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Competition
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January 23, 2026
Chancery Says Daxko Noncompete Is Unenforceable
The Delaware Chancery Court has recommended dismissing a lawsuit brought by software company Daxko LLC and its parent Diamond Parent LP against a former sales executive, concluding that the sweeping noncompete agreement at the center of the dispute is unenforceable under Delaware law.
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January 23, 2026
Perkins Coie Adds DOJ Vet To Antitrust Group In DC
Perkins Coie LLP has hired the former assistant chief of the Defense, Industrials and Aerospace Section of the U.S. Department of Justice's Antitrust Division, who helped argue that Google had illegally maintained a monopoly over online searches.
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January 23, 2026
Live Nation Antitrust Judge Wants To 'Punt' On State Claims
A federal judge in Manhattan asked Friday whether federal and state authorities accusing Live Nation of stifling competition in live entertainment would consent to staying the state law claims and focus on federal claims in an upcoming trial so it won't end up "lasting five years."
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January 23, 2026
Apple Hit With £1.5B Class Action Over Digital Wallet Fees
Apple has been hit with a competition claim on behalf of more than 50 million U.K. consumers who allege that the technology giant imposed fees on financial institutions using Apple Pay which increased banking costs by up to £1.5 billion ($2 billion).
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January 22, 2026
TikTok Seals Joint Venture Deal For US Operations
TikTok's Beijing-based owner, ByteDance, has sold a majority stake in the video app's U.S. operations to a new U.S.-based joint venture managed by a group of non-Chinese investors in order to comply with a congressional mandate and avoid the app's shutdown, the company announced Thursday.
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January 22, 2026
Google, Epic Fight Uphill To Tweak App Antitrust Injunction
A California federal judge indicated Thursday that he's unlikely to grant Epic and Google's request to modify a permanent injunction issued after a jury found Google monopolized the distribution of apps on Android devices, saying they have to show changed circumstances, and "I haven't seen anything change, other than a deal" between the companies.
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January 22, 2026
House Report Claims Evidence of CVS Antitrust Violations
House Judiciary Committee staffers said Wednesday that they'd uncovered "a pattern of anticompetitive activity" in CVS Health tactics aimed at coercing independent pharmacies into avoiding working with online services the company saw as a threat to its own pharmacy and pharmacy benefit manager businesses.
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January 22, 2026
FTC Defends BOTS Act Case Against Live Nation
The Federal Trade Commission urged a California federal court not to toss its case accusing Live Nation of deceiving customers and artists, saying the live events and ticketing giant failed to disclose the actual price of tickets and turned a blind eye to scalpers on its platforms.
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January 22, 2026
5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award
The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.
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January 22, 2026
Colo. Co. Can't Sue Target Again For Infringement, Court Told
A Colorado-based clothing company cannot bring claims that Target infringed the company's registered copyright on several infant sleepwear products, the retail giant told a federal judge, arguing that a prior lawsuit against Target prevents the clothing company from suing it again.
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January 22, 2026
Walmart Broke Grocery Noncompete Promise, Court Told
The owner of a suburban Pittsburgh grocery store told a Pennsylvania federal judge Thursday that a neighboring Walmart is in violation of a nearly 30-year-old deal not to compete for food sales, blaming a recent remodel for a drop in the grocer's sales.
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January 22, 2026
10th Circ. Partly Revives Pest Control Co.'s Fraud Claims
The Tenth Circuit has partially revived a case brought by one pest control company against a competitor alleging the business rival bribed employees to turn over sales data, disagreeing with a lower court that the company had not shown financial losses.
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January 22, 2026
Drugmakers May Dodge Disgorgement In States' Antitrust Suit
A Connecticut federal judge probed the limits of his equitable powers Thursday in a sprawling generic drug antitrust enforcement action, expressing doubt that he could order the drugmaker defendants to hand over their profits while also awarding multiplied damages and imposing civil penalties.
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January 22, 2026
2nd Circ. Stays Nielsen's National-Local Data Tying Block
The Second Circuit temporarily paused a New York federal judge's order blocking Nielsen from tying access to its nationwide radio ratings data to the purchase of local market data.
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January 22, 2026
FTC Cites 'Serious Concerns' With Epic-Google Play Deal
A settlement resolving Epic Games' antitrust lawsuit against Google that would replace the injunction Epic won against Google's Play Store controls has drawn pushback from the Federal Trade Commission, which is urging strict scrutiny of the agreement currently under the eye of an already skeptical California federal judge.
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January 22, 2026
Google Can't Duck Case Over Paid Search, Privacy Claims
A California federal court has refused to toss a proposed consumer class action alleging Google's default search agreements block competition from rival search engines that could provide more privacy or even pay users to search.
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January 22, 2026
AGs Target Investor Advocacy Group As 'Climate Cartel'
A group of state attorneys general led by Florida Attorney General James Uthmeier issued a warning letter Wednesday to climate advocacy organization Ceres claiming concerns about violations of antitrust and consumer protection laws.
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January 22, 2026
Amazon Says IP Lawyer Can't Dodge Trademark Suit
Amazon is pushing back against an intellectual property lawyer's effort to escape a lawsuit accusing him of conspiring with a Chinese company to sidestep a U.S. Patent and Trademark Office rule, arguing the claims were properly pled and that the Seattle federal court is the proper venue.
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January 22, 2026
NCAA Tells 4th Circ. Appeal Of Eligibility Ruling Should Go On
The NCAA has urged the Fourth Circuit to keep hearing its appeal of a preliminary injunction letting four West Virginia University football players compete in a season that is now over, arguing that similar challenges to its eligibility rules are inevitable.
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January 22, 2026
Ethanol Biz Loses Bid To Overturn €48M Price-Fixing Fine
A Swedish ethanol producer failed on Thursday to overturn a €47.7 million ($55.9 million) fine for colluding to maintain high prices by market manipulation after a European appeals court ruled that a competition watchdog did not presume it was guilty.
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January 21, 2026
CVS, UnitedHealth, Express Scripts Duck PBM Antitrust Suit
A Missouri federal judge has thrown out a proposed class action accusing the country's three largest pharmacy benefit managers — owned by CVS, UnitedHealth Group and Cigna Group — of inflating prescription costs through their rebating practices.
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January 21, 2026
Epic Games Taps Veteran BigTech GC Amid Antitrust Fights
Veteran technology-industry attorney Reginald "Reggie" Davis, who recently served as Qualia Labs Inc.'s general counsel, has joined Epic Games Inc. as its top in-house attorney, moving to Epic as the Fortnite game-maker is in the midst of wrapping up its years-long antitrust battle against Google and Apple.
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January 21, 2026
Medtronic 'Blocked' Surgical Device Competition, Jury Told
An executive at Applied Medical Resources Corp. on Tuesday told a California federal jury considering antitrust claims against Medtronic Inc. that a surgical device his company introduced a decade ago had great success in Europe but was "blocked" in the U.S. by Medtronic's practice of "bundling" products.
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January 21, 2026
PE Firm Used Jail Threats To Steer Cannabis Deal, Court Told
A private equity firm can't free itself from a contract breach spat between a CBD and hemp product manufacturer and its business partner, as the firm not only interfered with the contract but also threatened to have people thrown in jail if they refused to capitulate, a North Carolina federal court heard Wednesday.
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January 21, 2026
Texas AG Launches Investigation Into Vaccine Incentives
The Texas attorney general launched what it characterized as a sweeping, multi-industry investigation into financial incentives for medical providers to recommend childhood vaccines, saying providers regularly dish out vaccines that "are not proven to be safe or necessary."
Expert Analysis
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Antitrust Scrutiny Heightens In The Cannabis Industry
Two ongoing antitrust cases signal intensified scrutiny of pricing practices, distribution restraints and exclusionary conduct in the cannabis sector, says Robin Crauthers at McCarter & English.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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FTC Focus: Surprising Ways Meador And Khan Sound Alike
Since becoming a commissioner on the Federal Trade Commission, Mark Meador's public comments, speeches and writings reveal a surprising degree of continuity with former Chair Lina Khan's approach, in an indication that differing philosophies might have comparable practical effects, say attorneys at Proskauer.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Noncompete Forecast Shows Tough Weather For Employers
Several new state noncompete laws signal rough conditions for employers, particularly in the healthcare sector, so employers must account for employees' geographic circumstances as they cannot rely solely on choice-of-law clauses, say lawyers at McDermott.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Unpacking Notable Details From FTC's 'AI Washing' Cases
The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.
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Antitrust Considerations Amid Cricket's US Expansion
As cricket continues to grow in popularity in the U.S., leagues, teams and enterprises operating in adjacent spaces should consider the potential antitrust risks associated with their business decisions, particularly around league operations and regulations, broadcasting, licensing, and player labor and mobility, say attorneys at Morgan Lewis.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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What To Know About NCAA Deal's Arbitration Provisions
Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.