Competition

  • September 23, 2026

    Blue Shield Still Facing Therapy 'Ghost Network' Suit

    A California federal judge ruled Wednesday that Blue Shield of California must face the majority of claims brought in subscribers' proposed class action alleging the insurer maintained a "ghost network" of mental-health providers that didn't exist or accept new patients, saying the suit adequately claims contract terms were not met.

  • September 23, 2026

    DOJ Partially Backs Apple In Epic High Court Contempt Case

    The U.S. Department of Justice told the U.S. Supreme Court in an amicus brief that the Ninth Circuit wrongly faulted Apple for charging a 27% commission on transactions linked out from apps, but it backed other parts of the California federal court's contempt order won by Epic Games.

  • September 23, 2026

    Curium Resets FTC Clock On $8B Lantheus Take-Private Deal

    Private equity-backed radiopharmaceutical company Curium reset the clock for the Federal Trade Commission's 30-day review of its plan to acquire fellow radiopharmaceutical company Lantheus Holdings Inc. in an $8 billion take-private deal.

  • September 23, 2026

    Attorneys Say Unpaid Sanction No Basis To End Antitrust Suit

    Attorneys representing a shuttered soccer league say an unpaid $24,000 sanction that a Puerto Rico federal judge imposed on them for error-riddled court filings is no reason to dismiss the league's antitrust suit against FIFA and two affiliates.

  • September 23, 2026

    FTC Backs Proposed Education Dept. Accreditation Reforms

    The Federal Trade Commission has endorsed the U.S. Department of Education's proposal to expand higher education accreditation options and promote competition among accreditation agencies.

  • September 23, 2026

    OpenAI Looks To End SpaceXAI's Apple Deal Antitrust Case

    OpenAI is urging a Texas federal court to end an antitrust case from Elon Musk's SpaceXAI over a deal integrating ChatGPT into Apple devices, saying the pact is not exclusive and does not block competition from rival chatbots.

  • September 23, 2026

    KCSR Appeals STB's BNSF Terminal Trackage Rights Ruling

    Canadian Pacific Kansas City subsidiary Kansas City Southern Railway is asking the D.C. Circuit to overturn a Surface Transportation Board ruling that set the price BNSF Railway will pay to use a nine-mile conduit for petroleum and chemical shipping in Louisiana, in an appeal filed this week.

  • September 23, 2026

    NY Judge Dismisses States' DOGE Treasury Data Access Suit

    A New York federal judge Wednesday tossed several states' lawsuit that challenged Department of Government Efficiency staff access to U.S. Department of the Treasury data, saying DOGE's dissolution rendered the states' access claims moot and that they failed to allege that any federal funding due to them was ultimately canceled.

  • September 23, 2026

    Medicare Brokers Say Feds Won't Identify Alleged False Claims

    A group of insurance companies and brokers accused in a False Claims Act case of colluding to steer Medicare recipients to certain Medicare Advantage plans said Tuesday that the federal government has refused to provide specifics of the allegations.

  • September 23, 2026

    Zillow Starts Renewed Bid To Exit Home Loan Kickbacks Suit

    Zillow Group Inc. and its subsidiaries have filed a new dismissal bid in Washington federal court against a consolidated third amended class action complaint that accuses Zillow of running an illegal kickbacks scheme that provides affiliated brokers with business leads if they push homebuyers to use the company's allegedly overpriced Zillow Home Loans program.

  • September 23, 2026

    Judge Tosses Conn. Cannabis Licensure Suit Over Standing

    A Connecticut federal judge Tuesday tossed a suit alleging that the state's program to award social equity marijuana licenses is discriminatory, saying the would-be cannabis grower who brought the action did not show that he had standing to challenge the policy.

  • September 23, 2026

    Hedge Fund OK To Sue Metal Exchange's Owner Over Crisis

    Funds run by Elliott Investment Management LP can start a legal claim against the London Metal Exchange's Hong Kong owner over the trading venue's handling of the 2022 nickel crisis, the Competition Appeal Tribunal has ruled.

  • September 22, 2026

    Pot Shop Seeks Summary Judgment In Jushi Antitrust Suit

    There is simply no way cannabis giant Jushi Holdings Inc. can justify tempting the sellers of a dispensary with a $10 million bonus provided they keep a rival out of town, a would-be Massachusetts operator argued, telling a federal court that the provision is "naked" anticompetitive behavior.

  • September 22, 2026

    Big Tech Backs Samsung At Fed. Circ. Over Patent Injunctions

    Top technology companies and various industry groups have urged the Federal Circuit to deny Collision Communications an injunction after the patent owner's $445.5 million infringement verdict against Samsung, saying an injunction would undermine U.S. Supreme Court precedent.

  • September 22, 2026

    FTC's Ferguson: Don't Fight New Fed. Courts Merger Policy

    Federal Trade Commission Chairman Andrew Ferguson on Tuesday warned companies that fighting the FTC's shift to challenging mergers exclusively in federal court risks making "your life more difficult."

  • September 22, 2026

    Ex-Nuclear Power Workers Ask To Amend Wage-Fixing Suit

    Former nuclear plant workers are asking a Maryland federal court to let them refile a proposed class action, saying they have new, direct evidence that companies worked together to fix wages in the nuclear energy industry.

  • September 22, 2026

    Morrison Foerster Adds Former DOJ Official To Roster

    Morrison Foerster LLP is getting a new investigation and white collar defense partner fresh from the U.S. Department of Justice, where the attorney has spent more than a decade honing his legal chops, the firm has announced.

  • September 22, 2026

    Christmas Tree Co. Must Face Claims Over Deal with Amazon

    The Eleventh Circuit has revived an antitrust claim alleging National Christmas Products entered into agreements with Amazon in 2020 that inflated the prices of artificial Christmas trees.

  • September 22, 2026

    Flyers Tell 9th Circ. Alaska-Hawaiian Merger Eroding Service

    Airline customers have told the Ninth Circuit that Alaska Airlines' 2024 acquisition of Hawaiian Airlines eroded consumer choice on numerous routes, and that a district court improperly dismissed their antitrust lawsuit with premature and flawed findings that cannot be allowed to stand.

  • September 22, 2026

    Alphabet's Bid To Pare Ad Tech Suit Stalls Over Discovery

    A California federal judge rejected Alphabet's bid for partial summary judgment, saying the Google parent must first comply with a class of investors' discovery requests prompted by the company's motion in litigation claiming CEO Sundar Pichai made a false statement to Congress about whether the company's ad auctions favor Facebook.

  • September 22, 2026

    Ga. Justices Mull Reviving Injury Firm Client Solicitation Suit

    Georgia's justices pressed a personal injury law firm Tuesday on whether an attorney's racketeering case accusing it of using confidential crash reports to land clients was rightly dismissed, hinting that the lower courts might have held the claims to too high a bar.

  • September 22, 2026

    No Play For NCAA Athletes Challenging Eligibility Rule

    A Philadelphia judge has denied a request by 15 college athletes who graduated from high school in 2022 for an order allowing them to participate in college sports while they challenge their exclusion from a new NCAA rule granting five years of eligibility for competition.

  • September 22, 2026

    Juul Buyers Defend Antitrust Classes At 9th Circ.

    Juul buyers are defending the certification of several classes in a case over tobacco giant Altria's past investment in the e-cigarette company, telling the Ninth Circuit it does not matter if they purchased different quantities on different terms or live in different states.

  • September 22, 2026

    Wi-Fi Calling Antitrust Suit Sent To Arbitration

    A D.C. federal judge is requiring a general subscriber class of consumers to arbitrate their claims that AT&T, Verizon and T-Mobile are offering free Wi-Fi calling service as part of a conspiracy to monopolize the Wi-Fi calling market.

  • September 22, 2026

    Oil Cos. Escape Mich. Climate Change Antitrust Suit

    A federal judge on Tuesday nixed a lawsuit from Michigan accusing global oil and gas giants of conspiring for decades to delay the transition from fossil fuels to renewable energy, ruling the allegations do not amount to valid antitrust claims.

Expert Analysis

  • '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.

  • Key Takeaways From The 2026 ABA Antitrust Spring Meeting

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    Last week's American Bar Association Spring Meeting revealed an antitrust landscape defined by heightened friction and tension — between federal and state enforcers, domestic and international regimes, competing political visions, and traditional enforcement tools and novel challenges, say attorneys at Skadden.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • OhioHealth Suit Signals Higher Antitrust Heat On Hospitals

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    The recent antitrust lawsuit against OhioHealth by the U.S. Justice Department and Ohio attorney general shows that federal and state enforcers are closely examining the competition issues in the healthcare sector, including restrictive contracts and antisteering practices, say attorneys at Freshfields.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • 8 Tariff Refund Questions For Restructuring Professionals

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    For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

  • Defense Deals Can Trigger Extra HSR Filing With The DOD

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    Certain aerospace, defense and national security M&A transactions will require a concurrent Hart-Scott-Rodino Act filing to the U.S. Department of Defense, and practice tips for navigating this extra filing include early analysis of competitive implications of sector deals and planning for concurrent filings, say attorneys at White & Case.

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