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Competition
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September 25, 2025
NCAA Urges 4th Circ. To Move Fast On W.Va. U. Eligibility Suit
The NCAA's appeal of the injunction allowing four West Virginia University football players to immediately return to competition needs an expedited schedule, at the risk of district courts granting even more athletes eligibility while cases are still being argued, the NCAA told the Fourth Circuit on Wednesday.
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September 25, 2025
Private Schools Duck Aid-Fixing Conspiracy Claims, For Now
An Illinois federal judge Thursday tossed an antitrust class action accusing 40 private universities and colleges of illegally conspiring to raise net attendance prices by factoring noncustodial parents' financial information into their nonfederal aid eligibility considerations, deeming allegations of an agreement between them as "conclusory and lacking in plausibility."
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September 25, 2025
Broadcasters Ask FCC To Junk Radio Ownership Caps
The broadcast industry, after convincing a court this year to jettison some local TV ownership limits, is trying to convince the Federal Communications Commission that it's also time for radio ownership caps to go.
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September 25, 2025
European Commission Probing SAP Over Software Support
European enforcers have opened an investigation into concerns that German software giant SAP restricts the market for maintenance and support services for the company's business management software.
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September 25, 2025
Antitrust Pro Back At Jenner & Block From Fish & Richardson
Jenner & Block LLP announced Thursday that it has welcomed back an antitrust attorney who had worked at intellectual property firm Fish & Richardson PC for the past year, after having previously worked at Jenner & Block for 15 years.
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September 25, 2025
Amazon To Pay $2.5B To End FTC's Prime Claims Midtrial
Amazon has agreed to a landmark $2.5 billion settlement to end the Federal Trade Commission's consumer protection case targeting its Prime subscription program, the commission announced Thursday, just days into what was expected to be a monthlong trial.
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September 24, 2025
Google Ad Tech Judge Ponders If Order Without Sale Is Enough
A Virginia federal judge wondered aloud Wednesday if it's necessary to break up Google LLC's advertising placement technology business, or if she can address the monopolies targeted by the U.S. Department of Justice through a "strict set of requirements."
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
Ticketmaster, LA Sued For Sabotaging Kingston Trio Concerts
A concert promoter for the current iteration of the Kingston Trio has filed suit in California federal court, accusing the city of Los Angeles, the Greek Theater and Ticketmaster of sabotaging the folk and pop group's concerts in late 2024, including by making it hard for its older fan base to buy tickets.
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September 24, 2025
Team Owner Fights PR Baseball League's Fresh Dismissal Bid
The former owner of a Puerto Rican baseball team told a federal judge this week that the court has already decided it is the proper forum for his antitrust lawsuit, and it should reject the defendant's motion to shift the dispute back to a local venue.
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September 24, 2025
NY Appeals Court Backs Drug Co.'s $6.5M Contract Case Win
A New York state appeals court won't disturb a finding that a South Korean logistics firm owes $6.5 million for breaching a deal allowing it to license and sell a RedHill Biopharma Ltd. COVID-19 treatment in the country.
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September 24, 2025
Swimmers, Divers Rip School, NIL Deal After Team Dropped
Four former swimming and diving team members at California Polytechnic State University have filed objections in federal court to the NCAA's $2.78 billion name, image and likeness settlement, after university officials pointed to the financial consequences of the settlement as the reason the swimming and diving program was eliminated.
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September 24, 2025
Standard General Founder Taking FCC Bias Suit To DC Circ.
Hedge fund manager Soo Kim is taking his allegations that the Federal Communications Commission and a cadre of media players were part of a racist conspiracy to kill his $8.6 billion merger with broadcaster Tegna Inc. to the D.C. Circuit after a lower court kiboshed the claims last month.
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September 24, 2025
Kirkland, Willkie Steer IAS' $1.9B 'AI-First' Sale To Novacap
Integral Ad Science, a global digital media measurement and optimization company, said Wednesday that it has agreed to be acquired by private equity firm Novacap in an all-cash transaction valued at about $1.9 billion, with Kirkland & Ellis LLP advising IAS and Willkie Farr & Gallagher LLP guiding Novacap.
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September 24, 2025
Bank Says It's Being Blocked From Settlement Fund Market
Flatirons Bank has sued Eastern Point Trust Co. in Wyoming federal court for allegedly blocking competition in the market for qualified settlement fund services by threatening baseless litigation and falsely claiming that Flatirons' platform copies its own offering.
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September 24, 2025
FTC Merger Filing Overhaul Is Clear Overstep, Chamber Says
The U.S. Chamber of Commerce and other groups challenging the Federal Trade Commission's recent overhaul of its premerger reporting requirements told a Texas federal court the changes create an unnecessary burden for thousands of deals that raise no competition concerns.
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September 24, 2025
Merrill Lynch Accuses Ex-Staff, Schwab, Investor Of IP Theft
Merrill Lynch has filed a trade secrets lawsuit against a dozen former employees, Charles Schwab and Dynasty Financial Partners, alleging the defendants conspired to start a new independent financial advisory firm with Merrill's staff and confidential information.
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September 24, 2025
Judge Sends Pandora IP Claims Back To Special Master
A California federal judge has sent summary judgment motions from online radio service Pandora Media and a group of comedians back to a special master for further consideration after it was previously recommended that Pandora prevail.
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September 24, 2025
AvalonBay Can't Duck DC's RealPage Claims
A District of Columbia Superior Court judge has rejected landlord AvalonBay Communities Inc.'s bid to escape D.C.'s rent-fixing antitrust suit against property management software company RealPage Inc., AvalonBay and several landlords.
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September 23, 2025
Industry Witnesses In Google Ad Tech Case Not 'That Helpful'
A Virginia federal judge tightened the leash Tuesday on the U.S. Department of Justice and Google fight over the company's advertising placement technology business, expressing dissatisfaction with non-technical industry witnesses testifying about the benefits and costs of a government breakup proposal.
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September 23, 2025
Attys Must Pay $24K For AI Citations In FIFA Antitrust Case
Counsel representing the now-shuttered Puerto Rico Soccer League in its antitrust suit against FIFA must pay more than $24,000 in attorney fees and litigation costs to the soccer federation and other defendants for filing briefs that appeared to contain errors hallucinated by artificial intelligence, a federal judge ruled Tuesday.
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September 23, 2025
DC Circ. Says FMC's Late-Fee Rule Makes No Sense
The Federal Maritime Commission's "demurrage and detention" fees rule does not make sense, the D.C. Circuit has ruled, partially striking down the rule after finding that the agency had not given a good reason for allowing some entities to be fined for shipping delays while blocking others.
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September 23, 2025
Amazon Prime Trapped Consumers, FTC Tells Seattle Jury
Amazon knew for years that millions of people were inadvertently enrolling in its Prime subscription program because of its design choices but prioritized boosting membership counts over fixing the problem, the Federal Trade Commission told a Seattle federal jury on Tuesday, kicking off a long-awaited consumer protection trial against the e-commerce giant.
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September 23, 2025
FCC Demands Boomerang, Others Repay $1.1M For Contracts
The Federal Communications Commission said it is owed more than $1.1 million for spending more on computer tablets than was needed by two wireless companies during pandemic-era assistance programs.
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September 23, 2025
Tether Objects To 'Unsound' Class Bid In Crypto Rigging Suit
Tether, Bitfinex and others have urged a New York federal judge not to grant certification to a class of investors accusing the digital asset companies of rigging the cryptocurrency market, arguing that the investors' expert presented an "unsound and unreliable" methodology for determining common impact, among other things.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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A Look At M&A Trends In An Uncertain Deal Environment
Dealmakers are adopting more cautious and deliberate merger and acquisition practices, such as earnout agreements, joint ventures and strategic partnerships that mitigate risk and bridge valuation gaps, amid the slower pace so far in 2025, says Louis Lehot at Foley & Lardner.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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FTC Focus: Synthetic Data Yields Antitrust Considerations
Attorneys at Proskauer explore the burgeoning world of synthetic data, the antitrust implications involved, the Federal Trade Commission's role in regulating this space and practical takeaways from these emerging issues.
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Opinion
Slater Heralds Return To US Antitrust Norms, Innovation
Under recently confirmed Assistant Attorney General Gail Slater, the Antitrust Division of the U.S. Department of Justice can fulfill President Donald Trump's objective to reestablish American economic dominance on the global stage while remaining faithful to antitrust's core principles, says Ediberto Roman at the Florida International University College of Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.