Competition

  • June 10, 2025

    Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility

    A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.

  • June 10, 2025

    Health Records Co. Looks To Toss Patient Data Access Case

    PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.

  • June 10, 2025

    Dog Owner Defends Tick Meds Suit Against Elanco, Retailers

    A consumer plaintiff has urged an Indiana federal judge not to dismiss her proposed class action accusing Elanco Animal Health Inc. of paying off alleged co-conspirators Chewy, Petco, PetMed Express, PetSmart and PetSense to not carry cheaper generative alternatives to the Advantix topical flea and tick pet prevention drugs.

  • June 10, 2025

    Deere & Co. Must Face FTC Suit Over Repair Restrictions

    An Illinois federal judge compared John Deere's second attempt at beating a right-to-repair suit to Steve Martin's Pink Panther II reboot, calling it "predictable" and "derivative" as he again rejected the farm equipment giant's motion for judgment on the pleadings and allowed the Federal Trade Commission's case against it to proceed.

  • June 10, 2025

    Stability AI, Others Fear Artists' Expert Might Use Their Info

    Stability AI and other artificial intelligence art platforms urged a California federal magistrate judge Tuesday to block an artists' expert in a proposed copyright infringement class action from having access to their confidential information, their lawyer arguing the professor is a "functional competitor" who created software to "sabotage" his clients' products.

  • June 10, 2025

    Sezzle Claims Shopify Is Stifling 'Buy Now, Pay Later' Services

    Digital payment platform Sezzle Inc. has hauled Shopify Inc. into Minnesota federal court, accusing the Canadian e-commerce giant of abusing its market power in customizable online storefronts to further stifle competition for "buy-now, pay-later" services.

  • June 10, 2025

    Target, Campbell's End Chicken-Price Fix Suit With Mar-Jac

    Target Corp. and The Campbell's Co. are the latest broiler chicken purchasers to permanently end their price-fixing claims Monday against poultry processor giant Mar-Jac Inc. in a decade-old sprawling antitrust litigation claiming broiler chicken producers acted in concert to limit chicken production to raise prices and exchange sales volume information with each other.

  • June 10, 2025

    Clerk's Role Means Antitrust Judge Must Recuse, Court Told

    Pork producer defendants involved in a major pork price-fixing case continue to push for the recusal of a Minnesota federal judge because of his clerk's connections to plaintiff-side firms, arguing the plaintiffs are running from "indisputable facts."

  • June 10, 2025

    Innsworth Seeks Review Of £200M Mastercard Settlement Split

    Litigation funder Innsworth announced Tuesday it was launching a High Court challenge to how the Competition Appeal Tribunal decided to distribute a £200 million ($270 million) settlement reached between Mastercard and Walter Merricks to end litigation over credit card fees.

  • June 10, 2025

    Gambling Watchdog Faces Challenge To £70M Lottery Subsidy

    Publishing group Northern & Shell PLC has asked a London appeals tribunal to bin a decision by Britain's gambling regulator to give Camelot UK Lotteries Ltd. more than £70 million ($94 million) to help with marketing and promoting the National Lottery.

  • June 10, 2025

    Apple, Sony Fight Class Reps Over New Legal Funding Deals

    Apple, Visa, Mastercard and Sony told the Court of Appeal Tuesday that funding agreements driving multiple competition class action claims in the U.K. are unlawful and unenforceable.

  • June 10, 2025

    DLA Piper Adds Former FTC Senior Attorney To AI Group

    Former Federal Trade Commission senior attorney Michael Atleson has joined DLA Piper as of counsel in its artificial intelligence and data analytics practice.

  • June 09, 2025

    Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump

    Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.

  • June 09, 2025

    No Early Remedy For NC Athlete In NCAA Eligibility Rule Fight

    A federal judge denied a former North Carolina State University football player's early attempt to suspend NCAA rules and tack on a fifth season of eligibility, finding that his antitrust claims against the association's bylaws were likely to falter.

  • June 09, 2025

    Texas, BlackRock Face Judge's Questions Over Coal Suit

    A Texas federal judge on Monday questioned BlackRock Inc. and a Republican-led coalition over claims that the asset manager conspired with others in the industry to drive down coal production through its investment in publicly traded energy companies, wondering whether pressure placed on the companies to provide more detailed climate disclosures was enough to move the lawsuit forward.

  • June 09, 2025

    BiT Global Drops Antitrust Suit Against Coinbase

    Digital asset custodian BiT Global has ended its antitrust suit accusing cryptocurrency exchange Coinbase of delisting its "wrapped" bitcoin product to promote its own, ending an antitrust suit a federal judge said she was inclined to dismiss last month.

  • June 09, 2025

    EchoStar Questions FCC Process In SpaceX, VTel Fight

    EchoStar said the Federal Communications Commission should not be "pulling the rug out from" under it as it fights to keep the spectrum rights it got from T-Mobile, arguing that it was being unfairly singled out by SpaceX and VTel, who want the commission to review the buildout of Dish's network.

  • June 09, 2025

    DOJ's KKR Suit Turning M&A 'Into A Trap,' PE Group Says

    A private equity trade group is seeking to back KKR's bid to dismiss a Justice Department lawsuit seeking fines that could top $650 million for allegedly hiding key documentation and entire transactions from merger notification, arguing that enforcers are trying to create a brand new requirement for "perfect" filings.

  • June 09, 2025

    Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling

    Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.

  • June 09, 2025

    Panini Wants Renewed Claims From Fanatics Tossed

    Trading card company Panini told a New York federal court Fanatics Inc. is trying to distract from allegations it monopolized the sports trading card market by rehashing previously rejected claims that Panini interfered with licensing negotiations.

  • June 09, 2025

    Hemp Vape Makers, Sellers Fight RICO Claims In Delta-9 Suit

    Several hemp vape makers and sellers are urging a Georgia federal court to throw out a woman's proposed class action alleging they conspired to sell vapes with delta-9 THC levels above legal thresholds, saying her complaint fails to back up her claims and conflates manufacturers and retailers.

  • June 09, 2025

    Tesla Buyers End 'Right To Repair' Monopoly Suit

    Tesla drivers have agreed to permanently end their consolidated proposed class action accusing the company of running an illegal monopoly on parts for its electric vehicles and repair services, according to a proposed stipulation that a California federal judge signed off on Monday.

  • June 09, 2025

    NY Tribe Can Revive Lawsuit Against State In Lottery Row

    A New York federal judge has allowed the Cayuga Nation to refile its tribal gambling lawsuit against State Gaming Commission officials after the tribe settled its dispute with state-licensed mobile lottery game provider Jackpocket Inc.

  • June 09, 2025

    Disney Settles Antitrust Suit Over ESPN Streaming Fees

    Disney has settled a sprawling antitrust lawsuit with consumers over the fees in its ESPN livestreaming carriage agreements.

  • June 09, 2025

    5th Amendment Can't Shield Ex-Exec, Drugmakers Argue

    Generic-drug makers urged a Pennsylvania court to compel a former executive to sit for a deposition in ongoing price-fixing litigation despite his invocation of the Fifth Amendment, arguing his testimony is crucial to their defense.

Expert Analysis

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Top 10 Noncompete Developments Of 2024

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    Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • What's Ahead As Transparency Act Comes To A Crossroads

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    Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.

  • What To Expect From Federal Cybersecurity Policy In 2025

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    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

  • 4 Trade Secret Developments To Follow This Year

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    Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.

  • Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas

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    Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.

  • 2 Cases May Signal Where FTC Is Headed On Labor Issues

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    Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.

  • Penn State Brand Case Leaves Ornamentality Unresolved

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    While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q4

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    While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Takeaways From DOJ, FTC End To Collaboration Guidelines

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    The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

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    In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.

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