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Competition
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August 11, 2025
Hospital Groups Back Challenge Of Merger Notice Overhaul
A pair of hospital trade associations threw their support behind a U.S. Chamber of Commerce case challenging the Federal Trade Commission's new premerger filing requirements, telling a Texas federal court the agency was wrong to invoke the hospital industry when justifying the changes.
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August 11, 2025
What To Watch In Mega Union Pacific-Norfolk Southern Tie-Up
Union Pacific and Norfolk Southern's bold plan to create the nation's first transcontinental railroad owned by a single firm would transform freight transportation in the U.S., but it must first clear a heightened standard for reviewing mega rail mergers that hasn't yet been tested since the standard was set 24 years ago.
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August 11, 2025
DOJ Touts Merger, Rental Algorithm Deals, Eyeing More
The head of the U.S. Department of Justice's Antitrust Division on Monday touted two recent settlements, in a merger case and in the RealPage algorithmic rent-fixing litigation, as indications that Trump administration enforcers will focus on algorithm-based price-fixing and are willing to "negotiate favorable settlements."
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August 11, 2025
Deere Tractor Rivals Get Some Safeguards In FTC Case, MDL
An Illinois federal judge has denied a motion by three of Deere & Co.'s competitors that were seeking to block distribution of confidential information they had provided to the Federal Trade Commission in its wind-up to an antitrust suit against Deere, but said he would amend existing confidentiality orders with additional safeguards.
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August 11, 2025
Amazon Must Reveal Research Funding Info In Antitrust Suits
A Washington federal judge is forcing Amazon to provide a group of consumers with information regarding the company's alleged ties to antitrust researchers, saying the plaintiffs have presented records suggesting it "has communicated with or funded" various academic authors cited by its expert economist in three related cases.
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August 11, 2025
House Lawmakers Probe Antitrust In Sports Broadcasting
The U.S. House Judiciary Committee is looking into sports broadcasting antitrust concerns, requesting briefings from the country's four largest sports leagues and saying that the 1961 law governing their telecast agreements has expanded an antitrust "blind spot" in today's sports media rights market.
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August 11, 2025
Liberty Mutual Nabs FCPA Declination, Will Disgorge $4.7M
Liberty Mutual Insurance Co. will avoid prosecution under the Foreign Corrupt Practices Act and disgorge nearly $4.7 million over bribes paid by employees of its Indian subsidiary, the U.S. Department of Justice said Monday, in the first FCPA declination since President Donald Trump paused prosecutions under the law.
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August 11, 2025
Court Sends German Burford Funding Dispute To Arbitration
A Delaware federal judge ruled Monday that an agreement between an affiliate of litigation funder Burford Capital and a German entity requires the parties to arbitrate a dispute over an allegedly fraudulent arbitration pact contained in a funding agreement over antitrust litigation.
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August 11, 2025
Losing Bidder On Mass. Pike Plazas Wants Docs Released
A fuel company that lost out to Blackstone-backed Applegreen on a 35-year contract to operate highway service plazas in Massachusetts asked a state court judge to order transportation officials to turn over records of the procurement and bidding process.
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August 08, 2025
Greystar Cuts Deal To Exit DOJ's RealPage Price-Fixing Suit
Greystar Management Services LLC has reached an agreement to resolve rent price-fixing claims brought by the U.S. Department of Justice, which has gone after several landlords allegedly using algorithms to coordinate rent prices, and will cooperate in the case against RealPage, the agency announced Friday.
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August 08, 2025
Vape Maker Must Arbitrate Claims Of Distributor Misconduct
A California federal judge has ordered the owners of a Hong Kong vape maker to arbitrate their claims accusing a competitor of trying to "usurp" their place in the market, concluding that an underlying arbitration agreement was applicable despite the competitor's founder not signing the pact.
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August 08, 2025
FTC Maintains Support For Right-To-Repair In Med Robot Case
The Federal Trade Commission is providing important backing for a surgical repair company's Ninth Circuit bid to revive claims accusing Intuitive Surgical of blocking third parties from refurbishing components for its popular da Vinci surgery robot, in an amicus brief suggesting defending right-to-repair work remains important for the Republican-controlled agency.
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August 08, 2025
Advocates Won't Ask Justices To Revive Net Neutrality Rules
Public interest groups said Friday they have decided not to bring a high court challenge to the Sixth Circuit's decision to overturn the Federal Communications Commission's net neutrality rules, even as they called the ruling "spectacularly wrong."
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August 08, 2025
Colleges, Universities Sued Over Early Admissions Offers
Thirty-two colleges and universities violated federal antitrust laws by sharing data about students admitted through an "early decision" process, reducing competition and inflating tuition by boxing applicants out of potentially more rewarding financial aid packages elsewhere, students alleged in a proposed federal class action on Friday.
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August 08, 2025
Papa John's No-Poach Deal Barely Clears Initial Hurdle
A Kentucky federal judge expressed lingering concerns despite giving initial approval to a $5 million settlement for claims from Papa John's employees over its past use of no-poach provisions in its franchise agreements after rejecting a previous approval bid.
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August 08, 2025
Home Depot Gives DOJ More Time To Review $5.5B GMS Deal
Home Depot has pulled and refiled the notice for its planned $5.5 billion acquisition of building products distributor GMS Inc. in order to give the U.S. Department of Justice additional time to review the transaction for competition concerns.
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August 08, 2025
Latest T-Mobile Deal Suggests DOJ-FCC Spectrum Tension
The Federal Communications Commission declared victory last month in affirmatively clearing T-Mobile's $4.4 billion acquisition of UScellular wireless operations, but the Justice Department appeared far more reluctant in a statement hinting at the wider dynamics of how the Trump administration looks at telecommunications transactions.
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August 08, 2025
Iowa PBM Law Challengers Seek Wider Block At 8th Circ.
Employers and benefit plans challenging an Iowa law aiming to limit pharmacy benefit managers' power to set drug prices will seek Eighth Circuit review of a district court judge's decision from July that temporarily blocked parts of the new policy as preempted by federal benefits law.
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August 08, 2025
Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit
A residential brokerage startup is heading to the Tenth Circuit to appeal the toss of its antitrust suit against the National Association of Realtors and several major brokerages, which were accused in Utah federal court of conspiring to block the startup from accessing NAR multiple listing services because it offered lower buyer-broker commissions.
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August 08, 2025
Warner Bros. Faces TM Trial Over 'Ugliest House' Show
A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.
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August 08, 2025
Tenn. Athletes Lose Bid To Pause NCAA Eligibility Rules
A Tennessee federal judge has denied four college athletes an injunction that would have paused the NCAA's eligibility bylaws, dashing their hopes of playing college football in the coming season.
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August 08, 2025
Rising Star: Proskauer's Stephen Chuk
Stephen R. Chuk of Proskauer Rose LLP helped poultry giant Sanderson Farms beat $7 billion worth of antitrust claims at trial and scored another jury trial win on behalf of Major League Soccer, earning him a spot among the competition attorneys under age 40 honored by Law360 as Rising Stars.
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August 08, 2025
Taxation With Representation: Latham, Alston & Bird, Orrick
In this week's Taxation With Representation, fiber optic connector systems maker Amphenol Corp. buys CommScope's connectivity and cable solutions business, Blackstone acquires Enverus from private equity firms, investors buy a majority stake in medical device company HistoSonics Inc., and ESPN swaps an equity stake for the National Football League's NFL Network and other intellectual property.
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August 08, 2025
UK Clears Boeing's $4.7B Spirit Aero Deal For Take-Off
The Competition and Markets Authority said Friday that it has given the green light to Boeing's planned $4.7 billion move to buy aircraft parts-maker Spirit AeroSystems after finding that the deal will not harm competition in U.K. markets.
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August 08, 2025
KKR Tries To Steer NHS Landlord Away From Rival £1.8B Bid
Private equity firm KKR made a final attempt on Friday to lure healthcare property manager Assura PLC away from a planned £1.79 billion ($2.4 billion) takeover by Primary Health Properties, claiming that its own terms offer more certainty to shareholders.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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US Soccer Win Shows Value Of Defining 'Relevant Market'
Despite U.S. Soccer's successful defense against North American Soccer League's antitrust allegations, sports leagues should continue to be mindful of risks posed by hierarchical structures since the New York federal judge in that suit found a triable issue of fact on the relevant markets issue, say attorneys at Debevoise.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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Opinion
2 Errors Limit The Potential Influence Of AI Fair Use Case
The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Opinion
DOJ's HPE-Juniper Challenge Is Not Rooted In Law
Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.
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How Citizen Petitions Have Affected Drug Competition
In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.
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What Reuters Ruling Means For AI Fair Use And Copyright
A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.
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How The AI Antitrust Landscape Might Evolve Under Trump
The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.