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Competition
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Featured
Drug Buyers, Generics Cos. Fight Over Bellwether Litigation
Generic drug buyers vied Friday with the pharmaceutical companies they've accused of price-fixing over how to shape the first rounds of long-gestating Pennsylvania federal court litigation that the plaintiffs want heard in separate consecutive trials and that the drugmakers want combined.
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April 15, 2025
Trump Cites U.S. Security To Investigate Critical Minerals Tax
President Donald Trump on Tuesday issued an executive order launching a so-called Section 232 national security tariff investigation into the United States' reliance on imported processed critical minerals, citing his belief that "an overreliance ... could jeopardize U.S. defense capabilities."
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April 15, 2025
Zuckerberg Calls Buying Rival, Building Co. Two Sides Of 1 Coin
Meta Platforms CEO Mark Zuckerberg tried Tuesday to distance himself from internal documents describing Instagram and WhatsApp as competitive threats, pushing back on Federal Trade Commission monopolization claims by arguing in D.C. federal court that the owner of Facebook was always focused on improvements to itself and the acquisitions.
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April 15, 2025
9th Circ. Told Oregon Hospital Merger Law Flouts Due Process
A hospital trade group urged the Ninth Circuit on Monday to block an Oregon law allowing the Oregon Health Authority to review proposed healthcare business consolidations, arguing the law is "unconstitutionally vague" and bestows unlimited power on the agency to block healthcare transactions in the state.
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April 15, 2025
Westlaw Rival Urges 3rd Circ. Intervention In AI Fair Use Case
Tech startup ROSS Intelligence has urged the Third Circuit to allow a quick appeal focusing on two key questions from a lower court decision concluding it infringed copyrighted material from Thomson Reuters' Westlaw platform to create an artificial intelligence-backed competing legal research tool.
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April 15, 2025
Cloud Startup Figma Confidentially Files IPO Amid Volatility
Cloud-based design platform Figma Inc. said Tuesday it confidentially filed for an initial public offering, marking a first step toward going public during tense times for equity markets and coming more than one year after a failed merger with Adobe.
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April 15, 2025
FTC Wants More Time To Examine $5.3B H&E Rentals Deal
H&E Rentals has withdrawn and refiled its intent to sell itself to rental equipment company Herc Holdings for a whopping $5.3 billion in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerts.
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April 15, 2025
Japan Orders Google To Stop Android Licensing Practice
Japan's competition enforcer became the latest global authority to take on Google's Android licensing practices Tuesday, ordering the search giant to stop requiring phone manufacturers and mobile carriers to preinstall its apps on their devices.
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April 15, 2025
Massive Calif. Fire Assessment Pass-Through Sparks Suit
Public interest nonprofit Consumer Watchdog sued California's insurance chief in Los Angeles Superior Court on Monday to stop him from allowing insurance companies to offset hundreds of millions of dollars in assessment costs as surcharges onto policyholders, claiming the decision was made without any public input, in violation of the state's Administrative Procedure Act.
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April 15, 2025
Dems Back Ex-FTC Commissioners In Firing Suit
Most of the sitting Democrats in Congress have thrown their support behind a lawsuit challenging the president's recent firing of two Federal Trade Commission members, telling a D.C. federal court the commission is meant to be an independent bipartisan agency.
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April 15, 2025
39 AGs Urge Congress To Ban PBM Pharmacy Ownership
A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.
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April 15, 2025
9th Circ. Backs $272M Verdict For Monster In Bang Ad Case
The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.
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April 15, 2025
NCAA Transfer Player Seeking Extra Season Denied By Judge
A West Virginia federal judge on Tuesday backed the NCAA and the consent decree that overturned the restrictions on athletes transferring schools, denying a temporary restraining order and preliminary injunction for a college basketball player who wants to play one more season next year.
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April 15, 2025
Insurer Denies Coverage For Short Seller Cohodes' Libel Case
Short seller Marc Cohodes, who was accused by a financial advisory firm of causing $5 million in reputational damage via libelous posts on X, cannot have coverage for the litigation, an insurer told a Montana federal court, noting that his homeowners policy excluded intentional wrongdoing.
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April 15, 2025
Entergy Can't Fight FERC Market Rule Change, DC Circ. Says
The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional grid operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.
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April 15, 2025
Roster Limits Stay In Revisions To NCAA's NIL Settlement
In court-ordered revisions to their $2.78 billion antitrust class action settlement, the NCAA and the athlete class added greater protections for athletes entering college throughout the deal's 10-year span, but refused to budge on roster limits opposed by several objectors.
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April 15, 2025
Phillies Say Stats Co. Halted Contract Amid Exclusivity Suit
The Philadelphia Phillies added a breach claim to a lawsuit that accuses the owners of a baseball statistics and analytics program of trying to sell a system it was hired to develop exclusively for the Major League Baseball team.
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April 14, 2025
Justice Dept. Lands 1st Wage-Fixing Jury Trial Conviction
A Nevada federal jury on Monday convicted a nursing executive on wage-fixing charges, the first antitrust charge to succeed before a jury in a string of U.S. Department of Justice prosecutions targeting antitrust violations in labor markets.
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April 14, 2025
Musk Supports Deleting IP Law, Attorneys Say Let's Not
Elon Musk's endorsement of a terse social media post from tech executive Jack Dorsey saying "delete all IP law" drew scorn from the intellectual property community and was followed by posts from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart extolling the virtues of trademark, patent and copyright protections.
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April 14, 2025
Linking Friends No Longer Meta's Focus, Zuckerberg Says
Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.
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April 14, 2025
Bipartisan Trio Urges DOJ To Keep Antitrust Offices Open
Top members of the Senate Judiciary Committee are urging the U.S. Department of Justice to rethink its plan to close the Antitrust Division's field offices in Chicago and San Francisco because of their "vital" role in antitrust enforcement.
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April 14, 2025
Fed. Circ. Hears Teva Challenge To J&J Schizophrenia Drug
A Federal Circuit panel on Monday grappled with how to determine whether a dosage patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid as obvious, questioning attorneys for the company and generics maker Teva about the proper analysis.
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April 14, 2025
Apple Wants Renewed Cloud Storage Monopoly Suit Tossed
Apple has urged a California federal court to toss the latest version of a proposed class action alleging it gives its iCloud service an advantage over third-party cloud storage providers, saying it limits certain remote-backup features for security and privacy.
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April 14, 2025
Ozempic Pretender On Sale In Conn., Novo Nordisk Says
A Connecticut company is selling compounded drugs that purport to contain semaglutide, the active ingredient in Novo Nordisk medications including Ozempic, and improperly implying that the products are approved by the U.S. Food and Drug Administration, according to a lawsuit that alleges violations of state and federal law.
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April 14, 2025
Ark. PBM Regulation Violates ERISA, Teamsters Fund Says
An Arkansas insurance regulation forcing health plans to turn over information about reimbursement rates negotiated by pharmacy benefit managers, or PBMs, conflicts with federal benefits law, a Teamsters healthcare fund claimed, urging an Illinois federal court to block the state from enforcing the rule.
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April 14, 2025
Telescope Buyers Get Final OK On $32M Antitrust Deal
Celestron and several other rival telescope makers have convinced a California federal court to give their $32 million settlement to end claims that they had been working together to hike up the price of the stargazing devices its final seal of approval, after nearly five years of litigation.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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A Look At M&A Trends In An Uncertain Deal Environment
Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.