Competition

  • February 27, 2025

    FTC Asks To Delay In-House PBM Insulin Case

    Arguing that pharmacy benefit managers accused of artificially inflating insulin prices have already "unreasonably delayed" discovery, the Federal Trade Commission is asking an in-house judge to push back an evidentiary trial in the case, saying it would allow the administrative court more time to accommodate up to 17 expert witnesses.

  • February 27, 2025

    Liquidia Challenge To UTC's Tyvaso Exclusivity Fails

    United Therapeutics Corp. is entitled to exclusivity over its blockbuster lung disease treatment Tyvaso through May, and the U.S. Food and Drug Administration was right to hold off approving a competitor until then, a D.C. federal judge said Thursday.

  • February 27, 2025

    Alsup Halts 'Illegal' Firings Of Probationary Federal Workers

    U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.

  • February 27, 2025

    Yet Another NCAA Antitrust Domino Looks To Be Teetering

    The NCAA's misadventures in federal antitrust law have prompted sweeping changes to the college sports landscape in recent years, with more potentially on the horizon as the organization wrestles over its eligibility rules for athletes transferring from junior colleges.

  • February 27, 2025

    CVS Freed From Hospital's Suit Over Drug Pricing Program

    A Pennsylvania hospital's antitrust lawsuit claiming CVS forced healthcare providers participating in a federal discount drug program to go through the pharmacy chain's administrator has been tossed, with a federal judge ruling the hospital fell short in its allegations of anticompetitive behavior.

  • February 27, 2025

    DOJ Tells DC Circ. To Keep Apple Out Of Google Case

    The U.S. Department of Justice is urging the D.C. Circuit to keep Apple out of its remedies case against Google, arguing that Apple "sat on its hands" for years despite knowing from the outset of the litigation that its default search agreement with Google was at stake.

  • February 27, 2025

    OpenEvidence Says Rival's Attack Targeted Its AI 'Blueprint'

    Medical artificial intelligence company OpenEvidence accused a Canadian competitor of launching cyberattacks on its system, executing dozens of attempts to trick the platform into handing over some of the technology's most valuable code, according to a Massachusetts federal lawsuit.

  • February 27, 2025

    Court Reporters Group Says Antitrust Suit Must Be Tossed

    A professional association for court reporters asked a New Jersey federal court on Thursday to toss an antitrust case against the group, saying the proposed class action misconstrues its policies and ignores that states set the certification requirements.

  • February 27, 2025

    CFPB Pulls Plug On Rocket Homes Kickback Suit

    The Consumer Financial Protection Bureau has abandoned a lawsuit accusing Rocket Homes of offering kickbacks to brokers and agents who referred homebuyers to Rocket Mortgage, one of several enforcement actions the agency abruptly dismissed on Thursday.

  • February 27, 2025

    Polsinelli Blocked From Repping BCBS Settlement Opt-Outs

    An Alabama federal judge has disqualified Polsinelli PC from representing hospitals that opt out of a landmark $2.8 billion Blue Cross Blue Shield antitrust settlement, even as other firms are licking their lips at the prospect of a multibillion-dollar bonanza of opt-out litigation.

  • February 27, 2025

    Fried Frank Rips RICO Sanctions Bid As Intimidation Tactic

    Fried Frank Harris Shriver & Jacobson LLP and its client Tristar Products Inc. are pushing back on a motion for sanctions for bringing an anti-racketeering lawsuit against Telebrands Corp., arguing the bid is a "clear effort to intimidate" the plaintiffs and to impose additional cost and burden on them.

  • February 27, 2025

    Deputy AG And Antitrust Nominations Head To Full Senate

    The Senate Judiciary Committee sent the nominations of Todd Blanche, for deputy attorney general, and Gail Slater, for assistant attorney general for the Antitrust Division at the U.S. Department of Justice, to the full Senate on Thursday, the latter of whom received bipartisan support.

  • February 27, 2025

    IBM Closes $6.4B HashiCorp Deal After UK Nod

    IBM said Thursday that it had completed its $6.4 billion acquisition of infrastructure automation company HashiCorp, just two days after U.K. regulators disclosed that the deal had their green light.

  • February 27, 2025

    7-Eleven Owner Says $58B Bid Is Off Due To Financing Hitch

    Seven & i Holdings Co. said Thursday that a buyout offer from an executive and one of his companies, said to be worth about $58 billion, has fallen through after the bidding party was unable to secure necessary financing, putting a prior bid from Canada's Alimentation Couche-Tard Inc. back into focus. 

  • February 26, 2025

    Apple Comms Director's Texts Reveal Criticisms Of Judge

    An Apple communications director's text messages came to light Wednesday on the last day of a high-stakes hearing into whether Apple complied with a 2021 antitrust injunction, revealing the director had criticized the judge extensively when the hearing began in May.

  • February 26, 2025

    Merck, Glenmark Trim United Healthcare's Zetia Antitrust Suit

    A Minnesota federal judge has trimmed a United Healthcare unit's antitrust suit claiming that Merck and Glenmark conspired to delay a generic version of the anti-cholesterol drug Zetia, throwing out non-Minnesota state-law claims he called a "bare and conclusory pleading."

  • February 26, 2025

    Card Shuffler Maker Inks $73M Deal To Settle Antitrust Claims

    Scientific Games Corp. has reached a $72.5 million agreement to settle its Illinois federal lawsuit with a would-be rival business that accused the company of monopolizing the automatic card shuffler market, according to a filing with the U.S. Securities and Exchange Commission.

  • February 26, 2025

    Trump Orders Fed Agencies To Plan For Large Layoffs

    The White House is telling federal agencies to submit plans for "large-scale" layoffs by mid-March, accusing them of siphoning funding for "unproductive and unnecessary programs" and "not producing results for the American public."

  • February 26, 2025

    Frontier Airlines Rips Feds' DC Airport Slots Snub

    Frontier Airlines Inc. has told the D.C. Circuit that the U.S. Department of Transportation unlawfully excluded it from competing for new slot exemptions at Ronald Reagan National Airport to operate long-distance flights, while carrier Spirit Airlines wants to have a say in the dispute.

  • February 26, 2025

    Dewberry Ruling May Lead To More Defendants In TM Fights

    Plaintiffs in trademark disputes likely will consider including multiple defendants in their complaints when it's unclear who holds the profits from the alleged infringement, according to intellectual property attorneys, after the U.S. Supreme Court remanded a case because nonparty affiliates of a defendant were ordered to pay an award that reached nearly $47 million.

  • February 26, 2025

    COVID Plausible Cause For Tire Price Hikes, Judge Says

    Consumers, dealerships and other tire purchasers will need more than claims of pretextual explanations for price hikes by Bridgestone, Goodyear, Michelin and other producers after an Ohio federal judge dismissed the "unsupported conclusion" that the pandemic doesn't explain their claims of consolidated price fixing.

  • February 26, 2025

    No DQ For Norton Rose In Texas Competition Row, Court Says

    Norton Rose Fulbright shouldn't be disqualified in a competitive spat between two industrial maintenance companies even though the firm has represented both entities in recent years, a state appeals court has ruled.

  • February 26, 2025

    Top Dem Urges Trump To Leave Independent Agencies Alone

    The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.

  • February 26, 2025

    DOJ Says RealPage Can't Ditch Antitrust Claims

    The U.S. Department of Justice and a group of states are urging a North Carolina federal judge to reject a move by RealPage Inc. and a group of landlords to escape claims that use of the company's software paves the way for collusion on setting rental prices.

  • February 26, 2025

    CVS Ordered To Comply With FTC's PBM Subpoena

    A D.C. federal judge is ordering CVS to turn over new materials in the Federal Trade Commission's investigation into its pharmacy benefit manager Caremark Rx, saying that just because producing updated documents would cost the company more doesn't mean it faces an "undue burden."

Expert Analysis

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • How To Prepare For Expanded HSR Notification Process

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    Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.

  • Next Steps In The $2.8B Blue Cross Payout To Providers

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    Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.

  • What To Expect From State AGs As Federal Control Changes

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    Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Opinion

    Efficiency Dept. Should Consolidate Antitrust Enforcement

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    President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.

  • Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends

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    A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.

  • Trump's 2nd Term May Be A Boost To Banking Industry

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    President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

  • Destination Skiing And The DOJ's Mountain Merger Challenge

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    Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

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