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Competition
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March 26, 2026
X Corp.'s Lack Of Antitrust Injury Dooms Ad Boycott Suit
A Texas federal judge Thursday dismissed X Corp.'s sprawling antitrust suit that accused several advertisers of unlawfully boycotting the Elon Musk-owned social media company by substantially cutting back on or stopping ad purchases, saying X didn't suffer any antitrust injury.
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March 26, 2026
States Will Fill DOJ, FTC's Antitrust Void, Ill. AG Atty Says
The top antitrust attorney at the Illinois attorney general's office predicted Thursday that state enforcers will continue to pick up the pace as the Federal Trade Commission and especially the U.S. Department of Justice's Antitrust Division "become less transparent and less active."
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March 26, 2026
L'Oreal Wants Color Wow Co.'s Purchase Price Kept Secret
An executive for L'Oréal USA Inc. has asked a Connecticut state court judge not to force the public disclosure of the price the company paid to acquire Federici Brands LLC, the company behind Color Wow hair care products, as part of a former Federici president's lawsuit alleging she is owed $40 million from the transaction.
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March 26, 2026
Joe Gibbs Racing Wants Rival Blocked From Using Stolen Info
Joe Gibbs Racing LLC on Thursday pushed to enjoin rival NASCAR team Spire Motorsports from using confidential race data allegedly stolen by its former competition director, even as Spire denied having the information and decried the accusations as unfounded.
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March 26, 2026
FTC Antitrust Head Cites Acquihire 'Tension' With Deal Rule
The Federal Trade Commission's top antitrust official said Thursday that so-called reverse acquihires appear designed solely to avoid merger reporting requirements, while noting that competition enforcers continue to scrutinize the deals that are newly popular in Silicon Valley, especially in the artificial intelligence space.
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March 26, 2026
Antitrust Leaders Say Lobbyists Don't Impact Outcomes
The leaders of the Federal Trade Commission and U.S. Department of Justice's Antitrust Division said Thursday that companies can lobby the agencies all they want, but enforcers will still make merger and conduct decisions based on the facts and the law.
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March 26, 2026
Pregnancy 'Crisis' Center Loses Bid To End Deception Claims
A Massachusetts federal judge on Thursday rejected a request by an anti-abortion nonprofit and a Missouri marketing firm to dismiss claims that they tried to trick women into visiting a pregnancy "crisis" center.
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March 26, 2026
Ketamine, WilmerHale Probe Off Limits In Musk-OpenAI Trial
A California federal judge has placed evidentiary guardrails on an April jury trial over Elon Musk's claims OpenAI duped him, excluding evidence on Musk's ketamine use and WilmerHale's investigation into Sam Altman's dismissal, but allowing evidence on Musk's rival startup, his romance with an ex-OpenAI boardmember and his Burning Man trip.
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March 26, 2026
Recovery Of State Aid Can't Target Related Cos., ECJ Advised
The European Commission overstepped when it ordered Belgium to recover unlawful state aid not just from companies that received tax exemptions but from every member of their corporate groups, an adviser to the European Union's top court said Thursday.
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March 26, 2026
DOJ Says NY-Presbyterian Blocked Lower-Cost Health Plans
New York-Presbyterian Hospital is forcing major health insurers to contract with it on an "all-or-nothing" basis, which is driving up healthcare costs in New York City and violates federal antitrust law, the U.S. Department of Justice said in a federal lawsuit filed Thursday.
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March 26, 2026
Ex-Deloitte Workers Can't Undo Charge Revival, 4th Circ. Says
The full Fourth Circuit has declined to reconsider its late February decision to revive most of the charges against two ex-Deloitte workers accused of stealing the company's trade secrets, after the workers insisted the unfavorable ruling bucked circuit and U.S. Supreme Court precedent.
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March 26, 2026
FTC Warns Mastercard, PayPal, Stripe, Visa About Debanking
The Federal Trade Commission on Thursday warned major payment companies that denying services to consumers based on their politics or religion could lead to an enforcement action, the latest move in the Trump administration's broader crackdown on so-called debanking.
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March 26, 2026
Hovis Deal With Kingsmill Owner Raises Antitrust Issues
The antitrust authority said Thursday that it has provisionally found that the acquisition by Associated British Foods PLC of Hovis Group Ltd. raises competition concerns in the supply of bread and other bakery products in Northern Ireland.
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March 25, 2026
Oak View Exec Tells Jury Of Deal To Hype Ticketmaster
The CEO of Oak View Group told a Manhattan federal jury Wednesday that his company didn't inform other venue owners that it was being paid to "advocate" for them to use Ticketmaster as a vendor for ticketing services, but said he still would recommend the Live Nation subsidiary anyway since it's the best in the business.
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March 25, 2026
Official Says DOJ Watching Essential Patent Antitrust Cases
A U.S. Department of Justice Antitrust Division official said Wednesday the agency is closely monitoring antitrust disputes over standard essential patents, aiming to ensure that proper analyses of market power are undertaken and that most patent suits are exempted from causing antitrust liability.
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March 25, 2026
Nexstar Says No Harm On The Horizon From $6.2B Tegna Deal
Nexstar and Tegna have come out swinging against a "last-minute, unfounded" attempt by eight states to block the companies from continuing to co-mingle their businesses following their $6.2 billion television station merger after receiving the go-ahead from the Federal Communications Commission.
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March 25, 2026
Atty Loses Coverage For Wife's Employer Trade Secret Suit
A professional liability insurer for a law firm owes no coverage for a suit against the firm's named partner alleging he coordinated with his wife to steal trade secrets from a corporate client where his wife served as an executive, a Georgia federal judge ruled Wednesday.
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March 25, 2026
Nut Co. Can Argue Pistachio Trade Dress Is Generic
A New York federal judge has allowed the majority of Nut Cravings Inc.'s counterclaims in a trademark infringement suit involving pistachios to survive, letting the company continue arguing that The Wonderful Co.'s trade dress is generic and unprotectable.
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March 25, 2026
Truck Makers Say Calif. Can't Ditch 'Clean Trucks' Pact Suit
Heavy-duty truck manufacturers have told a California federal judge that state officials cannot be allowed to circumvent federal law and saddle manufacturers with stringent emissions standards and stiff penalties for noncompliance, saying the Golden State's regulations are unequivocally preempted.
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March 25, 2026
Lawmakers Aim To Advance Bills Bolstering Patent Rights
A bipartisan pair of lawmakers said at a conference Wednesday that they plan to make a push to pass legislation aimed at establishing stronger patent rights in the coming year, including bills limiting patent challenges and setting rules on which inventions are eligible for patents.
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March 25, 2026
Colo. AG Says States Must Guard Rule Of Law In Antitrust
Colorado Attorney General Philip J. Weiser said on Wednesday that state enforcers need to uphold the rule of law when it comes to antitrust enforcement because the U.S. Department of Justice is allowing lobbyists to influence outcomes.
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March 25, 2026
Ex-Partner Seeks 2,000 Client Notices In NC Estate Firm Fight
After nearly two hours of argument in which counsel for the founding partner of a trusts and estates law firm argued that the firm should have to notice his departure to thousands of clients, a North Carolina Business Court judge seemed a bit perplexed Wednesday as to why the parties didn't resolve the client list spat with a North Carolina State Bar ethics opinion.
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March 25, 2026
PBMs Say Mich. Price-Fixing Suit Lacks Specifics
For the second time, pharmacy benefit managers Express Scripts Inc. and Prime Therapeutics LLC asked a Michigan federal judge on Monday to toss a price-fixing suit filed by Michigan Attorney General Dana Nessel, arguing that the state has no standing to file the suit.
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March 25, 2026
Turf Company Executive Can't Escape Trade Secrets Suit
An executive must face a turf manufacturer's suit claiming he took confidential information with him when he jumped ship for a rival company, a Georgia federal judge ruled, but said a lack of plausible misconduct allegations meant that rival should be dismissed from the case.
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March 25, 2026
Judge Is Asked To Toss Antitrust Suit Over Law School Fees
The nonprofit Law School Admissions Council asked a Pennsylvania federal judge on Wednesday to throw out antitrust claims over its application-related fees, with counsel for the organization arguing that the suit failed to allege it engaged in a price-fixing conspiracy with law schools.
Expert Analysis
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Netflix Caps 2025 M&A Deals That Will Test Antitrust Strategy
The 2025 media consolidation trend culminated in Netflix's $82.7 billion Warner Bros. Discovery announcement, but the Antitrust Division of the U.S. Department of Justice is likely to question whether remedies short of blocking the deal could credibly preserve competition, says Brian Pandya at Duane Morris.
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Calif. AG's No-Poach Case Reflects Tougher Antitrust Stance
This month, California’s attorney general resolved the latest enforcement action barring the use of no-poach agreements, underscoring an aggressive antitrust enforcement trend with significant increases in criminal and civil penalties, say attorneys at Pillsbury.
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2025 Noncompete Developments That Led To Inflection Point
Employers must reshape their approaches to noncompete agreements following key 2025 developments, including Delaware's rejection of blue-penciling and the proliferation of state wage thresholds, say attorneys at Gunderson Dettmer.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Navigating A Sea Change In Rent Algorithm Regulation
The U.S. Department of Justice's proposed settlement of the RealPage lawsuit represents a pivotal moment in the regulation of algorithmic rent-setting, restraining use of these tools amid a growing trend of regulatory limits on use of algorithmic data and methodologies in establishing housing rental prices. say attorneys at Wilson Elser.
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Calling The AI Witness In 2026's Merger Reviews
Organizations that anticipate facing a second request or merger clearance review in 2026 should collect artificial intelligence artifacts as part of discovery, and distinguish between human-generated and machine-generated materials, says Sean McDermott at FTI Consulting.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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Identifying And Resolving Conflicts Among Class Members
As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Train Ticket Class Action Shows Limits Of Competition Law
The Competition Appeal Tribunal's recent judgment in Gutmann v. London & Southeastern Railway, Govia Thameslink Railway and First MTR South Western Trains Ltd. restates the important principle that a high bar is required to demonstrate an abuse of dominance, providing welcome clarification for consumer-facing businesses that competition law is not intended to serve as a general vehicle for consumer protection, say lawyers at Freshfields.