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Competition
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Featured
More Push In The 'Push-Pull' As DOJ Targets 'Gamesmanship'
The U.S. Department of Justice continues to build its task force targeting "gamesmanship" that it says BigLaw attorneys for major companies, especially technology platforms, are using to obstruct antitrust investigations — an effort that has been welcomed by some practitioners and questioned by others.
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February 19, 2026
UK Raises Antitrust Concerns In Getty's Shutterstock Deal
The U.K.'s antitrust authority said Thursday that it has provisionally found that Getty Images' planned $3.7 billion acquisition of Shutterstock could harm the supply of editorial images in Britain.
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February 19, 2026
Spread-Betting Biz Fights Order To Unwind Merger With Rival
Sports betting company Spreadex urged the Competition Appeal Tribunal on Thursday to quash an order forcing it to sell a business it acquired in 2023, saying that it was wrong to find that the merger would threaten competition.
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February 18, 2026
Bang Energy's Founder Denied Stay Of Adversary Suit
A Florida bankruptcy judge denied a bid to halt an adversary lawsuit alleging that misconduct from the founder of Bang Energy drinks left his company insolvent, saying on Wednesday that no irreparable harm was shown without a stay and that a request for a stay is overly broad.
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February 18, 2026
Birkin Bag Fans Appeal Hermès' 'Predetermined' Antitrust Win
Shoppers urged the Ninth Circuit Wednesday to revive their proposed class action accusing Hermès of illegally tying the sale of its iconic Birkin handbags to other expensive luxury items, arguing that the lower court erroneously "predetermined" the outcome of their case even before they filed their latest complaint.
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February 18, 2026
Trans Health Org Sues To End 'Unconstitutional' FTC Inquiry
The World Professional Association for Transgender Health on Wednesday sued over the Federal Trade Commission's recent consumer protection investigation into the major transgender medical group, claiming the probe is an unconstitutional attack aimed at undermining access to gender-affirming care.
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February 18, 2026
Equifax's Bid To Arbitrate 'Too Clever By Half,' Judge Says
Equifax waived its right to arbitrate a proposed class action accusing it of monopolizing the income and employment verification market, a Pennsylvania federal judge ruled, calling the credit reporting agency's post-complaint addition of an arbitration provision in its user agreement a legal tactic "too clever by half."
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February 18, 2026
Blue Shield Of Calif. Says 'Ghost Network' Action Falls Flat
Trouble finding a mental health care therapist is unfortunate but not something that an entire class action can be based on, argued Blue Shield of California, urging a federal judge to dismiss a suit accusing the company of maintaining a "ghost network" directory of providers who don't exist or don't accept new patients.
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February 18, 2026
Canada's Olympic Body Joins NHL, CHL Antitrust Defense
Canadian hockey officials asked the Ninth Circuit to reject an appeal from junior players who sued the National Hockey League and its pipeline organizations over alleged antitrust violations, arguing certain rules actually benefit the community and foster competition.
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February 18, 2026
Live Nation Antitrust Claims Heading To Trial
A New York federal judge on Wednesday refused a bid from Live Nation Entertainment Inc. to avoid a looming trial in a case from the U.S. Department of Justice and state enforcers accusing it of monopolizing the live entertainment industry.
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February 18, 2026
Binance.US, Crypto Data Site Beat Antitrust Suit Again
Binance.US and a digital asset market data website have again beaten proposed class action claims they suppressed a cryptocurrency's value by misstating its ranking in violation of federal antitrust law and commodities regulation, though the investor who brought the suit has a chance to revise the claims.
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February 18, 2026
Judge Won't Let MediaTek Out Of Bogus Litigation Case
A California federal judge won't grant Taiwanese semiconductor maker MediaTek Inc. a win in a lawsuit from Taiwanese competitor Realtek accusing the former of colluding with other companies to harass Realtek with bogus patent cases, saying a Texas federal judge's ruling that denied Realtek sanctions in a case there didn't mean the baselessness of the case couldn't be relitigated.
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February 18, 2026
Sandoz's Case Against Amgen Over Enbrel Biosimilar Tossed
A Virginia federal court found that Sandoz Inc. should have brought its claims accusing Amgen of blocking competition for Enbrel in a previous patent dispute over the blockbuster autoimmune disease treatment.
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February 18, 2026
Sen. IP Leads Worry About Outsize Standards Influencers
U.S. senators who lead the Judiciary Committee's subcommittee on intellectual property wrote to the head of the American National Standards Institute stressing "the essential importance of integrity, balance and transparency" while developing standards in the U.S.
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February 18, 2026
DOJ Allowed To Dictate Pay, Term Of Google Search Watchers
A D.C. federal judge sided with the U.S. Department of Justice on Tuesday regarding the key terms of service for the five-member technical committee tasked with observing Google's compliance with mandates to prop up rival search engines with search results and data.
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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.
Editor's Picks
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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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What To Expect From The Competition Appeal Tribunal In 2026
With a new president at the helm, potential government reform and a crowded trial calendar, lawyers say the next 12 months will see a Competition Appeal Tribunal with a more disciplined judicial culture.
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Antitrust Cases Ahead: Live Nation, Middleman On Trial
The U.S. Department of Justice and Federal Trade Commission enter 2026 with decisions to make about how to regroup after coming up short in major cases against Google and Meta Platforms.
Expert Analysis
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Series
Trivia Competition Makes Me A Better Lawyer
Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.
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Ruling Puts Guardrails On FTC Merger Filing Rule Expansion
A Texas federal court recently vacated the Federal Trade Commission's overhaul of the Hart-Scott-Rodino premerger notification form, in a significant setback for the antitrust agencies, say attorneys at Reed Smith.
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Opinion
Federal Preemption In AI And Robotics Is Essential
Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.
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Series
Law School's Missed Lessons: What Cross-Selling Truly Takes
Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.
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CFIUS Initiative May Smooth Way For Some Foreign Investors
A new program that will allow certain foreign investors to be prevetted and admitted to fast-track approval by the Committee on Foreign Investment in the United States will likely have tangible benefits for investors participating in competitive M&A, say attorneys at Simpson Thacher.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Takeaways From 1st DOJ Antitrust Whistleblower Payout
The U.S. Justice Department's recent $1 million antitrust whistleblower reward accelerates the race to report by signaling that the Antitrust Division's program can result in substantial financial awards and reinforcing the need for corporate compliance programs that reach beyond core components, say attorneys at Pillsbury.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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Navigating New Risks Amid Altered Foreign Issuer Landscape
The U.S. Securities and Exchange Commission's potential rulemaking to redefine who qualifies as a foreign private issuer will shape securities regulation and enforcement for decades, affecting not only FPIs and U.S. investors but also the U.S.' position in global capital markets, says Elisha Kobre at Sheppard.
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Reflections From High Court Oral Args Over Fed Gov. Removal
In the oral arguments last month for Trump v. Cook, which asks the U.S. Supreme Court to clarify the circumstances under which the president can remove a Federal Reserve Board governor, the justices appeared skeptical about ruling on the substantive issues in view of the limited record and analysis, say attorneys at Ballard Spahr.
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CFIUS Risk Lessons From Chips Biz Divestment Order
President Donald Trump's January executive order directing HieFo to unwind its 2024 acquisition of a semiconductor business with ties to China underscores that even modestly sized transactions can attract CFIUS interest if they could affect strategic areas prioritized by the U.S. government, say attorneys at Debevoise.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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Tips For Financial Advisers Facing TRO From Former Firm
The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.
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How Latest Nasdaq Proposals Stand To Raise Listings Quality
Nasdaq's recent proposals stand to heighten both quantitative and qualitative standards for issuers, which, if approved, may bring investors stronger market integrity and access but also raise the listings bar, say attorneys at Norton Rose.
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Opinion
CFIUS Must Adapt To Current Foreign Investment Realities
To continue protecting the U.S.’ long-term strategic and economic interests, the Committee on Foreign Investment in the United States should implement practical enhancements that leverage technology, expertise and clear communication, and enable it to keep pace with evolving demands, says attorney Sohan Dasgupta.