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Competition
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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October 21, 2025
FTC's Holyoak Thinks US Enforcers Should Stick To US Law
Federal Trade Commission member Melissa Holyoak suggested Tuesday that the Republican-led agency is unlikely to nudge its international peers to block mergers on its behalf, as it was accused of doing previously.
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October 21, 2025
Judge Trims Pharma Co. Claims Against Ex-Employees
A Florida federal judge has narrowed pharmaceutical company Lupin Inc.'s lawsuit accusing a rival of stealing trade secrets, freeing a pair of former employees of claims that they breached their fiduciary duties by allegedly swiping the company's confidential information.
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October 21, 2025
NASCAR Drivers Demand Say In Antitrust Settlement Talks
A group of NASCAR drivers is seeking to weigh in on the highly publicized antitrust suit against the private stock car racing organization as the parties mull the possibility of a settlement, citing concerns Tuesday that their interests risk being overlooked.
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October 21, 2025
UK Enforcer Backs Private Immunity For Reporting Cartels
Britain's competition enforcer told the government Tuesday that leniency applicants who are the first to report cartel activity should be afforded full immunity from damages under the collective actions regime to help boost enforcement efforts.
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October 21, 2025
Regeneron, Rival End Patent Fight Over Eye Med Biosimilar
Regeneron and a South Korea-based rival it had accused of infringing several patents covering the U.S. biotech company's top eye medication Eylea have agreed to a settlement to put an end to the case filed in West Virginia federal court.
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October 21, 2025
Football Players Urge Judge To Rethink Tossing $50M NIL Suit
A Michigan federal judge committed "a clear error of law" by dismissing a $50 million antitrust suit against the NCAA by four former college football players last month based on the statute of limitations and on a misapplication of recent rulings involving other past college athletes' publicity rights, attorneys for the former football players said Tuesday in a motion to reconsider the suit's dismissal.
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October 21, 2025
Southern Glazer's Settles Online Alcohol Co. Antitrust Suit
Online alcohol marketplace Provi's lawsuit against major alcohol distributors is over after an Illinois federal judge entered judgment following the completion of a second settlement resolving claims that Southern Glazer's Wine and Spirits LLC conspired with Republic National Distributing Co. LLC to shut it out of the market.
Expert Analysis
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Antitrust Scrutiny Heightens In The Cannabis Industry
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.
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Series
Creating Botanical Art Makes Me A Better Lawyer
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.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
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.
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Compliance Is A New Competitive Edge For Mortgage Lenders
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.
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Noncompete Forecast Shows Tough Weather For Employers
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.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
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.
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The Int'l Compliance View: Everything Everywhere All At Once
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.
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Unpacking Notable Details From FTC's 'AI Washing' Cases
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.
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Antitrust Considerations Amid Cricket's US Expansion
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.
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E-Discovery Quarterly: Rulings On Relevance Redactions
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.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
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.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
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.
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What To Know About NCAA Deal's Arbitration Provisions
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.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
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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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.