Competition

  • April 14, 2025

    Sandoz Sues Amgen Over Enbrel Biosimilar

    Sandoz accused Amgen of illegally blocking biosimilar competition to its blockbuster Enbrel drug for arthritis and other inflammatory diseases, alleging that the company used strategic acquisitions and illegal patent extensions to fend off challengers in the space and inflate U.S. prices for its drug.

  • April 11, 2025

    Microsoft, OpenAI Want Out Of Musk's For-Profit Challenge

    OpenAI and Microsoft are ready to be done with a lawsuit brought by Elon Musk accusing them of swindling the billionaire by turning OpenAI, the maker of ChatGPT, into a private entity after he and others invested in the artificial intelligence venture.

  • April 11, 2025

    9th Circ. Revives AirDoctor's $2.5M Damages Bid In TM Suit

    The Ninth Circuit on Friday revived AirDoctor's request for $2.5 million in damages after scoring default judgment against a competitor in a trademark infringement and unfair competition case over replacement air filters, noting the plaintiff isn't barred from actual damages just because it didn't seek a specific amount in its complaint. 

  • April 11, 2025

    Amgen Can't Ditch Regeneron's Bundling Antitrust Suit

    A Delaware federal judge on Thursday denied Amgen's bid to toss antitrust litigation brought by Regeneron accusing its rival of using a bundling scheme to increase the sales of its cholesterol drug Repatha and push competitors out of the market.

  • April 11, 2025

    FTC Democrat Members Seek Quick Win In Trump Firing Suit

    Recently fired Federal Trade Commission Democrat members Rebecca Kelly Slaughter and Alvaro M. Bedoya on Friday asked a D.C. federal court for an expedited summary judgment ruling in their case challenging their removals, arguing that President Donald Trump's attempted firings run afoul of decades-old precedent and the FTC Act.

  • April 11, 2025

    Express Scripts Judge Asks If Khan's FTC Exit Affects Suit

    The Missouri federal judge overseeing Express Scripts' lawsuit accusing the Federal Trade Commission of defaming it with a report excoriating the pharmacy benefits manager for allegedly inflating drug costs asked the parties Friday if new leadership at the commission affects the case that significantly targets former Chair Lina Khan.

  • April 11, 2025

    FTC Starts Process That May Nix Chevron, Exxon Deal Limits

    The Federal Trade Commission took the first steps Friday toward potentially lifting bans on the CEOs of Hess and Pioneer Natural Resources serving on the boards of Chevron and Exxon, respectively, under agreements assailed by the FTC's Republican leadership who want to permit the Chevron-Hess and Exxon-Pioneer mergers without those restrictions.

  • April 11, 2025

    AbbVie, Sandoz Settle Patent Fight Over Rinvoq Generics

    AbbVie has settled a dispute accusing Sandoz of infringing multiple patents with its proposed generic versions of AbbVie's blockbuster immunosuppressant drug Rinvoq, according to a stipulation filed Friday in Delaware federal court.

  • April 11, 2025

    Live Nation, Ticketmaster Can't Nix Consumer Antitrust Suit

    A California federal judge Friday denied a bid from Live Nation and Ticketmaster to toss an antitrust case from consumers alleging monopolization of the concert ticketing market, following a tentative ruling issued earlier this week while finding a recent antitrust win for Amazon doesn't translate to the case before him.

  • April 11, 2025

    FTC Says Chamber's Merger Notice Rule Suit Belongs In DC

    The Federal Trade Commission has asked a Texas federal judge to transfer a U.S. Chamber of Commerce regulation challenge to Washington, D.C., arguing that the only claims to Lone Star State jurisdiction are vague assertions that a local chamber's members could be affected by a new overhaul of merger filing requirements.

  • April 11, 2025

    Landlords Look To Exit DOJ's RealPage Antitrust Case

    The residential building owners accused by federal and state enforcers of violating antitrust law through their use of RealPage's software to set rental prices told a North Carolina federal court it's not against the law for companies to use the same software.

  • April 11, 2025

    5th Circ. Revives Unfair Competition Fight Over Arthritis Drug

    The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.

  • April 11, 2025

    Duke, UNC Football Players Sue NCAA Over Eligibility Waivers

    Four football players from Duke and the University of North Carolina at Chapel Hill filed two separate lawsuits in North Carolina Business Court on Friday after the NCAA denied their requests for another year of eligibility, adding to the growing list of plaintiffs protesting the organization's eligibility rules.

  • April 11, 2025

    Another Calif. Tribe Files Suit Over $700M Casino Project

    A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.

  • April 11, 2025

    Judge Won't Exit Broker Fee Case Over Donations To Wife

    A Missouri federal judge said a real estate firm's bid to boot him from a class action over commission fees may have been driven more by litigation strategy than ethical concerns over campaign contributions made by opposing counsel to his wife, a Kansas City councilwoman.

  • April 11, 2025

    OpenAI Says Co. Sought 'Open AI' TM After It Became Famous

    OpenAI has urged a California federal court to find that it holds senior, protectable trademark rights over a company called Open Artificial Intelligence, saying the entity "rushed" to register its name only after the ChatGPT developer began getting media attention about a decade ago.

  • April 11, 2025

    Hagens Berman Sanctioned Over Disappearing Client

    Hagens Berman Sobol Shapiro LLP is facing monetary sanctions in a proposed class action against Apple and Amazon, after a Washington federal judge said the firm misled her about a problem client who disappeared and wasted the court's time in the process.

  • April 11, 2025

    Off The Bench: A Wait On NIL Settlement, Done Deal In Soccer

    In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.

  • April 11, 2025

    FTC Probing Valvoline's $625M Breeze Autocare Deal

    Valvoline Inc. said Friday that the company and Greenbriar Equity Group LP have each received second requests from the Federal Trade Commission for Valvoline's proposed $625 million acquisition of Breeze Autocare from the middle market private equity firm.

  • April 11, 2025

    Trump Walks A Fine Line In Effort To Steer US Steel's Future

    Nippon's hopes of acquiring U.S. Steel were revived when President Donald Trump ordered a fresh national security review of the deal, but he faces a delicate balancing act to strike an agreement acceptable to all parties without giving a foreign power full control of the vital American steelmaker.

  • April 11, 2025

    Mich. Pot Co. Hits Vape Wholesalers With Antitrust Suit

    Redbud Roots Inc., which bills itself as Michigan's top craft cannabis cultivator, processor and supplier, is suing a group of vaporizer wholesalers, saying in the antitrust complaint that they have agreed to fix prices and keep competitors out of the market.

  • April 11, 2025

    UK Probes $3.1B SES-Intelsat Satellites Biz Merger Plan

    The Competition and Markets Authority said Friday that it is investigating SES SA's proposed $3.1 billion takeover of rival satellites operator Intelsat SA, as consolidation in the aerospace sector continues to take off to compete with Elon Musk and Jeff Bezos.

  • April 10, 2025

    Senate Confirms Meador To Fill 3rd GOP Seat AT FTC

    The U.S. Senate voted along party lines Thursday to confirm Kressin Meador Powers LLC partner Mark Meador to the Federal Trade Commission, filling the agency's third Republican seat as the spots left by the recent firing of the commission's two Democrats remain vacant. 

  • April 10, 2025

    9th Circ. Open To Sending Invisalign Antitrust Suit To Trial

    Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.

  • April 10, 2025

    Insurance Agency Accuses Former Exec Of Poaching Clients

    A Florida insurance agency has accused its former vice president of sales of poaching clients and misappropriating trade secrets when he left for a direct competitor, according to a lawsuit removed to federal court.

Expert Analysis

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q4

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    While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Takeaways From DOJ, FTC End To Collaboration Guidelines

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    The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

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    In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • FTC Picks Augur Pro-Business Bent For Much Of Economy

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    President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • What 2024's Noncompete Turmoil Means For Banks In 2025

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    A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Opinion

    3 New Year's Resolutions For Antitrust Agencies To Consider

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    James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.

  • FTC Focus: A Changing Of The Guard

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    While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.

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