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Competition
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March 24, 2025
No $1M Placeholder In 'Black Widow' TM Feud, Judge Rules
A Connecticut federal judge will not require a pest control company to post more than $1 million to cover potential damages in a trademark lawsuit over the name "Black Widow," which is also the subject of a paused cancellation proceeding before the U.S. Patent and Trademark Office.
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March 24, 2025
Energy Giants Urge Puerto Rico Judge To Nix RICO Suit
A group of energy industry giants have asked a Puerto Rico federal district judge to toss racketeering and antitrust claims filed by municipalities alleging they misrepresented the climate dangers of fossil fuel products.
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March 24, 2025
Residents Rip Hospital Co.'s 'Scorched-Earth' Sanctions Bid
A proposed class of Connecticut residents pursuing antitrust claims against Hartford HealthCare Corp. slammed the company's bid to sanction them for seeking judicial enforcement of a document exchange deal the parties had reached, arguing that sanctions would only complicate discovery rather than help it along.
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March 24, 2025
ATP Rips Players' Coercion Claims As Tennis Feud Escalates
The men's professional tennis tour — one of the organizations facing an antitrust class action in New York federal court by players accusing the groups of operating like a "cartel" — has vehemently denied an accusation that it was threatening players with punishment if they did not disavow the lawsuit.
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March 24, 2025
'Powering' Algorithm Not Enough To Merit Price-Fixing Claim
A California federal judge gave short shrift Friday to consumers' proposed class action price-fixing allegations against software provider SAS Institute Inc., which allegedly created a shared pricing algorithm that Hilton, Hyatt and other major chains used to fix and raise room rates nationwide.
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March 24, 2025
Foley & Lardner Expands State AG Practice With Cozen Trio
Three former state attorneys general who have been practicing from Cozen O'Connor's Washington, D.C., and Denver offices have moved to Foley & Lardner LLP to continue working on a range of matters related to state attorneys general investigations, the latter firm announced Monday.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 31, 2025
Dentons Hires Competition Pro From Travers Smith
Dentons has brought on as partner a competition lawyer from Travers Smith LLP against a complex regulatory landscape that has increased demand for specialist advice.
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March 24, 2025
Mastercard Seeks To Limit Swipe Fee Damages Bill
Mastercard urged a tribunal on Monday to limit the damages it must pay to intermediaries such as Worldpay over unlawful interchange fees, arguing that the acquirers' proposed damages bill is too broad and covers too long a period of time.
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March 21, 2025
Attys Suing FIFA Say Humans, Not AI, Made Citation Errors
Attorneys accusing soccer's international governing body, its Puerto Rican affiliate and a regional soccer association of trying to block local rivals told a Puerto Rico federal judge Friday that it was simply human oversight — not the use of artificial intelligence — that led to citation inaccuracies in recent filings.
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March 21, 2025
NHL, CHL Antitrust Suit May Require Plaintiff Line Change
A Washington federal judge on Friday asked the National Hockey League if a rule that dictates where junior athletes can play restricted the freedom of player movement, but the judge also questioned if the wrong players were plaintiffs in an antitrust suit because they were never drafted by the premiere professional league.
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March 21, 2025
NJ, Pa. Claims Over Amazon Price Hike Project Cut For Good
Pennsylvania and New Jersey's attorneys general's efforts to shore up state law claims in the Federal Trade Commission monopolization lawsuit against Amazon.com failed after a Washington federal judge found nothing "unconscionable" about a project that matches rivals' price increases or deceptive about its concealment.
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March 21, 2025
Judge Incredulous At Defense Raised In OpenAI TM Fight
A California federal judge doubted Friday certain defenses in OpenAI's trademark battle against a man who runs a website called "open.ai," telling the man's counsel repeatedly during a hearing it's "incredible" that he's claiming the court can't legally order him to transfer the domain if he doesn't own the mark.
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March 21, 2025
Novartis Urges Court To Make FDA Block Entresto Generic
Novartis says the U.S. Food & Drug Administration has made a drug marketing exclusivity window "meaningless" and wants a D.C. federal judge to block a rival from selling a generic drug that would compete with its blockbuster heart medication Entresto.
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March 21, 2025
Meta Defends Need For Current Data In FTC Case
Meta Platforms Inc. told a D.C. federal court the company should be able to use the most recent data it has during next month's trial in the Federal Trade Commission's case accusing the Facebook parent company of monopolizing personal social networking.
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March 21, 2025
Consumer Group Doesn't Belong In FERC Fight, Court Told
An energy efficiency aggregator fighting a Federal Energy Regulatory Commission market manipulation case carrying a potential $1 billion price tag says a consumer advocate's concern over a constitutional challenge to the agency's structure can't justify its motion to intervene in the company's lawsuit.
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March 21, 2025
Crocs Defends News Release In Bid To Beat Defamation Suit
Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.
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March 21, 2025
Dems Call On Trump To Reinstate Axed FTC Commissioners
A pair of top House Democrats called on President Donald Trump on Friday to reinstate the fired Democratic commissioners of the Federal Trade Commission because their firing was a "clear violation of the law."
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March 21, 2025
Unlockd To Take Google Antitrust Battle To 9th Circ.
Defunct advertising app maker Unlockd is hoping the Ninth Circuit will revive its antitrust suit accusing Google of allowing the then-up-and-coming business to build a reliance on Google platforms and then cutting it off once it became a threat.
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March 21, 2025
Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep
In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.
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March 21, 2025
Wright Says Defamation Suit Did Not Violate Anti-SLAPP Law
Onetime Federal Trade Commission member and law professor Joshua Wright, who recently dropped a $108 million defamation suit against two attorneys who accused him of sexual misconduct, is now fighting a sanctions bid brought by one of the women, arguing it hinges on "selective — and largely misleading — presentation of evidence."
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March 21, 2025
Football Player Hits NCAA With Latest Antitrust Eligibility Suit
The NCAA is facing yet another antitrust challenge to its eligibility rules, this time from a college football player who says the organization unfairly denied him a waiver that would have allowed him to play at Rutgers University next season.
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March 21, 2025
Fed. Circ. Backs Actavis' $12M Patent Suit Cost Deduction
Drugmaker Actavis can take a $12 million tax deduction for money it spent fending off lawsuits while securing approval to sell generic birth control and other drugs, the Federal Circuit ruled Friday, affirming the U.S. Court of Federal Claims' decision that the costs were deductible as ordinary business expenses.
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March 21, 2025
Sports Broadcasters Fined £4M Over Freelancer Pay Collusion
Four of the U.K.'s biggest sports production and broadcasting companies were fined more than £4 million ($5.2 million) for colluding on pay rates for freelance workers, the Competition and Markets Authority said Friday.
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March 28, 2025
O'Melveny Rehires Antitrust Partner From Gibson Dunn
O'Melveny & Myers LLP has rehired Stephane Frank as a partner in its antitrust and competition group after he served a five-year stint at Gibson Dunn LLP, as the firm continues to attract what it describes as "boomerang laterals" back to its practice.
Expert Analysis
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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How To Prepare For Expanded HSR Notification Process
Following the recent publication of the Federal Trade Commission's final rule enhancing premerger reporting requirements under the Hart-Scott-Rodino Act, filing parties can take key steps to comply by the new Feb. 10 effective date, say attorneys at Squire Patton.
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Next Steps In The $2.8B Blue Cross Payout To Providers
Healthcare providers deciding whether to participate in Blue Cross Blue Shield network's recent $2.8 billion antitrust class action settlement must weigh key recovery factors, including provider type and litigation cost, say attorneys at Hall Render.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Opinion
Efficiency Dept. Should Consolidate Antitrust Enforcement
President-elect Donald Trump's planned Department of Government Efficiency should transfer the authority of the Federal Trade Commission's Bureau of Competition into the U.S. Department of Justice's Antitrust Division, because there is no justification for two federal entities to enforce antitrust and competition laws, says retired judge Susan Braden.
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Philly's Algorithmic Rent Ban Furthers Antitrust Policy Trends
A Philadelphia bill banning the use of algorithmic software to set rent prices and manage occupancy rates is indicative of growing scrutiny of this technology, and reflects broader policy trends of adapting traditional antitrust principles to respond to new technology, say attorneys at Ballard Spahr.
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Destination Skiing And The DOJ's Mountain Merger Challenge
Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
In Visa Case, DOJ Continues To Misapply The Sherman Act
The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Dissecting New Circuit Split Over SEC's Proxy Adviser Rule
The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.
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Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal
Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.