Competition

February 26, 2025
Justices Vacate TM Award That Put Co.'s Affiliates On Hook

The U.S. Supreme Court on Wednesday vacated an award that reached nearly $47 million in a trademark dispute that questioned whether affiliates of a real estate development company should be liable for the payment even though they were not defendants in the case.
February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze

A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says

A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
February 25, 2025
Apple Litigation Director Threatened With Sanctions At Hearing

A California federal judge presiding over a high-stakes evidentiary hearing into whether Apple has complied with her 2021 antitrust injunction threatened to sanction Apple's commercial litigation director Tuesday, telling counsel she has "significant concerns" about Apple's over-designation of attorney-client privilege, saying, "Your client is not entitled to have you engage in unethical conduct."
February 25, 2025
9th Circ. Won't Revive Consumers' Qualcomm Antitrust Suit

The Ninth Circuit Tuesday declined to revive cellphone buyers' antitrust suit against Qualcomm, backing a California district court's rejection of the consumers' claim that Qualcomm's policy of refusing to sell chips to cellular manufacturers that did not license its patents ran afoul of California antitrust law.
February 25, 2025
GoDaddy, Tech Co. Quietly Agree To Kill Antitrust Suit

The world's largest domain registrar, GoDaddy, has come to terms with the company behind an antitrust suit claiming that it blackballed the tech company from its platform, according to documents filed recently in Virginia federal court.
February 25, 2025
Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial

The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.
February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row

Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
February 25, 2025
FTC Probing $615M Healthcare Staffing Merger

Talent software and staffing company Aya Healthcare Inc.'s roughly $615 million bid to buy Cross Country Healthcare Inc. and take the staffing and recruitment company private hit a snag last week with a Federal Trade Commission merger probe that prevents the transaction from closing, for now.
February 25, 2025
Judge Lets RJ Reynolds, Altria Seal Docs From Juul Deal

A federal judge in North Carolina on Tuesday granted requests by tobacco giant R.J. Reynolds Vapor Co. and rival Philip Morris' parent company to seal documents in their ongoing royalty dispute, keeping details of their licensing agreements with the vape brand JUUL confidential.
February 25, 2025
FTC Wins Discovery Spat In Amazon Prime Subscription Suit

A Washington federal judge won't force the Federal Trade Commission to share with Amazon discussions during past rulemaking about the scope of a federal law protecting online shoppers from deceptive billing, concluding for a second time that such information is irrelevant to whether the company's Prime subscription practices are illegal.
February 25, 2025
Insulet May Face Choice: $452M Award Or Stifling Rival

A Boston federal judge on Tuesday suggested that a medical device maker could have to choose between portions of its nine-figure trade secrets verdict it won against a rival or its request for a court order to permanently block sales of products based on the stolen technologies.
February 25, 2025
Agri Stats Can't Avoid Price-Fixing Deposition, DOJ Says

The U.S. Department of Justice is calling on Agri Stats' top executives to face deposition in the agency's price-fixing case, telling a Minnesota federal judge that the company's brass can't avoid questioning just because they were deposed in private suits years ago.
February 25, 2025
FTC Pick Concerned But Won't 'Prejudge' Censorship Claims

Kressin Meador Powers LLC partner Mark Meador walked a fine line during his confirmation hearing Tuesday when asked for his views on GOP claims of censorship on online platforms, expressing an "overarching concern" about content moderation practices while nevertheless asserting he'll keep an open mind on specific allegations if confirmed as the Federal Trade Commission's newest Republican member.
February 25, 2025
Referral Co. Barred From $5.54B Swipe Fee MDL Settlement

A New York federal judge has blocked a referral partner of a claims filing service from any role in the $5.54 billion settlement of long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees, after the referral partner allegedly improperly used class member information to submit claims.
February 25, 2025
Competition Group Of The Year: Gibson Dunn

Gibson Dunn & Crutcher LLP got Apple out of a $200 billion lawsuit that accused the tech behemoth of using an illegal monopoly to boot COVID-19 tracking and bitcoin applications from its App Store, earning the firm a spot as one of the 2024 Law360 Competition Groups of the Year.
February 25, 2025
Silicon Valley City Planners Say Landowners Can't Duck Suit

A company backed by a group of Silicon Valley business people looking to build a mini-city has urged a California federal court not to toss price-fixing claims against Solano County property owners, arguing that doing so at this point would be "premature."
February 25, 2025
Sports Direct, Newcastle United Settle UK Football Kit Spat

Sports Direct has settled its claim accusing Premier League football team Newcastle United of breaching competition law by refusing to stock its stores with the club's replica kits after a rival retailer was given an exclusive supply deal.
February 25, 2025
IBM Gets UK Green Light On $6.4B HashiCorp Buy

The U.K. Competition and Markets Authority said Tuesday it has cleared IBM's planned $6.4 billion acquisition of HashiCorp Inc., but a review by U.S. authorities remains open after IBM's original anticipated close date for the transaction came and went.
February 25, 2025
Google Likely Abused Dominance By Refusing EV Charge App

Europe's highest court ruled Tuesday that Google likely abused its dominance by refusing to allow an electric vehicle charging app to work with Android Auto as part of a preliminary decision in Google's battle with Italian antitrust authorities over a €100 million ($104 million) fine.
February 25, 2025
Apple Exploited App Market, Developers Say In £1.5B Trial

Apple was accused Tuesday in a £1.5 billion ($1.9 billion) London competition trial of charging app developers excessively high commissions even when they willingly agreed to pay them, in closing arguments of the first U.K. class action trial against a Big Tech company.
February 25, 2025
Telefónica's $1.2B Argentina Unit Sale Faces Antitrust Probe

The president of Argentina has disclosed plans to probe whether the $1.25 billion sale by Spanish telecommunications giant Telefónica of its business in the South American country to Telecom Argentina will create a monopoly.
February 24, 2025
Apple Exec Had Doubts Over New App Store Fee Compliance

Apple fellow Phil Schiller testified Monday during a high-stakes compliance evidentiary hearing that he had initially been concerned that Apple's decision to implement a new 27% commission on purchases made outside Apple's App Store wouldn't comply with the court's 2021 anti-steering injunction in its yearslong antitrust fight with Epic Games.
February 24, 2025
US Steel, Nippon Urge Court Not To Toss Cleveland-Cliffs Suit

U.S. Steel and Nippon Steel have pressed a Pennsylvania federal court to leave intact their suit accusing Cleveland-Cliffs and United Steelworkers union leadership of illegally conspiring to prevent their planned $14.9 billion merger, arguing that they're trying to block an "unlawful agreement," not shut down political speech.
February 24, 2025
CPKC Tells DC Circ. Gov't Merger Approval 'Airtight'

Canadian Pacific Kansas City is defending the government's approval of the $31 billion merger that created the railroad, telling the D.C. Circuit to reject a challenge to that decision because there was no flaw in the Surface Transportation Board's findings.

Expert Analysis

Searching For Insight On Requested Google Chrome Remedy

The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
Opinion

3 New Year's Resolutions For Antitrust Agencies To Consider

James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
FTC Focus: A Changing Of The Guard

While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
5 Antitrust Issues For In-House Counsel In 2025

Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
Series

Fixing Up Cars Makes Me A Better Lawyer

From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
2024 Has Been A Momentous Year For ESG

Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
Making The Pitch To Grow Your Company's Legal Team

In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025

U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
4 Trade Secret Pointers From 2024's Key IP Law Developments

Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing

The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
Using Contracts As Evidence Of Trade Secret Protection

Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
2025's Midmarket M&A Terrain May Hold A Few Bright Spots

Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.