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Competition
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December 12, 2025
Live Nation Consumers Get Class Certified In Antitrust Case
A California federal judge Friday certified a class of consumers accusing Live Nation of monopolizing the live entertainment industry, rejecting the company's argument that there aren't common issues that predominate over individual ones and adopting a tentative ruling he issued earlier this month.
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December 12, 2025
Dropped FTC Complaint: Pepsi Gave Walmart A 'Price Gap'
The Federal Trade Commission's newly unsealed New York federal court complaint confirms that the agency had accused Pepsi of favoring Walmart, until the newly Republican-controlled FTC abandoned the lawsuit alleging the soda giant both gave Walmart discounts denied others and actively sought to raise Walmart's rivals' own prices.
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December 12, 2025
Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal
The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.
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December 12, 2025
Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'
Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.
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December 12, 2025
1st Circ. Affirms Ex-ADI Engineer's Trade Secrets Conviction
The First Circuit has affirmed a former Analog Devices Inc. engineer's trade secrets conviction, ruling that the indictment's reference to a specific microchip model did not preclude a guilty verdict based on his possession of schematics for its prototype.
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December 12, 2025
MVP: Winston & Strawn's Jeffrey Kessler
Winston & Strawn LLP's Jeffrey Kessler helped student athletes reach a landmark multibillion-dollar settlement with the NCAA in long-running litigation over the use of name, image and likeness, earning him a spot as one of the 2025 Law360 Competition MVPs.
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December 12, 2025
Shipbuilders, Naval Engineer Spar Over Witness Statements
Shipbuilders and design consultants accused of illegally conspiring to suppress industry wages are clashing with a former naval engineer over what various witnesses told her in support of her proposed class action against the companies.
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December 12, 2025
Taxation With Representation: Cravath, Skadden, Debevoise
In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.
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December 12, 2025
Microsoft Says £2B Class Action Fails To ID Viable Legal Test
Microsoft said at a London antitrust tribunal on Friday that a claim potentially worth £2.1 billion ($2.8 billion) should not be given clearance to continue, arguing the competition lawyer proposing to bring it had not identified a route for it to go to trial.
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December 11, 2025
9th Circ. Upholds Apple App Store Injunction In Epic Fight
The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.
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December 11, 2025
9th Circ. Won't Rethink Vegas Hotels' Win In Price-Fixing Suit
The Ninth Circuit on Dec. 11 rejected Las Vegas hotel guests' request for the full appeals court to reconsider a panel's August ruling that threw out their proposed class action accusing the casino-hotel operators of using software to illegally inflate room rates.
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December 11, 2025
Epic Systems Is Monopolizing EHR Market, Texas AG Suit Says
Texas Attorney General Ken Paxton hit Epic Systems Corp. with an antitrust suit in state court on Wednesday alleging the company is illegally seeking to monopolize markets for electronic health records software.
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December 11, 2025
Visa Defeats Payments Co.'s 'Muddled' Antitrust Suit
A California federal judge Thursday dismissed a payment solutions company's lawsuit accusing Visa Inc. of monopolizing the card payment processing services market, criticizing the company's latest complaint as being "harder to follow" than one previously tossed and still failing to allege any antitrust injury.
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December 11, 2025
FTC Challenges $725M Construction Adhesives Deal
The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.
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December 11, 2025
Visa Escapes Investor Suit Over DOJ Claims
A California federal judge has released Visa from a securities fraud suit accusing it of concealing anticompetitive debit practices that are the subject of a lawsuit filed by the U.S. Department of Justice, saying the plaintiffs did not show that Visa's alleged omissions caused investors losses.
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December 11, 2025
Texas Business Group CEO Resigns After Sexual Assault Suit
The CEO of Texas' largest business association has stepped down after a woman who founded a business advocacy group said he attempted to coerce her into a sexual relationship and then assaulted her when she rejected his advances.
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December 11, 2025
Zillow Cases Over Agent Steering, Kickbacks Merge In Wash.
A Washington federal judge appointed Hagens Berman Sobol Shapiro LLP and DiCello Levitt LLP as interim co-lead counsel over consolidated claims that Zillow paid kickbacks to brokers for referrals to its own mortgage services, among other anticompetitive conduct using company agents.
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December 11, 2025
Marketing Agency Accuses Ex-Employee Of Defamation
An online marketing agency has sued a former employee in Colorado state court alleging the former employee engaged in an online "smear campaign" against the agency to steer business to his competitor marketing company.
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December 11, 2025
DOJ-UnitedHealth Deal Requiring Home Health Sale OK'd
A Maryland federal judge signed off on the U.S. Department of Justice settlement resolving its challenge to UnitedHealth's $3.3 billion acquisition of home health and hospice company Amedisys, under a deal requiring the sale of least 164 locations across 19 states.
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December 11, 2025
Connell Foley Beats DQ Bid In NJ Investment Bias Case
A federal judge on Thursday threw out a renewed bid by an investment firm suing the state of New Jersey to disqualify the state's counsel at Connell Foley LLP, finding there was no previous attorney-client relationship to justify disqualification.
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December 11, 2025
Agri Stats Says DOJ Wants To 'Leapfrog' Pork Pricing Claims
Agri Stats urged a Minnesota federal court to reject the Justice Department's bid to "leapfrog" a set of private antitrust cases involving pork prices by using a scheduled May trial for its information sharing claims against the data firm instead.
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December 11, 2025
MVP: Simpson Thacher's Sara Y. Razi
Sara Y. Razi of Simpson Thacher & Bartlett LLP played a key role in defeating a major Federal Trade Commission merger challenge, earning her a spot as one of the 2025 Law360 Competition MVPs.
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December 11, 2025
6th Circ. Panel Shows No Leanings On PBM Jurisdiction Fight
A Sixth Circuit appeals panel gave few hints Thursday on whether it would send back to state court a lawsuit from Ohio alleging that pharmacy benefit managers were driving up prescription prices through rebate schemes.
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December 11, 2025
Microsoft Battles Proposed £2.1B Server License Abuse Claim
A competition lawyer argued at a London antitrust tribunal Thursday that she should be allowed to bring a case potentially worth £2.1 billion ($2.8 billion) on behalf of thousands of businesses against Microsoft for allegedly charging abusive license fees for Windows Server, its server operating system.
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December 11, 2025
FTC, Amazon Want To Delay Antitrust Trial By 7 Weeks
As they try to get back on track after the government shutdown, the Federal Trade Commission and Amazon asked a Washington federal judge Wednesday to push back the start of the antitrust trial accusing the online retail giant of creating an artificial pricing floor.
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.