Competition

  • March 17, 2025

    Chevron Buys 5% Of Hess With 'Confidence' In Merger Close

    Chevron Corp. disclosed Monday that it has purchased 4.99% of Hess Corp.'s outstanding common stock, a move that signals the oil giant's "continuing confidence" in completing its pending $53 billion acquisition of Hess despite ongoing arbitration challenges.

  • March 17, 2025

    Wright Looked To 'Bankrupt' Accusers With Suit, Filing Claims

    Former Federal Trade Commission member and ex-law professor Joshua Wright sought to "bankrupt" two women who publicly accused him of sexual misconduct and "make their lives hell" by filing a since-dropped $108 million defamation lawsuit against them, according to a filing Friday by one defendant seeking sanctions against Wright.

  • March 17, 2025

    Jordan's Race Team Defends NASCAR Injunction To 4th Circ.

    A pair of stock car race teams including one owned by Michael Jordan urged the Fourth Circuit not to vacate a lower court's injunction allowing them to keep competing in NASCAR races while they pursue antitrust claims against the league, arguing NASCAR's "overblown rhetoric" against the order falls flat.

  • March 17, 2025

    Google Fights To Trim Antitrust Trial Over Shopping Service

    A shopping comparison website urged Britain's specialist competition tribunal on Monday to reject Google's bid to trim the scope of an upcoming antitrust trial over alleged unfair search results.

  • March 14, 2025

    Antitrust Questions Earn Belt Line Deal A Deep Dive

    The Surface Transportation Board isn't going to let Norfolk Southern get away with calling its attempt to procure the remainder of a rail line a minor transaction, since it's been locked in antitrust litigation over the control of that line for years, according to an order Friday that deemed the transaction "significant."

  • March 14, 2025

    Ford Bronco TM Suit Looks Under Hood Of Vintage Market

    Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.

  • March 14, 2025

    Ex-Mich. Players Defend $50M NIL Suit Against NCAA, Big Ten

    Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called "premature" dismissal bids from the NCAA and Big Ten Network.

  • March 14, 2025

    Calif. Insurance Chief OKs State Farm Rates Pending Hearing

    The California Department of Insurance on Friday provisionally approved State Farm's request for an emergency rate hike following the Los Angeles fires, including a nearly 22% increase for homeowners, saying final approval will be contingent on the insurer justifying its request at a hearing.

  • March 14, 2025

    Legalese Aside, Live Nation Judge Keeps Damages Claims

    A New York federal judge refused Friday to pare back a lawsuit filed by the government and 40 states accusing Live Nation of quashing competition and hiking ticketing prices, preserving claims that artists have been forced to use Live Nation promotion services and deeming state attorneys general to have standing to seek damages.

  • March 14, 2025

    Fed. Circ. Affirms No Block On Amgen's Eye Med Biosimilar

    The Federal Circuit on Friday agreed with a lower court decision declining to temporarily block Amgen's biosimilar of Regeneron's blockbuster eye medication Eylea, affirming that court's application of claim construction precedent in the patent infringement suit.

  • March 14, 2025

    Apple Tells DC Circ. It's Still Singled Out In Final Google Fixes

    Apple told the D.C. Circuit that it still needs to intervene in the U.S. Department of Justice's search monopolization case against Google because the government's final remedy proposal still treats the iPhone-maker differently than other companies.

  • March 14, 2025

    Calif. Tribe Looks To Defend Casino Land Trust Decision

    A California tribe at the crux of an Interior Department decision to take 221 acres of trust land for the construction of its casino development wants to intervene in a challenge to the order, saying it and the federal agency have different goals in dismissing the dispute.

  • March 14, 2025

    FTC Urges 8th Circ. Not To Pause Insulin Pricing Case

    The Federal Trade Commission has urged the Eighth Circuit not to pause its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, telling the appeals court the pharmacy benefit managers have no chance of winning on their constitutional claims.

  • March 14, 2025

    FTC Probing $13B Marketing Mega-Deal

    Marketing communications giants Omnicom and Interpublic disclosed an in-depth Federal Trade Commission probe into their $13 billion merger, pumping the brakes on their ability to close the deal soon, but they said the expectation is nevertheless to finish by the second half of this year.

  • March 14, 2025

    Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build

    In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.

  • March 13, 2025

    Ohio Health Insurer Wins $24M Verdict ln Racketeering Case

    An Ohio jury has awarded Medical Mutual of Ohio more than $24 million in damages, after the insurer accused its rivals FrontPath Health Coalition and HealthScope Benefits of undercutting the bidding process for healthcare contracts with the city of Toledo.

  • March 13, 2025

    Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.

    A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.

  • March 13, 2025

    Golden Globe Nominee Settles Conn. Feud With Talent Agent

    Golden Globe nominee Cynthia Gibb and her Connecticut acting school have settled a lawsuit against a talent agent, the agent's acting instructor husband and a school they founded by allegedly interfering with a lease and swiping photos and student lists from Gibb's own academy.

  • March 13, 2025

    Calif. AG Appealing State Limits On Pay-For-Delay Ban

    California enforcers are appealing to the Ninth Circuit after a lower court found that a new state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the state.

  • March 13, 2025

    2nd Circ. Won't Revive Saks, Luxury Brands No-Poach Case

    A Second Circuit panel refused Thursday to revive an antitrust suit from former Saks Fifth Avenue employees over the retailer's alleged agreements with Gucci, Louis Vuitton and other luxury fashion houses to not hire workers from its stores.

  • March 13, 2025

    PBMs Tell FTC 5-Month Delay Too Long For In-House Insulin Trial

    The nation's "Big Three" pharmacy benefit managers say they want to get to trial in the Federal Trade Commission's administrative suit against them sooner rather than later, arguing that the agency's request for a five-month delay would be too long, but they're open to a three-week postponement.

  • March 13, 2025

    Who Is FCC Nominee Olivia Trusty? Here's What We Know

    Republicans on the five-seat Federal Communications Commission need a critical third vote to push through many of the changes they envision for the nation's telecom policies, and the White House has chosen longtime Capitol Hill aide Olivia Trusty for the role.

  • March 13, 2025

    RealPage Pushes Bid To Duck Antitrust Case In NC

    RealPage and a group of landlords backed up a motion to shut down claims that the company's software helps fix rental prices brought by the U.S. Department of Justice and a group of states in North Carolina federal court.

  • March 13, 2025

    Judge Orders Reinstatement Of Many Fired Federal Workers

    A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."

  • March 13, 2025

    UK Clears Keysight's £1.2B Offer For Telecoms Biz Spirent

    Britain's antitrust authority said Thursday it has allowed U.S. technology company Keysight Technologies Inc. to proceed with its planned £1.16 billion ($1.5 billion) acquisition of Spirent Communications PLC, a U.K. telecoms testing specialist.

Expert Analysis

  • 3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap

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    While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

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    The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

  • New HSR Rules Augur A Deeper Antitrust Review By Agencies

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    After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • 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.

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