Competition

  • December 15, 2025

    Microsoft Seeks To Exit ChatGPT Users' OpenAI Antitrust Suit

    Microsoft has slammed a proposed class action accusing the company of bullying OpenAI into a cloud computing deal as devoid of fact and economic sense in two motions filed in California federal court, saying the plaintiffs, ChatGPT subscribers, are trying to dodge an arbitration clause in the chatbot developer's user terms.

  • December 15, 2025

    Walmart Adds To Visa, Mastercard Swipe-Fee Deal Objections

    Walmart has become the latest retailer to object to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the class plaintiffs and counsel have "sold out their fellow class members."

  • December 15, 2025

    States Fight Sandoz Bid To Argue Duplication In Generics Row

    Multiple attorneys general have told a Connecticut federal court that Sandoz Inc. and Fougera Pharmaceuticals Inc. can't claim the states' grievances over allegations of price fixing are duplicative of claims that were already settled, since there are some claims and forms of relief that only state plaintiffs can seek.

  • December 15, 2025

    DOJ Raises Accreditation Concerns In Vet School Case

    The U.S. Department of Justice waded into a Tennessee veterinary school's antitrust case challenging the American Veterinary Medical Association's accreditation requirements, raising concerns about the risk posed by professional groups that play gatekeeping functions.

  • December 15, 2025

    NC Panel Says State's Hospital Law Is Constitutional

    North Carolina's "certificate of need" law hasn't created a monopoly nor has it restricted an eye surgeon's right to earn a living, a state court panel ruled Friday, ending for now the surgeon's yearslong suit arguing the law is facially unconstitutional.

  • December 15, 2025

    DC Circ. Urged To Revive Rail Fuel Surcharge Collusion Suit

    Rail shippers painted a story of different judges reaching opposite conclusions on the same evidence in an attempt to convince the D.C. Circuit to revive their lawsuit accusing Union Pacific, CSX, Norfolk Southern and BNSF of colluding on freight fuel surcharges.

  • December 15, 2025

    Profs, Pashman Stein Partner Back Burford In 3rd Circ. Case

    Two prominent international arbitration professors and a Pashman Stein Walder Hayden PC partner are urging the Third Circuit to revisit its decision dismissing on jurisdictional grounds Burford Capital's bid to arbitrate a dispute relating to German antitrust litigation.

  • December 15, 2025

    Texas, Toronto Stock Exchanges End Trademark Dispute

    The Texas Stock Exchange has buried the hatchet with the Toronto Stock Exchange and ended its suit seeking a court finding that the two exchanges' logos are dissimilar. 

  • December 15, 2025

    Supreme Court Turns Down Entresto Patent Fight

    The U.S. Supreme Court on Monday rejected a petition from MSN Pharmaceuticals Inc. claiming the Federal Circuit improperly applied what is known as after-arising technology when reviving a patent covering Novartis Pharmaceuticals Corp.'s blockbuster cardiovascular drug Entresto.

  • December 12, 2025

    Google To Face Publishers' Class Claims Over AdX Exchange

    A New York federal judge Friday granted class certification in a multidistrict antitrust litigation over Google's advertising technology to publishers who sold ad space through the search giant's AdX ad space marketplace, but denied certification to publishers who used Google's AdSense platform and to a proposed class of advertisers.

  • December 12, 2025

    Live Nation Consumers Get Class Certified In Antitrust Case

    A California federal judge Friday certified a class of consumers accusing Live Nation of monopolizing the live entertainment industry, rejecting the company's argument that there aren't common issues that predominate over individual ones and adopting a tentative ruling he issued earlier this month.

  • December 12, 2025

    Dropped FTC Complaint: Pepsi Gave Walmart A 'Price Gap'

    The Federal Trade Commission's newly unsealed New York federal court complaint confirms that the agency had accused Pepsi of favoring Walmart, until the newly Republican-controlled FTC abandoned the lawsuit alleging the soda giant both gave Walmart discounts denied others and actively sought to raise Walmart's rivals' own prices.

  • December 12, 2025

    Merchant Orgs. Fight Latest Visa, Mastercard Swipe-Fee Deal

    The National Association of College Stores, Energy Markets of America and other industry groups objected Friday to a proposed new settlement between Visa, Mastercard and a class of potentially millions of merchants to resolve two decades of antitrust litigation, claiming the deal "does not come close to fixing the swipe fee challenges" faced by merchants.

  • December 12, 2025

    Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'

    Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.

  • December 12, 2025

    1st Circ. Affirms Ex-ADI Engineer's Trade Secrets Conviction

    The First Circuit has affirmed a former Analog Devices Inc. engineer's trade secrets conviction, ruling that the indictment's reference to a specific microchip model did not preclude a guilty verdict based on his possession of schematics for its prototype.

  • December 12, 2025

    MVP: Winston & Strawn's Jeffrey Kessler

    Winston & Strawn LLP's Jeffrey Kessler helped student athletes reach a landmark multibillion-dollar settlement with the NCAA in long-running litigation over the use of name, image and likeness, earning him a spot as one of the 2025 Law360 Competition MVPs.

  • December 12, 2025

    Shipbuilders, Naval Engineer Spar Over Witness Statements

    Shipbuilders and design consultants accused of illegally conspiring to suppress industry wages are clashing with a former naval engineer over what various witnesses told her in support of her proposed class action against the companies.

  • December 12, 2025

    Taxation With Representation: Cravath, Skadden, Debevoise

    In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.

  • December 12, 2025

    Microsoft Says £2B Class Action Fails To ID Viable Legal Test

    Microsoft said at a London antitrust tribunal on Friday that a claim potentially worth £2.1 billion ($2.8 billion) should not be given clearance to continue, arguing the competition lawyer proposing to bring it had not identified a route for it to go to trial.

  • December 11, 2025

    9th Circ. Upholds Apple App Store Injunction In Epic Fight

    The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.

  • December 11, 2025

    9th Circ. Won't Rethink Vegas Hotels' Win In Price-Fixing Suit

    The Ninth Circuit on Dec. 11 rejected Las Vegas hotel guests' request for the full appeals court to reconsider a panel's August ruling that threw out their proposed class action accusing the casino-hotel operators of using software to illegally inflate room rates.

  • December 11, 2025

    Epic Systems Is Monopolizing EHR Market, Texas AG Suit Says

    Texas Attorney General Ken Paxton hit Epic Systems Corp. with an antitrust suit in state court on Wednesday alleging the company is illegally seeking to monopolize markets for electronic health records software.

  • December 11, 2025

    Visa Defeats Payments Co.'s 'Muddled' Antitrust Suit

    A California federal judge Thursday dismissed a payment solutions company's lawsuit accusing Visa Inc. of monopolizing the card payment processing services market, criticizing the company's latest complaint as being "harder to follow" than one previously tossed and still failing to allege any antitrust injury.

  • December 11, 2025

    FTC Challenges $725M Construction Adhesives Deal

    The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.

  • December 11, 2025

    Visa Escapes Investor Suit Over DOJ Claims

    A California federal judge has released Visa from a securities fraud suit accusing it of concealing anticompetitive debit practices that are the subject of a lawsuit filed by the U.S. Department of Justice, saying the plaintiffs did not show that Visa's alleged omissions caused investors losses.

Expert Analysis

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Opinion

    The Fallout Of Drake's Defamation Suit Against UMG

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    Hip-hop duo Clipse's recent comeback was caught in the undertow of the ongoing Drake v. Universal Music Group defamation litigation, which points to the troubling possibility that if labels can be held liable for promoting allegedly defamatory lyrics, they may preemptively sanitize content to avoid lawsuits, says Henry Williams IV at Gordon Rees.

  • Filing Clarifies FTC, DOJ's Passive Investment Stance

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    The antitrust agencies' statement of interest filed in Texas v. Blackrock clarifies that certain forms of corporate governance engagement are permissible under the "solely for investment" exemption, a move that offers guidance for passive investors but also signals new scrutiny of coordinated engagement, say attorneys at Stinson.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Opinion

    Sometimes Int'l Competition Should Trump Antitrust Concerns

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    The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • A Look At Robinson-Patman Enforcement In The MLM Industry

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    The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • State AGs Are Turning Up The Antitrust Heat On ESG Actions

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    Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Opinion

    8th Circ. Should Reaffirm False Commercial Speech's Nature

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    The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.

  • How Big Pharma Has Responded To FTC Delisting Demands

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    Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

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    A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.

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