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Featured
New Bellwethers Score Cert. In Generic Drug Price-Fixing MDL
The Pennsylvania federal court overseeing sprawling multidistrict litigation springing from claims that pharmaceutical giants worked together to hike the cost of off-brand drugs has certified several sets of classes for the cases for the MDL's latest bellwethers.
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March 18, 2025
Asphalt Co. Exec Avoids Prison, Fined $100K For Bid Rigging
The president of an asphalt paving company who pled guilty to participating in a scheme with other asphalt companies to rig bids for projects in Michigan for roughly eight years avoided prison time and was ordered Tuesday to pay a $100,000 fine.
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March 18, 2025
Nasdaq Plans New Regional HQ In Texas Amid Competition
Nasdaq said Tuesday it plans to build a regional headquarters in Dallas, marking the latest move among major stock exchanges to expand operations in Texas amid fierce competition for visibility in the Lone Star State.
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March 18, 2025
Tennis Governing Bodies Are A 'Cartel,' Players Claim In Suit
Twelve current and former tennis professionals filed a proposed antitrust class action in New York federal court on Tuesday, accusing the sport's governing bodies of operating as a "cartel" that manipulates pay and rankings, forces unsafe playing conditions, and exposes players to unfair investigations and discipline.
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March 18, 2025
BREAKING: Trump Fires FTC's Democrats
President Donald Trump fired the Federal Trade Commission's two Democrats on Tuesday, a move the commissioners vowed to fight and that further tees up the brewing legal battle over separation between the White House and independent agencies.
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March 18, 2025
MilliporeSigma Says Rival Raided Talent Despite Noncompete
Life sciences company MilliporeSigma is accusing direct competitor Solvias USA of raiding its roster to hire away several top sales executives, all of whom were still subject to noncompete agreements, according to a lawsuit filed Tuesday in Massachusetts state court.
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March 18, 2025
Amazon Denied Quick Appeal For E-Book Antitrust Claims
A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.
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March 18, 2025
BlackRock Calls Red States' Suit Over Coal Prices 'Farfetched'
BlackRock Inc. and two other large asset managers have urged a Texas federal judge to toss claims brought by a coalition of Republican-led states alleging the firms ran a scheme to drive up coal prices as part of an "investment cartel," saying the case "spins a farfetched theory."
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March 18, 2025
States Oppose Term In Sandoz Price Fixing Deal With Fla.
State enforcers still locked in price-fixing litigation against generic-drugmaker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
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March 18, 2025
Indirect Effexor Buyers Seek Approval Of $2.3M Antitrust Deal
A proposed class of indirect drug purchasers have asked a New Jersey federal judge for his initial sign-off on a $2.25 million deal with Teva Pharmaceuticals to resolve antitrust claims against the company over antidepressant and anxiety disorder treatment Effexor XR.
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March 18, 2025
M&A Disputes Expected To Jump Once Again In 2025
Dealmakers around the world expected more mergers and acquisitions disputes in 2025 for the second year in a row, as financial risk management strategies that helped deals close in 2024 were viewed as potential fuel for disputes this year, according to Berkeley Research Group's sixth annual M&A Disputes Report released Tuesday.
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March 18, 2025
Software Co. Gets CMA's Nod To Buy UK Tech Biz For £207M
The U.K.'s antitrust regulator said Tuesday that it has given the green light to the £207 million ($268 million) acquisition by real estate software maker MRI Software LLC of technology business Capita One Ltd.
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March 17, 2025
PVC Pipe Co. Faces Investor COVID-Era Antitrust Claims
PVC pipe maker Atkore Inc. and three current and former executives face a proposed investor class action over the company's alleged involvement in a conspiracy to fix prices for PVC pipes amid the COVID-19 pandemic.
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March 17, 2025
NCAA, States Ask Judge To OK Deal On NIL Recruiting Rules
A coalition of states and the NCAA asked a Tennessee federal judge to sign off Monday on a settlement that seeks to resolve antitrust litigation over the NCAA's ban on athlete recruits' name, image and likeness compensation, revealing new details of the deal, including a permanent bar on future policies.
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March 17, 2025
Gogo Says Rival Pivoted From Competing To Suing
In-flight entertainment company Gogo Business Aviation wants out of a $1 billion lawsuit accusing it of wielding its monopoly over air-to-ground broadband tech to keep competitors at bay, telling the court that SmartSky is just trying to convert their intellectual property dispute into an antitrust one.
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March 17, 2025
New Bills Target 'Patent Thickets' And 'Product Hopping'
A bipartisan group of senators is backing two bills it says will use the patent system to lower the price of prescription drugs, in part by targeting "patent thickets" and making "product hopping" a violation of antitrust laws.
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March 17, 2025
PBMs Hit With Antitrust Suit Over GoodRx Generics Program
A Denver pharmacy has filed a proposed class action against GoodRx, CVS and other major pharmacy benefit managers in Colorado federal court, alleging they engaged in an illegal price-fixing scheme that artificially suppressed the prices paid to independent pharmacies for reimbursement of generic drug claims.
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March 17, 2025
Jazz Inks Insurer Class Deal As Xyrem Antitrust Trial Nears
Jazz Pharmaceuticals and a certified insurer class told a California federal judge Monday that they have reached a settlement-in-principle in antitrust litigation accusing Jazz of working with pharma rival Hikma to block generic competitors to Jazz's narcolepsy drug, while two opt-out insurer plaintiffs and defendant Hikma have not reached any deals ahead of a May trial.
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March 17, 2025
Court Won't Toss Biotech Co.'s Antitrust Counterclaim
A California federal court refused to toss claims from biotech company Zymo Research Corp. accusing rival Qiagen GmbH of filing a "sham" patent infringement suit against it to discredit a potential competitor in the DNA extraction market.
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March 17, 2025
Burger King Workers Defend Revived No-Poach Case
Burger King employees are defending their proposed class action over the fast-food chain's past use of no-poach provisions in its franchise agreements, as the restaurant urges a Florida federal court to toss the claims despite an appeals court reviving them in 2022.
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March 17, 2025
Energy Co. Urges FERC To End $1B Enforcement Case
An energy efficiency aggregator on Monday urged the Federal Energy Regulatory Commission to drop its pursuit of nearly $1 billion in penalties for disputed market manipulation and tariff violations, an enforcement case the company has already asked a federal judge to declare unconstitutional.
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March 17, 2025
Split 9th Circ. Won't Halt Federal Workers Reinstatement Order
A divided Ninth Circuit panel on Monday denied President Donald Trump's administration an immediate administrative stay of a California district court order requiring reinstatement of some probationary federal workers fired from six agencies, the majority saying a pause "would disrupt the status quo and turn it on its head."
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March 17, 2025
Drake 'Lost A Rap Battle That He Provoked,' UMG Tells Court
Universal Music Group urged a New York federal judge Monday to throw out Aubrey Drake Graham's lawsuit over the hit Kendrick Lamar diss track "Not Like Us," saying Drake cannot claim defamation for hyperbolic insults that came out of a rap battle "in which he willingly participated."
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March 17, 2025
Wash. AG Seeks $32M In Legal Fees In Kroger Merger Case
Washington's attorney general said the state is entitled to recover $32.4 million in legal fees for prevailing in its lawsuit opposing Kroger's $24.6 billion bid to buy Albertsons, including nearly $10 million for Munger Tolles & Olson LLP's assistance in the state court case.
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March 17, 2025
Rippling Accuses HR Rival Of 'Brazen' Corporate Espionage
Human resources service provider Rippling hit rival Deel Inc. with a trade secret theft lawsuit in California federal court Monday, accusing Deel of placing a spy in Rippling's Dublin office in a "brazen," calculated and illegal corporate espionage scheme to steal its confidential intellectual property.
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March 17, 2025
House Panel Probes Medical Residency Antitrust Exemption
The chair of the House Judiciary Committee's antitrust panel is looking into whether to do away with an antitrust exemption Congress granted over 20 years ago to the medical residency matching system, which the congressman said could be harming new doctors and even patients.
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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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Preparing For Disruptions To Life Sciences Supply Chains
Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
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A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal
The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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5 Merger Deal Considerations In Light Of The New HSR Rules
Now that the new Hart-Scott-Rodino Act rules are in effect, current priorities include earlier preparation for merging parties, certain confidentiality covenants, and key elements of letters of intent and term sheets, say attorneys at Fried Frank.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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What FERC Scrutiny Of Directors, Assets Means For Investors
The Federal Energy Regulatory Commission has recently paid dramatically increased attention to appointments of power company directors by investors, and ownership of vertical assets that provide inputs for electric power production and sale — so investors in FERC-regulated entities should be paying more attention to these matters as well, say attorneys at Day Pitney.
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Opinion
Antitrust Analysis In Iowa Pathologist Case Misses The Mark
An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.