Competition

  • March 24, 2025

    Ex-Pioneer CEO's Federal Case Against FTC Paused

    A Texas federal court agreed Monday to pause a lawsuit from the former CEO of Pioneer Natural Resources accusing the Federal Trade Commission of violating his constitutional rights by barring him from serving on Exxon's board until there's a decision in the administrative case.

  • March 24, 2025

    Final OK Sought For $3M In Bail Bond Antitrust Deals

    A proposed class alleging they overpaid for bail bonds thanks to a price-fixing conspiracy is asking a California federal court to approve $3 million in settlements inked with two of the entities.

  • March 24, 2025

    Judge OKs NIL Recruiting Rules Deal​​​​​​​ Between States, NCAA

    A Tennessee federal judge has signed off on a settlement that resolves antitrust litigation over the NCAA's practice of banning the use of possible name, image and likeness compensation when recruiting athletes.

  • March 24, 2025

    Feds Argue That Medicare Extrapolation Audits Are Valid

    Humana Inc.'s challenge to a federal rule that revamps how Medicare Advantage organizations are audited would send the government "back to where it started more than six years ago," the U.S. Department of Health and Human Services told a federal court Friday.

  • March 24, 2025

    No $1M Placeholder In 'Black Widow' TM Feud, Judge Rules

    A Connecticut federal judge will not require a pest control company to post more than $1 million to cover potential damages in a trademark lawsuit over the name "Black Widow," which is also the subject of a paused cancellation proceeding before the U.S. Patent and Trademark Office.

  • March 24, 2025

    Energy Giants Urge Puerto Rico Judge To Nix RICO Suit

    A group of energy industry giants have asked a Puerto Rico federal district judge to toss racketeering and antitrust claims filed by municipalities alleging they misrepresented the climate dangers of fossil fuel products.

  • March 24, 2025

    Residents Rip Hospital Co.'s 'Scorched-Earth' Sanctions Bid

    A proposed class of Connecticut residents pursuing antitrust claims against Hartford HealthCare Corp. slammed the company's bid to sanction them for seeking judicial enforcement of a document exchange deal the parties had reached, arguing that sanctions would only complicate discovery rather than help it along.

  • March 24, 2025

    ATP Rips Players' Coercion Claims As Tennis Feud Escalates

    The men's professional tennis tour — one of the organizations facing an antitrust class action in New York federal court by players accusing the groups of operating like a "cartel" — has vehemently denied an accusation that it was threatening players with punishment if they did not disavow the lawsuit.

  • March 24, 2025

    'Powering' Algorithm Not Enough To Merit Price-Fixing Claim

    A California federal judge gave short shrift Friday to consumers' proposed class action price-fixing allegations against software provider SAS Institute Inc., which allegedly created a shared pricing algorithm that Hilton, Hyatt and other major chains used to fix and raise room rates nationwide.

  • March 24, 2025

    Foley & Lardner Expands State AG Practice With Cozen Trio

    Three former state attorneys general who have been practicing from Cozen O'Connor's Washington, D.C., and Denver offices have moved to Foley & Lardner LLP to continue working on a range of matters related to state attorneys general investigations, the latter firm announced Monday. 

  • March 24, 2025

    Trump Asks High Court To Halt Fed. Workers' Reinstatement

    The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.

  • March 31, 2025

    Dentons Hires Competition Pro From Travers Smith

    Dentons has brought on as partner a competition lawyer from Travers Smith LLP against a complex regulatory landscape that has increased demand for specialist advice.

  • March 24, 2025

    Mastercard Seeks To Limit Swipe Fee Damages Bill

    Mastercard urged a tribunal on Monday to limit the damages it must pay to intermediaries such as Worldpay over unlawful interchange fees, arguing that the acquirers' proposed damages bill is too broad and covers too long a period of time.

  • March 21, 2025

    Attys Suing FIFA Say Humans, Not AI, Made Citation Errors

    Attorneys accusing soccer's international governing body, its Puerto Rican affiliate and a regional soccer association of trying to block local rivals told a Puerto Rico federal judge Friday that it was simply human oversight — not the use of artificial intelligence — that led to citation inaccuracies in recent filings.

  • March 21, 2025

    NHL, CHL Antitrust Suit May Require Plaintiff Line Change

    A Washington federal judge on Friday asked the National Hockey League if a rule that dictates where junior athletes can play restricted the freedom of player movement, but the judge also questioned if the wrong players were plaintiffs in an antitrust suit because they were never drafted by the premiere professional league.

  • March 21, 2025

    NJ, Pa. Claims Over Amazon Price Hike Project Cut For Good

    Pennsylvania and New Jersey's attorneys general's efforts to shore up state law claims in the Federal Trade Commission monopolization lawsuit against Amazon.com failed after a Washington federal judge found nothing "unconscionable" about a project that matches rivals' price increases or deceptive about its concealment.

  • March 21, 2025

    Judge Incredulous At Defense Raised In OpenAI TM Fight

    A California federal judge doubted Friday certain defenses in OpenAI's trademark battle against a man who runs a website called "open.ai," telling the man's counsel repeatedly during a hearing it's "incredible" that he's claiming the court can't legally order him to transfer the domain if he doesn't own the mark.

  • March 21, 2025

    Novartis Urges Court To Make FDA Block Entresto Generic

    Novartis says the U.S. Food & Drug Administration has made a drug marketing exclusivity window "meaningless" and wants a D.C. federal judge to block a rival from selling a generic drug that would compete with its blockbuster heart medication Entresto.

  • March 21, 2025

    Meta Defends Need For Current Data In FTC Case

    Meta Platforms Inc. told a D.C. federal court the company should be able to use the most recent data it has during next month's trial in the Federal Trade Commission's case accusing the Facebook parent company of monopolizing personal social networking.

  • March 21, 2025

    Consumer Group Doesn't Belong In FERC Fight, Court Told

    An energy efficiency aggregator fighting a Federal Energy Regulatory Commission market manipulation case carrying a potential $1 billion price tag says a consumer advocate's concern over a constitutional challenge to the agency's structure can't justify its motion to intervene in the company's lawsuit.

  • March 21, 2025

    Crocs Defends News Release In Bid To Beat Defamation Suit

    Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.

  • March 21, 2025

    Dems Call On Trump To Reinstate Axed FTC Commissioners

    A pair of top House Democrats called on President Donald Trump on Friday to reinstate the fired Democratic commissioners of the Federal Trade Commission because their firing was a "clear violation of the law."

  • March 21, 2025

    Unlockd To Take Google Antitrust Battle To 9th Circ.

    Defunct advertising app maker Unlockd is hoping the Ninth Circuit will revive its antitrust suit accusing Google of allowing the then-up-and-coming business to build a reliance on Google platforms and then cutting it off once it became a threat.

  • March 21, 2025

    Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep

    In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.

  • March 21, 2025

    Wright Says Defamation Suit Did Not Violate Anti-SLAPP Law

    Onetime Federal Trade Commission member and law professor Joshua Wright, who recently dropped a $108 million defamation suit against two attorneys who accused him of sexual misconduct, is now fighting a sanctions bid brought by one of the women, arguing it hinges on "selective — and largely misleading — presentation of evidence."

Expert Analysis

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Opinion

    Antitrust Posturing Against Algorithmic AI Should End

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    President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Back To The Future? Antitrust Enforcement Under Trump 2.0

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    While the transition to the second Trump administration's antitrust policy should be accompanied by less uncertainty, we're unlikely to get a full sense of the true focus and tenor of competition enforcement under Trump 2.0 before late next year, say attorneys at Simpson Thacher.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Trending At The PTAB: Collateral Estoppel Continues Evolving

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    We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

  • Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion

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    Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Takeaways From DOJ's Intervention On Pricing Algorithm Use

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    A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Expect More State Scrutiny Of PE In Healthcare M&A

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    While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

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