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Competition
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Featured
Google Says Rival 'Indisputably' Too Late For Search Fix
Google urged a D.C. federal judge Friday to ignore a search advertising rival's attempt to weigh in on the Justice Department's bid to force the syndication of search and search advertising results, castigating the "neither relevant nor useful" amicus brief as filed more than two months too late.
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August 15, 2025
'Alarm Should Ring': Judge Blocks FTC's Media Matters Probe
A Washington, D.C., federal judge Friday preliminarily blocked the Federal Trade Commission from moving forward with its investigation into the left-leaning Media Matters for America, saying the investigation is likely a retaliatory response to an article reporting that ads on Twitter appeared next to antisemitic posts following Elon Musk's acquisition.
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August 15, 2025
NJ Watchdog Fights File Disclosure In Hospital Antitrust Suit
The New Jersey State Commission of Investigation on Thursday challenged a federal judge's refusal to protect investigative materials that RWJBarnabas Health Inc. wants to subpoena as it defends an antitrust suit by CarePoint Health Systems Inc., arguing the ruling violates precedent giving such records the same secrecy protections as grand jury materials.
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August 15, 2025
Schwab Defends Antitrust Settlement From Iowa AG Objection
The Charles Schwab Corp. has pushed back on objections raised by the Iowa attorney general and others to an investor class action settlement over its merger with TD Ameritrade, saying its plan to implement an antitrust compliance program, among other things, "offers real value to the class."
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August 15, 2025
DOJ Ramps Up Assault On Calif. Truck Emissions Standards
The Trump administration increased its assault on California's stringent emissions standards for heavy-duty trucks, saying Friday that it has intervened in lawsuits to strike down the Golden State's attempts to still enforce its standards in defiance of federal law.
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August 15, 2025
Amazon Keeps Damages Expert For FTC's Prime Case
A Washington federal judge refused Friday to nix an Amazon.com expert from the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, allowing the jury to hear arguments that the FTC's accusations under an online shopping protection law are "an unpredictable departure."
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August 15, 2025
Reggie Bush Didn't Sign NIL Rights Away, Court Told
Reggie Bush's attorney urged a Los Angeles judge Friday to reconsider a tentative ruling that would toss the former football star's suit accusing the NCAA, the University of Southern California and the Pac-12 Conference of exploiting his name, image and likeness, saying Bush did not sign his rights away.
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August 15, 2025
9th Circ. Affirms Dismissal Of Vegas Casino Room Rate Case
The Ninth Circuit rejected an appeal on Friday from guests seeking to revive their antitrust case accusing Las Vegas casino-hotel operators of using a vendor's software to inflate room rates, finding that the pricing service helps the hotels compete.
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August 15, 2025
Wholesalers Want Final OK For $51M AstraZeneca Settlement
Drug wholesalers asked a Delaware federal judge Thursday for the final stamp of approval on a combined $51.4 million in settlements AstraZeneca Pharmaceuticals LP and Handa Pharmaceuticals LLC agreed to pay to resolve allegations AstraZeneca paid off generic-drug makers, including Handa, to protect its brand antipsychotic Seroquel XR.
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August 15, 2025
Google Asks 9th Circ. To Rethink Play Store Antitrust Ruling
Google urged the Ninth Circuit to reconsider a panel's decision to affirm a jury's findings that it monopolized the Android app market, saying the panel made several missteps when evaluating the claims and contended the injunction issued as a result of the verdict goes too far.
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August 15, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Transport for London hit with a procurement claim by the operator of Oyster card, while Mastercard and Visa face claims from the Rocco Forte Hotel Group, and Liverpool Football Club lobbed a claim against a security company.
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August 14, 2025
9th Circ. Won't Revive 3M Worker's Noncompete Dispute
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
Healthcare Co. Exec, GC Revealed Trade Secrets, Court Told
A preponderance of emails shows that former CEOs involved with a trio of healthcare and real estate companies shared financial documents and other intellectual property that were undoubtedly trade secrets, the companies' attorney told the North Carolina Business Court on Thursday.
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August 14, 2025
Duke Energy Seeks To Merge 2 Carolinas Utilities
Charlotte-based Duke Energy said Thursday that it is asking state and federal regulators to approve a merger that would combine its two subsidiary electric utilities serving the Carolinas, touting the plan as a cost-saver and natural progression of its fusion with Progress Energy more than a decade ago.
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August 14, 2025
Rumble's Ad Boycott Suit Tossed For Now
A Texas federal court tossed Rumble's antitrust case against the World Federation of Advertisers and others after finding the claims about a boycott of the video-sharing site, after it refused to follow safety standards, have no connection to the state.
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August 14, 2025
Beef Consumers Settle With Cargill In Price-Fixing MDL
Beef consumers have disclosed a new settlement in a consolidated Minnesota federal court litigation accusing major beef producers of price-fixing, resolving their piece of the case against Cargill.
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August 14, 2025
Cargill's $4M Deal Advances In Turkey Price-Fix Case
An Illinois federal judge on Thursday granted his initial approval to a $4 million deal Cargill has reached with commercial and institutional indirect purchaser plaintiffs in antitrust litigation accusing poultry producers of conspiring to pad the price of the bird, saying the amount provides "tangible and substantial" relief to the class.
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August 14, 2025
Minn. Telecom Officials Decry Push For Fed Preemption
Minnesota's telecommunications regulators have told the Federal Communications Commission that local officials are tired of being punching bags for industry groups looking to speed up broadband infrastructure deployment, saying the industry's push for federal rules overriding local authority have been based on "unsubstantiated or vague" attacks on local guidelines.
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August 14, 2025
HCA Settles Antitrust Claims Over Mission Health Contracts
HCA Healthcare Inc. has made several commitments for the operation of its Mission Health hospital system in North Carolina and also agreed to establish a $1 million charity fund to settle claims from municipalities that it used contractual terms to thwart competition and raise prices.
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August 14, 2025
Boston Firm Says Personal Injury Rival Stole 'Secret Sauce'
A Boston personal injury firm that pioneered the use of television ads in legal marketing in the 1980s is seeking $11 million from a newer Massachusetts competitor that allegedly copied and repeatedly used its "secret sauce" digital operating playbook and other materials.
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August 14, 2025
AP Says DOJ Can't Turn Info Sharing Into Views Suppression
The Associated Press, The Washington Post, Reuters and the BBC hit back Wednesday on Justice Department efforts to back a lawsuit from the anti-vaccine group once tied to Secretary of Health and Human Services Robert F. Kennedy Jr., alleging they colluded with social media platforms to censor rivals.
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August 14, 2025
AGs' Dermatology Price-Fixing Case Not A Copy, Judge Says
A nationwide antitrust enforcement action alleging that pharmaceutical companies fixed prices of generic dermatology drugs can proceed despite the defendants' contention that it's virtually the same as two others that were filed first, a Connecticut federal judge has ruled.
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August 13, 2025
Trump Axes Biden Competition Order And Eases Rocket Regs
President Donald Trump on Wednesday evening revoked an expansive Biden-era executive order that aimed to boost competition across the U.S. economy, lower prices for consumers and increase pay for workers, while issuing his own order to ease regulations on the commercial space industry to boost American rocket launches.
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August 13, 2025
David Protein Tees Up Bid To Toss Ingredient Antitrust Suit
David Protein told a New York federal judge on Wednesday that a lawsuit accusing the trendy bar maker of violating antitrust law should be tossed, saying in a letter that a group of low-calorie food companies still could not cure legal deficiencies the court previously flagged, despite twice amending their complaint.
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August 13, 2025
FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact
The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.
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August 13, 2025
NY Blasts Ski Resort Owner's 11th-Hour Antitrust Remedy
New York is urging a state court to reject a belated proposal from the owner of a ski resort that he enact price controls instead of adhering to the state's demands that he sell the property after he was found responsible for violating antitrust laws.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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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.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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DOJ Whistleblower Program May Fuel Criminal Antitrust Tack
A recently launched Justice Department program that provides rewards for reporting antitrust crimes related to the U.S. Postal Service will serve to supplement the department’s leniency program, signaling an ambition to expand criminal enforcement while deepening collaboration across agencies, say attorneys at Crowell & Moring.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Antitrust Scrutiny Heightens In The Cannabis Industry
Two ongoing antitrust cases signal intensified scrutiny of pricing practices, distribution restraints and exclusionary conduct in the cannabis sector, says Robin Crauthers at McCarter & English.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.