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Competition
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Featured
High Court Allows FTC Firing, Will Review Trump's Power
The U.S. Supreme Court ruled Monday that President Donald Trump can fire Democratic Federal Trade Commissioner Rebecca Slaughter without cause, and it agreed to reconsider limits on the president's authority to remove members of the FTC.
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October 07, 2025
Bondi Declines To Discuss James Comey Indictment
Appearing before the Senate Judiciary Committee on Tuesday, U.S. Attorney General Pam Bondi deflected when questioned on the recent indictment of former FBI Director James Comey and other controversies involving the U.S. Department of Justice.
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October 07, 2025
Willkie Adds Ex-Asst. Solicitor General As Group Head
Willkie Farr & Gallagher LLP has added a former assistant to the solicitor general as its new firmwide chair of appeals and strategic motions practice group, the firm announced Tuesday.
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October 07, 2025
Class Reps Vie To Bring Rival Ad-Price Claims Against Google
A former judge and a competition law scholar on Tuesday fought to bring rival multibillion-pound class actions against Google over allegedly unfair advertising pricing practices, each arguing at a London tribunal that they would be the better candidate to take on the tech giant.
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October 07, 2025
Europe Clears €1.4B Buyout Of Irish Hotel Group
Irish hotel group Dalata said Tuesday that Europe's competition authority has given the green light to a €1.4 billion ($1.6 billion) planned takeover of the company, paving the way for the deal to be sanctioned by an Irish court.
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October 06, 2025
NASCAR Pans Antitrust Suit As 'Frontal Assault' On Charters
NASCAR's charter system does not restrain trade and is good for the sport, the league said in asking a North Carolina federal judge to find it has not committed antitrust violations, pointing in part to the support of other team owners who allegedly want the monopoly suit put to bed.
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October 06, 2025
SAP Expands Celonis Fight With Delaware Patent Suit
German software firm SAP SE has filed a suit in Delaware federal court against Celonis SE that alleges infringement of patents related to business management software, expanding a legal battle between the two already going on in other litigation in the U.S. and Europe.
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October 06, 2025
Dish, AT&T Must Give Up Docs In T-Mobile-Sprint Merger Case
An Illinois federal magistrate judge ordered Dish and AT&T to produce key documents in a proposed consumer class action targeting T-Mobile over its purchase of Sprint, finding the material from the wireless companies, especially Dish, to be centrally important to the suit.
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October 06, 2025
Pioneer Couldn't Deliver Gas During Storm, Court Hears
Pioneer Natural Resources USA Inc. told a Texas federal court Monday that Winter Storm Uri made it impossible to deliver about $9 million worth of natural gas to an energy trading company, saying during a Monday bench trial that the storm exempted it from its contractual obligations.
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October 06, 2025
Broadcasters Say FCC Can Nix Nat'l Ownership Cap. It's Iffy
Top TV station chains insist the Federal Communications Commission has clear authority to scrap a decades-old cap on national audience share controlled by any one company. But they're wading into a murky legal area almost certain to prompt a flood of litigation.
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October 06, 2025
Nokia, Ericsson Lose PTAB Challenge To Wireless Patent
The Patent Trial and Appeal Board has refused to toss certain claims in a wireless communication technology patent challenged by Ericsson and Nokia, finding the companies failed to show the claims were obvious.
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October 06, 2025
Supreme Court Isn't Pausing Google Play Store Order
The U.S. Supreme Court refused on Monday to pause a sweeping injunction requiring Google to change its app store policies in a case being brought by Epic Games Inc., after the tech giant argued that the changes threaten the security and privacy of Android users.
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October 06, 2025
Pa. Hospitals Ink $28.5M Deal In No-Poach Deal Antitrust Fight
Two hospitals will pay a combined total of $28.5 million to approximately 12,000 healthcare workers who alleged the defendants illegally agreed not to poach each other's doctors and nurses, which suppressed wages and job mobility opportunities in the area, according to a preliminary approval motion filed Friday in Pennsylvania federal court.
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October 06, 2025
Womble Bond Atty Tells 4th Circ. He Didn't Mislead Dutch Court
There's no evidence that Womble Bond Dickinson partner Pressly Millen misled a Dutch court or violated a federal judge's correction order in a $28 million trademark dispute, Millen has told the Fourth Circuit in a bid to reverse a contempt order against him.
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October 06, 2025
Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies
The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future.
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October 06, 2025
Justices Asked To Narrow Honest Services Fraud In FIFA Case
A South American sports marketing firm has asked the U.S. Supreme Court to review its reinstated bribery convictions, arguing that the Second Circuit's "extreme" application of honest services fraud law expanded the ability to secure convictions based on a private code of conduct.
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October 06, 2025
DOJ Antirust Ace, Whistleblower Joins HSF Kramer
The former deputy assistant attorney general of the U.S. Department of Justice's Antitrust Division, who in 2020 said then-Attorney General Bill Barr investigated several cannabis company mergers because he disliked the industry, has joined Herbert Smith Freehills Kramer LLP's team in the nation's capital.
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October 06, 2025
Baseball's Antitrust Exemption Escapes High Court Review
The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.
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October 06, 2025
Qualcomm Accused Of Driving Up Phone Prices At £480M Trial
British consumer group Which told a London tribunal that Qualcomm drove up Apple and Samsung phone prices by threatening to cut component supply in patent license negotiations, kicking off the trial of its £480 million ($655 million) case on Monday.
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October 06, 2025
High Court Won't Review NYC Bus Tour Antitrust Case
The U.S. Supreme Court refused on Monday to review a New York City tour bus operator's case accusing a group of rivals of combining their operations and using the partnership to squash competition for hop-on, hop-off tour bus service.
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October 06, 2025
Justices Won't Review Live Nation's Arbitration Terms
The U.S. Supreme Court refused Monday to grant Live Nation's request for clarity about whether federal arbitration law covers "alternative" forms of arbitration after the Ninth Circuit found Ticketmaster's consumer arbitration agreement cannot be enforced in an antitrust case.
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October 06, 2025
High Court Refuses To Review Revived SAP Tying Claims
The U.S. Supreme Court denied a request on Monday from German software giant SAP to review a ruling that revived Teradata's antitrust claims over the alleged tying of software and database products.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
Justices Won't Review Blacklisting Case Against LegitScript
The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.
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October 06, 2025
Justices Deny Aviation Co.'s Appeal Over TM Trial Rights
The U.S. Supreme Court on Monday rejected an appeal from a personal aviation company that raised the question of whether parties in trademark infringement cases still have a right to a jury trial when seeking an accounting of profits as the monetary remedy rather than damages.
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October 06, 2025
Justices Skip TM Dispute Over Pink Color In Hip Implants
The U.S. Supreme Court on Monday declined a German medical supplier's appeal challenging a Federal Circuit conclusion that the color pink in a hip joint implant part is not protectable trade dress because its purpose is functional.
Editor's Picks
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HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review
The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.
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Merger Settlements Return As Enforcers Keep Busy
The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.
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Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges
Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.
Expert Analysis
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Hybrid Claims In Antitrust Disputes Spark Coverage Battles
Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks
The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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What Novel NIL Suit Reveals About College Sports Landscape
A first-of-its-kind name, image and likeness lawsuit — recently filed in Wisconsin state court by the University of Wisconsin-Madison against the University of Miami — highlights new challenges and risks following the NCAA’s landmark agreement to allow schools to make NIL deals and share revenue with student-athletes, say attorneys at O'Melveny.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pemex Bribery Charges Provide Glimpse Into FCPA Evolution
A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.