Competition

  • September 09, 2026

    NC State Football Player Settles NCAA Eligibility Challenge

    A North Carolina State University football player dropped his suit against the NCAA on Wednesday after the organization granted him a waiver declaring him eligible to play this season.

  • September 09, 2026

    Disney Gets Fubo Streaming Rate Claims Sent To Arbitration

    A California federal court ordered Fubo subscribers to arbitrate their antitrust claims in a case accusing Disney of driving up the cost of subscriptions by forcing the streaming platform to carry a package of channels instead of just ESPN.

  • September 09, 2026

    Mackinac Island Says Ferry Operators Made Deposition Fight

    A northern Michigan island resort community has urged a federal court to reject ferry operators' bid to compel testimony from a city representative, arguing that the companies created the discovery dispute by refusing to narrow sweeping deposition topics covering as much as 16 years.

  • September 09, 2026

    Calif. Judge Hands Eli Lilly Mixed Bag In Compound Drug Row

    Eli Lilly failed to plausibly allege that a physician group and pharmacy conspired to falsely advertise compounded versions of its diabetes and weight loss drugs, but can continue with allegations they conspired to unfairly compete with Lilly, a California federal judge held.

  • September 09, 2026

    Mass. Justices Wary Of Easing Restrictions On Noncompetes

    Massachusetts top court justices hearing a case over a state law restricting noncompete provisions appeared reluctant Wednesday to carve out high-level employees who might sign such agreements as part of a separate deal for equity or other incentives.

  • September 09, 2026

    Class Settlement MDL Plaintiffs Say Cos. Hinder Disclosure

    Plaintiffs in a sprawling multidistrict case accusing class action settlement administrators of hiding kickbacks from financial institutions are accusing the defendant companies of stalling prediscovery planning through "piecemeal and inadequate" disclosures and are asking the D.C. federal judge presiding over the case to order disclosures.

  • September 09, 2026

    5-Hour Energy Rival Takes Antitrust Fight To 6th Circ.

    A rival of 5-Hour Energy is taking its beef with the energy shot maker to the Sixth Circuit after a Michigan federal judge refused to revive its claims that the company was keeping competitors out of the market by inking deals that require its products be displayed at checkout counters.

  • September 09, 2026

    Pa. Athletes Challenge Exclusion From NCAA Eligibility Rule

    More than a dozen student-athletes who graduated from high school in 2022 say they were unfairly excluded from a new NCAA rule granting five years of eligibility for competition, and asked a Pennsylvania state court for an order allowing them to reenroll for sports in the new school year.

  • September 09, 2026

    DOJ Deepens Probe Into Fox's $22B Roku Deal

    Fox Corp. and Roku disclosed Wednesday that the U.S. Department of Justice has launched an in-depth probe into Fox's purchase of Roku, stalling their ability to close the deal until the investigation wraps.

  • September 09, 2026

    Paramount Doubles Down On $1.9B Bond Bid In Merger Suit

    Paramount has insisted the Writers Guild of America and state attorneys general cannot avoid putting up a roughly $1.9 billion bond as they challenge the media company's $110 billion acquisition of Warner Bros. Discovery, saying their arguments against its bond bid fail under the Clayton Act.

  • September 09, 2026

    Mastercard Sued By 300 Hotels In Latest Swipe-Fees Case

    A group of 300 hotel companies has brought a competition claim against Mastercard, the latest in a series of swipe-fee dispute claims the payments giant has faced.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    Eli Lilly 'Sabotaged' Rezpeg's Development, Nektar Tells Jury

    Eli Lilly & Co. breached its deal with Nektar Therapeutics to co-develop the autoimmune-disease drug Rezpeg and instead "sabotaged" its development in favor of a different Eli Lilly drug, a Nektar lawyer told a California federal jury during opening statements Tuesday, while Lilly's counsel countered that Nektar was unharmed by the deal's termination.

  • September 08, 2026

    Cardboard-Makers Can't Duck Price-Fixing Class Action

    An Illinois federal judge has rejected a bid from major containerboard manufacturers to dismiss a class action accusing them of conspiring to fix prices, saying the plaintiff purchaser's allegations concerning six price increases were well plead and sufficient "to show parallel conduct."

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    Amazon Says No Need For Early Discovery In NJ AG's Case

    Amazon has told a New Jersey federal court there's no need to expedite discovery in the state's case accusing the e-commerce giant of using its market power to stifle competition for delivery drivers, saying the case belongs in front of the National Labor Relations Board.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    Amazon Nearly Controls Full Delivery Driver Market, Suit Says

    Amazon rigged its delivery service partner program to abuse its monopsony power, suppressing wages and imposing working conditions so atrocious that drivers resort to relieving themselves in water bottles to meet inhuman delivery requirements, according to a proposed antitrust class action filed in California federal court.

  • September 08, 2026

    Motorola Tells DC Circ. That Google Search Payments 'Vital'

    Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

  • September 08, 2026

    Auto Tools Trade Org. Says Antitrust Claims Are Baseless

    An automotive lift trade association and several lift manufacturers asked a Texas federal court to toss antitrust claims brought by a Texas manufacturer, saying that the manufacturer failed to state a viable claim under the Sherman Act.

  • September 08, 2026

    SEC Sues Proxy Adviser Firm ISS For Client Voting Records

    The U.S. Securities and Exchange Commission has asked a Pennsylvania federal court to enforce a subpoena against Institutional Shareholder Services, alleging the proxy advisory firm is improperly withholding information about the voting advice ISS gives institutional investors due to fears of retaliation.

  • September 08, 2026

    'Resilience,' Scale Up For Changes In EU Merger Overhaul

    With major European Union merger reforms due for finalization by the end of the year, the EU's top competition official said Sunday that enforcers plan to add more clarity to the draft merger guidelines, including by spelling out how improving environmental "resilience" can push transactions across the finish line.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes involving a former NFL star and a $2.5 million solar venture, Morgan Stanley's role in Fox Corp.'s planned $22 billion acquisition of Roku Inc., and JPMorgan Chase & Co.'s effort to pause more than $20 million in legal-fee payments to former Frank executives.

Expert Analysis

  • Teva MDL Loss Shows DPAs Can Return To Haunt Civil Suits

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    Teva’s recent partial summary judgment loss in antitrust multidistrict litigation reinforces the importance of carefully scrutinizing any statement of facts a company admits to in a deferred prosecution agreement, and illustrates the potential costs of resolving a criminal investigation this way, say attorneys at Sheppard.

  • 2 ECJ Rulings Give Guidance On Sport Agent Regs

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    The European Court of Justice recently settled two long-running disputes, Rogon and RRC Sports, by finding that the antitrust rules governing these leagues offer exceptions for regulating players' agents, and offering a path for sports associations to implement rules controlling services ancillary to their sport, say lawyers at Skadden.

  • Deal Termination Lessons From Verisk Merger Review Ruling

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    The Delaware Chancery Court’s recent ruling that Verisk Analytics forfeited its right to terminate a deal that was facing a second information request from the Federal Trade Commission illustrates the danger of information gaps between client and counsel and the risks of "willful conduct" language in merger agreements, say attorneys at HSF Kramer.

  • Prepping Health Businesses For Sale In A Data-Driven Market

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    In a thinner market for healthcare transactions, with both regulators and buyers using artificial intelligence to inspect data in great detail, the margin for error in sellers' financials and legal diligence has narrowed, requiring more proactive compliance efforts, says Cody Dumas at FBFK Law.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Drug Rulings Clarify Pricing Test And Penalty Reviews

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    The Court of Appeals’ recent drug price rulings in Pfizer v. Competition and Markets Authority and Auden Mckenzie v. CMA are both notable for how the court settled the legal test for excessive pricing, as well as for how it has restated the Competition Appeal Tribunal’s obligations when reviewing penalties, say lawyers at Wilson Sonsini.

  • FTC IonQ Review Unearths A Divide In Vertical Merger Remedy

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    The Federal Trade Commission's recent split decision to close its investigation into the merger between IonQ and SkyWater Technology offers a candid window into how enforcers may approach vertical merger concerns after a string of difficult government cases, says Nicholas Cheolas at Wiley.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • What Cos. Should Do During Stay Of Nasdaq Delisting Rule

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    The U.S. Securities and Exchange Commission recently approved — and subsequently stayed — Nasdaq's $5 million market value threshold for continued listing, giving companies additional time to evaluate financing opportunities, communicate with investors and consider strategic alternatives, says Joseph Lucosky at Lucosky Brookman.

  • NC Dental Review Change Counters Tougher National Trend

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    North Carolina’s elimination of its prior review requirement for dental management agreements departs sharply from the national trend toward expanded corporate practice of medicine oversight, but stakeholders should not view this regulatory shift as a relaxation of compliance expectations, say attorneys at Holland & Knight.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • 6 Key Takeaways From CFIUS Annual Report

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    Attorneys at Simpson Thacher review highlights from the annual report of the Committee on Foreign Investment in the U.S., released to Congress this month, including the launch of the American First Investment Policy and the Known Investor Pilot Program, and the agency's continued focus on enforcement despite its resource constraints.

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