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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 09, 2026
DOJ Official Calls Live Nation Deal Win-Win As AGs Press On
The Justice Department's mid-trial 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.
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March 09, 2026
Table Mountain Tribe Opposes Dismissal In Casino Land Case
The Table Mountain Rancheria has asked a California federal judge to deny another tribe's motion to dismiss its lawsuit against the U.S. Department of the Interior over a 40-acre land transfer for a casino project, saying the DOI will protect any interest the tribe might have.
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March 09, 2026
FTC Won't Quash NewsGuard Subpoena
The Federal Trade Commission has denied a request from news rating organization NewsGuard Technologies Inc. to quash a subpoena issued as part of an investigation into an alleged advertising boycott of conservative publishers, as the group fights the document demand in court.
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March 09, 2026
Senate Bill Eyes Letting Colleges Pool Sports Media Rights
A bipartisan bill in the works would allow colleges to pool their media rights in hopes of boosting their revenue, which could then trickle down to women's and Olympic sports programs.
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March 09, 2026
Bitcoin Classes Should Be Modified, Judge Says In Opinion
A New York federal judge narrowed the class definitions in a suit accusing Tether and Bitfinex of rigging the cryptocurrency market and costing investors hundreds of billions of dollars, after finding that there is no "clear-cut" injury for some investors.
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March 09, 2026
Sony's £5B Market Abuse Trial Will Test Limit Of CPO Regime
A £5 billion ($6.7 billion) collective action against Sony opens on Tuesday in a trial that lawyers say will provide a crucial indication of how the Competition Appeal Tribunal will analyze claims of market abuse against Big Tech companies.
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March 09, 2026
DOJ Deal With Live Nation Throws Antitrust Trial Into Disarray
U.S. Department of Justice lawyers told a Manhattan federal judge Monday that the government is settling its claims that Live Nation engaged in unlawful monopolization by tying ticket sales to the use of its venues, throwing an ongoing trial involving dozens of states into an uncertain posture.
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March 06, 2026
Disney To Pay $50M To End YouTube, DirecTV Stream Claims
The Walt Disney Co. will pay $50 million in its settlement with YouTube TV and DirecTV Stream users in antitrust litigation alleging Disney drove up the cost of streaming live pay television by forcing its pricey ESPN sports channel on streaming platforms, the plaintiffs have told a California federal judge.
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March 06, 2026
Actelion Pays $65M To Settle Tracleer Antitrust Class Suit
Actelion Pharmaceuticals Ltd. agreed to pay $65 million to resolve antitrust claims from a certified class accusing it of illegally denying generics companies the samples they need to produce generic versions of its hypertension drug Tracleer, according to a brief in Maryland federal court seeking preliminary approval of the settlement.
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March 06, 2026
Ex-Exec Can't Skirt Ammo Tech Secrets Suit, NC Judge Says
A former director and plant manager at track-and-trace company Jekson USA Inc. couldn't secure a pretrial exit, a North Carolina Business Court judge has said, ruling the company pled its trade secret and contract breach claims with enough specificity.
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March 06, 2026
Scholars Back Rail Cos. Against Fuel Surcharge Suit Revival
Academics and former U.S. antitrust officials have backed Union Pacific, CSX, Norfolk Southern and BNSF against rail shippers asking the D.C. Circuit to revive their suit alleging collusion on freight fuel surcharges, arguing there was nothing collusive about the response to jumps in oil prices in the 2000s.
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March 06, 2026
Duke Energy Settles Monopoly Suit On Eve Of Jury Trial
Duke Energy has settled a Florida-based power provider's monopoly suit on the eve of a jury trial in North Carolina, just two months after the U.S. Supreme Court refused to review a Fourth Circuit ruling that revived the antitrust claims, according to a notice filed Friday.
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March 06, 2026
Senate Dems Float Bill To Break Up 'Meatpacking Monopoly'
Senate Democrats have introduced a bill to break up the country's largest meatpacking conglomerates over concerns that concentration in the beef, pork and chicken sectors has contributed to higher food prices and worse deals for farmers.
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March 06, 2026
Constantine Cannon Defends Handling Of Sutter $75M Fee
Constantine Cannon LLP pushed back against Schneider Wallace Cottrell Kim LLP's allegations it unfairly reduced Schneider Wallace's share of a $75.4 million fee award in Sutter Health's $228.5 million antitrust deal, arguing in California federal court that the firm "sat on the sidelines" for most of the decadelong fight and isn't entitled to a bigger cut.
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March 06, 2026
Express Scripts Ducks RICO Suit Over Acthar Price Hike
Express Scripts Inc. and its affiliates may have worked with drugmaker Mallinckrodt to hike the price of seizure medication Acthar from $40 to $40,000, but a proposed class action by third-party payors failed to allege the high prices were a result of fraud, a Pennsylvania federal judge ruled.
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March 06, 2026
'Which' Fights To Keep Free ICloud Users In £3B Apple Claim
Which has urged the Competition Appeal Tribunal not to strike out iCloud users who never paid for the services from its proposed £3 billion ($4 billion) collective action claim against Apple, arguing that they have suffered a loss.
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March 06, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen British American Tobacco sued by more than 100 investors, the government bring a claim against a COVID-19 supplier of personal protective equipment, Annington Funding sue its new corporate trustees on the Financial List, and Piers Morgan hit with a defamation claim from a pro-Israel barrister he interviewed on his YouTube channel.
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March 05, 2026
'Addiction' Became A 'Dirty Word' At Instagram, Jury Hears
A former executive and consultant for Meta testified Thursday in bellwether litigation over claims that its subsidiary Instagram is harmful to children, telling a Los Angeles jury that between his two stints with the company, he saw "addiction" go from an openly researched topic to a taboo "dirty word."
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March 05, 2026
Berkshire Unit Wants Out Of Broker Commission Fees Suit
A Berkshire Hathaway unit that owns real estate brokerage HomeServices of America Inc. urged a Missouri federal court to grant its quick win bid against an antitrust class action that accused the National Association of Realtors and brokerages of running an anticompetitive scheme that inflates buyer-broker commission fees.
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March 05, 2026
NCAA Takes Eligibility Battle With QB To Miss. Supreme Court
The NCAA on Thursday asked the Mississippi Supreme Court to overturn a lower court injunction allowing star quarterback Trinidad Chambliss to exceed its eligibility limits and play football next season for the University of Mississippi.
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March 05, 2026
Signal 'Never' Regular Biz Practice, Amazon Tells FTC Judge
Amazon.com Inc. assailed the Federal Trade Commission for accusing the company of using auto-deleting Signal chats and improper privilege claims to hide evidence of rules that created an artificial pricing floor across online retail stores, telling a Washington federal judge that it never hid anything.
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March 05, 2026
9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal
A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.
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March 05, 2026
Nielsen Urges 2nd Circ. To Nix Data-Tying Order
Ratings provider Nielsen has told the Second Circuit that a lower court injunction blocking it from conditioning access to its nationwide radio ratings data on the purchase of local market data intruded on its private price negotiations with radio giant Cumulus Media.
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March 05, 2026
Fed. Circ. Mulls Patents In Penile Implant Trade Secret Win
A Federal Circuit panel on Thursday grilled both sides in a trade secret dispute over penile implants that resulted in an $18.3 million judgment against defendants, repeatedly questioning attorneys about whether existing patents doomed the trade secrets claimed by International Medical Devices and its founder, Dr. James Elist.
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.