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Competition
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October 21, 2025
Chamber Survey Says Overhaul Doubled Merger Filing Burden
The U.S. Chamber of Commerce on Monday released the results of a small survey indicating that an overhaul of U.S. merger notification requirements, which it's challenging in court, has created a dramatic increase in the time spent by outside counsel and the costs associated with preparing transaction paperwork.
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October 21, 2025
9th Circ. Urged To Revive 5-Hour Energy Price Bias Suit
Family-owned wholesalers have told the Ninth Circuit that a lower court added new requirements with its latest ruling rejecting allegations that the maker of 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.
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October 21, 2025
Vivid Seats Faces Class Action Claiming 'Drip Pricing' Tactics
Ticket reseller Vivid Seats is facing a proposed class action alleging that it used "drip pricing" to illegally deceive consumers by advertising artificially low ticket prices before revealing mandatory fees at checkout.
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October 20, 2025
Calif. Credit Cardholders Can't Get Swipe Fee Case Do-Over
A New York federal judge who was recently assigned to a putative interchange fee class action lawsuit from California cardholders against Visa, Mastercard and major banks in long-running multidistrict litigation has denied their motion for reconsideration of another judge's reconsideration denial.
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October 20, 2025
Judge Blocks Ohio Ban On NIL For High School Athletes
An Ohio judge on Monday opened the door to high school athletes in the state to begin receiving name, image and likeness compensation, granting a request by the mother of a star football player to immediately block a ban on such payments.
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October 20, 2025
OpenAI Says It Owes Musk Nothing In For-Profit Move
OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.
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October 20, 2025
Jack Nicklaus Wins $50M In Fla. Defamation Trial
A Florida jury on Monday awarded Jack Nicklaus $50 million in his defamation lawsuit against the company named after him, finding it made false statements in a 2022 New York lawsuit over the golf legend's interest in a Saudi Arabian league and disseminated those claims to news organizations.
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October 20, 2025
Ski Equipment Makers Targeted In EU Antitrust Probe
The European Union's executive branch on Monday said it, along with local competition authorities, is conducting unannounced inspections at ski equipment companies it believes have formed an illegal cartel in violation of antitrust laws.
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October 20, 2025
Radio Co. Challenges Nielsen's National-Local Data 'Tying'
Cumulus Media sued Nielsen in New York federal court last week, as the local and national radio network owner seeks temporary and lasting blocks on a new ratings data policy Cumulus says entrenches Nielsen's monopolies by conditioning comprehensive nationwide data on subscriptions to the data for local geographies.
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October 20, 2025
AI-Driven Marketing Biz Says Ex-Workers Lifted Trade Secrets
Artificial intelligence-integrated marketing and advertising venture AIquire Inc. sued a newer, climate-focused marketing business in Delaware federal court on Friday, accusing former employees and affiliated companies of misappropriating trade secrets to build the new business, Climaty.
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October 20, 2025
UK Steps Up Antitrust Probe Into Getty-Shutterstock Merger
The U.K. antitrust regulator escalated its investigation into Getty's proposed acquisition of Shutterstock, citing on Monday "realistic" risks that a combined $3.7 billion entity could harm competition.
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October 20, 2025
UK Clears $24.2B Global Payments Deal For Worldpay
Britain's antitrust authority said Monday that it has given the green light to Global Payments' planned acquisition of payments giant Worldpay for $24.25 billion after finding that it will not harm competition in any U.K. markets.
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October 20, 2025
UK Retailers Add To £675M Salmon-Farming Cartel Claim
A group of major U.K. supermarkets has added a new part to its £675 million ($905 million) cartel claim against salmon producers, according to an entry on an online filing system that has now been made public.
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October 20, 2025
Justices Won't Review Optional NAR Rule In Zillow Case
The U.S. Supreme Court refused Monday to review claims that Zillow and the National Association of Realtors blocked competition through an optional association rule that relegated a defunct brokerage platform's listings to a secondary tab on Zillow's site.
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October 20, 2025
Justices Won't Review Merck's Immunity From Vaccine Claims
The U.S. Supreme Court refused Monday to review a decision immunizing Merck & Co. from claims that it blocked competition by making false submissions to federal regulators for its mumps vaccine.
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October 17, 2025
Nursing Exec Denied New Trial On Wage-Fixing Claims
A Nevada federal judge has denied a new trial to a nursing executive convicted of wage-fixing conspiracy and wire fraud after he claimed the U.S. Department of Justice misled the jury about sweetheart terms of a cooperation deal with another company.
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October 17, 2025
Fragrance Co. Cuts $26M 'Icebreaker' Deal In Price-Fixing Suit
A proposed class of direct purchasers asked a New Jersey federal judge Friday to preliminarily sign off on International Flavors and Fragrances Inc.'s $26 million settlement, the first "icebreaker" deal cut in sprawling price-fixing antitrust litigation against four major fragrance ingredient makers.
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October 17, 2025
Altria, Juul May Face Certified 'Frankenstein' Antitrust Class
A California federal judge indicated on Friday that he will likely certify classes of direct and indirect purchasers accusing e-cigarette makers Juul and ex-rival Altria of violating antitrust laws by conspiring to reduce product variety on the market, although Altria's lawyer urged the judge to reconsider and avoid a "Frankeinstein" for damage calculations.
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October 17, 2025
Charter-Cox Deal Called Rational, Given Cable Biz Decline
Conservative think tank Free State Foundation thinks the Federal Communications Commission should give Charter Communications' $34.5 billion plan to merge with Cox Communications the green light, given the fact that "cable television is deep in decline."
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October 17, 2025
Major Banks Colluded For 30 Years To Fix Rates, Suit Says
Several major banks, including JPMorgan Chase, Bank of America and Wells Fargo, have been hit with a proposed class action in Connecticut federal court alleging that for the past 30 years, they have been artificially inflating interest rates on variable-rate loans to consumers and small businesses.
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October 17, 2025
Cornerstone, Peoples Bank To Form $3.1B Texas Lender
Houston-based Cornerstone Capital Bancorp Inc. said Friday that it has agreed to acquire Peoples Bancorp Inc. of Lubbock, Texas, in a deal that will deepen its Texas presence and unite two community banks into a $3.1 billion-asset franchise.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
2 Deals Totaling $2.5M Advance In Meat Industry Wage Case
Two settlements can move forward in a suit brought by workers at red meat processing plants who alleged that Agri Beef Co., Indiana Packers Corp. and Washington Beef LLC engaged in a conspiracy to suppress wages, a Colorado federal judge ruled, finding the deals totaling $2.5 million are fair.
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October 17, 2025
DaVita, Fresenius Seek Dismissal Of Dialysis Price-Fix Suit
The nation's two biggest dialysis providers are looking to get a price-fixing class action accusing them of carving up geographic markets tossed, telling a Colorado federal judge that similar pricing is a natural competitive outcome in a highly concentrated market like that for dialysis, not evidence of a conspiracy.
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October 17, 2025
Train Operators Cleared Of Abuse In Ticket Class Action
A group of rail operators have beaten a class action accusing them of abusing their dominant position and forcing some passengers to pay double the fare, after Britain's antitrust tribunal held that they didn't conceal the existence of cheaper tickets.
Expert Analysis
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.