Competition

  • June 10, 2025

    Ill. Judge Questions Standing In Biogen Antitrust Suit

    An Illinois federal judge seemed skeptical Tuesday that health benefit plans accusing Biogen of impairing competition for its multiple sclerosis drug, Tecfidera, have standing to bring their lawsuit under decades-old precedent allowing only direct purchasers to recoup damages.

  • June 10, 2025

    9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague

    A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.

  • June 10, 2025

    Lawmakers Float NIL Bills Following NCAA Deal

    Members of Congress introduced a pair of bills Tuesday looking to establish national standards for how college athletes monetize their name, image and likeness in the wake of the landmark NCAA class action settlement last week.

  • June 10, 2025

    EU Says OK To $3.1B Intelsat-SES Merger

    Satellite titan SES SA's $3.1 billion plan to buy rival satellite operator Intelsat Holdings has won the approval of the European Commission, which has waved the merger through with no conditions.

  • June 10, 2025

    Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility

    A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.

  • June 10, 2025

    Health Records Co. Looks To Toss Patient Data Access Case

    PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.

  • June 10, 2025

    Dog Owner Defends Tick Meds Suit Against Elanco, Retailers

    A consumer plaintiff has urged an Indiana federal judge not to dismiss her proposed class action accusing Elanco Animal Health Inc. of paying off alleged co-conspirators Chewy, Petco, PetMed Express, PetSmart and PetSense to not carry cheaper generative alternatives to the Advantix topical flea and tick pet prevention drugs.

  • June 10, 2025

    Deere & Co. Must Face FTC Suit Over Repair Restrictions

    An Illinois federal judge compared John Deere's second attempt at beating a right-to-repair suit to Steve Martin's Pink Panther II reboot, calling it "predictable" and "derivative" as he again rejected the farm equipment giant's motion for judgment on the pleadings and allowed the Federal Trade Commission's case against it to proceed.

  • June 10, 2025

    Stability AI, Others Fear Artists' Expert Might Use Their Info

    Stability AI and other artificial intelligence art platforms urged a California federal magistrate judge Tuesday to block an artists' expert in a proposed copyright infringement class action from having access to their confidential information, their lawyer arguing the professor is a "functional competitor" who created software to "sabotage" his clients' products.

  • June 10, 2025

    Sezzle Claims Shopify Is Stifling 'Buy Now, Pay Later' Services

    Digital payment platform Sezzle Inc. has hauled Shopify Inc. into Minnesota federal court, accusing the Canadian e-commerce giant of abusing its market power in customizable online storefronts to further stifle competition for "buy-now, pay-later" services.

  • June 10, 2025

    Target, Campbell's End Chicken-Price Fix Suit With Mar-Jac

    Target Corp. and The Campbell's Co. are the latest broiler chicken purchasers to permanently end their price-fixing claims Monday against poultry processor giant Mar-Jac Inc. in a decade-old sprawling antitrust litigation claiming broiler chicken producers acted in concert to limit chicken production to raise prices and exchange sales volume information with each other.

  • June 10, 2025

    Clerk's Role Means Antitrust Judge Must Recuse, Court Told

    Pork producer defendants involved in a major pork price-fixing case continue to push for the recusal of a Minnesota federal judge because of his clerk's connections to plaintiff-side firms, arguing the plaintiffs are running from "indisputable facts."

  • June 10, 2025

    Innsworth Seeks Review Of £200M Mastercard Settlement Split

    Litigation funder Innsworth announced Tuesday it was launching a High Court challenge to how the Competition Appeal Tribunal decided to distribute a £200 million ($270 million) settlement reached between Mastercard and Walter Merricks to end litigation over credit card fees.

  • June 10, 2025

    Gambling Watchdog Faces Challenge To £70M Lottery Subsidy

    Publishing group Northern & Shell PLC has asked a London appeals tribunal to bin a decision by Britain's gambling regulator to give Camelot UK Lotteries Ltd. more than £70 million ($94 million) to help with marketing and promoting the National Lottery.

  • June 10, 2025

    Apple, Sony Fight Class Reps Over New Legal Funding Deals

    Apple, Visa, Mastercard and Sony told the Court of Appeal Tuesday that funding agreements driving multiple competition class action claims in the U.K. are unlawful and unenforceable.

  • June 10, 2025

    DLA Piper Adds Former FTC Senior Attorney To AI Group

    Former Federal Trade Commission senior attorney Michael Atleson has joined DLA Piper as of counsel in its artificial intelligence and data analytics practice.

  • June 09, 2025

    Bedoya Exits FTC, But Keeps Up Legal Fight Against Trump

    Alvaro M. Bedoya, one of two Democratic Federal Trade Commission members fired by President Donald Trump, gave notice Monday of his formal resignation in order to pursue other work, but emphasized that he is not dropping his lawsuit against the president.

  • June 09, 2025

    No Early Remedy For NC Athlete In NCAA Eligibility Rule Fight

    A federal judge denied a former North Carolina State University football player's early attempt to suspend NCAA rules and tack on a fifth season of eligibility, finding that his antitrust claims against the association's bylaws were likely to falter.

  • June 09, 2025

    Texas, BlackRock Face Judge's Questions Over Coal Suit

    A Texas federal judge on Monday questioned BlackRock Inc. and a Republican-led coalition over claims that the asset manager conspired with others in the industry to drive down coal production through its investment in publicly traded energy companies, wondering whether pressure placed on the companies to provide more detailed climate disclosures was enough to move the lawsuit forward.

  • June 09, 2025

    BiT Global Drops Antitrust Suit Against Coinbase

    Digital asset custodian BiT Global has ended its antitrust suit accusing cryptocurrency exchange Coinbase of delisting its "wrapped" bitcoin product to promote its own, ending an antitrust suit a federal judge said she was inclined to dismiss last month.

  • June 09, 2025

    EchoStar Questions FCC Process In SpaceX, VTel Fight

    EchoStar said the Federal Communications Commission should not be "pulling the rug out from" under it as it fights to keep the spectrum rights it got from T-Mobile, arguing that it was being unfairly singled out by SpaceX and VTel, who want the commission to review the buildout of Dish's network.

  • June 09, 2025

    DOJ's KKR Suit Turning M&A 'Into A Trap,' PE Group Says

    A private equity trade group is seeking to back KKR's bid to dismiss a Justice Department lawsuit seeking fines that could top $650 million for allegedly hiding key documentation and entire transactions from merger notification, arguing that enforcers are trying to create a brand new requirement for "perfect" filings.

  • June 09, 2025

    Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling

    Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.

  • June 09, 2025

    Panini Wants Renewed Claims From Fanatics Tossed

    Trading card company Panini told a New York federal court Fanatics Inc. is trying to distract from allegations it monopolized the sports trading card market by rehashing previously rejected claims that Panini interfered with licensing negotiations.

  • June 09, 2025

    Hemp Vape Makers, Sellers Fight RICO Claims In Delta-9 Suit

    Several hemp vape makers and sellers are urging a Georgia federal court to throw out a woman's proposed class action alleging they conspired to sell vapes with delta-9 THC levels above legal thresholds, saying her complaint fails to back up her claims and conflates manufacturers and retailers.

Expert Analysis

  • What Reuters Ruling Means For AI Fair Use And Copyright

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    A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

  • How The AI Antitrust Landscape Might Evolve Under Trump

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    The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Opinion

    US Steel-Nippon Merger Should Not Have Been Blocked

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    The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer. 

  • Biden-Era M&A Data Shows Continuity, Not Revolution

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    While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.

  • What Travis Hill's Vision For FDIC Could Portend For Banks

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    If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

  • What To Expect From The New FCC Chair

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    As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.

  • Exploring China's 1st Administrative Merger Control Ruling

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    As the first judicial ruling in China's merger control regime, the Beijing Intellectual Property Court's recent upholding of Simcere's acquisition of Tobishi helps to clarify how the Chinese antitrust authority and court assess remedies, say attorneys at Tian Yuan Law Firm.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

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