Competition

  • June 24, 2025

    Arkansas Insurance Dept. Fights Teamsters Plan's ERISA Suit

    The Arkansas Insurance Department is looking to sink a challenge to a state insurance regulation filed by a Teamsters healthcare plan, telling an Illinois federal judge that the regulation isn't preempted by the Employee Retirement Income Security Act and, besides, the plan can't sue the department.

  • June 24, 2025

    9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit

    Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.

  • June 24, 2025

    Rail Fuel Surcharge MDL Tossed In Sealed Opinion

    Union Pacific Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Corp. and BNSF Railway Co. scored a decisive win Tuesday against roughly 18 years of price-fixing litigation accusing the country's four largest railroad companies of colluding on freight fuel surcharges, in a sealed opinion issued in D.C. federal court.

  • June 24, 2025

    Key House Republican Calls For Telecom Law Reforms

    A top House Republican called Tuesday for reform of the 1992 Cable Act and for loosening the Federal Communications Commission's limits on broadcast media ownership, which he says would help modernize telecommunications law.

  • June 24, 2025

    Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban

    California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.

  • June 24, 2025

    Visa Can't Duck DOJ's Debit Card Monopoly Case

    A New York federal court has refused to throw out the U.S. Department of Justice's case accusing Visa of illegally maintaining a monopoly over debit card networks, rejecting arguments about the market at issue, discounts offered and the scope of deals with would-be competitors.

  • June 24, 2025

    Another Musk Case, Another Judge Recusal

    A California federal magistrate judge on Tuesday became the latest federal judge to recuse from a case involving Elon Musk, this time stepping down from handling his lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise.

  • June 24, 2025

    Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.

    Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.

  • June 24, 2025

    CMA Outlines Potential Fixes For Google Search In UK

    Britain's competition authority on Tuesday proposed applying the country's new digital markets regime to Google's search service and said it is considering potential interventions, including requiring choice screens and setting rules for search rankings.

  • June 24, 2025

    Judge Trims Homebuyer Antitrust Claims Against Brokerage

    A Pennsylvania federal judge found homebuyers showed enough to continue claims that brokerage Hanna Holdings effectively inflated costs for buyers by following rules set by the National Association of Realtors, even while rejecting claims that the firm colluded with competitors.

  • June 23, 2025

    Palantir Reaches Deal With Ex-Employees In AI Secrets Case

    Palantir Technologies Inc. has reached a settlement with former employees it accused of stealing trade secrets to launch a competing artificial intelligence business, according to a notice asking a New York federal judge to let Palantir permanently dismiss its claims.

  • June 23, 2025

    FTC Tells Court Not To Pause Meta's Privacy Order Challenge

    The Federal Trade Commission is pushing back on Meta's request to stay the company's constitutional challenge to the commission's bid to bar the Facebook parent from monetizing children's data for 90 days, saying Meta has done nothing to show it could be harmed by continuing the case.

  • June 23, 2025

    9th Circ. Revives Antitrust Counterclaims Against CoStar

    A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.

  • June 23, 2025

    Media Matters Sues FTC Over 'Retaliatory' Probe

    Media Matters filed a lawsuit against the Federal Trade Commission in D.C. federal court on Monday, asking a judge to shut down the agency's "retaliatory" investigation into the left-leaning media watchdog's reporting on Elon Musk's social media platform X, formerly Twitter.

  • June 23, 2025

    Google Foes Try To Hold Co. To DOJ's Ad Tech Win

    Website publishers, advertisers and others asked a New York federal court to all but seal Google's fate in their multidistrict litigation targeting the company's advertising placement technology business by holding it to the liability findings against the search giant previously won by the U.S. Department of Justice.

  • June 23, 2025

    X Nears Deal In Contract, Antitrust Fight With Data Scraper

    A California federal judge overseeing litigation launched by X Corp. accusing data scraper Bright Data Ltd. of improperly accessing its servers granted the parties' request to stay the case after receiving a joint stipulation stating they'd reached a settlement in principle and were "working diligently" to finalize the deal.

  • June 23, 2025

    Amazon Sanctioned For Hidden Discovery

    A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.

  • June 23, 2025

    FTC Puts Viewpoint Commitments In Ad Agency Mega-Deal

    The Federal Trade Commission said Monday it will allow Omnicom to move ahead with its planned $13.5 billion deal for Interpublic after the marketing giants agreed not to work with others to steer advertisers away from publishers based on their political viewpoints.

  • June 23, 2025

    Fubo Streamers Demand Own Attys In Disney Suit Settlement

    Subscribers to the Fubo streaming service asked a California federal judge to name them and their attorney the leads in the recent proposed settlement with Disney over the carriage fees for its sports streaming service, and to be "wary" of a motion to appoint the attorney for the two other classes of streaming customers as lead counsel.

  • June 23, 2025

    SAP Unlikely To Get Celonis Suit Nixed, But Antitrust Claims Iffy

    A California federal judge indicated Monday that he wasn't ready to completely toss technology company Celonis' suit alleging that software giant SAP is pushing it out of a market for business process analysis services but said he was having a "hard time wrapping my brain around your antitrust allegations."

  • June 23, 2025

    Boston Firm Says Competitor Had Secret Deal With Shareholder

    A Boston law firm is accusing a smaller personal injury practice of secretly steering cases and work to a now-former shareholder, including one case that led to a $5 million settlement, according to a lawsuit filed Monday in a Massachusetts state court.

  • June 23, 2025

    DraftKings Social Media Exec Agrees To Delete Rival's IP

    A social media director at DraftKings has agreed to delete alleged trade secrets from his personal ChatGPT account, which his former employer, rival PrizePicks, alleged he stole before changing employers.

  • June 23, 2025

    NC Judge Axes Trucking Co.'s Noncompete For Overreach

    A North Carolina state court judge has truncated a freight factoring company's suit accusing its former client services supervisor of luring clients to a competing business, finding that the complaint fell short of identifying the allegedly stolen trade secrets and that the former employee's noncompete is too broad to be enforced.

  • June 23, 2025

    Judge Lets NASCAR Antitrust Claims Against Teams Proceed

    A North Carolina federal judge Monday rejected a motion to dismiss counterclaims lodged by NASCAR in a lawsuit brought by two racing teams that are accusing the organization of antitrust violations, finding the matter would be best addressed at the summary judgment stage.

  • June 23, 2025

    Porsche Importer, Dealer Are Sued At CAT Over 'Reseller Ban'

    A premium sports car part reseller has sued two U.K. Porsche subsidiaries, accusing them of abusing their dominant position by refusing to sell vehicle components to independent repairers, Britain's antitrust tribunal said Monday.

Expert Analysis

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • State Tort Claims May Help Deter Bribes During FCPA Pause

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    As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.

  • Google Ad Tech Ruling Creates Antitrust Uncertainty

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    A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Pace Of Early Terminations Suggests Greater M&A Scrutiny

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    The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.

  • And Now A Word From The Panel: A Rare MDL Petition Off-Day

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    In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.

  • Customs Fraud Enforcement In The Age Of Tariffs

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    In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • The Legal Risks Of US Restrictions On Investments In China

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    The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 4 Ways Slater Is Priming DOJ For Continued Antitrust Success

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    Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.

  • What EU 'Killer Acquisition' Study Means For Pharma Deals

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    The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.

  • Why Texas Should Slow Down On Healthcare Merger Bills

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    More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Big Tech M&A Risk Under Trump May Resemble Biden Era

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    Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.

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