Competition

  • May 22, 2026

    Why Big Tech Gets Advisory Juries In 'Socially Explosive' Suits

    A California federal judge's recent use of advisory juries for high-profile tech disputes — including Elon Musk's OpenAI for-profit conversion challenge and states' social-media addiction fight with Meta — is an uncommon practice that's intended as a "reality check" for judges deciding "socially explosive" disputes, according to legal experts.

  • May 22, 2026

    Bears' Best Gameplan: Playing Ill. And Ind. Off Of Each Other

    Creating a multibillion-dollar competition between Illinois and Indiana to build the Chicago Bears' new stadium is a strategy that has become increasingly popular among pro franchises that can leverage tax and financial incentives, and even real estate deals.

  • May 22, 2026

    DOJ Demands Divestiture For Acquisition Of Concrete Plants

    The U.S. Department of Justice is requiring a Japanese cement company and its CalPortland subsidiary to divest three ready-mix concrete plants to a Southern California company to address antitrust concerns arising from CalPortland's proposed $712 million acquisition of construction giant Vulcan Materials' Golden State concrete plants, the agency announced.

  • May 22, 2026

    5th Circ. Seeks 'Sound Basis' To Gauge Water Antitrust Claims

    The Fifth Circuit has remanded a real estate developer's antitrust claims over a Texas city's alleged illegal restraint on retail water utility services, saying a lower court did not give the appeals court a "sound basis" to examine the claims.

  • May 22, 2026

    States Seek Ticketmaster Sale As Live Nation Wants New Trial

    State enforcers say they want a federal court to split up Live Nation and Ticketmaster following a New York federal jury verdict that Live Nation had harmed competition by monopolizing ticket sales for large concert venues, even as the concert promotion giant sought to undo the verdict against it or to be granted a new trial.

  • May 22, 2026

    Nexstar Says It Needs Tegna Deal To Compete With Big Tech

    Nexstar Media Group Inc. told a California federal court it needs to merge with Tegna Inc. to compete more effectively, especially with streaming services owned by the Big Tech giants, as it faces a challenge to the deal from state enforcers and DirecTV.

  • May 22, 2026

    OpenAI Must Produce Musk Case Depos In NY Copyright MDL

    OpenAI was ordered to turn over deposition testimony from three executives that was taken in the course of Elon Musk's California case challenging the company's conversion into a for-profit entity to a group of authors and news organizations suing over the alleged use of copyrighted content to train artificial intelligence models.

  • May 22, 2026

    Fed, OCC Urged To Block 'Predatory' Enova's Bank Buy

    A pair of Senate Democrats cautioned financial regulators about greenlighting fintech lender Enova International's application to become a national bank holding company, calling it a "predatory lender."

  • May 22, 2026

    Latest HVAC Suit Says Price Hikes Were Coordinated

    Seven HVAC companies, including Rheem, Trane, Carrier and Lennox, engaged in price-fixing and inventory manipulation using the COVID-19 pandemic as a cover, Arkansas-based HVAC contractor Reliance Heating and Cooling alleged in a civil antitrust suit filed in Michigan federal court Friday.

  • May 22, 2026

    Google Urges DC Circ. To Nix DOJ's Search Win

    Google told the D.C. Circuit Friday the government is using antitrust law to punish a successful competitor as it looks to overturn a trial court's ruling finding that Google illegally maintained its search monopoly.

  • May 22, 2026

    Chicago MLS Says Zillow's Lost Access Is 'Self-Inflicted'

    A multiple listing service said Friday that Zillow is risking the loss of 40,000 home listings over its effort to exclude nine privately circulated posts, as the company seeks to enforce a ban on private home listings with a temporary injunction and antitrust lawsuit. 

  • May 22, 2026

    Taxation With Representation: Goodwin, McGuireWoods

    In this week's Taxation With Representation, Equity Residential and AvalonBay Communities Inc. combine, investment firms CVC and Groupe Bruxelles Lambert lead a group of investors to buy pharmaceuticals company Recordati SpA, and NextEra Energy and Dominion Energy merge.

  • May 22, 2026

    USI Says Ex-Producer Took Clients To Rival Brokerage

    A former producer at the insurance brokerage giant USI has breached his employment agreement by siphoning clients for his own competing company, according to a federal contract suit filed in Connecticut.

  • May 22, 2026

    Trump's Melding Of Politics, Antitrust Hard To Roll Back

    Environmental initiatives, diversity programs, anti-misinformation efforts and gender-affirming care have become central targets for President Donald Trump's antitrust enforcers in what observers say is an increasing trend of politically tinged competition enforcement.

  • May 21, 2026

    Apple Wants Justices To Review Epic Games Contempt Order

    Apple Inc. has asked the U.S. Supreme Court to weigh in on exactly when and how civil contempt sanctions can be issued for violating a court order, arguing that the Ninth Circuit missed the mark by upholding such sanctions against Apple in its App Store battle with Epic Games.

  • May 21, 2026

    PBM Swaps Cravath For WilmerHale In Price-Fixing Suit

    Pharmacy benefit manager Prime Therapeutics LLC has replaced counsel Cravath Swaine & Moore LLP with WilmerHale and another firm in an antitrust case in Michigan federal court brought by the state's attorney general.

  • May 21, 2026

    9th Circ. Told To Reject J&J Unit's $442M Antitrust Appeal

    Cardiac catheter refurbisher Innovative Health urged the Ninth Circuit to reject the appeal from Johnson & Johnson's Biosense Webster unit seeking to upend its $442 million antitrust judgment, saying the lower court rightly found that Biosense forced hospitals to avoid refurbished catheters in favor of its own.

  • May 21, 2026

    CoStar Hit With Antitrust Suit Alleging Data Monopoly

    A Washington, D.C., brokerage has filed a proposed class action against CoStar in federal court, alleging a decades-long anticompetitive scheme designed to maintain a monopoly over commercial real estate listing services and information services.

  • May 21, 2026

    Wimbledon, French Open Beat Tennis Group's Access Claim

    A federal judge in Manhattan declined Thursday to order the Wimbledon and French Open tennis tournaments to grant access to representatives from a players group, after the group claimed its representatives are being denied access in retaliation for its antitrust lawsuit.

  • May 21, 2026

    Consumers Want Prelim Block On Paramount-Warner Bros.

    Consumers challenging Paramount Skydance Corp.'s pending $110 billion acquisition of Warner Bros. Discovery asked a California federal judge Wednesday to preliminarily block the transaction while the case proceeds, arguing the threat of higher streaming costs and reduced news competition is too great, and it will be too hard to unscramble the egg after trial.

  • May 21, 2026

    Feds Accuse Contractors Of DOD Bribery Scheme In Hawaii

    The U.S. Department of Justice has accused two Florida residents of conspiring to bribe a U.S. Army employee and defraud the federal government in connection with the development of a U.S. Department of Defense innovation lab in Hawaii.

  • May 21, 2026

    Portugal Must Reclaim Illegal State Aid, EU Court Says

    The European Union's top court said Thursday that Portugal can't suspend tax enforcement proceedings against a company that benefited from unlawful state aid granted by the Madeira Free Zone.

  • May 21, 2026

    Hermès Urges 9th Circ. To Back Toss Of Birkin Antitrust Case

    Hermès asked the Ninth Circuit to affirm the dismissal of a suit from shoppers alleging the company illegally ties the sale of its iconic Birkin handbags to other expensive luxury items, saying the plaintiff's case reflects "a fundamental misunderstanding of tying law."

  • May 21, 2026

    Nexstar Asks 9th Circ. To Narrow Tegna Merger Block

    Nexstar urged the Ninth Circuit to narrow a preliminary injunction preventing it from fully integrating with Tegna Inc. that was issued in a challenge to the broadcasters' $6.2 billion merger by state enforcers and satellite provider DirecTV.

  • May 21, 2026

    ECJ Adviser Backs Challenge To Sweden's Bank Risk Tax

    The European Union's lower court was wrong to uphold Sweden's risk tax on the country's largest credit institutions, an adviser to the bloc's top court said Thursday, because the levy could create a potential selective advantage for untaxed companies.

Expert Analysis

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

    Author Photo

    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

    Author Photo

    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • Opinion

    CBP's $166B Tariff Refund Portal Needs 4 Safeguards

    Author Photo

    Before launching its automated web portal to process tariff-refund disbursements on April 20, U.S. Customs and Border Protection should apply the expensive lessons learned from the pandemic-era employee retention credit, says Peter Gariepy at RubinBrown.

  • 7 Mistakes To Avoid When Using Trial Graphics

    Author Photo

    With several federal district judges recently expressing frustration with the overuse of PowerPoint slides in trial presentations, now is a good time for lawyers to assess when and how they use visuals to make sure their messages are communicated as effectively as possible, say Mark Rosman at Proskauer and Dan Bender at Digital Evidence Group.

  • Rebuttal

    FTC Case Reinforces Established Price Discrimination Rules

    Author Photo

    Far from redefining price discrimination, as contended by a recent Law360 guest article, the Federal Trade Commission's suit against Southern Glazer's falls squarely within the historical interpretation of the Robinson-Patman Act, says retired attorney Irving Scher.

  • Opinion

    Apple Discovery Fight Could Revive DOJ's Antitrust Appetite

    Author Photo

    Winning discovery disputes in the ongoing federal antitrust litigation over Apple’s app store practices is a huge opportunity for the Justice Department to return to its once-vigorous pursuit of product tying by tech monopolies, catch up with foreign competition regulators and establish clear standards for digital markets, says Ediberto Roman at Florida International University.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

    Author Photo

    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • The Federal Circuit's Evolving View Of Trade Secrets

    Author Photo

    In recent years, the Federal Circuit's approach to defining "readily ascertainable" information and determining sufficiency of trade secret identification has shifted, trending away from other circuits and potentially presenting a higher bar for trade secrets plaintiffs, say attorneys at MoFo.

  • Calculating Damages In IEEPA Tariff Refund Litigation

    Author Photo

    To calculate damages in the spate of refund litigation triggered by the U.S. Supreme Court's recent decision invalidating tariffs collected under the International Emergency Economic Powers Act, the central question will be how to determine where in the supply chain their economic burden ultimately came to rest, say analysts at Charles River Associates.

  • 'Made In America' Rules Raise Stakes For Gov't Contractors

    Author Photo

    The convergence of widely varying "buy American" requirements, increased enforcement efforts and continuing regulatory attempts to limit foreign sourcing suggests that government contractors should carefully review their supply chain and country-of-origin compliance to remain competitive, say attorneys at Arnold & Porter.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

    Author Photo

    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Ohio Case Reflects States' Aggressive Criminal Antitrust Turn

    Author Photo

    The Ohio Attorney General's Office’s recent bid-rigging indictment of an online auctioneer is the latest signal that states, through attorneys general pursuing more kickback cases and legislators expanding the reach of antitrust laws, are shedding their historical reluctance to wield their criminal antitrust enforcement powers, say attorneys at Arnold & Porter.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

    Author Photo

    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • Axed Trade Secret Award Cautions Against Bundling Damages

    Author Photo

    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • What A Court Doc Audit Reveals About Erroneous Filings

    Author Photo

    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Competition archive.