Competition

  • September 23, 2025

    DC Circ. Says FMC's Late-Fee Rule Makes No Sense

    The Federal Maritime Commission's "demurrage and detention" fees rule does not make sense, the D.C. Circuit has ruled, partially striking down the rule after finding that the agency had not given a good reason for allowing some entities to be fined for shipping delays while blocking others.

  • September 23, 2025

    Amazon Prime Trapped Consumers, FTC Tells Seattle Jury

    Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.

  • September 23, 2025

    FCC Demands Boomerang, Others Repay $1.1M For Contracts

    The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.

  • September 23, 2025

    Tether Objects To 'Unsound' Class Bid In Crypto Rigging Suit

    Tether, Bitfinex and others have urged a New York federal judge not to grant certification to a class of investors accusing the digital asset companies of rigging the cryptocurrency market, arguing that the investors' expert presented an "unsound and unreliable" methodology for determining common impact, among other things.

  • September 23, 2025

    Watchdog Calls For DC, Md. Bar Investigations Into Carr

    A government accountability watchdog brought a complaint against Federal Communications Chair Brendan Carr to the D.C. Bar Association on Tuesday, claiming Carr violated conduct rules when he threatened to bring FCC action against ABC if it declined to discipline Jimmy Kimmel over his remarks following Charlie Kirk's murder.

  • September 23, 2025

    Fox Pushes To Move Newsmax Antitrust Case Back To Florida

    Fox Corp. urged a Wisconsin federal court to move Newsmax's antitrust complaint back to Florida, accusing the cable TV broadcaster of "impermissible forum shopping" and saying that the suit belongs in the Sunshine State, the location of Newsmax's headquarters and where a similar lawsuit has already been filed. 

  • September 23, 2025

    Dentists Denied Class Certification In $13B Delta Dental Suit

    An Illinois federal court refused to certify a class of dentists in multidistrict litigation targeting an alleged $13 billion antitrust scheme by Delta Dental and its members, finding that dental insurance markets are local, not national in scope.

  • September 23, 2025

    Tennis Players Want To Add Grand Slams To Antitrust Case

    A group of professional tennis players has asked a New York federal judge, after possible settlement talks failed, for permission to add operators of the Grand Slam tournaments to its antitrust suit that accuses governing bodies of major tournaments of operating an illegal cartel.

  • September 23, 2025

    Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.

    An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.

  • September 23, 2025

    Cannabis Fertilizer Cos. Say They've Made Peace In TM Case

    Rival fertilizer-makers Athena AG Inc. and Advanced Nutrients US LLC have reached a tentative deal to end a trademark dispute involving their cannabis-focused products, the companies told a federal judge in Washington just days after the court cleared the case for trial.

  • September 23, 2025

    Apple Faces UK Class Action Alleging Unfair Apple Pay Fees

    Apple is facing a claim brought on behalf of 50 million U.K. consumers over allegations that the tech giant has driven up the price of banking and financial products by charging card issuers fees for Apple Pay transactions.

  • September 22, 2025

    Oracle To Secure TikTok Users' Data In Deal To Skirt US Ban

    Tech giant Oracle will be tasked with safeguarding U.S. TikTok users' personal data, and the app's recommendation algorithm will be "retrained" and operated outside the control of TikTok's Chinese parent company under a deal that President Donald Trump is expected to sign this week to avert a shutdown of TikTok, the White House said Monday. 

  • September 22, 2025

    Google Ad Tech Breakup 'Drastic' But Best, DOJ Tells Judge

    A U.S. Department of Justice attorney pressed a Virginia federal judge Monday to break up Google's advertising placement technology business, asserting in opening statements that a divestiture is doable and the only way to fully address Google's monopoly.

  • September 22, 2025

    Judge Lets Suit Over Audible's Expiring Credits Move Forward

    A Washington federal judge has declined to toss a consumer's proposed class action against Audible Inc. over the expiration dates on membership "credits," saying such vouchers don't have to be backed by a specific cash value to be covered by the Evergreen State's gift card law.

  • September 22, 2025

    In-House Judge Won't Pause FTC's Heart Valve Deal Challenge

    An administrative law judge refused to pause the Federal Trade Commission's in-house case challenging Edwards Lifesciences Corp.'s planned $945 million purchase of JenaValve Technology Inc. until after a ruling in the related federal court case.

  • September 22, 2025

    NJ Judge Nixes Investment Fund's Bid For Emails In Bias Suit

    A Black-owned investment fund accusing New Jersey officials of bias cannot access emails from Gov. Phil Murphy and two of his Cabinet members because the information falls "squarely" within executive privilege, a magistrate judge said Monday, overruling the firm's objections to a special discovery master's report.

  • September 22, 2025

    Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule

    A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.

  • September 22, 2025

    NextEra Dodges Antitrust Claims In $1B Power Line Fight

    A Massachusetts federal judge on Monday dismissed claims that NextEra Energy violated antitrust law in efforts to delay construction of a $1 billion transmission line, saying developer Avangrid Inc. failed to show how NextEra's actions limited competition in New England electricity markets.

  • September 22, 2025

    High Court Allows FTC Firing, Will Review Trump's Power

    The U.S. Supreme Court ruled Monday that President Donald Trump can fire Democratic Federal Trade Commissioner Rebecca Slaughter without cause, and it agreed to reconsider limits on the president's authority to remove members of the FTC.

  • September 22, 2025

    RealPage Settles Nevada's Rent Pricing Software Claims

    RealPage has reached a settlement with the state of Nevada over concerns about the use of its revenue management software by rental housing owners, with the company admitting to no wrongdoing but agreeing to put limits on its use of nonpublic data in the state.

  • September 22, 2025

    Hausfeld Urges Gov't To Protect Collective Actions Regime

    Hausfeld LLP urged the government on Monday to retain and safeguard the U.K.'s collective actions regime in response to plans to review whether it strikes the right balance between helping consumers and protecting companies from spurious claims.

  • September 19, 2025

    IBS Drug Buyers Win Class Cert. In Takeda Antitrust Case

    A Massachusetts federal judge on Friday certified buyer classes in litigation alleging Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.

  • September 19, 2025

    Judge Rules NCAA Rules Are Commercial, Grants Injunction

    A University of Las Vegas defensive lineman won his bid to play another season when a Nevada federal judge ruled that the NCAA's eligibility rules are subject to antitrust scrutiny because the ability of athletes to get paid for their performance makes the restrictions commercial in nature.

  • September 19, 2025

    Agri Stats Looks To Nix DOJ Antitrust Case Ahead Of Trial

    Agri Stats is asking a Minnesota federal court to toss the government's antitrust case ahead of trial, arguing that enforcers still lack evidence to support their information-sharing claims despite scrutinizing the agricultural data firm's industry reports for more than a decade.

  • September 19, 2025

    Shopify Looks To Toss Sezzle's 'Buy Now, Pay Later' Claims

    E-commerce company Shopify Inc. seeks to sink payment platform Sezzle Inc.'s lawsuit accusing it of monopolizing the "buy now, pay later" market, arguing that the fact its platform shows "no fewer than 16 payment options" on checkout pages undermines any anticompetitive practices allegations.

Expert Analysis

  • A Rapidly Evolving Landscape For Noncompetes In Healthcare

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    A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.

  • Biotech Collaborations Can Ease Uncertainty Amid FDA Shift

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    As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Tips For Business Users After 2 Key AI Copyright Decisions

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    Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.

  • FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda

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    While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Yacht Broker Case Highlights Industry Groups' Antitrust Risk

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    The Eleventh Circuit recently revived class claims against the International Yacht Brokers Association, signaling that commission-driven industries beyond real estate are vulnerable to antitrust challenges after the National Association of Realtors settled similar allegations last year, says Miles Santiago at the Southern University Law Center and Alex Hebert at Southern Compass.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Takeaways From EU's Review Of Merger Control Guidelines

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    The European Commission’s newly launched consultation on the European Union’s merger guidelines will explore whether and how merger control should consider key policy objectives, such as innovation, investment incentives and security, say lawyers at Latham.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • Capital One Deal Approval Lights Up Path For Bank M&A

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    The federal banking regulators' recent approval of Capital One's acquisition of Discover signals the agencies' willingness to approve large transactions and a more favorable environment generally for bank mergers under the Trump administration, say attorneys at Arnold & Porter.

  • New FCPA Guidance Creates 5 Compliance Imperatives

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    In light of new Foreign Corrupt Practices Act guidelines that mark a fundamental shift in enforcement priorities, companies should consider several specific steps to ensure compliance, from enhanced due diligence to robust whistleblower protections, says Andrew Wirmani at Reese Marketos.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • SEC Proposal Could Hurt Foreign Issuers' US Market Access

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    The U.S. Securities and Exchange Commission’s June call for feedback on potentially narrowing how it designates foreign private issuers of securities could ultimately result in significant new barriers for traders that rely on FPI accommodations to participate in U.S. markets, say attorneys at Gibson Dunn.

  • State, Fed Junk Fee Enforcement Shows No Signs Of Slowing

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    The Federal Trade Commission’s potent new rule targeting drip pricing, in addition to the growing patchwork of state consumer protection laws, suggest that enforcement and litigation targeting junk fees will likely continue to expand, says Etia Rottman Frand at Darrow AI.

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