Competition

  • May 02, 2025

    Ad Tech Judge Mulls Possible Google Exchange Divestiture

    A Virginia federal judge expressed interest Friday in potentially forcing Google to divest a key piece of its advertising placement technology business, while voicing reservations with a U.S. Department of Justice proposal to also force another sale to address the search giant's ad tech monopoly.

  • May 02, 2025

    Musk Can Pursue Most Claims Against OpenAI, Microsoft

    Microsoft, OpenAI and several of their affiliates cannot escape the bulk of Elon Musk's lawsuit accusing the companies of swindling him by transitioning the ChatGPT maker into a for-profit enterprise, a California federal judge ruled.

  • May 02, 2025

    Conn. Burrito Joints Settle Trademark, Cash Raid Suit

    Two Connecticut restaurants with similar names, operated by onetime romantic partners, have settled a federal trademark and trade secrets suit accusing the allegedly infringing business of improperly using cash and ideas from the original.

  • May 02, 2025

    FIFA Seeks Fees After Citation Mistakes In Antitrust Case

    FIFA is demanding attorney fees from plaintiffs for misusing artificial intelligence in an antitrust suit against the soccer federation in Puerto Rico, with a formatting error revealing that it is seeking more than $50,000 for work performed by Paul Weiss Rifkind Wharton & Garrison LLP and a local firm, according to court documents.

  • May 02, 2025

    Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules

    In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.

  • May 02, 2025

    Leave Us Out Of NASCAR's Antitrust Feud, Leagues Tell Court

    The National Football League, National Basketball Association and National Hockey League should not be forced to reveal confidential business and financial information as part of a stock-car racing case that has no relevance to them, the major sports leagues told a New York federal court as they tried to dodge a subpoena demand.

  • May 02, 2025

    Live Nation Antitrust Fight Won't Have Split Damages Phase

    A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.

  • May 02, 2025

    Windfarm Accuses Nexans Of Overpricing In £50M Cartel Trial

    Companies behind an English windfarm have alleged that the Norwegian arm of power cable giant Nexans charged artificially high prices as a result of an anticompetitive cartel, in a trial in which they are claiming £49.8 million ($66.2 million) in damages.

  • May 02, 2025

    Govia Thameslink Loses Bid To Cross-Examine Class Rep

    Britain's antitrust tribunal refused Govia Thameslink Railway Ltd. permission to cross-examine the campaigner representing rail passengers in a class action over allegedly unfair ticket prices, saying it was unpersuaded there has been "serious mismanagement" of the case.

  • May 01, 2025

    NCAA Coaches Get Initial OK For $49M Wage-Fix Deal

    A California federal judge granted preliminary approval Wednesday to a group of roughly 1,000 Division I volunteer baseball coaches for their settlement under which the NCAA would pay $49.5 million to resolve their proposed antitrust class action challenging a since-repealed "uniform wage fix" bylaw.

  • May 01, 2025

    Unlockd Tells 9th Circ. Google Harms Ad Market Competition

    A defunct advertising app that alleged Google's decision to boot it from the Google Play Store harmed market competition for digital advertising asked the Ninth Circuit to reinstate its claims, arguing Wednesday the lower court wrongly concluded that eliminating a "nascent competitor" in a large market didn't rise to antitrust injury.

  • May 01, 2025

    Judge Told Data Would Let Rivals Mimic Google Search

    An academic testifying for Google on Thursday told a D.C. federal court that the data sharing provisions being proposed as a fix in the search monopolization case would allow rivals to reverse engineer Google search and if not match the results, at least mimic them.

  • May 01, 2025

    McDonald's Agrees To Drop Price-Fixing Suit Against Cargill

    McDonald's Corp. has agreed to drop its claims against Cargill Inc. in litigation accusing major meat processing and packing companies of conspiring to fix beef prices, according to a joint announcement made by the companies.

  • May 01, 2025

    PBMs Tell 6th Circ. Ohio's Pricing Case Belongs In Fed Court

    Express Scripts and Prime Therapeutics urged the Sixth Circuit to undo a district court order returning a lawsuit from Ohio's attorney general alleging they drove up prescription drug prices to state court, arguing Wednesday an after-the-fact disclaimer of federal program-based claims isn't enough to sever a federal law connection.

  • May 01, 2025

    'Open AI' TM Fight Should Go To Trial, Website Owner Says

    Open Artificial Intelligence said key questions in a trademark dispute with OpenAI should go before a jury, arguing there were too many factual issues for the ChatGPT developer to obtain a ruling in its favor in the fight.

  • May 01, 2025

    J&J Talc Unit Says New Doc 'Key' To Talc Study Libel Suit

    A Johnson & Johnson talc unit has asked a New Jersey federal court to reinstate its libel suit over a scientific article linking talcum powder to mesothelioma, arguing that newly discovered evidence shows statements in the article are false.

  • May 01, 2025

    Payment Math Dooms Sandoz Price-Fixing Deal With Florida

    A Connecticut federal judge on Thursday refused to put a bow on the deal the state of Florida struck with Sandoz AG and related defendants in three generic drug price-fixing lawsuits, ruling from the bench in Hartford that the settlement agreement "as written" would lead to exorbitant supplemental payments in the event that other states also reach deals to release their claims.

  • May 01, 2025

    Internet Pricing Cap Clears Calif. Assembly Committee

    A California Assembly panel has passed a bill to cap internet prices for low-income families, similar to New York legislation now in effect that went through appellate court challenge.

  • May 01, 2025

    11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict

    The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.

  • May 01, 2025

    Baking Co. Burned For Revealing Recipe After IP Trial Loss

    A Pennsylvania federal judge had strong words of warning Wednesday for Bundy Baking Solutions, a baking products company that lost a jury trial over a rival's trade secrets and responded to a motion for a permanent ban by allegedly disclosing some of those same secrets on a public docket.

  • April 30, 2025

    Apple Defied App Store Injunction For Revenue, Judge Says

    A California federal judge Wednesday agreed with Epic Games that Apple violated her order blocking App Store rules that prevent developers from steering users to alternative payment options, and has now barred Apple from collecting any fees on outside-app purchases and referred the matter to federal prosecutors for possible criminal contempt proceedings.

  • April 30, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.

  • April 30, 2025

    CEO Asked How Rivals Can Possibly Match Google Money

    Google CEO Sundar Pichai testified Wednesday that the Justice Department's proposed monopolization fixes amount to a "de facto divestiture" of the company's entire search intellectual property, only for the D.C. federal judge to wonder how rival search engines could hope to match its financial resources.

  • April 30, 2025

    FTC Transfer Stripped From House Judiciary Reconciliation

    A provision to transfer the Federal Trade Commission's antitrust functions to the U.S. Department of Justice was stripped out of the House Judiciary Committee's budget reconciliation bill on Wednesday.

  • April 30, 2025

    Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case

    A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.

Expert Analysis

  • Executive Orders That Could Affect Financial Services In 2025

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    The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.

  • How New Merger Filing Rules Will Affect Economic Advocacy

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    New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.

  • Impact Of Corporate Transparency Act Ambiguity On Banks

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    Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • The Current State Of Play Around Corporate Transparency Act

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    Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Opinion

    Antitrust Posturing Against Algorithmic AI Should End

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    President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Back To The Future? Antitrust Enforcement Under Trump 2.0

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    While the transition to the second Trump administration's antitrust policy should be accompanied by less uncertainty, we're unlikely to get a full sense of the true focus and tenor of competition enforcement under Trump 2.0 before late next year, say attorneys at Simpson Thacher.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

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