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Competition
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January 22, 2026
Google, Epic Fight Uphill To Tweak App Antitrust Injunction
A California federal judge indicated Thursday that he's unlikely to grant Epic and Google's request to modify a permanent injunction issued after a jury found Google monopolized the distribution of apps on Android devices, saying they have to show changed circumstances, and "I haven't seen anything change, other than a deal" between the companies.
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January 22, 2026
House Report Claims Evidence of CVS Antitrust Violations
House Judiciary Committee staffers said Wednesday that they'd uncovered "a pattern of anticompetitive activity" in CVS Health tactics aimed at coercing independent pharmacies into avoiding working with online services the company saw as a threat to its own pharmacy and pharmacy benefit manager businesses.
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January 22, 2026
FTC Defends BOTS Act Case Against Live Nation
The Federal Trade Commission urged a California federal court not to toss its case accusing Live Nation of deceiving customers and artists, saying the live events and ticketing giant failed to disclose the actual price of tickets and turned a blind eye to scalpers on its platforms.
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January 22, 2026
5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award
The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.
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January 22, 2026
Colo. Co. Can't Sue Target Again For Infringement, Court Told
A Colorado-based clothing company cannot bring claims that Target infringed the company's registered copyright on several infant sleepwear products, the retail giant told a federal judge, arguing that a prior lawsuit against Target prevents the clothing company from suing it again.
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January 22, 2026
Walmart Broke Grocery Noncompete Promise, Court Told
The owner of a suburban Pittsburgh grocery store told a Pennsylvania federal judge Thursday that a neighboring Walmart is in violation of a nearly 30-year-old deal not to compete for food sales, blaming a recent remodel for a drop in the grocer's sales.
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January 22, 2026
10th Circ. Partly Revives Pest Control Co.'s Fraud Claims
The Tenth Circuit has partially revived a case brought by one pest control company against a competitor alleging the business rival bribed employees to turn over sales data, disagreeing with a lower court that the company had not shown financial losses.
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January 22, 2026
Drugmakers May Dodge Disgorgement In States' Antitrust Suit
A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.
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January 22, 2026
2nd Circ. Stays Nielsen's National-Local Data Tying Block
The Second Circuit temporarily paused a New York federal judge's order blocking Nielsen from tying access to its nationwide radio ratings data to the purchase of local market data.
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January 22, 2026
FTC Cites 'Serious Concerns' With Epic-Google Play Deal
A settlement resolving Epic Games' antitrust lawsuit against Google that would replace the injunction Epic won against Google's Play Store controls has drawn pushback from the Federal Trade Commission, which is urging strict scrutiny of the agreement currently under the eye of an already skeptical California federal judge.
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January 22, 2026
Google Can't Duck Case Over Paid Search, Privacy Claims
A California federal court has refused to toss a proposed consumer class action alleging Google's default search agreements block competition from rival search engines that could provide more privacy or even pay users to search.
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January 22, 2026
AGs Target Investor Advocacy Group As 'Climate Cartel'
A group of state attorneys general led by Florida Attorney General James Uthmeier issued a warning letter Wednesday to climate advocacy organization Ceres claiming concerns about violations of antitrust and consumer protection laws.
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January 22, 2026
Amazon Says IP Lawyer Can't Dodge Trademark Suit
Amazon is pushing back against an intellectual property lawyer's effort to escape a lawsuit accusing him of conspiring with a Chinese company to sidestep a U.S. Patent and Trademark Office rule, arguing the claims were properly pled and that the Seattle federal court is the proper venue.
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January 22, 2026
NCAA Tells 4th Circ. Appeal Of Eligibility Ruling Should Go On
The NCAA has urged the Fourth Circuit to keep hearing its appeal of a preliminary injunction letting four West Virginia University football players compete in a season that is now over, arguing that similar challenges to its eligibility rules are inevitable.
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January 22, 2026
Ethanol Biz Loses Bid To Overturn €48M Price-Fixing Fine
A Swedish ethanol producer failed on Thursday to overturn a €47.7 million ($55.9 million) fine for colluding to maintain high prices by market manipulation after a European appeals court ruled that a competition watchdog did not presume it was guilty.
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January 21, 2026
CVS, UnitedHealth, Express Scripts Duck PBM Antitrust Suit
A Missouri federal judge has thrown out a proposed class action accusing the country's three largest pharmacy benefit managers — owned by CVS, UnitedHealth Group and Cigna Group — of inflating prescription costs through their rebating practices.
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January 21, 2026
Epic Games Taps Veteran BigTech GC Amid Antitrust Fights
Veteran technology-industry attorney Reginald "Reggie" Davis, who recently served as Qualia Labs Inc.'s general counsel, has joined Epic Games Inc. as its top in-house attorney, moving to Epic as the Fortnite game-maker is in the midst of wrapping up its years-long antitrust battle against Google and Apple.
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January 21, 2026
Medtronic 'Blocked' Surgical Device Competition, Jury Told
An executive at Applied Medical Resources Corp. on Tuesday told a California federal jury considering antitrust claims against Medtronic Inc. that a surgical device his company introduced a decade ago had great success in Europe but was "blocked" in the U.S. by Medtronic's practice of "bundling" products.
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January 21, 2026
PE Firm Used Jail Threats To Steer Cannabis Deal, Court Told
A private equity firm can't free itself from a contract breach spat between a CBD and hemp product manufacturer and its business partner, as the firm not only interfered with the contract but also threatened to have people thrown in jail if they refused to capitulate, a North Carolina federal court heard Wednesday.
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January 21, 2026
Texas AG Launches Investigation Into Vaccine Incentives
The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."
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January 21, 2026
5th Circ. Leans Toward Vacating Airline Fees Disclosure Rule
The full Fifth Circuit wanted to know Wednesday why it shouldn't just do away with a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, saying that the government seemed to be arguing that the court should just vacate the rule.
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January 21, 2026
Midwives Challenge Miss. Practice Limits In Antitrust Suit
The American College of Nurse-Midwives launched a suit seeking to permanently block Mississippi rules requiring certified nurse-midwives to obtain collaboration agreements with physicians, arguing the rules unlawfully restrict competition and exacerbate public health challenges in the state.
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January 21, 2026
BCBS Says Bankrupt Hospital Can't Leave $3B Antitrust Deal
Blue Cross Blue Shield is opposing a bankrupt Alabama hospital's bid to opt out of a $2.8 billion antitrust class action settlement to pursue its own claims in bankruptcy court, arguing the hospital has no excuse for missing the deadline.
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January 21, 2026
FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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January 21, 2026
UFC Asks 9th Circ. To Nix 'Overbroad' Discovery In Wage Suits
The Ultimate Fighting Championship urged the Ninth Circuit to immediately stop a Nevada federal court from enforcing a "breathtakingly overbroad" discovery order in wage suppression lawsuits, saying it violates attorney-client privilege and the First Amendment.
Expert Analysis
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A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Opinion
The Fallout Of Drake's Defamation Suit Against UMG
Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.
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Filing Clarifies FTC, DOJ's Passive Investment Stance
The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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How Big Pharma Has Responded To FTC Delisting Demands
Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.