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Competition
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August 25, 2025
Perkins Coie Grows Litigation Group With Ex-Calif. Deputy SG
Perkins Coie LLP has continued expanding its litigation team with former state and federal prosecutors, announcing Monday it is bringing in the former deputy solicitor general of California as a partner in its San Diego office.
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August 25, 2025
Generic-Drugs Group Asks 9th Circ. To Nix Pay-For-Delay Law
A trade group for generic drugmakers urged the Ninth Circuit to fully scrap a California law banning brand pharmaceutical companies from paying to delay generics competition, in a brief targeting both the law's in-state features upheld by a district court and the extraterritorial reach the state wants revived.
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August 25, 2025
3 Firms Steer $18.4B Keurig Dr Pepper, JDE Peet's Coffee Deal
Keurig Dr Pepper will acquire JDE Peet's in an approximately $18.4 billion deal that aims to create a "global coffee champion" through the combination of the Keurig brand single-serve coffee platform and JDE Peet's coffees, the companies announced Monday, with three law firms guiding the transaction.
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August 22, 2025
Basketball Player Misses Shot At NCAA Early Waiver
A Nashville federal judge Friday declined to grant a Division I college basketball player another year of eligibility, finding that the student-athlete has not shown how the National Collegiate Athletic Association's eligibility rules run afoul of antitrust law.
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August 22, 2025
WVU Athletes Win Injunction Against NCAA Eligibility Rule
Four West Virginia University athletes have won their bid to play another year of football, with a federal judge granting a preliminary injunction that prohibits the National Collegiate Athletic Association from enforcing its eligibility rules, saying some evidence shows they harm competition.
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August 22, 2025
Startup Accelerator Backs Epic In Apple Case At 9th Circ.
Startup accelerator Y Combinator is backing Epic Games as Apple asks the Ninth Circuit to nix an order blocking it from charging commissions on app purchases made outside its payment system, telling the appeals court Apple "blatantly violated" a previous order.
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August 22, 2025
2nd Circ. Revives Some Rate-Rigging Claims Against Banks
The Second Circuit on Friday partially revived claims that UBS AG and the Royal Bank of Scotland PLC manipulated a key interest rate for the lending of euros, allowing a pair of funds to press forward with claims that the banks' actions harmed U.S. investors trading derivatives tied to the rate.
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August 22, 2025
OpenAI Wants $10M In Atty Fees After Win In Trademark Case
After winning a trademark case last month, OpenAI has asked a California federal judge to order a company with a similar name to pay almost $10 million in attorney fees, saying the other litigant had "extraordinarily weak positions" and used unreasonable legal tactics.
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August 22, 2025
FTC Can't Pause Order Blocking Media Matters Probe
A D.C. federal court refused on Friday to pause an order blocking the Federal Trade Commission's investigation into left-leaning watchdog Media Matters for America, saying the group is likely to show the probe over potential collusion in the ad industry was retaliatory.
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August 22, 2025
Motorola Wins Contempt Order Over Hytera Subsidiary Sale
An Illinois federal judge issued a contempt order against Hytera Communications on Friday, granting Motorola's request after its Chinese rival sold a subsidiary for €75.5 million while owing Motorola $489 million for a trade secrets theft judgment and under a court-ordered prohibition on transferring assets.
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August 22, 2025
Developer Ends £2.4M Claim Against Demolition Cartel
Building developer Circadian has dropped a £2.4 million ($3.2 million) damages claim accusing three linked demolition companies of conspiring to drive up the prices of their services, documents published by the Competition Appeal Tribunal show.
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August 22, 2025
Sky Loses Fight To Avoid Telling Customers Of Contracts' End
A London appeals court concluded on Friday that Sky UK Ltd. must tell customers when their minimum contract period is ending for its pay-TV services because it ensures that Ofcom can more effectively regulate the market for transmission services.
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August 22, 2025
UK Launches Formal Probe Into Getty-Shutterstock Merger
Britain's antitrust authority said Friday that it has launched a formal investigation into the proposed merger of Getty Images and Shutterstock, which would create a $3.7 billion visual content company, to decide whether it will harm competition in U.K. markets.
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August 21, 2025
Cannabis Cos. Face $2.9M IT Judgment After Unable To Pay Attys
Subsidiaries of Canadian cannabis company Halo Collective Inc. were hit with a nearly $2.9 million judgment over claims that they infringed on a Colorado-based firm's patents, losing the litigation after their attorneys withdrew because they could "no longer pay."
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August 21, 2025
FTC Warns Tech Cos. To Honor Data Vows In Foreign Dealings
The head of the Federal Trade Commission on Thursday cautioned Meta, Google, Apple, Amazon and other major tech companies to refrain from weakening data security protections or censoring content in response to pressure from foreign governments, reminding them that reneging on promises they make to U.S. consumers could land them in hot water with the agency.
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August 21, 2025
1st Circ. Rejects Flyers' $34M Fee Bid In JetBlue-Spirit Case
Passengers who launched an antitrust challenge to the since-scrapped JetBlue-Spirit Airlines merger are not eligible to collect up to $34 million in legal fees, the First Circuit ruled Thursday, finding that because the deal was blocked in a parallel government case, the passengers are not actually the prevailing parties.
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August 21, 2025
Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing
A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing.
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August 21, 2025
Nikola SPAC, Related Settlements Reach $33.75M In Del.
A multi-court string of settlements has produced a $33.75 million proposed payout for stockholders who alleged in direct and derivative state and federal actions that they were misled in deals that took electric vehicle maker Nikola Corp. public.
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August 21, 2025
Home Depot's $5.5B GMS Deal Gets DOJ Clearance
The U.S. Department of Justice has prematurely ended a waiting period that prevented Home Depot's $5.5 billion acquisition of building products distributor GMS Inc. from closing, a day before the home improvement retailer's Friday cash tender offer expiration date, Home Depot announced on Thursday.
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August 21, 2025
GTCR Deal A 'Smokescreen' For Coatings Merger, FTC Says
GTCR BC Holdings LLC's $627 million bid to buy the nation's largest medical device coatings company is a blatant attempt to overwhelmingly dominate an already highly concentrated market, and the "smokescreen" of a partial divestiture shouldn't convince anyone otherwise, the Federal Trade Commission told an Illinois federal judge Thursday.
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August 21, 2025
Tire Cos. Resist Bid To Add EU Probe Info to Price-Hike Suit
Tire manufacturers including Bridgestone, Goodyear and Michelin are urging an Ohio federal court not to let buyers update their antitrust case accusing the companies of fixing prices to include additional allegations stemming from a European Commission investigation.
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August 21, 2025
Epic Says Google Can't Dodge App Store Trade Libel Claims
Video game and software developer Epic Games Inc. has told a California federal court that Google LLC can't eschew remaining state law claims in a trade libel suit because the alleged harms are new, not resurrected from claims in a separate case.
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August 21, 2025
Minor Leaguers Ask Justices To Kill MLB Antitrust Exemption
Former players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages are asking the U.S. Supreme Court to take up the case and overturn baseball's century-old exemption from antitrust law.
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August 21, 2025
Chinese Fiberglass Imports Face Steep Early Duties
Chinese fiberglass door panels entering the U.S. from certain exporters face preliminary countervailing duties above 900% after those companies were unresponsive during an investigation conducted by the U.S. Department of Commerce, according to a notice published Thursday.
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August 21, 2025
Alston & Bird Hires Former FTC M&A Overseer In DC
The former leader of the Federal Trade Commission's Bureau of Competition unit dedicated to reviewing mergers and acquisitions is joining the antitrust team at Alston & Bird LLP's Washington, D.C., office, the firm announced Wednesday.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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A Look At M&A Trends In An Uncertain Deal Environment
Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.