Competition

  • April 23, 2025

    Visa Settles With Retailers After Swipe Fees Pass-On Trial

    Lawyers representing more than 1,800 businesses said Wednesday that they have reached a settlement with Visa over allegations the company imposed excessively high credit card fees — weeks after the conclusion of a trial over whether overcharges were passed on.

  • April 23, 2025

    Apple, Meta Fined €700M In 1st Penalty Under EU Tech Rules

    The European Commission said Wednesday it has fined Apple Inc. €500 million ($570 million) and Meta €200 million for failing to give consumers choices on offers and how their personal data is used — the first decision under the bloc's Digital Markets Act.

  • April 22, 2025

    FTC's Holyoak Wants 'Predictable' Regulatory Space For AI

    The Federal Trade Commission won't stop policing fraud and deception powered by artificial intelligence, but flexibility is needed to avoid "misguided enforcement actions or excessive regulation" that could stifle innovation and competition in the emerging field, Commissioner Melissa Holyoak said Tuesday. 

  • April 22, 2025

    ChatGPT Exec Says Google Data Access Could Aid Rival AI

    The head of product for OpenAI's ChatGPT vouched Tuesday for the Justice Department's proposal to force Google to produce search data to rivals, telling a D.C. federal judge the suggested remedy for Google's monopolistic conduct could accelerate development of a tool capable of competing directly with Google search.

  • April 22, 2025

    Instagram Founder Says Meta 'Starved' Co. After Acquisition

    During testimony in the Federal Trade Commission's monopoly case against Meta on Tuesday, the founder of Instagram said his company was "starved" after being acquired by Facebook as Mark Zuckerberg grappled with "a lot of emotion" over Instagram siphoning users away from its parent company's flagship platform.

  • April 22, 2025

    Puerto Rico Soccer Org. Loses Bid To Soften Sanctions

    A Puerto Rico judge on Friday declined to reconsider the disqualification of an attorney, and sanctions imposed for misusing artificial intelligence to fight the disqualification bid, in a lawsuit that accuses FIFA of antitrust violations.

  • April 22, 2025

    11th Circ. Not Likely To Snuff Smoke Shop's $1.1M Trial Loss

    The Eleventh Circuit signaled Tuesday that it was likely to uphold a $1.1 million verdict entered against a Georgia-based tobacco importer for selling counterfeit rolling papers, throwing cold water on the importer's claims that the verdict constituted a windfall that was prohibited in a 2023 trial.

  • April 22, 2025

    Michigan Panel Remands Pot Cos.' Secret Meetings Suit

    A suit challenging a Michigan city's cannabis licensing program should get a new airing at trial court, a state appellate court ruled Monday, saying the lower court erred by finding that the cannabis selection committee was not a "public body" subject to the state's Open Meetings Act.

  • April 22, 2025

    DOJ Wants Time During 9th Circ. Vegas Room Rate Arguments

    The U.S. Department of Justice has asked to participate in the Ninth Circuit argument for an appeal from Las Vegas casino-hotel guests accusing the operators of using software to inflate room rates, the first algorithmic price-fixing case to reach an appeals court.

  • April 22, 2025

    DOJ Says Google Ad Tech Win Supports Apple Antitrust Case

    The U.S. Department of Justice told a New Jersey federal court its recent win against Google in the ad tech monopolization case supports allowing claims that Apple monopolizes smartphone markets to proceed.

  • April 22, 2025

    Anticipating NIL Deal, NCAA Changes Athlete Pay Rules

    The NCAA has officially adopted policy changes that will allow college athletes to be paid, to go into effect when the $2.78 billion antitrust settlement between schools and athletes receives final court approval.

  • April 21, 2025

    DOJ Pushes Chrome Sale To Solve Google Monopoly

    The U.S. Department of Justice sought to shape the future of online search and artificial intelligence chatbots Monday with opening arguments pushing a D.C. federal judge to force Google to sell its Chrome browser and to "disrupt" the billions paid for default search engine status on iPhones, Firefox and more.

  • April 21, 2025

    Verizon Fights Telecom Group's Claims Against Frontier Deal

    Verizon is telling the Federal Communications Commission not to listen to a telecommunications network industry group's call to tie stronger internet protocol interconnection regulations to Verizon's $20 billion acquisition of Frontier, arguing critics haven't identified any transaction-specific harms stemming from the merger.

  • April 21, 2025

    Academics Say FTC Firings Threaten Fed, Economic Stability

    Law and economics professors have told a D.C. federal court that failing to reinstate the recently fired members of the Federal Trade Commission puts the independence of the Federal Reserve System at risk and threatens to hurt the economy.

  • April 21, 2025

    Houston's NRG Energy Says Miami Cos. Ripped Off Its Name

    A group of Miami-based companies has been accused in Texas federal court of ripping off NRG Energy Inc.'s name.

  • April 21, 2025

    Calif. Homeowners Say Insurers Colluded To Limit Coverage

    California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.

  • April 21, 2025

    DOJ Defends Wage-Fixing Jury Win From Mistrial Bid

    The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.

  • April 21, 2025

    DOJ's Google Ad Litigation Lead Joins BakerHostetler

    A 10-year Justice Department veteran, who helped supervise the government's case alleging Google's advertising practices create an unfair monopoly, has left the agency to join BakerHostetler, the firm announced Monday.

  • April 21, 2025

    Justices Won't Hear CSX-Norfolk Southern Antitrust Case

    The U.S. Supreme Court refused on Monday to review whether CSX waited too long to bring its antitrust case against Norfolk Southern over fees charged by a Virginia switching line they jointly own.

  • April 18, 2025

    Google May See Some Light In The Ad Tech Ruling

    The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.

  • April 18, 2025

    9th Circ Won't Rethink Nixed Zillow, NAR Antitrust Case

    The Ninth Circuit won't be rethinking a panel decision refusing to revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of anticompetitively relegating its listings from Zillow's main page.

  • April 18, 2025

    Democratic AGs Say Trump Illegally Fired FTC Commissioners

    Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause. 

  • April 18, 2025

    Tribal 'Window' For New Spectrum Licenses Defended At FCC

    A pair of public interest groups asked Democrats on the Federal Communications Commission to support a tribal "window" allowing Native American bidders a chance to reserve licenses in a commercial spectrum band that's poised for FCC auction.

  • April 18, 2025

    FTC's Southern Glazer's Pricing Case Preserved

    A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.

  • April 18, 2025

    Judge Sides With Wash. In NY Distillery's Sales Reg Challenge

    A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.

Expert Analysis

  • Key Digital Asset Issues Require Antitrust Vigilance

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    As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Reviving A Dormant Criminal Statute In Antitrust Prosecution

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    The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

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    Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Unpacking FTC's New Stance On Standard-Essential Patents

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    Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.

  • Calif. Antitrust Laws May Turn More Zealous Than US Regs

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    California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    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.

  • 5 Ways Banking Has Changed In 5 Years Since COVID

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    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.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    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.

  • A Look At M&A Trends In An Uncertain Deal Environment

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    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.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    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.

  • FTC Focus: Synthetic Data Yields Antitrust Considerations

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    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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