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Competition
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Featured
FTC Chair Wants Merger Cases Filed Only In Fed. Court
Federal Trade Commission Chairman Andrew Ferguson said Friday that the agency should bring its merger challenges directly in federal court, rather than the agency's in-house administrative process, as it typically has done.
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March 11, 2026
Calif Wants Truck Cos., Feds' Clean Truck Pact Claims Nixed
California officials again asked a federal judge to gut key claims from heavy-duty truck manufacturers and the federal government challenging the 2023 deal in which the manufacturers agreed to stringent state emissions standards and stiff penalties for noncompliance in the coming years.
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March 11, 2026
Insulin Makers Ask Justices To Review Collusion Case
Sanofi-Aventis US, Eli Lilly & Co., Novo Nordisk Inc. and AstraZeneca Pharmaceuticals LP have told the U.S. Supreme Court that a ruling reviving a case over insulin drug costs undermines key rules meant to weed out improper antitrust claims.
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March 11, 2026
Tether, Bitfinex Appeal Class Cert. In Bitcoin Rigging Suit
Digital asset companies Tether and Bitfinex have petitioned the Second Circuit to review a New York federal judge's recent decision granting class certification to two classes of investors in a suit accusing the companies of rigging the cryptocurrency market and costing investors hundreds of billions of dollars.
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March 11, 2026
Fed's Bowman Eyes 'Fine-Tuning' Of Bank Merger Reviews
Federal Reserve Vice Chair for Supervision Michelle Bowman said Wednesday that federal regulators are taking a look at the competition metrics used to evaluate bank mergers, signaling potential changes to the thresholds that guide when deals raise antitrust concerns.
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March 11, 2026
NC AG Backs Merger Of Duke Energy's Two Carolina Utilities
The North Carolina Attorney General's Office has reached an agreement with Duke Energy over the proposed combination of its two subsidiary electric utilities serving the Carolinas, joining a growing list of other corporations and consumer advocacy groups that have also backed the merger.
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March 11, 2026
NHK Wants Seagate Antitrust Case Paused For High Court Bid
NHK Spring is asking the Ninth Circuit to pause an antitrust case from Seagate Technologies over the alleged fixing of hard drive component prices while the Japanese manufacturer petitions the U.S. Supreme Court for review.
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March 11, 2026
Biomedical Co. Settles Trade Secrets Case Against Ex-Worker
Biomedical company Skye Orthobiologics and a former employee have informed a California federal judge that they have settled a case accusing the ex-employee of breaching fiduciary duties by leveraging Skye's proprietary information.
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March 11, 2026
Theory Nixed But Not Claims Against Triumph In Pork Case
A Minnesota federal judge refused to rethink forcing Triumph Foods to face trial alongside other pork producers accused of price-fixing, concluding that even though one key theory was "inadequately pled," there remains enough of a dispute on another theory to go to a jury.
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March 11, 2026
Fanatics Seeks Sanctions Over 'False' Trading Card Claims
Fanatics asked a New York federal court to sanction the plaintiffs suing the platform over allegedly inflating trading card prices, arguing the consumers knowingly misstated the types of products the company was selling when they made their purchases.
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March 10, 2026
Judge Fumes As Live Nation Antitrust Trial Remains In Limbo
The status of Live Nation Entertainment's antitrust trial and proposed settlement over federal and state government claims of anticompetitive conduct remained up in the air Tuesday amid pushback by several states, while the Manhattan federal judge overseeing the case upbraided the parties for keeping him out of the loop about negotiations.
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March 10, 2026
Sanofi Says Judge Botched Insulin Device Patent Listings
Sanofi-Aventis sparred with drug wholesalers over a Massachusetts federal magistrate judge's pronouncements that the parties should go to trial on claims the pharmaceutical giant used improper insulin device patent listings to anticompetitively protect the blockbuster Lantus insulin pen from competition.
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March 10, 2026
Iowa Defends 5th Circ. Appeal Of Schwab Antitrust Settlement
Iowa's attorney general told the Fifth Circuit that its appeal of a Texas federal judge's final approval of a settlement ending an antitrust class action over The Charles Schwab Corp.'s merger with TD Ameritrade is proper, arguing the state's duty to protect consumers allows it to challenge the deal.
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March 10, 2026
CVS Can't 'Relitigate' Price-Gouging Class Cert.
A Rhode Island federal judge refused to narrow the certified classes of health plans alleging CVS schemed with pharmacy benefit managers to overcharge insured health plans for generic drugs, finding that PBM Express Scripts' refusal to produce its contracts changes nothing about how the classes will be assessed.
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March 10, 2026
Juul Says Court Wrongly Revived Wholesaler's Pricing Suit
Juul Labs and a wholesaler are asking an Illinois federal court to reconsider its revival of a price discrimination case brought by a rival wholesaler over e-cigarette sales, saying the decision was procedurally improper and wrong on the law.
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March 10, 2026
Former Conn. Prosecutor Can Stay On Generic-Drug Case
Connecticut's former assistant attorney general can continue to represent insurers Humana and Molina Healthcare Inc. in multidistrict litigation over alleged price-fixing of generic drugs, after the Pennsylvania federal judge overseeing the case agreed Monday with a report that the attorney has no information that had not already been shared.
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March 10, 2026
Judge Won't Block Millions In Salmon Hatchery Tribal Awards
A Washington federal judge won't block millions in Pacific salmon hatchery grants or set aside $22 million for two Indigenous nations that allege they were unfairly deemed ineligible for the funding, saying the tribes don't meet the standard for relief and are unlikely to succeed on the merits.
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March 10, 2026
Simpson Thacher Mistake Costs Catering Biz Merger Appeal
A tribunal has ruled that Aramark cannot attempt to appeal a decision by the competition regulator to block its merger with a Scottish rival, saying the U.S. hospitality company's lawyers filed its appeal hours after the deadline with no reasonable excuse.
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March 10, 2026
PlayStation Users Say Sony Made Them 'Captives' In £5B Trial
Sony has a "total grip" on the digital PlayStation market, lawyers representing millions of gamers said Tuesday at the opening of a £5 billion ($6.7 billion) class action against the tech giant, arguing it had made them "captives" of the brand and allowed Sony to raise prices and quash competition.
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March 10, 2026
Google, Epic Games Settle Play Store Fortnite Removal Fight
Google has reached a settlement over claims that it engaged in anticompetitive conduct by dropping the popular Fortnite video game from its Play Store after the game's maker, Epic Games, launched its own app payment system.
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March 09, 2026
9th Circ. Doubts Trial Judge Properly Nixed $4.7B NFL Verdict
A Ninth Circuit panel appeared open Monday to reversing at least portions of a lower court's ruling that scrapped a $4.7 billion class action antitrust jury verdict against the National Football League, with one judge saying the "fundamental problem" is the trial court took the verdict away from the jury.
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March 09, 2026
9th Circ. Won't Rethink Revival Of Price-Fixing Claim
The Ninth Circuit has refused a rehearing bid from Japanese manufacturer NHK Spring for a ruling that revived a number of Seagate Technologies' antitrust claims against it in a case concerning hard drive component prices.
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March 09, 2026
Valve Gamers Seek Fees After Co. Dropped Them From Suit
Gamers who were sued by Valve Corp. in an effort to stop hundreds of arbitration proceedings have urged a Washington federal judge to make the company cover their legal fees, arguing that as each defendant was dismissed from the lawsuit following a final arbitration award, they became a prevailing party entitled to recoup their costs.
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March 09, 2026
Archer Says Air Taxi Rival Joby Hid China Ties, Imports
Archer Aviation fired back at electric air-taxi competitor Joby Aviation's trade secret lawsuit Monday, launching counterclaims that accuse Joby of unfair competition and false advertising by allegedly concealing China-based sourcing and misclassifying imports to evade tariffs.
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March 09, 2026
DOJ Official Calls Live Nation Deal Win-Win As AGs Press On
The Justice Department's midtrial settlement with Live Nation on Monday created an instant rift with more than two dozen state attorneys general who vowed to press forward instead of accepting a deal that requires online ticketing technology to be open-sourced and forces the company to divest control over at least 13 amphitheaters.
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March 09, 2026
Judge Won't Toss Nokia Patent Claims Against Warner Bros.
A Delaware federal judge has refused to dismiss Nokia's claims that Warner Bros. infringed a set of video coding patents, saying he couldn't conclude that the patents lack an inventive concept that would meet the U.S. Supreme Court's Alice test.
Editor's Picks
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More Push In The 'Push-Pull' As DOJ Targets 'Gamesmanship'
The U.S. Department of Justice continues to build its task force targeting "gamesmanship" that it says BigLaw attorneys for major companies, especially technology platforms, are using to obstruct antitrust investigations — an effort that has been welcomed by some practitioners and questioned by others.
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FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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What To Expect From The Competition Appeal Tribunal In 2026
With a new president at the helm, potential government reform and a crowded trial calendar, lawyers say the next 12 months will see a Competition Appeal Tribunal with a more disciplined judicial culture.
Expert Analysis
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How The New Tariff Landscape May Unfold
To replace tariffs formerly imposed under the International Emergency Economic Powers Act, the administration will rely on a patchwork of statutes, potentially leading to procedural challenges and a complex tariff landscape with varying levels, durations and applicability, says Joseph Grossman-Trawick at King & Spalding.
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Series
Volunteering With Scouts Makes Me A Better Lawyer
Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.
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Compliance Takeaways Amid Subscription Practices Scrutiny
The Federal Trade Commission's prioritization of enforcement regarding deceptive billing and cancellation practices in recurring subscriptions, and new click-to-cancel rulemaking expected on the horizon, carry key takeaways for companies using recurring subscriptions to sell products or services, say attorneys at Arnold & Porter.
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Series
Law School's Missed Lessons: In Court, It's About Storytelling
Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.
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What US Arms Sales Reforms Mean For Defense Industry
A recent executive order with the goal of increasing U.S. arms sales transparency, speed and government-industry collaboration carries both promise and risk for the defense industry as the government seeks to leverage the private sector and use commercial products for defense purposes, say attorneys at Fluet.
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Aligning Microsoft Tools With NYC Bar AI Recording Guidance
The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.
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FTC Focus: Antitrust Spotlight On 'Acqui-Hires,' Noncompetes
A recent Federal Trade Commission focus on labor issues, like 'acqui-hire' deals, in which only a company's workforce is acquired, and noncompetes, shows that the agency is scrutinizing these issues on a case-by-case basis, necessitating a meaningful look at these transactions, particularly in the technology and artificial intelligence industries, say attorneys at Proskauer.
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A Single DOJ Corporate Enforcement Policy Raises Questions
The U.S. Department of Justice's soon-to-be-released uniform corporate criminal enforcement policy could address the challenges raised by the current decentralized approach, but it will need to answer a number of potential questions amid scant details, say attorneys at Pillsbury.
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WTO Most‑Favored‑Nation Reform May Hold Promise
When the World Trade Organization meets this month, it is expected to debate changing the most-favored-nation rule, a carefully calibrated loosening of which may be justified if it enables deeper liberalization and regulatory cooperation, says Alan Yanovich at Akin.
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5 Different AI Systems Raise Distinct Privilege Issues
A New York federal court’s recent U.S. v. Heppner decision, holding that a defendant’s use of Claude was not privileged, only addressed one narrow artificial intelligence system, but lawyers must recognize that the spectrum of AI tools raises different confidentiality and privilege questions, says Heidi Nadel at HP.
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Opinion
AI-Assisted Arbitration Needs Safeguards To Ensure Fairness
As tribunals and arbitral institutions increasingly use artificial intelligence tools in their decision-making processes, clear disclosure standards and procedural safeguards are necessary to ensure that efficiency gains do not erode the fairness principles on which arbitration depends, says Alexander Lima at Wesco International.
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Paramount-WBD Deal Would Widen Net For Antitrust Scrutiny
The fresh likelihood of a merger between Paramount and Warner Bros. Discovery raises the prospect of added intervention from the U.S. Department of Justice due to the companies' overlaps in key markets, and may signal expanded DOJ scrutiny of potential anticompetitive effects on supply chains, says Shubha Ghosh at the Syracuse University College of Law.
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Planning For M&A Complexity After New State 'Mini-HSR' Laws
After the recent enactment of California's mini-HSR law, and with Indiana poised to pass its own, requiring the submission of Hart-Scott-Rodino premerger notifications to state attorneys general, practitioners should expand their deal planning to include state-by-state reportability as more states adopt similar mandatory merger-notification requirements, say attorneys at McDermott.
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Series
Playing Piano Makes Me A Better Lawyer
Playing piano and practicing law share many parallels relating to managing complexity: Just as hearing an entire musical passage in my head allows me to reliably deliver the message, thinking about the audience's impression helps me create a legal narrative that keeps the reader engaged, says Michael Shepherd at Fish & Richardson.
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AI Trade Secret Conviction Highlights Espionage Risks
A California federal court's conviction last month of an ex-Google engineer who stole artificial intelligence trade secrets for the benefit of China is the latest in a series of foreign economic espionage cases and illustrates the urgent need for U.S. companies to implement robust security measures, says attorney Peter Toren.