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Competition
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Featured
Google Says Rival 'Indisputably' Too Late For Search Fix
Google urged a D.C. federal judge Friday to ignore a search advertising rival's attempt to weigh in on the Justice Department's bid to force the syndication of search and search advertising results, castigating the "neither relevant nor useful" amicus brief as filed more than two months too late.
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August 21, 2025
Cannabis Cos. Face $2.9M IT Judgment After Attys Quit
Subsidiaries of Canadian cannabis company Halo Collective Inc. were hit with a nearly $2.9 million judgment over claims that they infringed on a Colorado-based firm's patents, losing the litigation after their attorneys withdrew because they could "no longer pay."
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August 21, 2025
FTC Warns Tech Cos. To Honor Data Vows In Foreign Dealings
The head of the Federal Trade Commission on Thursday cautioned Meta, Google, Apple, Amazon and other major tech companies to refrain from weakening data security protections or censoring content in response to pressure from foreign governments, reminding them that reneging on promises they make to U.S. consumers could land them in hot water with the agency.
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August 21, 2025
1st Circ. Rejects Flyers' $34M Fee Bid In JetBlue-Spirit Case
Passengers who launched an antitrust challenge to the since-scrapped JetBlue-Spirit Airlines merger are not eligible to collect up to $34 million in legal fees, the First Circuit ruled Thursday, finding that because the deal was blocked in a parallel government case, the passengers are not actually the prevailing parties.
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August 21, 2025
Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing
A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing.
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August 21, 2025
Nikola SPAC, Related Settlements Reach $33.75M In Del.
A multi-court string of settlements has produced a $33.75 million proposed payout for stockholders who alleged in direct and derivative state and federal actions that they were misled in deals that took electric vehicle maker Nikola Corp. public.
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August 21, 2025
Home Depot's $5.5B GMS Deal Gets DOJ Clearance
The U.S. Department of Justice has prematurely ended a waiting period that prevented Home Depot's $5.5 billion acquisition of building products distributor GMS Inc. from closing, a day before the home improvement retailer's Friday cash tender offer expiration date, Home Depot announced on Thursday.
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August 21, 2025
GTCR Deal A 'Smokescreen' For Coatings Merger, FTC Says
GTCR BC Holdings LLC's $627 million bid to buy the nation's largest medical device coatings company is a blatant attempt to overwhelmingly dominate an already highly concentrated market, and the "smokescreen" of a partial divestiture shouldn't convince anyone otherwise, the Federal Trade Commission told an Illinois federal judge Thursday.
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August 21, 2025
Tire Cos. Resist Bid To Add EU Probe Info to Price-Hike Suit
Tire manufacturers including Bridgestone, Goodyear and Michelin are urging an Ohio federal court not to let buyers update their antitrust case accusing the companies of fixing prices to include additional allegations stemming from a European Commission investigation.
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August 21, 2025
Epic Says Google Can't Dodge App Store Trade Libel Claims
Video game and software developer Epic Games Inc. has told a California federal court that Google LLC can't eschew remaining state law claims in a trade libel suit because the alleged harms are new, not resurrected from claims in a separate case.
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August 21, 2025
Minor Leaguers Ask Justices To Kill MLB Antitrust Exemption
Former players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages are asking the U.S. Supreme Court to take up the case and overturn baseball's century-old exemption from antitrust law.
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August 21, 2025
Some Chinese Fiberglass Imports Face Steep Early Duties
Chinese fiberglass door panels entering the U.S. from certain exporters face preliminary countervailing duties above 900% after those companies were unresponsive during an investigation conducted by the U.S. Department of Commerce, according to a notice published Thursday.
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August 21, 2025
Alston & Bird Hires Former FTC M&A Overseer In DC
The former leader of the Federal Trade Commission's Bureau of Competition unit dedicated to reviewing mergers and acquisitions is joining the antitrust team at Alston & Bird LLP's Washington, D.C., office, the firm announced Wednesday.
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August 21, 2025
UK May Scale Back CPO Regime Amid Pressure From BigTech
Britain's class action regime could be pared back as part of a government review amid pressure from BigTech companies facing multiple, costly claims and as economic growth slows, lawyers say.
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August 20, 2025
Visa Deal Does Not Bar Other Swipe Fee Claims, Judge Rules
A New York federal judge on Wednesday ruled that Visa cannot enforce a $5.54 billion settlement in long-running multidistrict antitrust litigation against a class of Visa debit cardholders in a separate, similar suit, finding that the deal does not cover their claims, and therefore the claims can't be released.
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August 20, 2025
Civil Rights Org. Urges FCC Not To Ditch Nat'l Ownership Cap
A civil rights group founded by the Rev. Al Sharpton said it would be a bad idea for the Federal Communications Commission to strip away ownership regulations that cap how many television stations any one company can own.
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August 20, 2025
Cannabis Co. Infringed Extraction Patents, Suit Says
A New York-based manufacturer of hemp-derived CBD products is using stolen techniques to make its vape cartridges, gummies and prerolled joints, according to a lawsuit filed by an intellectual property holding company.
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August 20, 2025
9th Circ. Told Apple, Google CEO Meeting Aids Antitrust Claim
A California crane operator training school's attorney told a Ninth Circuit panel Wednesday that a lower court erred in dismissing his client's suit alleging an antitrust conspiracy between Apple and Google because a meeting between the companies' CEOs should have been taken into consideration as supporting the claim.
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August 20, 2025
Envestnet Didn't Preserve Data In IP Suit, Special Master Says
A special master in Delaware federal court has recommended sanctioning Envestnet for failing to properly preserve data from a piece of log management software as part of a suit, accusing it of scheming to steal rival fintech software company FinApps' trade secrets.
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August 20, 2025
Wash. AG Wins $28M In Fees In Kroger-Albertsons Deal Fight
A Washington judge has awarded the state attorney general's office $28.4 million in legal fees for its efforts to block the merger between Kroger and Albertsons that was also challenged by the Federal Trade Commission, largely rejecting the grocery giants' objections to a total fee request of $32.4 million.
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August 20, 2025
Fed. Circ. Upholds Chinese Wire Duties Amid Commerce Flub
The Federal Circuit has upheld a U.S. Court of International Trade decision affirming antidumping duties on an American company importing aluminum wire and cable from China, finding the government was able to reject an effort to reduce the duty rate despite a purported procedural error.
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August 20, 2025
Schools Say Fee Concerns Doom Financial Aid Fixing Class
Universities accused of conspiring to limit financial aid offerings told an Illinois federal court that concerns raised by an attorney for the students about potential ethical violations involving attorney fees should prevent the court from certifying the class.
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August 20, 2025
Yacht Brokerage Fights Judge's Exclusion Reading
A yacht brokerage trade group urged a Florida federal court to reject a magistrate judge's recommendation freeing a professional liability insurer from covering the group in an antitrust class action, arguing that the magistrate judge misinterpreted a "standard setting" exclusion.
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August 20, 2025
Google To Pay $35M For Australian Search Antitrust Violations
Google has agreed to pay $55 million to settle antitrust claims brought by Australia's competition regulator over deals to preinstall its search engine on Australian phones.
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August 20, 2025
Device Co. Pans FTC's Resistance To $945M Heart Valve Deal
Edwards Lifesciences Corp. is defending its planned $945 million purchase of JenaValve Technology Inc., telling the Federal Trade Commission the deal is the best way to bring a new lifesaving treatment for a heart valve disorder to the market.
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August 20, 2025
State AGs Sidelined From Sandoz Price-Fixing Deal
A group of over 40 states and territories cannot intervene in a $275 million settlement resolving generic-drug price-fixing claims against Sandoz because they only have a nominal interest in the suit that fails to confer standing, a Pennsylvania federal judge said.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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How Big Pharma Has Responded To FTC Delisting Demands
Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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DOJ Whistleblower Program May Fuel Criminal Antitrust Tack
A recently launched Justice Department program that provides rewards for reporting antitrust crimes related to the U.S. Postal Service will serve to supplement the department’s leniency program, signaling an ambition to expand criminal enforcement while deepening collaboration across agencies, say attorneys at Crowell & Moring.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.