Competition

  • February 04, 2026

    BREAKING: Express Scripts Makes 'Fundamental Changes' In FTC Deal

    Express Scripts on Wednesday agreed to what the Federal Trade Commission called a "landmark settlement" promising major changes to its drug formulary practices, allowing the company to duck out of a case accusing all three of the country's largest pharmacy benefit managers of inflating insulin prices through rebate schemes.

  • February 03, 2026

    XAI Fights Uphill To Keep Alive OpenAI IP Theft Suit

    Elon Musk's xAI urged a California federal judge Tuesday to change her tentative decision to toss its suit accusing OpenAI of poaching its workers to steal trade secrets, arguing that when considered together, the "whole gestalt" of xAI's allegations against individual employees is enough to state viable claims against OpenAI.

  • February 03, 2026

    En Banc 5th Circ. Wipes Out Airline Fees Disclosure Rule

    The full Fifth Circuit on Tuesday vacated a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, this time holding that the U.S. Department of Transportation's failure to properly consider public comments warrants doing away with the rule altogether.

  • February 03, 2026

    DOJ, AGs Lodge Cross-Appeal Over Google Search Remedies

    The U.S. Department of Justice and state enforcers on Tuesday launched an appeal of a D.C. federal judge's scaled-back remedies in their case targeting Google's search monopoly, after the tech giant filed its own appeal to knock out the penalties.

  • February 03, 2026

    NFL Fans' Antitrust Suit Over Bluesky Fumbles, Judge Rules

    A New York federal judge on Tuesday dismissed an antitrust suit two football fans lodged against the NFL, saying they failed to allege they were injured by a league policy barring teams from posting on the social media platform Bluesky.

  • February 03, 2026

    Boston IP Firm Sees Malpractice Claims Revived By 1st Circ.

    The First Circuit has revived legal malpractice claims from a Colorado tech company that alleged it was betrayed when its lawyers at a Boston intellectual property law firm filed patents for another client, finding that a lower court's ruling that the claims were time-barred assumed the three-person company comprised exclusively of engineers had an understanding of tricky legal concepts.

  • February 03, 2026

    Calif. Cardholders Ask 2nd Circ. To Revive Swipe Fee Suit

    California cardholders accusing Visa, Mastercard and other major banks of conspiring to fix interchange fees have asked the Second Circuit to revive their claims after a district court judge denied their motion for reconsideration in a long-running multidistrict litigation.

  • February 03, 2026

    Medtronic's Bundling Isn't Anticompetitive, Prof Tells Jury

    A University of Chicago economics professor testified Tuesday in a California federal trial over antitrust claims against Medtronic, saying its practice of bundling its advanced bipolar devices for sales with other products isn't anticompetitive but is actually a very common American practice used by the likes of McDonald's and Costco. 

  • February 03, 2026

    5-Hour Energy Maker Tells 9th Circ. Not To Revive Pricing Suit

    The maker of 5-Hour Energy has urged the Ninth Circuit not to revisit a lower court ruling tossing claims from family-owned wholesalers that the energy drink company violated price discrimination law by providing Costco with disproportionate promotional support.

  • February 03, 2026

    Netflix, Warner Bros. CEOs Defend Merger Before Congress

    In a congressional hearing Tuesday, the CEO of Netflix distanced himself from any notion President Donald Trump has undue influence in the review process of the streaming company's proposed $82.7 billion acquisition of Warner Bros., despite the president's assertion that he will be "involved" with the merger review.

  • February 03, 2026

    FCC Says 8th Circ. Media Ruling Clears Path For Deals

    The Federal Communications Commission made it clear Tuesday that broadcasters have more leeway to own two leading stations in a local market following the Eighth Circuit's toss last year of the agency's long-standing bar on owning more than one major network affiliate in a single market.

  • February 03, 2026

    5th Circ. Unsure Child Online Safety Law Tramples Speech

    A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech. 

  • February 03, 2026

    Tobacco Co. Says 'Time Bubble' Robbed It Of Fair TM Trial

    BBK Tobacco & Foods LLP is asking an Arizona federal court for a new trial on its trademark infringement claims against Central Coast Agriculture Inc., saying the court wrongly created a "time bubble" that excluded all evidence from May 2021 on.

  • February 03, 2026

    Novartis, Sandoz Face New Generic-Drug Price-Fixing Suit

    Adding to sprawling antitrust litigation against pharmaceutical giants, 42 states and territories sued Novartis AG, Sandoz AG and other drug companies in Connecticut federal court Monday, alleging that the companies colluded for years to fix prices and control markets for generic drugs.

  • February 03, 2026

    RealPage, Landlords Must Face Ky. AG's Antitrust Case

    A Kentucky federal court refused to toss an antitrust case from the state attorney general's office accusing RealPage Inc. and several landlords of inflating rental rates through use of the software company's revenue management system.

  • February 03, 2026

    Zillow, Redfin Oppose Pausing FTC Case For Shutdown

    Zillow and Redfin are fighting an attempt by the Federal Trade Commission and multiple states to pause consolidated antitrust claims against the property listing companies, arguing in Virginia federal court that the recent partial federal government shutdown doesn't justify staying litigation.

  • February 03, 2026

    Haynes Boone Adds Ex-SDNY Atty From Winston & Strawn

    Haynes Boone LLP announced Tuesday that it has hired a former Southern District of New York prosecutor from Winston & Strawn LLP to promote the growth of its white collar and investigations practice.

  • February 03, 2026

    2nd Circ. Skeptical Anesthesia Group Suffered Antitrust Harm

    A Second Circuit panel seemed poised Tuesday to find that an anesthesiology practice didn't suffer an antitrust injury in its claim that a United Healthcare unit used its market power in New York to cut reimbursement rates.

  • February 03, 2026

    1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit

    The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.

  • February 03, 2026

    Squire Patton Hires Sheppard Mullin, Miller & Chevalier Attys

    Squire Patton Boggs LLP has hired a corporate attorney and an antitrust litigator from Sheppard Mullin Richter & Hampton LLP and Miller & Chevalier Chtd., respectively, who are joining the firm as partners in Washington, D.C., according to two Tuesday announcements.

  • February 03, 2026

    Hoka Sneaker Maker Fights To Quash Price Fixing Ruling

    The maker of Hoka running shoes on Tuesday asked a London appeals court to overturn a ruling that it engaged in indirect price fixing by blocking a British retailer from selling through an online discount store.

  • February 02, 2026

    'Doesn't Make Sense': DOJ Irks Judge In Merger Fight With AGs

    A California federal judge said Monday that the U.S. Department of Justice must hand over certain discovery materials to Democratic attorneys general challenging the DOJ's controversial settlement greenlighting the $14 billion merger of Hewlett Packard Enterprise and Juniper Networks, telling the DOJ that its argument that discussions of alternative remedies are shielded from discovery "doesn't make sense."

  • February 02, 2026

    Exxon Sued For 'Rockefeller-Style' Ammonia Market Maneuver

    Exxon Mobil Corp. was hit with antitrust claims on Monday accusing it of leveraging control over the Gulf Coast's only operating carbon dioxide pipeline to gain dominance in the blue ammonia market.

  • February 02, 2026

    Netflix Slams HBO Max User's Challenge To Warner Bros. Deal

    Netflix argued that an HBO Max subscriber lacks standing to challenge its plan to buy Warner Bros. Discovery, telling a California federal judge Friday that the subscriber doesn't show how the merger would injure her, as she's never subscribed to Netflix and doesn't say she plans to.

  • February 02, 2026

    ESPN Says Dish Can't Duck Sling Day Pass Claims

    ESPN urged a New York federal judge not to let Dish Network duck breach of contract allegations challenging Dish's short-term Sling TV passes, arguing that the license for its sports content clearly requires subscriptions and not passes for as short as a single day.

Expert Analysis

  • Upshot Of 'Skinny Label' Case May Go Beyond Pharma

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    The U.S. Supreme Court's pending review of Hikma v. Amarin, over a drugmaker's "skinny label," carries implications for both generics and brand-name pharmaceutical manufacturers, and could shed light on how inducement doctrine should operate in other regulated industries where products have substantial lawful uses, says Jason Shull at Banner Witcoff.

  • 4 Lessons From FTC's Successful Bid To Block Edwards Deal

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    The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.

  • Assessing Factors Behind Biosimilar Uptake And Competition

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    As biosimilar uptake remains uneven and questions linger over whether the Biologics Price Competition and Innovation Act can deliver robust competition between biologics and biosimilars, a case study of Humira and its biosimilars illustrates how many factors, including payor reimbursement and formulary strategy, collectively shape competitive dynamics, say analysts at Analysis Group.

  • FTC Focus: Testing Joint Enforcement Over Loyalty Programs

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    The Federal Trade Commission's case against Syngenta can be understood both as a canary for further scrutiny over loyalty-discount practices and a signal of the durability of joint federal-state antitrust enforcement, with key takeaways for practitioners and those subject to regulatory antitrust scrutiny alike, say attorneys at Proskauer.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Ruling Helps Clarify FERC's Post-Jarkesy Enforcement Power

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    A North Carolina federal court's recent ruling in American Efficient v. Federal Energy Regulatory Commission may be a step in providing clarity on FERC's enforcement authority under the Federal Power Act in the wake of the U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy, say attorneys at Sidley.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • Aerospace And Defense Law: Trends To Follow In 2026

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    Some of the key 2026 developments to watch in aerospace and defense contracting law stem from provisions of this year's National Defense Authorization Act, a push to reform procurement, executive orders that announced Trump administration priorities, the upcoming Artemis space mission and continuing efforts to deploy artificial intelligence, say attorneys at Thompson Hine.

  • Aviation Watch: Busy Skies, Tough Market For Airlines In 2026

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    After a turbulent year in the U.S. commercial aviation sector, demand for air travel and premium service shows no signs of slackening in 2026, with airlines facing the need to compete in a saturated market, while seeking opportunities for consolidation and pursuing other avenues to profitability, says Alan Hoffman, a retired attorney and aviation expert.

  • Viewing The Merger Landscape Through An HPE-Juniper Lens

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    If considerations beyond antitrust law were taken into account to determine whether Section 7 of the Clayton Act was violated in the Hewlett Packard Enterprise-Juniper Networks deal, then legal practitioners advocating deal clearance may now have to argue that deals should be justified by considerations not set forth in the merger guidelines, says Matthew Cantor of Shinder Cantor.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • And Now A Word From The Panel: MDL Year In Review

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    2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.

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