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Competition
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February 18, 2026
Will Jurors Penalize AI? Study Examines Trade Secrets Impact
A forthcoming academic study suggests juries may treat AI-enabled actions more harshly than human conduct in trade secrets disputes, resulting in what the authors call an “AI penalty.” Attorneys say reality is more complicated.
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February 18, 2026
Judge Rejects FTC's Emergency Bid To Spare Merger Rule
The Federal Trade Commission has just until Thursday to obtain Fifth Circuit intervention after a Texas federal judge refused Wednesday to extend his seven-day pause on the order scrapping the agency's premerger reporting overhaul.
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February 18, 2026
J&J Unit Appeals $442M Catheter Antitrust Loss To 9th Circ.
Johnson & Johnson's Biosense Webster health tech unit urged the Ninth Circuit to overturn a California federal jury's $147 million antitrust verdict — later upped to $442 million — over the company withholding cardiac mapping support to hospitals using third-party reprocessed catheters, saying Innovative Health LLC didn't prove its allegations of unlawful tying.
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February 18, 2026
Amazon Rips FTC's 'Farfetched' Antitrust Discovery Refusals
Amazon slammed the Federal Trade Commission on Tuesday for treating discovery "as a one-way road" in the agency's antitrust case against the e-commerce giant, calling on a Seattle federal judge to again order the agency to cough up answers that the company says are key to formulating its defense.
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February 18, 2026
College Pitcher Drops NCAA Eligibility Suit After Early Blow
A college baseball player hoping to pitch at Pepperdine University has dropped his suit against the NCAA's eligibility rules just days after a California federal judge rebuffed his bid to play while the lawsuit moved forward.
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February 18, 2026
Crowell & Moring Antitrust Leader Jumps To Sidley In NY
Sidley Austin LLP said Wednesday it had hired the chair of Crowell & Moring LLP's New York antitrust practice.
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February 18, 2026
BlueScope Gets $11B 'Final' Bid From SGH, Steel Dynamics
Australia's BlueScope Steel Ltd. said Wednesday it is reviewing a revised, unsolicited buyout bid from SGH Ltd. and Steel Dynamics Inc. worth $11 billion.
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February 18, 2026
5 Firms Shape Kennedy Wilson's $1.65B Take-Private Deal
Real estate investment firm Kennedy Wilson has announced it agreed to be taken private by a consortium led by the company's CEO and Canadian insurance company Fairfax Holdings in an up to $1.65 billion deal advised by five law firms.
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February 18, 2026
Visa, Mastercard Can't Avoid Swipe Fee Claims Pass-On
Mastercard and Visa lost a bid on Wednesday to fend off a class action from retailers over unlawful card payment fees by arguing that the merchants didn't suffer loss because they passed on the charges.
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February 18, 2026
UK Consumer Group Drops £480M Qualcomm Class Action
Consumer group Which has said it is dropping its £480 million ($651 million) collective action accusing Qualcomm of anticompetitive behavior that drove up the prices of Apple and Samsung phones before the result of a five-week trial is delivered.
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February 17, 2026
Dismissal Of FTC Merger Rule Shows Nothing 'Broken' To 'Fix'
Some antitrust practitioners see vindication in last week's Texas federal court decision throwing out the Federal Trade Commission's premerger reporting overhaul, saying it gives credence to arguments that U.S. antitrust enforcers were trying to plug holes in merger review where there were none.
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February 17, 2026
States Hit Discovery Roadblocks In HPE Merger Fight With DOJ
A California federal judge mostly sided with the Justice Department on Tuesday on the latest discovery disputes in state attorneys general's challenge to a DOJ settlement greenlighting Hewlett Packard Enterprise's $14 billion Juniper acquisition, ruling that HPE doesn’t need to reveal who's bidding for divested assets, and refusing to delay deadlines.
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February 17, 2026
Betting Tech Rivals Settle Antitrust, Patent Row
Sports technology company Panda Interactive has settled its patent dispute with its rival Sportradar and asked a Texas federal judge to stay all activity in the case for 30 days while the parties finalize the agreement.
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February 17, 2026
Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid
A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.
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February 17, 2026
Union Says Express Scripts Diverted Billions In Kickback Fees
A Chicago plumbers union healthcare fund told an Illinois federal court Tuesday that the nation's largest pharmacy benefit manager, Express Scripts, violated federal criminal law when it used a Switzerland-based company to hide kickbacks it generated by charging drug companies fees for key placement on prescription plan drug lists.
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February 17, 2026
Pepsi And Walmart Inflated Soda Prices, ND Businesses Say
Pepsi and Walmart devised a plan to inflate prices for Pepsi soft drinks above competitive levels, two North Dakota businesses said in a proposed class action in New York federal court that alleges the companies violated federal antitrust laws.
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February 17, 2026
CoStar Rival Urges High Court To Reject Antitrust Appeal
A rival accusing CoStar of blocking competition for commercial real estate listing services is urging the U.S. Supreme Court not to review a ruling that revived the rival's counterclaims, saying that CoStar just disagrees with how the appeals court viewed the allegations.
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February 17, 2026
Sens. Concerned About Live Nation Case After DOJ 'Ousting'
A group of Senate Democrats is raising concerns about potential political influence at the U.S. Department of Justice, following the abrupt departure of the agency's top antitrust enforcer weeks before Live Nation is set to face trial in the government's monopolization case.
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February 17, 2026
Battery Co. Calls Energizer's Trade Secret Claims 'Meritless'
A California battery company accusing Energizer and Walmart of colluding to fix retail battery prices said Energizer's counterclaims of inducing an account manager to steal trade secrets were "tactical and meritless" and has asked a federal judge to dismiss them.
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February 17, 2026
Warner Bros. Rejects Latest Paramount Bid But Talks Resume
Warner Bros. Discovery said Tuesday it has rejected an acquisition proposal from Paramount Skydance but will engage in further talks to determine whether the bidder can submit a binding offer that tops WBD's agreed merger with Netflix.
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February 17, 2026
Edwards Drops 'Anti-Copycatting' Policy Amid Antitrust Probe
Edwards has dropped its policy of shunning clinicians and distributors who supported "copycat" medical device makers, heading off an investigation into whether the medical devices manufacturer might have breached European Union competition rules.
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February 13, 2026
States' Generic Drugs Antitrust Case Headed Toward Trial
A Connecticut federal judge has mostly refused to side with pharmaceutical companies facing states' generic drug price-fixing litigation against them, ruling that there are genuine disputes of material fact as to drug distribution chains and the states' antitrust standing and teeing up the case for trial.
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February 13, 2026
'Acqui-Hires' In AI Drawing Antitrust Scrutiny, Tech Attys Say
Attorneys with Nvidia, Google and Uber took the stage at a conference hosted by Baker McKenzie to discuss emerging trends in antitrust enforcement, including how booming AI investment has produced new regulatory scrutiny of "acqui-hires," in which large companies acquire startups primarily to hire their teams.
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February 13, 2026
FTC Mulls Merger Rule Appeal, Blasts 'Left-Wing' Chamber
After a Texas federal judge struck down a major overhaul of premerger reporting requirements, the Federal Trade Commission said Friday it would keep its options open for continuing the legal fight while also assailing the U.S. Chamber of Commerce, the plaintiff in the case, as a "left-wing" organization.
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February 13, 2026
Chewy Settles Antitrust Claims Over Elanco Flea & Tick Meds
Chewy has reached a settlement with consumers in a case accusing Elanco Animal Health Inc. of paying several pet supply retailers not to stock generic versions of its Advantix topical flea and tick prevention drugs.
Expert Analysis
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'
An ongoing antitrust suit in Minnesota federal court filed by Sezzle against Shopify — one of the earliest such lawsuits focused on buy now, pay later services — could play a particularly informative role in how short-term credit offerings and the broader market develop, say attorneys at Alston & Bird.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Chancery Exec Noncompete Ruling Offers PE Buyer Lessons
In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
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Key Trends In Healthcare Antitrust In 2025
The healthcare industry braced for significant antitrust enforcement shifts last year driven by a change in administration, and understanding the implications of these trends is critical for healthcare organizations' risk management and strategic decision-making in the year ahead, say attorneys at Michael Best.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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What 2025 Enforcement Actions Show About FERC's Priorities
A review of the Federal Energy Regulatory Commission's 2025 enforcement record suggests that this year, the commission will persist in holding market participants to their commitments, and continue active market surveillance and close cooperation with market monitors, says Ruta Skucas at Crowell & Moring.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.