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Competition
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Featured
Trump DOJ Eyes Algorithmic Collusion, Welcomes 'Little Tech'
Tackling algorithmic pricing collusion in the healthcare and housing markets and welcoming pro-competitive mergers of "Little Tech" are among the U.S. Department of Justice's plans for protecting consumers in today's digital markets, the top deputy for the DOJ's antitrust division told privacy professionals on Thursday.
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July 09, 2025
DOJ Charges Oak View CEO With Rigging Arena Project Bid
The U.S. Department of Justice announced an indictment on Wednesday of Oak View Group's CEO Tim Leiweke for allegedly rigging the bid to build and operate the Moody Center arena on the campus of the University of Texas at Austin.
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July 09, 2025
Hecker Fink Welcomes Longtime Cravath Trial Lawyer In NY
Hecker Fink LLP announced Wednesday that a longtime Cravath Swaine & Moore LLP attorney known for her work on high-stakes commercial litigation has joined its New York office.
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July 09, 2025
Auto Giants Get Tentative Antitrust OK For IP Licensing Org
The European Union's executive arm told German auto giants BMW, Mercedes and Volkswagen Wednesday that their new licensing group will comply with the bloc's antitrust regime as long as they let standard essential patent holders opt out of talks, among other conditions.
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July 08, 2025
FCC Should Kill Verizon-UScellular Deal, Trade Group Says
The Rural Wireless Association is not a fan of T-Mobile, Verizon and AT&T's plan to split UScellular between themselves — particularly when it comes to Verizon picking up a hefty share of the phone and internet company's spectrum, the trade group has told the FCC.
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July 08, 2025
Teva Challenge To J&J Antipsychotic Patent Fails At Fed. Circ.
The Federal Circuit on Tuesday rejected Teva Pharmaceuticals USA Inc.'s challenge to the validity of claims in a Johnson & Johnson unit's patent covering a lucrative schizophrenia drug, disagreeing with the generic-drug maker that one of the patent's claims should be presumed obvious.
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July 08, 2025
Biosimilars Industry Group Backs Interchangeability Bill
The current law on how biosimilars are deemed interchangeable or not with their name-brand biologic equivalents has led to public confusion over how safe biosimilars are, a coalition of healthcare industry groups told lawmakers in a letter Monday.
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July 08, 2025
DOJ Antitrust Unit Launches Program To Pay Whistleblowers
The U.S. Department of Justice launched a new program on Tuesday to provide rewards for people who report antitrust crimes related to the postal service, giving whistleblowers the opportunity to receive 30% of any criminal fines recovered for violations.
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July 08, 2025
4th Circ. Won't Pause Ex-Naval Engineers' No-Poach Ruling
The Fourth Circuit on Tuesday sent a revived class action alleging that shipbuilding military contractors used no-poach agreements to suppress wages back to district court, rejecting the contractors' motion for a stay while they prepare to send a certiorari petition to the U.S. Supreme Court.
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July 08, 2025
'Practice Better Judgment,' Judge Tells Comscore Foe
A California federal judge "strongly" admonished a film distribution and data company for filing an amended monopolization complaint against Comscore on the Fourth of July, while also concluding that the filing mooted, for now, a bid to force the box office giant to continue sharing data.
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July 08, 2025
Judge Doubts OpenAI Rival Used Similar TM Commercially
A California federal judge appeared skeptical Tuesday that Open Artificial Intelligence Inc. began using its name commercially earlier than ChatGPT developer OpenAI Inc., pushing the lesser-known company for evidence and expressing impatience over what she viewed as a lack of any substantive backing.
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July 08, 2025
Team Telecom Backs $3.1B SES-Intelsat Deal, With Conditions
Team Telecom, an interagency group that advises the FCC on security risks, has said it sees no issue with the agency approving satellite titan SES SA's $3.1 billion plan to buy rival satellite operator Intelsat Holdings, so long as it abides by a few conditions.
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July 08, 2025
Gray, Scripps To Seek FCC Waivers Of Local Ownership Rule
Broadcast giants Gray Media and Scripps are hoping the Federal Communications Commission waives its local ownership rules to let them complete a TV station swap affecting five markets that they say will create duopolies for each company.
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July 08, 2025
Exclusion's Use Of 'The' Supports Alt. Reading, 5th Circ. Says
The Fifth Circuit said an exclusion barring coverage for intellectual property infringement claims didn't necessarily relieve an insurer from covering defense expenses an oil and gas company incurred in an IP theft lawsuit, finding the exclusion's use of "the" led to a pro-coverage, reasonable meaning.
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July 08, 2025
Academic Researchers Defend Publisher Antitrust Claims
Academic researchers are defending a proposed class action in New York federal court accusing six of the largest academic journal publishers of colluding to block compensation for peer review services while suppressing competition for scholarly manuscripts.
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July 08, 2025
FCC Urged To Mandate Phone Unlocking For Dual SIM Use
As Verizon pushes to end a requirement by the Federal Communications Commission allowing the company's customers to switch carriers after 60 days, cloud service providers say the FCC should make sure customers who need dual SIM cards can use more than one provider.
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July 08, 2025
PE Attorneys Remain Optimistic Despite First-Half Slump
While many private equity attorneys predicted a booming environment heading into 2025 with President Donald Trump's incoming pro-business administration, uncertainty surrounding tariffs and antitrust regulations has been a hurdle for dealmaking and fundraising, causing an unanticipated slowdown in private equity activity.
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July 08, 2025
Amazon Wants To Challenge Class Cert. Bid On The Stand
Amazon has asked a Washington state federal judge to let it interrogate the expert witness backing a bid for class action status covering tens of millions of consumers, arguing that an evidentiary hearing, with cross-examination, is needed in the antitrust litigation accusing it of keeping online retail prices artificially high.
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July 08, 2025
The Biggest Copyright Rulings Of 2025: A Midyear Report
Two California judges were the first to deliver crucial rulings about what constitutes fair use in training generative artificial intelligence models — a question expected to test the boundaries of the copyright doctrine amid the emergence of the groundbreaking technology. Here is Law360's list of the biggest copyright decisions so far this year.
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July 08, 2025
Appeal Win Gives Certainty To UK Class Action Funding
The Court of Appeal's decision to endorse the validity of litigation-financing agreements devised to sidestep a U.K. Supreme Court ruling that upended class action funding provides certainty over what is allowed, but lawyers remain wary that further legislative changes are likely.
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July 08, 2025
CMA Weighs Probe Of Greencore's £1.2B Bid For Bakkavor
The U.K. antitrust watchdog said Tuesday that it is taking soundings about whether to launch an investigation into Greencore Group PLC's proposed £1.2 billion ($1.6 billion) acquisition of rival Bakkavor Group PLC, a British convenience food maker.
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July 07, 2025
Tennis Players Argue For Wide Class At NCAA Cert. Hearing
College tennis players told a North Carolina federal judge Monday that common questions abound for members of a proposed class claiming that NCAA rules governing prize money violate antitrust law.
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July 07, 2025
FTC Wants More Time To Present Case Against Amazon Prime
The Federal Trade Commission asked a Washington federal judge for 10 days to put on its case-in-chief against Amazon over alleged deceptive practices that trick customers into automatically renewing Prime subscriptions, arguing the evidence at the upcoming trial would be "voluminous and complex," and lengthening the trial won't prejudice Amazon.
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July 07, 2025
Burford Entities Can't Opt Out Of $32M Cargill Price-Fix Deal
An Illinois federal judge Monday denied two Burford Capital entities' day-late bid to opt out of a $32 million price-fixing settlement between Cargill and a direct turkey purchasers class, rejecting their contention that their attorneys' busy schedule and separate actions they filed against the turkey producer warranted their exclusion.
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July 07, 2025
'Social Contracts' Over Ownership Rules A Bad Idea, FCC Told
The free-market advocacy group Free State Foundation is lobbying against a proposal to revive "social contracts" in television broadcasting regulation, saying the move would effectively impose government rate regulation disguised as "voluntary" agreements.
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July 07, 2025
AGs Urge Texas Ad Tech Judge Not To Delay Google Trial
An attorney for the Texas-led coalition of attorneys general targeting Google's advertising placement technology business urged a Texas federal judge Monday not to delay the upcoming jury trial, arguing there's no need to worry about potential inconsistencies with a Justice Department case in Virginia.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Nev. Steps Up Efforts To Attract Incorporations With New Law
Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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FTC Focus: Enforcers Study AI Innovation And Entrenchment
The Federal Trade Commission and other regulators setting their sights on the burgeoning artificial intelligence ecosystem are considering how the government should approach innovation in tech markets that tend, almost inevitably, toward concentration, say attorneys at Proskauer.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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New Law May Reshape Fla. Employer Noncompete Strategy
With Florida's CHOICE Act taking effect this week, employers should consider the pros and cons of drafting new restrictive covenant agreements with longer noncompete or garden leave periods and enhanced enforcement mechanisms, say attorneys at Vedder Price.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Employer Best Practices For Navigating Worker Separations
As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.