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Competition
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October 21, 2025
Apple Slams 'Fatally Broad' App Store Injunction At 9th Circ.
Apple urged the Ninth Circuit Tuesday to scrap a mandate blocking it from charging any commission on iPhone app purchases made outside its systems, slamming the district court's "fatally broad" injunction and arguing that the court's zero-commission rule is "the antithesis of a proper civil contempt remedy."
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October 21, 2025
Anesthesia Giant Cuts Deals To End Hospital Antitrust Cases
North America's largest anesthesia provider has reached settlements ending antitrust claims from hospitals in New York and Florida as well as counterclaims accusing the hospitals of illegally recruiting away clinicians, according to court filings.
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October 21, 2025
Judge Sends Solar Co.'s Panama Grid Access Row To Trial
An Illinois federal judge on Tuesday said Spanish energy company Avanzalia Solar can pursue a claim that rival Goldwind Americas blocked and delayed access to the Panamanian power grid.
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October 21, 2025
Comcast Can't Yet Defeat Ad Market Power Abuse Claims
An Illinois federal judge has refused to hand Comcast a pretrial win in long-running litigation accusing the company of refusing to work with advertisers that don't use the cable provider's internal advertising system, ruling that the platform at issue is one-sided and that a damages expert dispute is best resolved at trial.
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October 21, 2025
FTC's Holyoak Thinks US Enforcers Should Stick To US Law
Federal Trade Commission member Melissa Holyoak suggested Tuesday that the Republican-led agency is unlikely to nudge its international peers to block mergers on its behalf, as it was accused of doing previously.
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October 21, 2025
Judge Trims Pharma Co. Claims Against Ex-Employees
A Florida federal judge has narrowed pharmaceutical company Lupin Inc.'s lawsuit accusing a rival of stealing trade secrets, freeing a pair of former employees of claims that they breached their fiduciary duties by allegedly swiping the company's confidential information.
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October 21, 2025
NASCAR Drivers Demand Say In Antitrust Settlement Talks
A group of NASCAR drivers is seeking to weigh in on the highly publicized antitrust suit against the private stock car racing organization as the parties mull the possibility of a settlement, citing concerns Tuesday that their interests risk being overlooked.
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October 21, 2025
UK Enforcer Backs Private Immunity For Reporting Cartels
Britain's competition enforcer told the government Tuesday that leniency applicants who are the first to report cartel activity should be afforded full immunity from damages under the collective actions regime to help boost enforcement efforts.
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October 21, 2025
Regeneron, Rival End Patent Fight Over Eye Med Biosimilar
Regeneron and a South Korea-based rival it had accused of infringing several patents covering the U.S. biotech company's top eye medication Eylea have agreed to a settlement to put an end to the case filed in West Virginia federal court.
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October 21, 2025
Football Players Urge Judge To Rethink Tossing $50M NIL Suit
A Michigan federal judge committed "a clear error of law" by dismissing a $50 million antitrust suit against the NCAA by four former college football players last month based on the statute of limitations and on a misapplication of recent rulings involving other past college athletes' publicity rights, attorneys for the former football players said Tuesday in a motion to reconsider the suit's dismissal.
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October 21, 2025
Southern Glazer's Settles Online Alcohol Co. Antitrust Suit
Online alcohol marketplace Provi's lawsuit against major alcohol distributors is over after an Illinois federal judge entered judgment following the completion of a second settlement resolving claims that Southern Glazer's Wine and Spirits LLC conspired with Republic National Distributing Co. LLC to shut it out of the market.
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October 21, 2025
Chamber Survey Says Overhaul Doubled Merger Filing Burden
The U.S. Chamber of Commerce on Monday released the results of a small survey indicating that an overhaul of U.S. merger notification requirements, which it's challenging in court, has created a dramatic increase in the time spent by outside counsel and the costs associated with preparing transaction paperwork.
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October 21, 2025
9th Circ. Urged To Revive 5-Hour Energy Price Bias Suit
Family-owned wholesalers have told the Ninth Circuit that a lower court added new requirements with its latest ruling rejecting allegations that the maker of 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.
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October 21, 2025
Vivid Seats Faces Class Action Claiming 'Drip Pricing' Tactics
Ticket reseller Vivid Seats is facing a proposed class action alleging that it used "drip pricing" to illegally deceive consumers by advertising artificially low ticket prices before revealing mandatory fees at checkout.
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October 20, 2025
Calif. Credit Cardholders Can't Get Swipe Fee Case Do-Over
A New York federal judge who was recently assigned to a putative interchange fee class action lawsuit from California cardholders against Visa, Mastercard and major banks in long-running multidistrict litigation has denied their motion for reconsideration of another judge's reconsideration denial.
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October 20, 2025
Judge Blocks Ohio Ban On NIL For High School Athletes
An Ohio judge on Monday opened the door to high school athletes in the state to begin receiving name, image and likeness compensation, granting a request by the mother of a star football player to immediately block a ban on such payments.
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October 20, 2025
OpenAI Says It Owes Musk Nothing In For-Profit Move
OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.
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October 20, 2025
Jack Nicklaus Wins $50M In Fla. Defamation Trial
A Florida jury on Monday awarded Jack Nicklaus $50 million in his defamation lawsuit against the company named after him, finding it made false statements in a 2022 New York lawsuit over the golf legend's interest in a Saudi Arabian league and disseminated those claims to news organizations.
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October 20, 2025
Ski Equipment Makers Targeted In EU Antitrust Probe
The European Union's executive branch on Monday said it, along with local competition authorities, is conducting unannounced inspections at ski equipment companies it believes have formed an illegal cartel in violation of antitrust laws.
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October 20, 2025
Radio Co. Challenges Nielsen's National-Local Data 'Tying'
Cumulus Media sued Nielsen in New York federal court last week, as the local and national radio network owner seeks temporary and lasting blocks on a new ratings data policy Cumulus says entrenches Nielsen's monopolies by conditioning comprehensive nationwide data on subscriptions to the data for local geographies.
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October 20, 2025
AI-Driven Marketing Biz Says Ex-Workers Lifted Trade Secrets
Artificial intelligence-integrated marketing and advertising venture AIquire Inc. sued a newer, climate-focused marketing business in Delaware federal court on Friday, accusing former employees and affiliated companies of misappropriating trade secrets to build the new business, Climaty.
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October 20, 2025
UK Steps Up Antitrust Probe Into Getty-Shutterstock Merger
The U.K. antitrust regulator escalated its investigation into Getty's proposed acquisition of Shutterstock, citing on Monday "realistic" risks that a combined $3.7 billion entity could harm competition.
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October 20, 2025
UK Clears $24.2B Global Payments Deal For Worldpay
Britain's antitrust authority said Monday that it has given the green light to Global Payments' planned acquisition of payments giant Worldpay for $24.25 billion after finding that it will not harm competition in any U.K. markets.
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October 20, 2025
UK Retailers Add To £675M Salmon-Farming Cartel Claim
A group of major U.K. supermarkets has added a new part to its £675 million ($905 million) cartel claim against salmon producers, according to an entry on an online filing system that has now been made public.
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October 20, 2025
Justices Won't Review Optional NAR Rule In Zillow Case
The U.S. Supreme Court refused Monday to review claims that Zillow and the National Association of Realtors blocked competition through an optional association rule that relegated a defunct brokerage platform's listings to a secondary tab on Zillow's site.
Expert Analysis
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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New Law May Reshape Fla. Employer Noncompete Strategy
With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.