Competition

  • 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.

  • March 07, 2025

    Ohio, PBMs Say High Court Ruling Didn't End Pricing Appeal

    Ohio state enforcers have told the Sixth Circuit an appeal in their case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices was not resolved by a U.S. Supreme Court decision dealing with federal versus state jurisdiction.

  • March 07, 2025

    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.

  • March 07, 2025

    Google Says Special Master Can't Make Ad Tech Trial Calls

    Google is opposing a bid in Texas federal court from state enforcers accusing the company of monopolizing key digital advertising technology to have a special master make decisions about what evidence will be admitted during trial.

  • March 07, 2025

    4th Circ. Set To Consider NASCAR Antitrust Injunction In May

    The Fourth Circuit will hear arguments on May 9 as to whether NASCAR should be extricated from an injunction forcing it to offer charter contracts to two teams — including one co-owned by former NBA star Michael Jordan — that have accused the league of antitrust violations.

  • March 07, 2025

    CPKC Rail Merger Enviro Review Needs Redo, DC Circ. Told

    A group of Illinois towns told the D.C. Circuit on Friday that federal regulators relied on flawed train traffic data to approve Canadian Pacific's $31 billion merger with Kansas City Southern, failing to account for significant public safety and environmental harms to Windy City communities.

  • March 07, 2025

    MGM Scraps Suit After FTC Withdraws Cybersecurity Probe

    MGM Resorts International on Friday dismissed its D.C. federal court lawsuit against the Federal Trade Commission after the agency dropped its investigation into the hospitality giant's data security practices.

  • March 07, 2025

    Tulane Panel Clashes Over Activist Investor Motivations

    There's no debate that activist investor campaigns have increasingly taken aim at CEOs, but attorneys on a Friday panel at the annual Tulane Corporate Law Institute were sometimes at odds on the activists' motivations.

  • March 07, 2025

    Atty Fights $190K Demand After Malicious Litigation Trial Loss

    A lawyer who recently lost her malicious prosecution lawsuit against three Blank Rome attorneys and an aviation parts company is fighting their demand that she pay $190,000 in costs stemming from the litigation, arguing the amount is excessive and otherwise unrecoverable.

  • March 07, 2025

    Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins

    In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.

  • March 07, 2025

    £800M Pollution Class Action Against Water Cos. Rejected

    The U.K.'s competition court on Friday threw out an £800 million ($1 billion) proposed class action against several water companies over their alleged failure to report pollution, concluding that the case was excluded by legislation governing the water businesses. 

  • March 07, 2025

    Former FTC Deputy Director Joins White & Case

    A former senior official in the Federal Trade Commission's competition group, who helped oversee the agency's healthcare-related anticompetitive enforcement, has joined the antitrust team at White & Case LLP, the firm recently announced.

  • March 06, 2025

    Ex-GMU Prof Ends Defamation Suit Against Former Students

    Former George Mason University Law professor Joshua Wright has ended his $108 million defamation lawsuit against two former students who accused him of sexual misconduct, dropping the suit late Thursday just four days before a jury trial in the case was set to begin.

  • March 06, 2025

    Amid Court Setbacks, Trump Wants Foes To Foot Legal Bills

    With judges hitting the brakes on the White House's aggressive agenda, President Donald Trump on Thursday vowed to up the ante with his legal adversaries by seeking legal costs and damages if his administration ultimately prevails after initial setbacks in litigation.

  • March 06, 2025

    Ariz. Firm Urges Justices To Hear Suit Over Ad Search Terms

    A Phoenix personal injury firm is going to the U.S. Supreme Court after losing its trademark lawsuit over Google advertising search terms, warning the justices that a rival's online "bait and switch" advertising tactics have "confused hundreds, if not thousands, of potential clients."

  • March 06, 2025

    State AGs Want Fees In Kroger Wash., Ore. Merger Cases

    A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."

  • March 06, 2025

    9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case

    A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."

  • March 06, 2025

    FTC Challenges PE Firm's Medical Device Coatings Deal

    The Federal Trade Commission moved Thursday to block private equity firm GTCR BC Holdings LLC's planned $627 million acquisition of Surmodics Inc. over concerns about competition for medical device coatings.

  • March 06, 2025

    Dems Tell DOJ Musk May Be Strong-Arming X Advertisers

    Democratic lawmakers led by Sens. Elizabeth Warren, D-Mass., and Cory Booker, D-N.J., have warned the U.S. Department of Justice and the Federal Trade Commission that billionaire Elon Musk might be using his position in the Trump administration to bully companies that advertise on his social media platform, X.

  • March 06, 2025

    Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates more than 50 times in February about their priorities, including opening valuable airwaves for 5G, clearing hurdles to rural broadband, and pushing T-Mobile's $4.4 billion deal to take over UScellular's wireless operations.

  • March 06, 2025

    Music Streaming Lyrics Co. Hits Rival With $1B Antitrust Suit

    LyricFind Inc. slapped Musixmatch SpA with a $1 billion antitrust lawsuit in California federal court, calling the rival a monopolist in the market for providing lyrics to digital services companies like Spotify and saying Musixmatch inked a deal with Warner Chappell Music Inc. that essentially pushes LyricFind and others out of the market.

  • March 06, 2025

    Colorado Judge Tosses AG's Kroger Merger Claim

    A Colorado state judge in Denver has dismissed the state's challenge to the previously proposed merger between Kroger and Albertsons, saying it became moot when the companies dropped their proposed merger following injunctions in Oregon and Washington federal courts.

  • March 06, 2025

    As FDIC Walks Back Biden-Era Policies, Bank Groups Applaud

    The financial services industry has welcomed the Federal Deposit Insurance Corp.'s recent moves withdrawing various rule proposals from the Biden administration, delaying the compliance deadline for another measure and proposing to rescind a policy statement on bank mergers. 

  • March 06, 2025

    Apple Tells DC Circ. Google Search Fixes Change Incentives

    Apple has told the D.C. Circuit that it did not know the U.S. Department of Justice would go as far as it did with its proposed fixes in the Google search antitrust case, and it moved to intervene as soon as it became clear the two companies have opposing interests under the government's proposal.

  • March 06, 2025

    Colo. Jury Finds Prospector Didn't Steal Anschutz Oil Secrets

    A Denver jury found that a prospector didn't misappropriate an Anschutz-owned oil and gas exploration company's trade secrets, reaching a unanimous verdict Thursday evening after a four-day trial in Anschutz's case alleging the prospector secured a $9 million deal based on its stolen data.

Expert Analysis

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Opinion

    Congress Must Consider Accurate Data About Patent Thickets

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    If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • SEC Motion Response Could Reveal New Crypto Approach

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    Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.

  • Steel Cases Test Executive Authority, Judicial Scope

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    Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.

  • Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?

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    New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • How FTC Consumer Protection May Fare Under Reg Freeze

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    Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.

  • Critical Steps For Navigating Intensified OFAC Enforcement

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    The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • Managing Transatlantic Antitrust Investigations And Litigation

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    As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.

  • IP, Licensing, M&A Trends To Watch In Life Sciences This Year

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    2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.

  • When Innovation Overwhelms The Rule Of Law

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    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.

  • FTC Focus: Avoiding 'Gun Jumping' Violations

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    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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