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Competition
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Featured
FTC Chair Wants Merger Cases Filed Only In Fed. Court
Federal Trade Commission Chairman Andrew Ferguson said Friday that the agency should bring its merger challenges directly in federal court, rather than the agency's in-house administrative process, as it typically has done.
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February 24, 2026
Tether, Bitfinex Investors Win Cert. In Bitcoin Rigging Suit
A group of Tether and Bitfinex investors who acquired bitcoin or Ethereum scored class certification in their case accusing the digital asset companies of rigging the cryptocurrency market and costing them hundreds of billions of dollars, according to a sealed opinion issued Monday by a New York federal judge.
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February 24, 2026
IPhones Are Radios, Not Phones, Under Wash. Consumer Law
A federal judge tossed a case accusing Apple, Best Buy and Walmart of breaking a Washington state law meant to protect telephone buyers, ruling in a matter of first impression that iPhones qualify as radio equipment, not telephone handsets, for the purposes of the state's Telephone Buyers' Protection Act.
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February 24, 2026
Agri Stats To Face DOJ In May Info-Sharing Antitrust Trial
A Minnesota federal judge refused Tuesday to let Agri Stats duck the U.S. Department of Justice's antitrust case alleging the companies' protein industry reports help major producers hike prices, teeing up the case for trial and at the same time allowing the government to take over an early May trial slot.
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February 24, 2026
2nd Circ. Orders Royalty Redo In Music Licensing Case
The Second Circuit on Tuesday ordered a federal judge to recalculate what royalties are owed to a music licensor from the North American Concert Promoters Association, saying the judge had adopted a revenue structure with no precedent in the concert industry without explaining why.
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February 24, 2026
Feds' White Collar Crime Enforcement 'Retreat' Raises Alarms
Money laundering-related fines and tax fraud investigations plummeted last year as President Donald Trump shifted federal agents away from combating financial crime to focus on the immigration crackdown, according to recent reports that have raised alarms among experts about the state of white collar enforcement in the U.S.
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February 24, 2026
Judge Won't Grant Win To Tech Co. In Accent Translation Case
A California federal judge has refused to grant a favorable judgment to Krisp Technologies Inc. in a case brought against it by Sanas.AI Inc. alleging the former stole trade secrets relating to an accent translation technology during a brief collaboration and is now infringing patents covering that technology.
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February 24, 2026
Mallinckrodt's Ch. 11 Blocks Antitrust Payouts, Judge Rules
A Connecticut federal judge has ruled that drugmaker Mallinckrodt PLC shrugged off monetary claims brought by states in a sprawling generic drug antitrust enforcement action when the company emerged from bankruptcy in 2022.
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February 24, 2026
SAP Reaches $480M Deal In Antitrust, IP Row With Teradata
German software giant SAP has agreed to pay Teradata $480 million to end a long-simmering dispute between the companies, including claims that SAP violated antitrust law and stole trade secrets, along with patent infringement claims against Teradata.
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February 24, 2026
Quince Says Uggs Maker Runs 'A Litigation Assembly Line'
Retailer Quince has sued Ugg bootmaker Deckers Outdoor Corp. in California federal court, saying it runs "a litigation assembly line" churning out "sham" lawsuits to block competitors, as the companies head toward a June trial in separate litigation over Deckers' trade dress and patent infringement claims against Quince.
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February 24, 2026
Chamber Pushes 5th Circ To Keep FTC Merger Overhaul Nixed
The U.S. Chamber of Commerce pressed the Fifth Circuit to let merging companies revert to their old notification form while the Federal Trade Commission challenges a lower court order scrapping its overhaul of reporting requirements, arguing the agency cannot save the new form.
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February 24, 2026
Personal Injury Firm Fights Sanctions Bid In Swipe-Fee Case
A personal injury firm and its referral partner have pushed back against a sanctions bid from a class of merchants in a long-running antitrust litigation against Visa and Mastercard over swipe fees, arguing the plaintiffs are seeking "drastic relief" without a showing that any class member was harmed by allegedly misleading information the firm gave them.
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February 24, 2026
8th Circ. Won't Revive Iowa Pathology Lab's Antitrust Claims
The Eighth Circuit has affirmed a lower court ruling that tossed a case accusing Iowa Pathology Associates of monopolizing pathology services in central Iowa, finding the rival never explained why doctors can't use labs that are located further away.
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February 24, 2026
Paramount Revises WBD Offer As Netflix Bid War Goes On
Paramount Skydance said Tuesday it has submitted a revised proposal to purchase Warner Bros. Discovery following a seven-day waiver period under WBD's merger agreement with Netflix.
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February 23, 2026
Crowell & Moring Nabs Robins Kaplan NY Antitrust Head
The former head of Robins Kaplan LLP's New York antitrust group has joined Crowell & Moring LLP as an antitrust and competition group partner, the firm announced Tuesday.
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February 23, 2026
Feds Point To 8th Circ. In Sinclair Station Takeover OK
Sinclair Inc. has gotten the go ahead to proceed with the acquisition of three television stations in Michigan and New York that it previously would have been barred from buying under long-standing FCC media ownership rules that were recently struck down by the Eighth Circuit.
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February 23, 2026
Bayer Sues J&J Over Alleged False Cancer Drug Claims
Johnson & Johnson is leaning on a flawed study to advertise its prostate cancer drug as having lower risk of death compared with Bayer's medication, alleged a New York federal lawsuit filed Monday by Bayer, which seeks to immediately halt J&J's advertising campaign and recover damages.
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February 23, 2026
Flyers Seek TRO In Alaska-Hawaiian Merger Antitrust Suit
Airline passengers are urging a Hawaii federal judge to preserve Hawaiian Airlines as a standalone carrier, contending in a recently revived antitrust lawsuit that Hawaiian's 2024 merger with Alaska Airlines has harmed consumers with higher fees, reduced routes and eroded frequent flyer rewards.
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February 23, 2026
Disney Slams Dish's Antitrust Counterclaims In Sling TV Suit
The Walt Disney Co. and ESPN urged a New York federal court to toss Dish Network's antitrust counterclaims accusing Disney of forcing it to carry less desirable channels in order to gain access to the "must-have" ESPN, saying Dish's refusal to adapt as streaming platforms evolve is not Disney's fault.
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February 23, 2026
FTC, DOJ Mulling New Competitor Collaboration Guidelines
The U.S. Department of Justice and Federal Trade Commission said Monday that enforcers are planning to issue new antitrust guidelines for collaborations among competitors after the previous administration pulled guidance that had been in place for more than 20 years.
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February 23, 2026
Judge Puts Ohio State NCAA Hoopster Back On Court
A state judge granted an Ohio State basketball player a preliminary injunction that allows him to participate in a final season, finding the NCAA's eligibility rules likely placed an unreasonable restraint on trade in violation of the state's antitrust law.
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February 23, 2026
American Airlines' Contract Battle With JetBlue Stays In Texas
The Texas Business Court has denied a bid by JetBlue to escape a lawsuit alleging the airline neglected to pay American Airlines money it owed as a part of a profit-sharing agreement, finding the court has jurisdiction to hear the case.
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February 23, 2026
Vape Makers, Distributors Want Antitrust Claims Tossed
A group of vape manufacturers and distributors are asking a California federal judge to throw out consumers' claims in antitrust multidistrict litigation, saying the allegations fail to establish either standing or the existence of a price-fixing conspiracy.
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February 23, 2026
Judge Hands NCAA Eligibility Win, Denies Tenn. QB's Bid
University of Tennessee quarterback Joey Aguilar's challenge to NCAA rules limiting his eligibility after transferring from junior college was cut short by a Tennessee state judge, who denied an injunction request that would allow him to play next season.
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February 23, 2026
Live Nation Wants To Appeal DOJ Antitrust Case Now
Live Nation Entertainment Inc. is asking a New York federal court for permission to immediately appeal last week's ruling that teed up several claims for trial early next month in the monopolization case being brought by the U.S. Department of Justice and state enforcers.
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February 23, 2026
Nev. Judge Lets Pitcher Play, Skewers NCAA Eligibility Rules
A baseball player whose college career was interrupted by injuries and other factors has been granted a chance to play for a major program by a Nevada federal judge who called the NCAA's past defenses of its eligibility rules "insufficient."
Editor's Picks
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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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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.
Expert Analysis
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How States Are Using Antitrust Principles In Climate Litigation
While recent climate-related cases brought by state attorneys general in Michigan, Nebraska and Texas take different ideological positions, they are united by their embrace of classical antitrust principles and the traditional consumer welfare standard — but these cases deploy this framework in new ways, says Gwendolyn Lindsay Cooley at Lindsay Cooley Law.
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AI-Generated Doc Ruling Guides Attys On Privilege Risks
A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.
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The Law Firm Merger Diaries: Leadership Strategy After Day 1
For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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How New HSR Thresholds, Fees Could Affect Enforcement
While the Federal Trade Commission's new thresholds and filing fees for the Hart-Scott-Rodino Antitrust Improvements Act are not expected to materially affect the number of required HSR filings, or the percentage or focus of second requests, increased filing fees may give agencies dedicated resources to bring enforcement actions, say attorneys at Sidley.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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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.