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Competition
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October 31, 2025
Pfizer Sues Metsera, Novo Nordisk Over $9B Buyout 'Bribe'
Pfizer Inc. filed suit Friday in Delaware Chancery Court to stop Metsera from terminating their multibillion-dollar merger agreement, saying in a complaint filed the same day it secured early antitrust clearance that Novo Nordisk's bid to step in with a $9 billion buyout proposal is nothing but an "old-fashioned bribe."
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October 31, 2025
Drugmakers Can't End States' Dermatology Price-Fixing Suits
A Connecticut federal judge on Friday refused to throw out the vast majority of claims in a nationwide antitrust enforcement action accusing a long list of pharmaceutical companies of fixing the prices of generic dermatology drugs, rejecting the companies' argument that the claims were filed too late.
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October 31, 2025
Amgen Again Challenges Colo. Price Cap For Arthritis Drug
Amgen has once again sued Colorado over its price cap for the arthritis drug Enbrel, claiming that the Centennial State's drug price-control statute violates the U.S. Constitution, conflicts with federal patent law and threatens patients' access to lifesaving medications.
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October 31, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this installment of Wheeling & Appealing, November's appellate calendar features a Trump lawsuit against Hillary Clinton, New York City housing disputes, drug pricing battles, immigrant rights cases, and challenges to so-called patent troll laws.
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October 31, 2025
Monthly Merger Review Snapshot
The Justice Department battled with state attorneys general trying to peek behind its controversial settlement clearing Hewlett Packard Enterprise's Juniper purchase, United Kingdom officials deepened their probe into Getty's proposed acquisition of Shutterstock and Pfizer cried foul when Novo Nordisk tried to swoop in over its Metsera purchase.
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October 31, 2025
UK Energy Customers Suffer Setback In Power Cables Case
Millions of U.K. electricity customers suing power cable manufacturers over an alleged price-fixing cartel suffered a setback when a tribunal ruled that losses suffered by offshore wind farms were not passed on to electricity bill payers through a government subsidy scheme.
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October 31, 2025
OpenAI Opposes 'Cookie-Cutter' Google Search Fixes
OpenAI waded into the Justice Department's case against Google's search monopoly Friday to urge the D.C. federal judge to apply flexibility to mandates requiring Google to syndicate its search results to would-be rivals, arguing that permitting Google's more rigid "ten blue links" proposal would stifle "innovative uses."
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October 31, 2025
PVC Pipe Makers Say Price 'Conspiracy' Is 'Basic Economics'
Polyvinyl chloride pipe manufacturers facing antitrust claims over 2020 price increases have told an Illinois federal judge the purchaser plaintiffs have failed to plausibly show there was a per se price-fixing conspiracy, so their suit should be dismissed.
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October 31, 2025
Federal Action Sought To Boost Low Earth Orbit Satellites
Federal officials need to update rules governing low Earth orbit satellites to allow the space-based communications industry to keep expanding at a time of rising congestion, according to a pair of think tanks.
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October 31, 2025
CREXi Can't Get CoStar's Copyright Claims Put On Hold
A California federal court refused a bid from Commercial Real Estate Exchange Inc. to pause CoStar Group Inc.'s "mass" infringement claims so they can be tried alongside CREXi's recently revived antitrust counterclaims.
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October 31, 2025
Alphabet Investors Seek Class Cert. In Google Probe Suit
Alphabet Inc. investors have asked a California federal judge to grant class certification in a suit against the Google parent company and its CEO, Sundar Pichai, over an allegedly false statement made to Congress in 2020 about the fairness of ad auctions, arguing it is a "textbook example of a case warranting class action treatment."
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October 31, 2025
Getty Inks AI Pact As Regulators Eye $3.7B Shutterstock Deal
Getty Images said Friday it has signed a multiyear image licensing agreement with artificial intelligence-powered search engine company Perplexity, in a move that comes as the visual media giant's $3.7 billion merger with Shutterstock remains under regulatory review.
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October 31, 2025
Students Defend Law School Application Fee Antitrust Suit
Plaintiffs in a proposed class action accusing the Law School Admission Council of fixing application fees with its member schools claim in a new filing their complaint is strong enough to survive a motion to dismiss.
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October 31, 2025
Taxation With Representation: Skadden, Davis Polk
In this week's Taxation With Representation, American Water Works Co. and Essential Utilities announce a merger, semiconductor companies Skyworks and Qorvo combine to create an industry giant, and Terex Corp. and REV Group team up to form a specialty equipment manufacturer.
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October 31, 2025
3rd Circ. Preview: BMW, MiLB And Sandoz Top Nov. Lineup
The Third Circuit in November will hear a pair of disputes over awards handed out in New Jersey federal court, including a nearly $4 million attorney fee for class counsel representing BMW drivers and a $70 million win for Sandoz Inc. in a contract battle over blood pressure medicine.
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October 31, 2025
RealPage, Landlords Flag 'Fatal Deficiencies' In Antitrust Suit
Property management software company RealPage Inc. and multiple landlords are urging a New Jersey federal court to toss the state's rent price-fixing suit, arguing that the suit contains "fatal deficiencies" and that the state is relying on circumstantial evidence in its attempt to show that the defendants made anticompetitive agreements.
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October 31, 2025
Apple Denied Preliminary Issues Trial In £785M Class Action
The Competition Appeal Tribunal dismissed on Friday Apple's attempt to reduce the scope of a class action trial for damages brought on behalf of U.K. app developers by deciding early whether the company's conduct actually breached any laws.
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October 30, 2025
Apple, Google Fight Bids To Depose CEOs In Antitrust Suit
Google LLC and nonparty Apple Inc. have fired back in California federal court on a proposed class of consumers' effort to depose Apple CEO Tim Cook and Google CEO Sundar Pichai in their antitrust case alleging Google suppressed rival search engines with anticompetitive deals.
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October 30, 2025
7th Circ. Won't Revive Antitrust Suit Against Psychiatry Board
A split Seventh Circuit panel affirmed the dismissal of an antitrust suit Wednesday from a proposed class of psychiatrists and neurologists challenging the American Board of Psychiatry and Neurology's certification maintenance requirement, finding the plaintiffs failed to allege an illegal tying scheme.
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October 30, 2025
Med Robot Co. Tells 9th Circ. Not To Revive 'Disfavored' Suit
Intuitive Surgical urged the Ninth Circuit not to revive a surgical repair company's claims alleging it blocked third parties from refurbishing components for its popular da Vinci surgery robot, defending the district court's findings that cases alleging anticompetitive harm to a single brand aftermarket are "rare and disfavored."
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October 30, 2025
State AGs Target 'Anticompetitive Recycling Practices'
The attorneys general of Florida and several other states have said they're concerned that environmental groups are coordinating with large corporations to implement "anticompetitive recycling practices" that could violate state or federal antitrust law.
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October 30, 2025
Defamation Litigation Roundup: Drake, IRS, Greenpeace
In this month's review of defamation fights, Law360 highlights notable developments in California's anti-SLAPP law following a major Ninth Circuit opinion, as well as a decision — and appeal — in Drake's fight with his record label over Kendrick Lamar's diss track.
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October 30, 2025
Agri Stats, Pork Producers Push To Pause Price-Fixing Case
Agri Stats Inc. and pork producers facing an impending trial on allegations that they schemed to limit pork supply and drive up prices are asking a Minnesota federal judge to pause the case while they continue a push for his recusal in the Eighth Circuit.
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October 30, 2025
Google Tells Justices Epic Order Makes Court Central Planner
Google has urged the U.S. Supreme Court to review a case being brought by Epic Games over Google's Play Store policies, telling the justices a sweeping injunction issued in the case defies precedent by turning a court in California into a "central planner" for Android mobile devices.
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October 30, 2025
Takeda Fails In Bid To Avoid IBS Drug Antitrust Trial
A Massachusetts federal judge has teed up Takeda Pharmaceutical for trial next year on claims from health insurers, self-insured employers, retailers and wholesalers accusing it of paying Par Pharmaceuticals to delay generic competition to anticonstipation drug Amitiza, rejecting competing motions from the drugmaker and plaintiffs for early wins.
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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How Trump Administration's Antitrust Agenda Is Playing Out
Under the current antitrust agency leadership, the latest course in merger enforcement, regulatory approach and key sectors shows a marked shift from Biden-era practices and includes a return to remedies and the commitment to remain focused on the bounds of U.S. law, say attorneys at Wilson Sonsini.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.