Competition

  • September 29, 2026

    3rd Circ. Affirms Thomson Reuters' Westlaw AI Copyright Win

    The Third Circuit on Tuesday upheld Thomson Reuters' victory against Ross Intelligence Inc. in the first U.S. appellate ruling to address whether artificial intelligence training can be fair use of copyrighted material, upholding a Delaware federal court's decision that the startup infringed Westlaw headnotes by using material derived from them to develop an AI-powered legal search tool.

  • September 29, 2026

    Md. Judge Tosses Vivid Seats 'Drip Pricing' Suit

    A Maryland federal judge has tossed a proposed class action brought by a customer accusing Vivid Seats of "drip pricing" — in which the total cost is revealed only at the end of the buying process — saying that even if added fees included at checkout made the total price more expensive than what was originally displayed, the ticket was still purchased.

  • September 29, 2026

    Co-op Gets Tentative OK For Merger With Plan To Sell Stores

    The antitrust watchdog said Tuesday that it provisionally believes that a proposal by the Co-operative Group to sell 15 convenience stores and two funeral homes would allay its competition concerns over the retailer's completed acquisition of a rival.

  • September 28, 2026

    ChatGPT Users' Antitrust Suit Against Microsoft Gets Trimmed

    Microsoft isn't going to be able to force into arbitration claims that it undermined OpenAI by forcing the artificial intelligence giant into using only its cloud computing, but it did convince the California federal judge overseeing the case to toss the proposed class's federal antitrust claim.

  • September 28, 2026

    6th Circ. Narrows Scope Of Injunction On Ohio Hemp Law

    Ohio officials can enforce much of a state law that reclassified hemp products as marijuana, the Sixth Circuit has ruled, only prohibiting state officials from enforcing on certain companies the parts that put geographical limitations on where cannabis products can be sourced.

  • September 28, 2026

    Paramount, States Urge Court To Approve Merger Deal

    State enforcers and Paramount Skydance responded Monday to several questions raised by a lawmaker over a settlement ending the states' challenge of Paramount's deal for Warner Bros. Discovery Inc., telling a California federal court there's no need for a full-blown review.

  • September 28, 2026

    WordPress Parent Ducks Extortion But Not Antitrust Claims

    A California federal judge issued a mixed ruling last week in the two-way fight between WordPress parent Automattic and web hosting company WPEngine, dismissing digital extortion claims against Automattic while preserving WPEngine's antitrust allegations, and preserving Automattic counterclaims of trademark infringement but dismissing false advertising accusations.

  • September 28, 2026

    Coors Urges Colo. Judge To Stop Suppliers' Contract Exits

    Coors Distributing Co. LLC has fired back amid a recent wave of beer brand owners ending contracts with the beer wholesaler, alleging in Colorado state court that two companies violated the state's arbitration laws by terminating their decades-long distribution agreements with the wholesaler without cause.

  • September 28, 2026

    NASCAR Team Says Docket Error Doesn't Warrant Default

    Joe Gibbs Racing has asked a North Carolina federal judge not to hand its former competition director and his current NASCAR team an entry of default over an inadvertently missed deadline, arguing it has so far participated fully in the litigation.

  • September 28, 2026

    Apple, Amazon Face Trimmed Class Action Over Reseller Pact

    Apple and Amazon must face a trimmed-down class action after the Competition Appeal Tribunal partially certified a resurrected claim on Monday alleging that the companies colluded to exclude resellers of Apple products from Amazon's U.K. marketplace.

  • September 28, 2026

    FTC Touts 'Dismantling' Of Corteva's Pesticide Rebates

    The Federal Trade Commission on Monday touted its new settlement with Corteva Inc. for severely constricting the pesticide company's ability to pay distributors a loyalty rebate in exchange for limiting sales of cheaper generics, the latest in a string of agreements Trump-era antitrust enforcers have struck ending existing claims.

  • September 28, 2026

    Seed Patent Dispute Settles 3 Days Into Trial

    Corteva Agriscience and Inari Agriculture Inc. have settled a seed intellectual property dispute three days into a Delaware federal trial over whether the latter infringed three patents and misappropriated seed samples.

  • September 28, 2026

    Louis Dreyfus Appeals Bid To Arbitrate Cotton Futures Case

    Louis Dreyfus Commodities BV is appealing to the Second Circuit after a New York federal court refused its bid to force cotton futures traders to arbitrate a long-running case over the alleged manipulation of the cotton futures market.

  • September 28, 2026

    Renters Seek Final OK For $360M RealPage Antitrust Deals

    Renter plaintiffs have told a Tennessee federal court to grant final approval for more than $359 million worth of settlements that aim to resolve their antitrust claims against multiple landlords accused of using property management software company RealPage Inc.'s revenue management software for rent price-fixing.

  • September 28, 2026

    SocGen, Vodafone Get EU Approval For German Fiber Co. Buy

    The European Commission said Monday it has cleared banking giant Société Générale and telecoms company Vodafone GmbH's plan to jointly own German fiber network OXG Glasfaser.

  • September 28, 2026

    Binance, Kraken Bid To Decertify Shrunken BSV Class Action

    A group of cryptocurrency exchanges urged the Competition Appeal Tribunal on Monday to toss out a class action by crypto traders, arguing that the greatly reduced value of the once £10 billion ($13.3 billion) claim means that litigation costs outweigh benefits to the class.

  • September 25, 2026

    Corteva Will Pay $35M To Resolve FTC Pesticide Rebate Case

    Corteva Inc. has agreed to pay $35 million to put to rest allegations from the Federal Trade Commission and a slew of states that the pesticide-maker blocked competition from generic rivals through the use of loyalty rebates, according to a motion filed in North Carolina federal court Friday.

  • September 25, 2026

    Aramark Faces Wash. Class Claims Over Noncompete Terms

    Aramark has been hit with a proposed class action in Washington state court accusing the food service giant of failing to provide advanced notice to Evergreen State workers of its noncompete terms and restricting them from taking second jobs, in violation of state law.

  • September 25, 2026

    Clothing Cos. Infringed Beer Brands' Trademarks, Suit Says

    Two Colorado clothing companies infringed the trademarks of several popular beer brands by using counterfeit marks on the clothing items and submitting fraudulent documents with forged signatures to online sales platforms in support of the items' sales, according to a lawsuit in Colorado federal court.

  • September 25, 2026

    Alkermes Must Face Bulk Of Addiction Treatment Drug Suit

    A Massachusetts federal judge largely refused Thursday to let Alkermes duck a proposed class action alleging it tricked the U.S. Patent and Trademark Office into granting a patent for the addiction treatment therapy Vivitrol, crediting allegations a missing study was intentionally omitted from the patent application to win approval.

  • September 25, 2026

    'Experience Drain' Leaves FTC, DOJ Staffers More Hesitant

    Months before he left the U.S. Department of Justice's Antitrust Division, the agency's chief said that prospective job seekers no longer needed the substantial profile previously required to work for the agency, a change he cast as a positive for young attorneys.

  • September 25, 2026

    Acquittal Bid In Okla. Bid-Rigging Conviction Denied

    An Oklahoma federal court has rejected an acquittal bid from a man convicted of participating in an erosion control company's bid-rigging conspiracy that allegedly affected over $100 million in publicly funded transportation construction contracts.

  • September 25, 2026

    Detractors Tell Court Paramount Deal Fails To Fix Concerns

    Civil rights and public interest groups have told a California federal court the settlement ending a challenge of Paramount Skydance's purchase of Warner Bros. Discovery fails to address the concerns state enforcers raised in the first place.

  • September 25, 2026

    Investor Says Colo. Real Estate Firm Hid PE Priority Deal

    An investor claimed in state court that a Colorado industrial real estate company secretly gave an outside private equity firm a priority stake in exchange for a $26.5 million investment after enticing existing limited partners not to cash out.

  • September 25, 2026

    Judge Suggests No Injunction In Whirlpool Patent Suit

    A Texas federal magistrate judge has recommended not to grant an injunction to kitchen appliance company Whirlpool Corp. against Samsung in a case alleging the latter infringed patents covering dishwasher racks, finding there were "substantial questions" over whether the accused products were actually infringing and whether two of the patents were valid.

Expert Analysis

  • 7 Mistakes To Avoid When Using Trial Graphics

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    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

  • Rebuttal

    FTC Case Reinforces Established Price Discrimination Rules

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    Far from redefining price discrimination, as contended by a recent Law360 guest article, the Federal Trade Commission's suit against Southern Glazer's falls squarely within the historical interpretation of the Robinson-Patman Act, says retired attorney Irving Scher.

  • Opinion

    Apple Discovery Fight Could Revive DOJ's Antitrust Appetite

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    Winning discovery disputes in the ongoing federal antitrust litigation over Apple’s app store practices is a huge opportunity for the Justice Department to return to its once-vigorous pursuit of product tying by tech monopolies, catch up with foreign competition regulators and establish clear standards for digital markets, says Ediberto Roman at Florida International University.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • The Federal Circuit's Evolving View Of Trade Secrets

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    In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

  • Calculating Damages In IEEPA Tariff Refund Litigation

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    To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

  • 'Made In America' Rules Raise Stakes For Gov't Contractors

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    The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

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    The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

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    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • FTC Focus: Growing Emphasis On Competition In AI

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    The Federal Trade Commission's leadership has continued to highlight that competitive risks in artificial intelligence markets may arise at multiple levels simultaneously, considering not only who controls the resources necessary to build AI systems, but also how those systems function and yield outputs, say attorneys at Proskauer.

  • Opinion

    FTC Case Risks Redefining Price Discrimination

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    Federal Trade Commission v. Southern Glazer puts a spotlight on the blurry line between illegal price discrimination and ordinary competition, and could potentially set a precedent that puts nearly any manufacturer at risk of Robinson-Patman Act enforcement, says Jeremy Sandford at Econic Partners.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

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