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Competition
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March 03, 2026
FTC Makes 'Significant Progress' In OptumRx, Caremark Talks
Federal Trade Commission staffers got more time Tuesday for settlement talks with OptumRx and Caremark that could end the agency's case accusing the pharmacy benefit managers of inflating insulin prices, with staffers citing considerable progress in the weeks since inking a deal with Express Scripts.
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March 03, 2026
Live Nation Tells Jury It's A 'Fierce' But Legal Competitor
Live Nation does not illegally pressure concert venues or artists to use Ticketmaster and its other services, its counsel told a Manhattan federal jury Tuesday, calling the entertainment giant a "fierce, lawful, legitimate" competitor as a closely watched antitrust trial opened.
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March 03, 2026
Swaths Of Merchants Cut From Swipe Fees Class Action
Visa and Mastercard can exclude swaths of merchants from collective proceedings over the fees they charge, the Competition Appeal Tribunal has ruled, finding that several categories of claimants were too late to sign up to the class.
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March 02, 2026
Wireless Co. Asks For FCC Waiver Of Handset 'Unlocking'
Since the FCC recently let Verizon out of a requirement that made the company open its cellphones to other carriers after 60 days, it's only fair that a smaller carrier similarly bound because of a spectrum-leasing agreement with Verizon be let out as well, that company says.
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March 02, 2026
Epic Must Face Price Conspiracy Claims Over Gallstone Drug
Epic Pharma LLC must face the majority of suits by hospitals, insurers and other drug purchasers alleging it conspired to raise and control the price of gallstone medication ursodiol, a Pennsylvania federal judge ruled Monday.
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March 02, 2026
Top Groups Lobbying The FCC
The Federal Communications Commission heard from the lobbying sphere more than 100 times in February on concerns ranging from the need for wireless spectrum to next-generation 911, media ownership rules, access to Lifeline phone service and more.
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March 02, 2026
Gamers Make 3rd Try For $7.85M PlayStation Antitrust Deal
Gamers leading a putative class action tried again last week for approval of a proposed $7.85 million settlement resolving antitrust claims over Sony's restriction of retail codes for PlayStation games, attempting to address a California federal judge's concerns by effectively removing two of the three named plaintiffs.
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March 02, 2026
Apple Execs Hit With Derivative Suit Over Alleged Monopoly
A Florida police pension fund has hit Apple Inc.'s top brass with a derivative securities suit in California federal court, accusing them of breaching their fiduciary duties by profiting off of the company's anticompetitive conduct while exposing Apple to significant legal risks, which has already led to billions of dollars in fines.
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March 02, 2026
Judge OKs Greystar Deal In DOJ's RealPage Price-Fixing Suit
A North Carolina federal judge Monday gave his final seal of approval to the U.S. Department of Justice's antitrust settlement with landlord Greystar Management Services LLC in the federal government's rent price-fixing case.
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March 02, 2026
NY Pushes Bid To Nix RealPage's Suit Over Rental Pricing Law
The Office of the New York State Attorney General once again has urged a New York federal court to dismiss a free speech suit filed by property management software company RealPage Inc., which is challenging a state law that prohibits landlords from using software that makes recommendations for things such as rents and occupancy levels.
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March 02, 2026
Sen. Booker Calls For Scrutiny Of Paramount's Deal For WBD
Sen. Cory Booker is calling on Congress to use its oversight authority to scrutinize Paramount Skydance's planned acquisition of Warner Bros. Discovery, after Netflix dropped its competing bid for the entertainment giant.
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March 02, 2026
O'Melveny Hires Antitrust Trial Attys In DC, San Francisco
O'Melveny & Myers LLP announced on Monday the hiring of two antitrust and competition partners in its San Francisco and Washington, D.C., offices.
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March 02, 2026
J&J Unit Wins Bid To Revive Talc Libel Suit With New Basis
A New Jersey federal judge has revived a bankrupt Johnson & Johnson talc subsidiary's trade libel claim over a 2020 scientific article linking asbestos in talc to mesothelioma, finding that new evidence and allegations concerning the authenticity of the author's data are enough to survive a motion to dismiss.
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March 02, 2026
Overlap Job Duties Off Limits To Ex-Joe Gibbs Racing Director
Joe Gibbs Racing LLC's former competition director can keep his job at rival NASCAR team Spire Motorsports but can't do any work that overlaps with his old duties, a North Carolina federal judge ruled Monday in partially granting the super team's bid for a temporary restraining order.
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March 02, 2026
ITC To Review Vape Imports' Possible Restriction Violations
The U.S. International Trade Commission will investigate a coalition of Chinese companies and their U.S. distributors on allegations that they skirted restrictions on vapes, acting on a complaint by R.J. Reynolds Tobacco Co., though some claims were dismissed.
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March 02, 2026
Drugmakers Warn Justices Oregon Pricing Law Risks Secrets
Pharmaceutical manufacturers have asked the U.S. Supreme Court to overturn Oregon's drug‑pricing transparency law, arguing it forces companies to publicly justify their pricing decisions and give up valuable trade secrets in violation of the First Amendment and the Constitution's takings clause.
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March 02, 2026
Ill. Judge Reverses, Allows New Complaint In Juul Price Suit
An Illinois federal judge has reversed course and decided to allow Power Buying Dealers USA Inc. to file a fifth complaint in its suit alleging Juul Inc. gave a rival wholesaler a better deal on e-cigarettes, saying the defect that sunk the latest complaint is "easily curable."
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March 02, 2026
Justices Reject Latest Bid To Nix Baseball's Antitrust Shield
The U.S. Supreme Court refused to review baseball's long-standing exemption from federal antitrust law on Monday, in a case accusing a league in Puerto Rico of forcing out a team's owners.
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March 02, 2026
CMA Probes Hilton, IHG, Marriot Over Potential Data-Sharing
The antitrust watchdog said Monday that it has opened a formal investigation into whether three major hotel groups and a data provider illegally shared commercial information that could weaken competition.
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February 27, 2026
Kroger, Albertsons Must Pay AG Legal Fees After Merger Halt
Kroger and Albertsons must pay legal fees to the state attorneys general who challenged the grocery chains' now-scrapped $24.6 billion merger, an Oregon federal judge ruled Friday, denying the companies' argument that the court's temporary injunction in the case wasn't sufficient for the states to win back costs.
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February 27, 2026
PetMed, Elanco, Tractor Supply Settle Flea & Tick Med Claims
PetMed Express, Tractor Supply Co. and Elanco Animal Health are the latest to settle with consumers in a case accusing Elanco of paying pet supply retailers not to stock generic versions of its Advantix topical flea and tick prevention drug, according to several orders filed in Indiana federal court.
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February 27, 2026
Joe Gibbs Racing, Ex-Director Get Weekend To Create TRO
A North Carolina federal judge on Friday gave Joe Gibbs Racing and its former competition director the weekend to try to work out an agreement on whether he can continue working for a rival NASCAR team, saying the parties can return Monday for a ruling if no resolution is reached.
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February 27, 2026
Paramount, Warner Seal Merger Agreement At $110B Value
Paramount Skydance and Warner Bros. Discovery said Friday they have reached a definitive agreement under which Paramount will acquire WBD, in a deal valuing WBD at $81 billion in equity and $110 billion in enterprise value.
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February 27, 2026
Optimum Says Apollo, BlackRock Bullied Kirkland Withdrawal
Optimum Communications is escalating its fight accusing Apollo, Ares, BlackRock and other financial giants of an illegal joint campaign constricting its ability to refinance debt, amending its New York federal court complaint to also accuse the companies of "bullying" Kirkland & Ellis LLP into withdrawing as its transaction counsel.
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February 27, 2026
FCC Staff Gives Go-Ahead To $34B Charter, Cox Tie-Up
The Federal Communications Commission's staff on Friday cleared the $34.5 billion combination of cable giants Cox and Charter, approving the license transfers needed to merge into a broadband, mobile and video distribution behemoth.
Expert Analysis
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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A Change In Big Pharma Response To FTC Delisting Warnings
While the effect of Federal Trade Commission notices to pharmaceutical companies about allegedly improper patent listings in the U.S. Food and Drug Administration's Orange Book had been de minimis through the end of last year, July data shows an increase in delistings, say Ratib Ali and Celia Lu at Competition Dynamics.