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Competition
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July 24, 2025
Tyson's $55M Delaware Win Won't Aid Ga. Suit, Rival Says
Poultry rendering company American Proteins Inc. told a Georgia federal judge Wednesday that a Delaware court's award of $55 million to Tyson Foods for overpaying to acquire the company has no bearing on their antitrust suit over whether Tyson forced the buyout through strong-arm tactics.
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July 24, 2025
NC Judge Reins In Row Over Clinical Trial Software Contract
A 6-year-old breach of contract suit got pruned on its second trip to North Carolina's business court Wednesday, with defendant Pharmaceutical Research Associates Inc. winning partial summary judgment against former PRA employee Neil Raja and the healthcare technology company he founded, Value Health Solutions Inc.
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July 24, 2025
Logan Paul's Co. Can't Depose Messi In Drink TM Row
Logan Paul's sports drink company has lost its bid to depose soccer star Lionel Messi in a trademark dispute after a New York federal judge found the deposition request to be "vexatious and improper," and pointed out that Messi attested he lacks unique knowledge about the issues in the case.
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July 24, 2025
Encore Series, Philadelphia Orchestra End Antitrust Spat
Encore Series, formerly the Philly Pops, and the Philadelphia Orchestra ended their two-year-old litigation centered on allegations of anticompetitive conduct and breach of contract over live symphony concerts in the Philadelphia metropolitan area, according to a notice Thursday in federal court.
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July 24, 2025
Sun Pharma Settles Consumer Price Fixing Case For $200M
Sun Pharmaceuticals has agreed to a $200 million settlement with a class of consumers who claim that the company joined other generics makers in fixing drug prices.
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July 24, 2025
Groups Say Google Shirks EU Mandate To Allow App Deletion
Advocacy groups asked European Union antitrust enforcers on Thursday to investigate Google's parent company, Alphabet, accusing the technology giant of "an open attempt to circumvent" EU law requiring designated technology "gatekeepers" to permit users to uninstall apps easily.
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July 24, 2025
FTC May Join Intuitive Surgical Antitrust Appeal
The Federal Trade Commission has asked the Ninth Circuit for extra time to decide if it will weigh in on a $140 million antitrust appeal involving Intuitive Surgical's da Vinci robot.
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July 24, 2025
Union Pacific, Norfolk Pursuing Coast-To-Coast Rail Megadeal
Norfolk Southern Corp. and Union Pacific Corp. on Thursday confirmed they are in "advanced discussions" on a potential megamerger that would create a transcontinental rail giant — and one that may stand a better chance of success under a more flexible regulatory regime.
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July 24, 2025
New FCC Auction Criticized For Lack Of Tribal Window
The Federal Communications Commission pushed ahead with a new auction of the airwaves Thursday, but its rejection of a tribal "priority" window led to criticism from one FCC member.
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July 24, 2025
Pandora Should Beat Comedians' IP Suit, Special Master Says
A special master has recommended that a California federal judge hand Pandora Media a summary-judgment win in high-stakes copyright infringement litigation by a group of comedians who allege the streaming service lacked licenses for the underlying jokes in their comedy routines, finding that the comedians waited too long to sue.
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July 24, 2025
Novo Nordisk Resolves Ozempic TM Suit Against Drugmaker
Novo Nordisk has settled claims of trademark infringement and unfair trade practices against Connecticut drugmaker LIVation LLC over the latter's comparisons of its compounded drugs to the Danish pharmaceutical company's Ozempic medication.
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July 24, 2025
Swimmers Cut Deal In Antitrust Case Against Governing Body
Professional swimmers have reached a settlement ending their claims accusing the sport's international governing body of organizing a group boycott against an upstart league, while the league's antitrust claims against the governing body remain set for a January trial.
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July 24, 2025
Kraft Must Face Claims It Stole Overseas Distributor Database
The Kraft Heinz Co. cannot escape a lawsuit accusing it of stealing confidential information from a business that helps U.S.-based consumer goods brands expand their markets internationally by identifying foreign distributors, an Atlanta federal judge has ruled.
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July 24, 2025
EU Probes If KKR Gave 'Incorrect Or Misleading' Merger Info
European Union antitrust enforcers announced an investigation Thursday into whether KKR & Co. Inc. provided "incorrect or misleading information" as part of the review of its $23.7 billion acquisition of NetCo that received unconditional approval last year.
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July 24, 2025
Columbia Sportswear Says University Breached Name Deal
Columbia Sportswear Co. has sued Columbia University in Oregon federal court, claiming the university breached a trademark deal over their shared name by making apparel that only said "Columbia" with no other university insignia.
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July 24, 2025
Naval Engineers In No-Poach Suit Hint At New Named Plaintiff
A proposed class of naval engineers suing the nation's major military shipbuilders and contractors over an alleged no-poach wage-fixing scheme may have a new named plaintiff to bring to the case.
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July 24, 2025
Amazon To Face £4B Dual Class Actions In UK
The U.K.'s competition court gave the green light on Thursday to two class actions against Amazon, totaling £4 billion ($5.4 billion), alleging that the e-commerce giant abused its dominant market position to the detriment of retailers and consumers.
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July 23, 2025
FTC Wants PE Firm's Medical Device Coating Deal Put On Ice
Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.
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July 23, 2025
9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods
The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.
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July 23, 2025
Anthropic Judge Says Authors Can Seek OpenAI Docs In NY
A California federal judge on Wednesday told a certified class of authors claiming Anthropic stole their work to train its AI technology that they have his blessing to ask a New York court overseeing copyright litigation against OpenAI and Microsoft to produce documents and deposition testimony related to the California case.
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July 23, 2025
9th Circ. Revives Barrett Business Services' Secrets Case
The Ninth Circuit has reinstated Barrett Business Services Inc.'s claims of trade secret theft against two former employees, their wives and a competing company they started.
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July 23, 2025
Eye-Control Wheelchair Tech Targeted In Wash. Co.'s IP Suit
A Washington-based firm that makes devices for individuals with disabilities has launched a lawsuit in federal court claiming a German company exploited its patented technology that allows users to control powered wheelchairs by looking at a screen.
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July 23, 2025
8th Circ. Tosses FCC Dems' Local Media Ownership Rule
The Eighth Circuit on Wednesday threw out local media ownership rules passed a year and a half ago by Democrats on a split Federal Communications Commission vote.
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July 23, 2025
False Ad Ruling Expanded Patent Law, Crocs Tells Justices
Shoemaker Crocs Inc. has asked the U.S. Supreme Court to look at a Federal Circuit decision reviving false advertising claims that its shoes were made with "patented, proprietary, and exclusive" materials that weren't actually patented, arguing that the ruling would allow an "end run" around Congress' limitations on false marking suits.
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July 23, 2025
Amazon Shoppers Protest Proposed 'Mini-Trial' On Class Cert.
Consumers are fighting Amazon's bid for an evidentiary hearing in parallel antitrust suits before a Washington federal judge decides a pending class certification motion, insisting the company has had plenty of time to vet key opinions from the plaintiffs' economics expert.
Expert Analysis
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Pace Of Early Terminations Suggests Greater M&A Scrutiny
The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.
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And Now A Word From The Panel: A Rare MDL Petition Off-Day
In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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4 Ways Slater Is Priming DOJ For Continued Antitrust Success
Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.
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What EU 'Killer Acquisition' Study Means For Pharma Deals
The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.
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Why Texas Should Slow Down On Healthcare Merger Bills
More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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FTC Focus: Interlocking Directorate Enforcement May Persist
Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.