Competition

  • March 05, 2025

    Agri Stats Wants Another Shot At DOJ Specifics

    Agri Stats is continuing to ask a Minnesota federal court to force the U.S. Department of Justice to identify specific data fields in the company's industry reports that allegedly allow chicken, pork and turkey producers to exchange competitively sensitive information.

  • March 05, 2025

    BCBS Hit With New Antitrust Suits By $2.8B Deal Opt-Outs

    Dozens of hospitals and healthcare systems that opted out of a landmark $2.8 billion Blue Cross Blue Shield antitrust settlement filed fresh Sherman Act lawsuits against the insurance entities in Pennsylvania, California and Illinois federal courts Tuesday, accusing them of colluding to restrict competition for the purchase of healthcare services.

  • March 05, 2025

    Teva Wants Pause Of Patent Delisting For High Court Appeal

    Israeli drugmaker Teva Pharmaceuticals is hoping the Federal Circuit will keep an injunction ordering it to remove its inhaler patents from the U.S. Food and Drug Administration's Orange Book on hold while it appeals the matter to the U.S. Supreme Court.

  • March 05, 2025

    9th Circ. Upholds Arizona's Wine Retailer Law Challenge

    Arizona isn't being discriminatory by requiring companies that want to ship alcohol to people's homes to have a business location in the state, the Ninth Circuit has declared in a split ruling that upheld the state's win against a challenge to the law laying down that mandate.

  • March 05, 2025

    Parameters Set For Final NIL Deal Approval Hearing

    The California federal judge overseeing the massive $2.78 billion name, image and likeness settlement between the National Collegiate Athletic Association and former and current student-athletes has released guidelines for the deal's final approval hearing in April.

  • March 05, 2025

    Steven Madden Resolves Libel Dispute Over IP Allegations

    Parties in Steven Madden Ltd.'s lawsuit accusing Danish "affordable luxury" brand Ganni A/S of falsely claiming that two of its shoe designs infringed Ganni's intellectual property have reached an agreement to resolve the dispute, according to a filing Tuesday in New York federal court.

  • March 05, 2025

    Ga. Baseball Player Shutters NCAA Eligibility Suit

    A University of Georgia athlete has ended his efforts in federal court to earn another year of eligibility to play college baseball, dropping his antitrust lawsuit against the NCAA following the ruling in a similar case that was not favorable to the athlete, his attorney said.

  • March 05, 2025

    NASCAR Calls Teams 'Per Se Illegal Cartel' In Countersuit

    NASCAR is countersuing two racing teams that have accused the organization of monopolizing premier motorsport racing, alleging Wednesday in North Carolina federal court that the teams conspired to pressure NASCAR into accepting their preferred charter contract terms "in order to maintain their per se illegal cartel."

  • March 05, 2025

    UK Clears $35B Synopsys, Ansys Merger

    The Competition and Markets Authority said Wednesday it has cleared Synopsys' planned $35 billion acquisition of fellow U.S. software company Ansys under certain divestiture and monitoring conditions.

  • March 05, 2025

    Longtime DOJ Antitrust Litigator Joins Fried Frank In DC

    Fried Frank Harris Shriver & Jacobson LLP announced that a Cooley LLP attorney who previously spent more than 15 years in the U.S. Department of Justice's Antitrust Division has joined the firm's Washington, D.C., office as a partner.

  • March 05, 2025

    DOJ Fights Bid To Pause Piece Of Amedisys Merger Case

    The U.S. Department of Justice is opposing a bid from Amedisys to pause allegations that it shirked its merger filing requirements until after a trial on UnitedHealth's acquisition of the home health and hospice company.

  • March 05, 2025

    Major Supermarkets Keep £675M Salmon Cartel Claim In UK

    A London antitrust tribunal declined Wednesday to send a £675 million ($868 million) cartel claim brought by several of the U.K.'s largest supermarkets to Norway, ruling that the claim should be heard in the U.K. because it concerned the price of salmon in the U.K.

  • March 05, 2025

    Fighters' Attys Get $115M In Fees For UFC Settlement Work

    A Nevada federal judge has awarded more than $115 million to the attorneys who struck a $375 million settlement with the UFC on behalf of more than 1,100 fighters alleging vast wage suppression, nodding to the considerable effort involved in litigating the decade-long case.

  • March 05, 2025

    UK Drops Probe Into Microsoft's OpenAI Partnership

    Britain's antitrust authority said Wednesday that it has dropped its probe into Microsoft's investment into ChatGPT developer OpenAI after finding it does not have the jurisdiction to look into their complex partnership.

  • March 05, 2025

    Royal Mail To Face Trial In £878M Bulk Mail Class Action

    The owner of Royal Mail must face an £878.5 million ($1.1 billion) class action brought on behalf of 290,000 retail businesses that accuse the postal service of abusing its dominant position in the bulk mail market, the antitrust tribunal has ruled.

  • March 04, 2025

    Musk Fails To Block OpenAI From Turning Into For-Profit Entity

    A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."

  • March 04, 2025

    Shipping Council Urges DC Circ. To Nix Maritime Rule

    An ocean carrier trade association is urging the D.C. Circuit to wipe out new regulations defining unreasonable refusals to deal in the maritime industry, telling the appeals court that the "vague" rule has thrown the carriers into confusion.

  • March 04, 2025

    Agencies Have 'Ultimate' Authority Over Firings, OPM Says

    The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."

  • March 04, 2025

    Meijer Says 1st Circ. Must Resolve Takeda Arbitration Order

    Grocery store chain Meijer on Tuesday urged a Massachusetts federal judge to allow it to immediately appeal his ruling granting Takeda Pharmaceutical's bid to arbitrate the grocer's antitrust claims over a constipation drug, arguing that the case presents several issues that the First Circuit needs to address.

  • March 04, 2025

    Baseball Player Strikes Out On Bid For NCAA Early Waiver

    A Tennessee federal judge will not grant a Division I baseball player another year of eligibility, ruling on Monday that the student-athlete failed to show how the NCAA's rules violate antitrust laws while acknowledging that the organization's actions are "questionable at best and self-interested at worst."

  • March 04, 2025

    DC Opposes RealPage Bid For Sanctions In Antitrust Case

    The District of Columbia and its attorneys at Cohen Milstein are opposing a bid for sanctions from RealPage in the district's rental pricing case, contending they have support for allegations about the company not wanting to work with landlords that reject its price recommendations.

  • March 04, 2025

    Health Providers Fight To Keep MultiPlan Pricing MDL Alive

    Healthcare providers targeting MultiPlan and several major insurers with horizontal price-fixing claims argued Monday an Illinois federal judge should let their multidistrict litigation proceed because the defendants simply constructed a "strawman" to convince him to toss it.

  • March 04, 2025

    ACC, Clemson And FSU End Legal Fight Over Revenues, Fees

    Florida State University and Clemson University will stay in the Atlantic Coast Conference under a new athletic revenue distribution model that would resolve the multistate court battles over media rights and exit fees, the parties said Tuesday in announcing a settlement of their disputes.

  • March 04, 2025

    Alcon, Lens.com Settle 7-Year Trademark Fight In NY

    Alcon and Lens.com informed a New York federal judge Tuesday that they've agreed to resolve their long-running trademark dispute over claims that Lens.com was reselling some of Alcon's products without authorization. 

  • March 04, 2025

    PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.

Expert Analysis

  • Opinion

    DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech

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    A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.

  • Corp. Transparency Act's Future Under Treasury's Bessent

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    The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.

  • Nippon Order Tests Gov't Control Over Foreign Investments

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    The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.

  • A Look At A Possible Corporate Transparency Act Exemption

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    Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • Expect Continued Antitrust Enforcement In Procurement

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    The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.

  • Takeaways From Oral Argument In High Court Trademark Case

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    Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • Improving Comms Between Trial Attys And Tech Witnesses

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    In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.

  • Navigating Title IX Compliance In The NIL Era

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    As universities push to move more name, image and likeness activity in-house, it's unclear how the NCAA and its members will square implementation of the House settlement with Title IX requirements, say attorneys at Buchanan Ingersoll.

  • National Bank Act Rulings Facilitate More Preemption Analysis

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    Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Opinion

    New DOJ Leaders Should Curb Ill-Conceived Prosecutions

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    First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

  • Tips For Pharma-Biotech Overlap Reporting In New HSR Form

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    While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.

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