Competition

  • January 28, 2025

    'Godfather' Of State AG Practice To Retire From Cozen

    Bernard "Bernie" Nash, the attorney who pioneered the practice of defending companies against investigations by state attorneys general, is retiring from Cozen O'Connor and handing over the reins to his handpicked successors after nearly 50 years in private practice.

  • January 28, 2025

    Logistics Co. Says Director Created Rival While Still Employed

    A third-party logistics company took one of its former sales directors to North Carolina federal court alleging the man broke his employment contract while working for the company, misappropriated trade secrets and poached its clients to start his own competing firm.

  • January 28, 2025

    Vivint 'Kicking Dead Horse' In $190M TM Suit, 4th Circ. Hints

    Smart home software company Vivint faced an uphill battle Tuesday trying to convince the Fourth Circuit to dismantle a nearly $190 million verdict for allegedly tricking its rival's customers into switching providers, with one judge saying Vivint's claims that the lower court misapplied state consumer protection law are fruitless.

  • January 28, 2025

    Trump Wants TikTok 'Bidding War' As Microsoft Enters Talks

    President Donald Trump said that Microsoft is in discussions to purchase TikTok, stressing that a bidding war would be a "good thing" because that's how to get "the best deal."

  • January 28, 2025

    CMA Panel Blasts Microsoft's Software Licensing Practices

    The antitrust watchdog should consider sanctioning Microsoft over the harmful effect of its software licensing practices on the cloud computing market, an independent inquiry group said Tuesday.

  • January 27, 2025

    Pilgrim's Pride, Investors Ink $41.5M Price-Fixing Deal

    Investors in Pilgrim's Pride asked a Colorado federal judge Friday to greenlight a settlement with the meat company and its former CEO, who have agreed to pay $41.5 million to resolve long-running claims over misrepresentations and price-fixing in the broiler chicken market that led to artificially inflated stock prices.

  • January 27, 2025

    ​​​​​​​States Back In Spotlight As Feds Exit Net Neutrality Debate

    The Sixth Circuit might have recently hammered the last nail into the coffin of federal net neutrality rules, but states are poised to fill the void — just as some did when the last Trump administration tanked a previous broadband regulatory regime.

  • January 27, 2025

    Takeda Pushes Meijer Antitrust Suit Into Arbitration

    Meijer is going to have to arbitrate its claims that Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.

  • January 27, 2025

    Jury Will Decide $140M Intuitive Robo-Surgery Antitrust Case

    A federal judge on Monday rejected dueling requests for directed verdicts at the wrap of a $140 million antitrust trial over claims that Intuitive Surgical abused its market power in barring a repair provider's refurbished part for Intuitive's surgery robot, saying there's "substantial evidence" for jurors to decide on the parties' claims and counterclaims.

  • January 27, 2025

    FCC No Longer Mulling Broadband Bulk Billing Restrictions

    With the Federal Communications Commission now under Republican leadership, the agency has decided to pull its plan to restrict bulk billing for broadband services from the FCC's regulatory agenda.

  • January 27, 2025

    'Guesswork' Dooms Class Cert. In Meta Privacy Antitrust Suit

    A California federal judge has refused to certify a class of consumers who say Meta would have to pay users for their data if it didn't lie about privacy safeguards, finding that the motion was undone by the opinions of an economist who cannot get from general economics to market reality.

  • January 27, 2025

    Pair Of Google Advertisers Must Arbitrate Ad Tech Claims

    A New York federal court found that a pair of advertisers will have to arbitrate their claims against Google instead of trying to represent a class in the multidistrict litigation accusing the tech giant of monopolizing key digital advertising technology.

  • January 27, 2025

    FTC Mired Startups, But Trump Brings Hope, Tech Group Says

    Aggressive antitrust enforcement gave startups fewer exit opportunities as large companies like Google, Amazon and Apple pulled back on acquisitions, according to a Monday report from the Computer & Communications Industry Association, yet the trade group's chief economist is optimistic things will change under President Donald Trump. 

  • January 27, 2025

    Pool Co. To Face Rival's Contempt Bid Over $16M Judgment

    A Chinese pool parts supplier will have to appear for a show cause hearing to address whether it should be held in contempt for allegedly funneling money out of the country to avoid paying a $16 million judgment, a North Carolina federal judge said Monday.

  • January 27, 2025

    Ancora Seeks To Make US Steel 'Great Again' With New Board

    Ancora Holdings Group on Monday said it plans to make U.S. Steel "great again" by installing a new CEO and board at the company "committed to abandoning" the $14.9 billion proposed merger with Nippon Steel that was blocked by former President Joe Biden earlier this month. 

  • January 24, 2025

    Intuitive Doesn't Owe 'Free-Riding' Firm $140M, Expert Says

    Robotic surgery pioneer Intuitive Surgical isn't a monopolist since it competes with other surgery options and a "free-riding" surgical repair company isn't due up to $140 million in profits allegedly lost due to Intuitive blocking its unauthorized part-refurbishment service, an economist testified Friday in a California antitrust trial.

  • January 24, 2025

    Anschutz Gets Trade Secrets Trial Delayed Amid Sale Dispute

    A Colorado state judge on Friday delayed an upcoming trial in a trade secrets suit brought by Anschutz Exploration Corp., giving the parties more time to deal with a discovery fight over a recent sale that left the jurist "totally dumbfounded" and "furious" at a Denver oil prospector earlier this week.

  • January 24, 2025

    Amex GBT Faces Sept. Trial In DOJ Case Against $570M Deal

    A New York federal judge set a September trial date Friday for the U.S. Department of Justice suit challenging American Express Global Business Travel Inc.'s planned $570 million purchase of CWT Holdings LLC, rejecting company assertions of "exigencies" necessitating a decision by June.

  • January 24, 2025

    Ill. Judge OKs $35M More In College Aid-Fixing Settlements

    An Illinois federal judge flagged a communication he considered a potential first Friday as he swiftly approved another $35 million in financial aid-fixing settlements that allow two more schools to exit an antitrust suit claiming they conspired with other elite universities to limit their offerings.

  • January 24, 2025

    Biotech Co. Defends Antitrust Counterclaims Against Rival

    Biotech company Zymo Research Corp. is defending its claims that German diagnostic competitor Qiagen GmbH's infringement suit is nothing more than an attempt to discredit a competitor, saying Zymo offered to prove it wasn't ripping off Qiagen's tech, only to have Qiagen bury "its head in the sand" and file suit.

  • January 24, 2025

    Agri Stats Demands Details On DOJ's Info-Sharing Claims

    Agri Stats has accused the U.S. Department of Justice of refusing to identify specific data fields in the company's reports that allegedly allowed chicken, pork and turkey producers to exchange competitively sensitive information, as it readies its defense in the agency's antitrust case.

  • January 24, 2025

    FTC Says Noncompete Ban Defense Is Its Job, Not Intervenor's

    The Federal Trade Commission is urging the Fifth and Eleventh circuits not to permit an entrepreneurs group to intervene in support of the FTC's currently blocked noncompete ban in case the commission opts to abandon its defense, arguing Congress left it up to government agencies to defend their own regulations.

  • January 24, 2025

    Dow Argues Tech Firm's IP Suit Over Software Is Time-Barred

    The Dow Chemical Co. has urged an Ohio federal judge to rule in its favor in a dispute over proprietary polyethylene manufacturing software, arguing that ControlSoft Inc.'s suit ignores their more than 20-year business relationship and that the technology firm waited too long to bring trade secrets and copyright infringement claims.

  • January 24, 2025

    Capital One Named In Action Over Early-Year Service Outage

    Capital One has been hit with a proposed class action in Virginia federal court focused on a January service disruption that allegedly left consumers locked out of its systems.

  • January 24, 2025

    SAP Seeks Full 9th Circ. Rehearing Of Revived Tying Suit

    German software giant SAP is asking the Ninth Circuit to reconsider its revival of data analytics company Teradata's trade secrets and tying suit against it, saying the panel wrongly applied per se antitrust treatment to a "highly innovative software market."

Expert Analysis

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar

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    A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • How FTC Sent A $5.6M Warning Against Jumping The Gun

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.

  • Predicting Where State AGs Will Direct Their Attention In 2025

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    In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • Chancery May Have Raised Bar For Books, Records Requests

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    The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.

  • FTC Privacy Enforcement Takeaways From 2024

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    In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Mass Arbitration Procedures After Faulty Live Nation Ruling

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    Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.

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