce competition in the nation's largest regional electricity market.
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March 26, 2025
Toronto Exchange Says Court In Texas Can't Hear TM Suit
The Toronto Stock Exchange says a Texas federal court lacks jurisdiction over the Texas Stock Exchange's trademark lawsuit, telling the court it only submitted a cease-and-desist letter to stop the nascent stock exchange from using allegedly similar marks.
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March 26, 2025
Fired FTC Commissioner Defends Removal Protections
Recently terminated Federal Trade Commissioner Rebecca Kelly Slaughter told a House subcommittee on Wednesday the removal of the agency's minority commissioners sends a message to the remaining members that they too could be fired on a "whim."
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March 26, 2025
BCBS Settlement Opt-Outs Ordered To Disclose Funding Deals
Four law firms representing hospitals that opted out of the landmark $2.8 billion Blue Cross Blue Shield antitrust settlement must disclose whether their clients were motivated by a "quick payment" from litigation funders, an Alabama federal judge ordered Tuesday.
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March 26, 2025
Sysco Can't Tap Out Of $50M Price-Fix Deal With JBS
Sysco can't back out of a $50 million agreement it made with JBS for the meat producer to exit sprawling litigation accusing it of working to fix the price of poultry, beef and pork, even though Sysco has since signed away its interest in the antitrust claims, a federal court has ruled.
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March 26, 2025
McDermott Antitrust Atty Joins V&E In NY
Vinson & Elkins LLP has hired a McDermott Will & Emery LLP lawyer who specializes in antitrust litigation and investigations as a partner in New York, the firm said Wednesday.
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March 26, 2025
Jury's Still Out: Law360 Looks At Decade Of UK Class Actions
Ten years after the Consumer Rights Act received formal approval in March 2015, lawyers are still grappling with the opt-out class action regime it introduced in the U.K. for the first time for competition claims.
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March 26, 2025
2nd Circ. Finds Pieces Missing From Lego IP Ruling
The Second Circuit instructed a Connecticut federal judge Wednesday to rethink his decision that an injunction blocking the sale of a Lego competitor's figurines also applies to a later design, saying the lower court's failure to explain its decision suggests it "may have simply imported its prior reasoning."
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March 26, 2025
UK Antitrust Arm Probing Food Services Merger
Britain's antitrust watchdog has launched an initial enforcement order into global catering giant Aramark Group's acquisition of Entier, a Scottish rival, over concerns the transaction could result in a "substantial lessening of competition" in the food services sector.
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March 26, 2025
Dollar Tree Selling Family Dollar For $1B To PE Firms
Dollar Tree said Wednesday it has agreed to sell its Family Dollar business for just over $1 billion to two private equity firms, after the Davis Polk-guided discount retailer revealed strategic review plans to sell the cash-strapped unit in June.
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March 26, 2025
Major Banks Lose Challenge To EU Bond Cartel Ruling
A group of banks lost their challenge on Wednesday to a finding by a European Union antitrust watchdog that they took part in a bond price-fixing cartel, a breach of competition law in which UBS, Nomura and UniCredit were fined €371 million ($400 million).
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March 25, 2025
Judge Eyes Late Discovery Dispute In Google Antitrust Case
A D.C. federal judge wondered Tuesday why an Android keyboard app developer waited until "the eleventh hour" to bring him several discovery disputes in its antitrust lawsuit against Google LLC, where it accuses the tech giant of making deals that prevent its product from being the pre-loaded default keyboard on a device.
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March 25, 2025
Tariffs, Economic Concerns Bring Record Q1 Deals Lull
U.S. deal transaction numbers plummeted in the first quarter of 2025 to the lowest levels seen since the financial crisis, driven by volatile trade policies and rising geopolitical tensions, but a March bump provided hope for an upswing, according to a Tuesday report from Mergermarket.
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March 25, 2025
FIFA Cites New 'Nonexistent' Quotes By Attys Accused Of AI
Soccer's international governing body pressed a Puerto Rico federal judge Tuesday to sanction attorneys accusing it and others of trying to block island rivals, arguing that in trying to rebut claims they used artificial intelligence that cited nonexistent cases, the lawyers introduced "new defective citations and nonexistent quotations."
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March 25, 2025
Realtek Loses Sanctions Bid Over Alleged Patent Suit Abuse
Taiwan's Realtek Semiconductor Corp. lost its bid in California federal court to punish a pair of patent-holding companies for "wasting party and judicial resources" in an antitrust lawsuit over a licensing deal and a series of purportedly sham patent suits in Texas.
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March 25, 2025
NCAA Baseball Coaches Ask Court To OK $49M Wage-Fix Deal
A group of Division I volunteer baseball coaches has asked a California federal court to sign off on a proposed settlement under which the NCAA would pay $49.25 million to roughly 1,000 coaches to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.
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March 25, 2025
Industry Backs BlackRock Over States' 'Crippling' Coal Suit
Two leading financial industry groups are throwing their support behind BlackRock Inc. and two other asset managers fighting a state-backed antitrust suit over their coal company investments, with one group arguing that forcing the firms to divest would have "crippling effects" for tens of millions of American investors.
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March 25, 2025
Cruz Sees Spectrum Pipeline Passing In Budget Bill
A new pipeline of commercial spectrum will almost certainly be made available as part the sweeping budget bill that Congress will soon consider, Sen. Ted Cruz, R-Texas, said Tuesday.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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FTC Focus: Avoiding 'Gun Jumping' Violations
The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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What BT Ruling Will Mean For UK Class Actions
The Competition Appeal Tribunal’s recent dismissal of a £1.3 billion mass consumer claim against BT, the first trial decision for a U.K. collective action, reminds claimants and funders of the high bar for establishing an abuse, and provides valuable insight into how pending mass consumer cases may be resolved, say lawyers at Ashurst.