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Competition
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September 04, 2025
Admonished For 'Entitlement,' Pillsbury Atty Ducks Sanction
A Nevada federal judge opted against sanctions for Pillsbury Winthrop Shaw Pittman LLP partner Mark Krotoski, and instead issued a formal admonishment on the "entitlement" behind "misleading arguments and representations" about the reason an expert witness was unavailable during a wage-fixing and wire fraud trial.
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September 04, 2025
Justices Asked To Block FTC Commissioner Reinstatement
The Trump administration asked the U.S. Supreme Court on Thursday to block the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while it appeals a ruling that found her firing was illegal, and also asked the high court to take up the case.
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September 04, 2025
Music Lyrics Co.'s $1B Antitrust Suit Mostly Survives
A California federal judge largely refused to dismiss LyricFind Inc.'s $1 billion suit accusing a streaming music lyrics rival of using an exclusive deal with Warner Music to edge it out of the market, crediting claims about the importance of Warner while nixing some business interference allegations.
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September 04, 2025
Albertsons Says Kroger CEO Docs Fair Game In Del. Suit
An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.
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September 04, 2025
Stay Lifted On Merch Monopoly Case Against The NFL
A New York federal judge has lifted the stay on a lawsuit brought by fans that accuses the NFL, its teams and Fanatics of monopolizing sales of licensed league merchandise, resuming a motion-to-dismiss schedule that was paused pending the outcome of a similar lawsuit.
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September 04, 2025
Monthly Merger Review Snapshot
The Justice Department settled a challenge to UnitedHealth's $3.3 billion home hospice acquisition while Democrats called for a judge to reject a different government settlement and the Federal Trade Commission moved against medical technologies transactions for heart valves and device coatings.
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September 04, 2025
PBMs Look To Toss FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked to dismiss the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices, saying the agency is exceeding its authority to address "unfairness."
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September 04, 2025
NC Player Sues NCAA Over Eligibility Rule Enforcement
A college football player has sued the NCAA in North Carolina's business court alleging the organization violated state antitrust laws by denying him a waiver to play during the current season, ignoring that it was a coach's error that exhausted a year of his eligibility.
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September 04, 2025
US Steel, Nippon Drop Suit Against Cleveland-Cliffs, USW
U.S. Steel and its new parent company, Nippon Steel, have ended their lawsuit accusing rival steelmaker Cleveland-Cliffs Inc. and the United Steelworkers union of attempting to sabotage their merger earlier this year.
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September 04, 2025
Nissan Cartel Loss Claim Not Time-Barred, ECJ Rules
The European Union's top court ruled Thursday that time limits had not expired for the buyer of a Nissan vehicle who is ringing a damages claim against the carmaker for anticompetitive conduct.
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September 04, 2025
Sidley-Led Evri Merger With DHL UK Unit Cleared After Probe
The U.K. competition watchdog gave the green light on Thursday to the proposed merger of parcel delivery service Evri and the British e-commerce subsidiary of DHL Group, paving the way for the creation of a major postal logistics service in the country.
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September 03, 2025
Newsmax Says Fox Illegally Monopolizes Right-Leaning News
Newsmax sued Fox News in Florida federal court Wednesday, alleging Fox uses anticompetitive and exclusionary business practices to maintain its dominance over right-leaning television news.
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September 03, 2025
Judge Waves Off Need To Block NASCAR Charter Sales
A North Carolina federal judge on Wednesday denied another request for a preliminary injunction in two NASCAR teams' breakneck antitrust battle against the racing organization, finding its commitment not to sell any more charters this season is enough for the teams ahead of a December trial.
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September 03, 2025
Google Can Thank AI's Rise For Mixed Search Remedies
Despite Google's resounding defeat last year in the U.S. Department of Justice's case targeting its search monopoly, the company will face only a mixed bag of remedies aimed at propping up search engine rivals and limiting its distribution contracts.
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September 03, 2025
Derivative Claim Miss Dooms Chancery Squeeze-Out Suit
A minority stockholder suit alleging a $15 million "sham foreclosure" of storage venture Clutter Holdings Inc. — allegedly once worth $1.2 billion — was tossed Wednesday in Delaware's Court of Chancery, in a ruling that found the claims unsupportable or derivative and ineligible for direct investor recoveries.
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September 03, 2025
Amex Owes $12M In Antisteering Rule Suit, NY Jury Holds
A New York federal jury ordered American Express Co. to pay over $12 million to a class of Illinois consumers after finding the company liable under Illinois state law for overcharges that the class says they experienced due to so-called antisteering rules Amex imposed on merchants that accept Amex cards.
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September 03, 2025
Players Challenge NCAA's 'Redshirt' Rule As Anticompetitive
A group of Division I athletes filed an antitrust lawsuit in Tennessee federal court challenging the NCAA's eligibility rules, alleging the rules operate as artificial caps on competition that constitute commercial restraint and result in suppressed economic opportunities for students.
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September 03, 2025
Consumers Defend Apple Antitrust Claims, Class Cert.
Consumers defended their antitrust claims over Apple's App Store policies, arguing that Apple restricts the distribution of apps on its devices to block competition, not as part of a legitimate design choice, while also trying to preserve a class expected to include 185 million members.
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September 03, 2025
PED Sports Group Asks To Block Swimmer Bans
The organizer of sporting events that allow athletes to use performance-enhancing substances has asked a New York federal court to halt a swimming governing body's ban on athletes, coaches and support staff who participate in the events.
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September 03, 2025
Former TransDigm GC Launches Retaliatory Firing Suit
The former general counsel of TransDigm Group Inc., an aerospace parts manufacturer, has filed a complaint in Ohio state court alleging she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns.
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September 03, 2025
Arkansas Insurance Rule Beats Union Plan's ERISA Challenge
An Illinois federal judge has tossed a Teamsters healthcare plan's challenge to an Arkansas insurance regulation that aims to protect local pharmacies from under-reimbursement for prescription drugs, saying the regulation doesn't tread on the Employee Retirement Income Security Act's territory.
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September 03, 2025
Manhattan DA To Target Wage-Fixing With Antitrust Laws
Manhattan District Attorney Alvin Bragg said Wednesday that his office plans to be the first to use New York's criminal antitrust laws against companies that collude to keep workers' wages low.
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September 03, 2025
Rural Broadband Association GC Joins Womble Bond In DC
The former general counsel of the National Telecommunication Cooperative Association's Rural Broadband Association, has joined Womble Bond Dickinson as a senior counsel, the firm announced Tuesday.
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September 02, 2025
DC Circ. Refuses To Block Fired FTC Dem's Reinstatement
A split D.C. Circuit panel Tuesday refused to stay a lower court's order reinstating a Democratic member of the Federal Trade Commission, finding that the government has "no likelihood of success" fighting her reinstatement because President Donald Trump broke the law when he fired her without cause.
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September 02, 2025
Visa, Mastercard Still Can't Beat Intuit, Block Antitrust Claims
A New York federal judge has rejected Visa and Mastercard's latest effort to ditch antitrust claims brought by Intuit and Block in long-running multidistrict litigation over payment processing fees, agreeing with a magistrate judge's finding that the court has already considered and rejected the credit companies' arguments.
Expert Analysis
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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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.