Competition

  • October 23, 2025

    NC Judge Dubious Of NASCAR's 'Cartel' Counterclaims

    A North Carolina federal judge appeared skeptical Thursday of letting NASCAR bring to trial its antitrust counterclaims against a pair of stock car racing teams, one owned by retired NBA legend Michael Jordan, questioning how the teams could have colluded to force more favorable contract terms when there seems to be evidence NASCAR was able to negotiate with them individually.

  • October 23, 2025

    Split DC Circ. Won't Lift Block On FTC's Media Matters Probe

    A divided D.C. Circuit panel refused Thursday to let the Federal Trade Commission subpoena Media Matters for America while the agency appeals an order blocking that probe, crediting district courts' findings of "seemingly unusual and unprecedented" facts suggesting the investigation is retaliation for reporting about Nazi content on X.

  • October 23, 2025

    Triumph Tries Again To Dump Pork Price-Fixing Claims

    Triumph Foods urged a Minnesota federal court to reconsider throwing out claims against it concerning alleged price-fixing in the pork industry, saying it shouldn't be held responsible for the alleged actions of hog farmers and the company that sells the pork it processes.

  • October 23, 2025

    Columbia University Wants Out Of Sportswear Trademark Suit

    Columbia University has asked an Oregon federal judge to toss a trademark infringement lawsuit brought by Columbia Sportswear, saying it had been using the name for about 200 years prior to the sportswear company putting it on a shirt.

  • October 23, 2025

    Avadel, Jazz Settle Sleep Disorder Drug Claims

    Avadel Pharmaceuticals has announced it reached a global settlement with Irish rival Jazz Pharmaceuticals to dismiss their lawsuits against each other that alleged patent and antitrust violations related to sleep disorder drug Lumryz.

  • October 23, 2025

    Yelp's Tying Claim Against Google Can Move Ahead

    A California federal court has refused to trim Yelp's claim that Google ties its general search results to its local search listings in a case accusing Google of monopolizing the local search market, after finding the latest version of the claim fixed the problems previously identified.

  • October 23, 2025

    Shipbuilders' Discovery Demands Go Too Far, Engineer Says

    One of the naval engineers suing the nation's largest military shipbuilders over an alleged no-poach agreement said she's already identified 20 witnesses and produced more than 3,000 pages of documents in discovery, but the companies are still asking for attorney work product in their latest demands.

  • October 23, 2025

    Teva, Cephalon Can't Upend €60M Fine In Pay-For-Delay Case

    Europe's top court on Thursday upheld a fine of €60.5 million ($70.1 million) imposed on Teva and its now-subsidiary Cephalon, ruling that the pay-for-delay settlement they signed restricted competition by keeping a cheaper generic version of a blockbuster narcolepsy treatment off the market.

  • October 23, 2025

    Apple Loses UK Class Action Over App Store Charges

    The Competition Appeal Tribunal ruled on Thursday that Apple abused its dominant position by charging developers excessive and unfair commissions for purchases made via its app store, the first major win for consumers taking part in the U.K.'s class action regime.

  • October 23, 2025

    CMA Probes £723M Unite-Empiric Student Housing Merger

    The Competition and Markets Authority said on Thursday that it has launched an investigation into student accommodation developer Unite's proposed acquisition of rival Empiric Student Property.

  • October 22, 2025

    3rd Circ. Says Burford Can't Arbitrate German Discovery Fight

    The Third Circuit affirmed on Wednesday that a petition filed under a foreign discovery statute targeting Burford Capital in a dispute relating to German antitrust litigation can't be sent to arbitration, saying the funder cited the wrong section of the Federal Arbitration Act.

  • October 22, 2025

    'Forthright' Yardi Source Code Production Beats Rent Suit

    Yardi thinks it's found the right formula for beating antitrust litigation targeting algorithms allegedly used to fix prices for rental housing, hotel rooms and more, winning a California state court ruling the software company's attorneys say is the first to nix claims by looking at the source code itself.

  • October 22, 2025

    Apple, Google Found To Hold 'Strategic Market Status' In UK

    Britain's competition enforcer confirmed Wednesday that Apple Inc. and Google LLC's mobile platforms have strategic market status, paving the way for new rules meant to safeguard competition and protect consumers and businesses from harmful practices.

  • October 22, 2025

    Energy Secretary Urges EU To Rethink Sustainability Rules

    U.S. Department of Energy Secretary Chris Wright on Wednesday urged European leaders to scrap, or at least revise, proposed European Union corporate sustainability rules, claiming they will hamper exports of liquefied natural gas to the continent.

  • October 22, 2025

    NCAA, Tennis Players Can't Reach Deal In Prize-Money Suit

    A court-ordered federal mediator has reported an impasse between the NCAA and college tennis players challenging the rules barring them from competing in and earning prize money in professional events without forfeiting their college eligibility.

  • October 22, 2025

    Presidential Firing Limits Fight Builds At High Court

    The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo. 

  • October 22, 2025

    Privilege 'Dramatization' Won't Shield 7K Docs In Ads MDL

    An Illinois federal judge took Meredith, Nexstar, Sinclair and other broadcasters to task Monday for trying to withhold 6,893 documents in multidistrict litigation alleging a television advertising price-fixing scheme, finding it "necessary to level set with defendants" on their own failings to justify withholding the material from ad buyers.

  • October 22, 2025

    NC Biz Court Bulletin: COVID Coverage, A Suspect Signature

    The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.

  • October 22, 2025

    X Defends Antitrust Case Over Apple's Deal With OpenAI

    Elon Musk's social media platform X and its artificial intelligence arm defended their antitrust case targeting a deal that integrated ChatGPT into iPhones, telling a Texas federal court that Apple and OpenAI are trying to preserve their respective monopolies.

  • October 22, 2025

    Broadcast Distributors Decry Blackout Of Nexstar Stations

    Nexstar Media Group is coming under fire for using a looming blackout as "deal leverage" in negotiations with Verizon that will decide how much the TV station titan will receive in exchange for letting Verizon retransmit Nexstar's channels.

  • October 22, 2025

    Mass. Cannabis Lab's Suit Against Rivals Trimmed

    A Massachusetts state judge will allow a cannabis testing lab to pursue unfair competition claims against more than half a dozen competitors it accuses of fudging potency and purity test results to lure growers to their businesses, but not claims of unjust enrichment or tortious interference.

  • 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."

  • 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.

  • 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.

  • 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.

Expert Analysis

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • Antitrust Scrutiny Heightens In The Cannabis Industry

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    Two ongoing antitrust cases signal intensified scrutiny of pricing practices, distribution restraints and exclusionary conduct in the cannabis sector, says Robin Crauthers at McCarter & English.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • 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.

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