Competition

  • August 06, 2025

    Vivint Asks 4th Circ. To Rethink Affirming $190M TM Verdict

    Vivint Smart Home Inc. is looking for a do-over after the Fourth Circuit affirmed a nearly $190 million verdict in a suit accusing it of deceiving customers of a rival security company, saying the ruling flouts North Carolina's cap on punitive damages and ignores state appellate precedence.

  • August 06, 2025

    Rising Star: Skadden's Evan R. Kreiner

    Evan R. Kreiner of Skadden Arps Slate Meagher & Flom LLP played a key role in Sabre Holdings Corp.'s win against US Airways in the first antitrust case tried to a jury verdict related to a two-sided transaction platform, landing him among the competition attorneys under age 40 honored by Law360 as Rising Stars.

  • August 06, 2025

    DOJ, Google Get OK For 2-Week Ad Tech Remedies Trial

    When Google faces off against the U.S. Department of Justice at trial next month to determine what remedy the tech behemoth should provide for illegally maintaining a monopoly over advertising technology services, they'll each get five or six court days to make their case.

  • August 06, 2025

    BREAKING: FTC Challenges $945M Heart Valve Deal

    The Federal Trade Commission filed suit Wednesday against Edwards Lifesciences Corp. over the company's proposed $945 million purchase of JenaValve Technology Inc., arguing the deal would give Edwards control over both of the only firms with ongoing U.S. clinical trials developing an important heart valve replacement device.

  • August 06, 2025

    Feuding Flag Football Organizations Settle TM Dispute

    USA Football and USA Flag have agreed to settle a pair of cases they brought against each other alleging trademark infringement, unfair competition and false representations stemming from who should govern flag football in the U.S.

  • August 06, 2025

    CMA Clears $13B Omnicom-Interpublic Merger

    Britain's competition watchdog said Wednesday it has cleared the approximately $13 billion merger of U.S.-based marketing communications heavyweights Omnicom Group Inc. and Interpublic Group of Companies Inc., following a similar decision in the U.S. in June.

  • August 05, 2025

    Law, Medical School Orgs Face Application Fee Antitrust Suits

    The Law School Admission Council and the Association of American Medical Colleges have each been hit with a proposed class action in Pennsylvania and D.C. federal courts, respectively, by candidates who said the nonprofits conspired with their member schools to charge excessive application fees that have been fixed at the same price regardless of the school.

  • August 05, 2025

    Apple Looks To Nix Consumer Antitrust Case, Decertify Class

    Apple told a California federal court that antitrust claims from a class of more than 185 million consumers targeting its App Store policies should not go to trial because the allegations focus on legitimate product design and business decisions, not anti-competitive conduct.

  • August 05, 2025

    Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent

    A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.

  • August 05, 2025

    Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill

    A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.

  • August 05, 2025

    FCC Asked To Reconsider Paramount-Skydance Deal

    The Federal Communications Commission needs to rethink its decision to greenlight Skydance Media's controversial $8 billion acquisition of Paramount Global, a third-party firm has told the agency, arguing it never addressed "substantial evidence in the record" that Paramount was talking to President Donald Trump on the sidelines.

  • August 05, 2025

    Google Ad Exchange Rival Follows DOJ With Antitrust Suit

    A Google rival entered the fray over advertising placement technology with a Virginia federal court complaint explicitly following in the wake of the Justice Department's successful lawsuit that led to Google being liable for illegally monopolizing two targeted ad tech markets.

  • August 05, 2025

    NAB Says Streamers' Success Makes 39% Cap Outdated

    The broadcast industry's top lobbying group said marketplace changes call for the Federal Communications Commission to lift the 39% cap on national TV audience share.

  • August 05, 2025

    Yacht Listing Co. Tells 11th Circ. Sellers Agree To Arbitrate

    A yacht listing service told the Eleventh Circuit that sellers agree to arbitrate any claims related to the platform when a broker lists their vessel, as it looks to force arbitration in a case accusing it of conspiring with others to inflate broker fees.

  • August 05, 2025

    Advocacy Org. Wants FTC's Full, Dropped Pepsi Complaint

    The Federal Trade Commission's price discrimination complaint against Pepsi could become public after all, despite the agency dropping the lawsuit, after a New York federal judge on Tuesday permitted an advocacy group to intervene in the case in order to seek the full, unredacted filing.

  • August 05, 2025

    Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told

    The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.

  • August 05, 2025

    Rising Star: Clifford Chance's Danielle Morello

    Danielle Morello of Clifford Chance LLP helped Caterpillar defeat long-running antitrust claims seeking $2 billion and assisted UScellular on a $4.4 billion acquisition by T-Mobile, earning her a spot among the competition practitioners under age 40 honored by Law360 as Rising Stars.

  • August 05, 2025

    Amazon, DC AG Seek To Delay Antitrust Trial To May 2027

    The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.

  • August 05, 2025

    Teva Settles Claims Over Delayed Generic Asthma Inhalers

    Teva Pharmaceuticals has settled a 2023 lawsuit by a coalition of union healthcare funds accusing the company of thwarting the introduction of a generic version of its QVAR inhalers to the market, according to a filing in Massachusetts federal court.

  • August 05, 2025

    Property Co. Backs Calif. Tribe In $700M Casino Row

    A property owner has urged a D.C. federal judge in an amicus brief to grant the Scotts Valley Band of Pomo Indians' quick win bid in the tribe's suit accusing the federal government of wrongfully blocking the tribe's $700 million casino project in Vallejo, California.

  • August 05, 2025

    Pharma Startup Claims Lupin Stole Inhaler Trade Secrets

    Pharmaceutical startup Transpire Bio has accused Lupin Pharmaceuticals and its affiliates of stealing trade secrets related to the development of generic inhalers, alleging in a Florida federal complaint that a Lupin scientist briefly took a job with Transpire and returned to Lupin with confidential information.

  • August 05, 2025

    CMA Launches In-Depth Probe Of Catering Services Merger

    United Kingdom antitrust enforcers are officially launching an in-depth review of Aramark Group's acquisition of Scottish catering company Entier Ltd., saying Tuesday that Aramark declined to volunteer any remedies that would assuage competition concerns during the government's initial review phase.

  • August 04, 2025

    9th Circ. Says Rival Vegas Newspapers' Deal Was Not Legal 

    The Ninth Circuit handed a win to a Las Vegas newspaper formerly owned by the late billionaire Sheldon Adelson in antitrust litigation accusing the daily of trying to ruin its liberal rival, saying Monday that the papers' joint operating agreement should be dissolved as "unlawful and unenforceable."

  • August 04, 2025

    Sandwich Seller Owes $32K For Breaching Noncompete Pact

    A Pennsylvania federal judge on Monday found in favor of the owners of a sandwich fundraising and catering company who accused its former owner of breaching multiple noncompete and confidentiality agreements by launching a rival business and stealing recipes and customer information.

  • August 04, 2025

    Archery Trade Group Accused Of Price-Fixing In Colo. Suit

    Two archery equipment customers have told a Colorado federal court that manufacturers, retail distributors and trade associations in the archery equipment space are illegally inflating the price of goods through rigorously enforced minimum advertised pricing policies.

Expert Analysis

  • FTC Focus: Surprising Ways Meador And Khan Sound Alike

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    Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.

  • Compliance Is A New Competitive Edge For Mortgage Lenders

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    So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.

  • Noncompete Forecast Shows Tough Weather For Employers

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    Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • The Int'l Compliance View: Everything Everywhere All At Once

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    Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.

  • Unpacking Notable Details From FTC's 'AI Washing' Cases

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    The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.

  • Antitrust Considerations Amid Cricket's US Expansion

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    As cricket continues to grow in popularity in the U.S., leagues, teams and enterprises operating in adjacent spaces should consider the potential antitrust risks associated with their business decisions, particularly around league operations and regulations, broadcasting, licensing, and player labor and mobility, say attorneys at Morgan Lewis.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Trump's 2nd Term Puts Merger Remedies Back On The Table

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    In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.

  • What To Know About NCAA Deal's Arbitration Provisions

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    Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.

  • Opinion

    Premerger Settlements Don't Meet Standard For Bribery

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    Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • And Now A Word From The Panel: Back In Action

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    A lack of new petitions at the May hearing session of the Judicial Panel on Multidistrict Litigation caught many observers' attention — but a rapid uptick in petitions scheduled to be heard at this week's session illustrates how panel activity always ebbs and flows, says Alan Rothman at Sidley.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

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