Competition

  • May 26, 2026

    Apple, OpenAI Say X Refusing To Allow Some Depositions

    Apple Inc. and OpenAI Inc. told a Texas federal court that X Corp. wrongly stymied their ability to take depositions from X employees amid the social media company's sweeping antitrust suit, saying that X has refused to schedule the required number of depositions.

  • May 26, 2026

    FTC Tells DC Circ. That Meta Monopoly Judge Botched Timing

    The Federal Trade Commission has urged the D.C. Circuit to revive its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram, arguing the district court wrongly held the question of monopoly to when the case went to trial, not when the FTC sued.

  • May 26, 2026

    Conn. Drug Price Law Still Allows Hikes, 2nd Circ. Told

    Wholesale distributors that abide by Connecticut's drug price cap law can hike the cost of their other products to ensure they don't suffer losses, the state told the Second Circuit Tuesday, raising the ire of the companies trying to invalidate the new statute.

  • May 26, 2026

    Tekion Defends CDK Dealer Software Monopoly Claims

    Tekion Corp. is defending its antitrust claims accusing CDK Global LLC of monopolization, telling a California federal court that the auto dealership management software giant is withholding data that shows its dominant share of the market.

  • May 26, 2026

    NCAA Punts Vote On Five-Year Eligibility Plan To Next Month

    The NCAA Division I Cabinet could vote in June on streamlined eligibility rules for athletes to give them five years to compete, after the cabinet discussed but did not vote on the age-based proposal in its latest meeting.

  • May 26, 2026

    Titan Of The Plaintiffs Bar: Cohen Milstein's Brent Johnson

    Brent W. Johnson is helping to pioneer the use of antitrust law to tackle collusion in low-wage labor markets with work that includes representing workers from poultry- and meat-processing plants in a pair of cases that led to more than $600 million in settlements last year.

  • May 26, 2026

    Wheel Maker Accuses Competitor Of Patent Infringement

    A Michigan company that manufactures wheels used in heavy equipment has sued a rival business, alleging its patents were being infringed and that the two sides had been unable to come to a resolution to avoid litigation.

  • May 26, 2026

    College Athletes Say NIL Oversight Loophole Hurts Women

    A group of female athletes told a California federal judge that attempts to eliminate certain revenue streams from the NCAA's $2.78 billion class action settlement benefits mostly male athletes while diminishing the protections for women in college sports.

  • May 26, 2026

    Zillow's Chicago Home Listings Restored In Antitrust Case

    An Illinois federal judge temporarily restored Zillow's access to some 40,000 Chicago-area home listings that the company argued were wrongly withheld by Compass and a multiple listing service after the platform sought to enforce a ban on posts broadcast first on the private market.

  • May 22, 2026

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, 10 lawyers across the country at plaintiffs' firms big and small helped secure millions of dollars in settlements and verdicts for their clients, going up against powerful defendants like Google, Monsanto and the Trump administration, earning the attorneys recognition as Law360's Titans of the Plaintiffs Bar for 2026.

  • May 22, 2026

    Kalshi, Polymarket Can't Move Wash., Nev. Suits To Fed. Court

    Washington and Nevada regulators' lawsuits accusing prediction markets Kalshi and Polymarket of violating state gambling laws can proceed in their respective state courts, a Ninth Circuit panel ruled Thursday, denying the companies' arguments that the actions raise federal questions and thus belong in federal court.

  • May 22, 2026

    Why Big Tech Gets Advisory Juries In 'Socially Explosive' Suits

    A California federal judge's recent use of advisory juries for high-profile tech disputes — including Elon Musk's OpenAI for-profit conversion challenge and states' social-media addiction fight with Meta — is an uncommon practice that's intended as a "reality check" for judges deciding "socially explosive" disputes, according to legal experts.

  • May 22, 2026

    Bears' Best Gameplan: Playing Ill. And Ind. Off Of Each Other

    Creating a multibillion-dollar competition between Illinois and Indiana to build the Chicago Bears' new stadium is a strategy that has become increasingly popular among pro franchises that can leverage tax and financial incentives, and even real estate deals.

  • May 22, 2026

    DOJ Demands Divestiture For Acquisition Of Concrete Plants

    The U.S. Department of Justice is requiring a Japanese cement company and its CalPortland subsidiary to divest three ready-mix concrete plants to a Southern California company to address antitrust concerns arising from CalPortland's proposed $712 million acquisition of construction giant Vulcan Materials' Golden State concrete plants, the agency announced.

  • May 22, 2026

    5th Circ. Seeks 'Sound Basis' To Gauge Water Antitrust Claims

    The Fifth Circuit has remanded a real estate developer's antitrust claims over a Texas city's alleged illegal restraint on retail water utility services, saying a lower court did not give the appeals court a "sound basis" to examine the claims.

  • May 22, 2026

    States Seek Ticketmaster Sale As Live Nation Wants New Trial

    State enforcers say they want a federal court to split up Live Nation and Ticketmaster following a New York federal jury verdict that Live Nation had harmed competition by monopolizing ticket sales for large concert venues, even as the concert promotion giant sought to undo the verdict against it or to be granted a new trial.

  • May 22, 2026

    Nexstar Says It Needs Tegna Deal To Compete With Big Tech

    Nexstar Media Group Inc. told a California federal court it needs to merge with Tegna Inc. to compete more effectively, especially with streaming services owned by the Big Tech giants, as it faces a challenge to the deal from state enforcers and DirecTV.

  • May 22, 2026

    OpenAI Must Produce Musk Case Depos In NY Copyright MDL

    OpenAI was ordered to turn over deposition testimony from three executives that was taken in the course of Elon Musk's California case challenging the company's conversion into a for-profit entity to a group of authors and news organizations suing over the alleged use of copyrighted content to train artificial intelligence models.

  • May 22, 2026

    Fed, OCC Urged To Block 'Predatory' Enova's Bank Buy

    A pair of Senate Democrats cautioned financial regulators about greenlighting fintech lender Enova International's application to become a national bank holding company, calling it a "predatory lender."

  • May 22, 2026

    Latest HVAC Suit Says Price Hikes Were Coordinated

    Seven HVAC companies, including Rheem, Trane, Carrier and Lennox, engaged in price-fixing and inventory manipulation using the COVID-19 pandemic as a cover, Arkansas-based HVAC contractor Reliance Heating and Cooling alleged in a civil antitrust suit filed in Michigan federal court Friday.

  • May 22, 2026

    Google Urges DC Circ. To Nix DOJ's Search Win

    Google told the D.C. Circuit Friday the government is using antitrust law to punish a successful competitor as it looks to overturn a trial court's ruling finding that Google illegally maintained its search monopoly.

  • May 22, 2026

    Chicago MLS Says Zillow's Lost Access Is 'Self-Inflicted'

    A multiple listing service said Friday that Zillow is risking the loss of 40,000 home listings over its effort to exclude nine privately circulated posts, as the company seeks to enforce a ban on private home listings with a temporary injunction and antitrust lawsuit. 

  • May 22, 2026

    Taxation With Representation: Goodwin, McGuireWoods

    In this week's Taxation With Representation, Equity Residential and AvalonBay Communities Inc. combine, investment firms CVC and Groupe Bruxelles Lambert lead a group of investors to buy pharmaceuticals company Recordati SpA, and NextEra Energy and Dominion Energy merge.

  • May 22, 2026

    USI Says Ex-Producer Took Clients To Rival Brokerage

    A former producer at the insurance brokerage giant USI has breached his employment agreement by siphoning clients for his own competing company, according to a federal contract suit filed in Connecticut.

  • May 22, 2026

    Trump's Melding Of Politics, Antitrust Hard To Roll Back

    Environmental initiatives, diversity programs, anti-misinformation efforts and gender-affirming care have become central targets for President Donald Trump's antitrust enforcers in what observers say is an increasing trend of politically tinged competition enforcement.

Expert Analysis

  • NIL Contracts Test Limits On College Football Transfers

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    College football's new legal era of direct payments to players and fewer transfer restrictions has put contractual provisions in play, and stipulations such as termination clauses and repayment obligations require added scrutiny as the name, image and likeness system evolves, says Kevin Paule at Hill Ward Henderson.

  • DOJ Activity Indicates Rising Antitrust Risk For Hospitals

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    Two civil actions filed by the U.S. Department of Justice against New York-Presbyterian Hospital and OhioHealth, both alleging that the hospital systems used their market power to stifle competition, highlight the government's growing scrutiny of barriers to lower-cost insurance options, say attorneys at Freshfields.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Recent Benchmarking Suits Highlight DOJ Enforcement Risks

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    The U.S. Department of Justice's recent settlements with RealPage and Agri Stats inform the level of antitrust risk surrounding the use of benchmarking services and suggest an aggressive enforcement approach, particularly with respect to granular data and nonprice data reporting, say attorneys at Axinn.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • What Jury Holdouts Can Teach Trial Lawyers About Strategy

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    Though a hung jury can be a disappointment, a psychological understanding of jury holdouts can help trial lawyers shape their damages arguments and understand leadership and group composition as a function of jury selection, says Clint Townson at Townson Litigation.

  • Food Kiosk Merger Offers FTC Insights For Dealmakers

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    The Federal Trade Commission's recent approval of 365 Retail Markets' merger with fellow food-kiosk provider Cantaloupe balances structural divestiture with behavioral provisions, emphasizing the role of early engagement by the parties and the importance of tailored remedies in concentrated markets, say attorneys at Freshfields.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Nexstar Offers A Cautionary Tale On State-Level Deal Scrutiny

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    State-enforcement challenges to the $6.2 billion Nexstar-Tegna merger remind legal practitioners that federal approval isn't always sufficient to deliver certainty on closing, integration and timetable assumptions, says Brett Story at Britehorn Securities.

  • How 'Bundling' Enforcement Is Parsing Efficiency, Access

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    Recent antitrust enforcement actions have taken a selective view of companies' bundling of products or services — challenging it when it shuts out rivals, but tolerating it when it creates efficient scale — making the real test now less about lower prices than about whether competition is being blocked, says attorney Alan Kusinitz.

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