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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 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.
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July 07, 2025
As New Era Dawns For College Athletes, Repairs Still Needed
As far back as late 2023, when a broad cross-section of former college athletes was certified as a class to sue the NCAA for unpaid name, image and likeness compensation, all parties involved have known that the eventual settlement of its claims would repair just one specific broken part of the college sports ecosystem. With the $2.78 billion settlement designed to provide money to past, present and future athletes going into effect on Tuesday, legal experts still wonder how and when enough will be done to set right the scales that went unbalanced for decades.
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July 07, 2025
Fanatics Told To Give Panini Licensing Docs In Antitrust Case
A New York federal court said Monday that Fanatics Inc. must turn over unredacted versions of its licensing deals with major sports leagues and player associations that are at the heart of Panini America Inc.'s case accusing Fanatics of monopolizing the sports trading card market.
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July 07, 2025
Deere & Co. Needn't Give More Financial Docs In Repair Suit
An Illinois federal judge overseeing twin cases alleging Deere & Co. is violating the Sherman Antitrust Act through its control of repair tools decided Monday not to force the company to produce its dealer financial analysis documents, saying any relevant information in them has already been produced elsewhere in the cases.
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July 07, 2025
AI Weather Startup Claims Rival Used Trade Secrets
An artificial intelligence-powered weather simulation startup has sued a rival company in California federal court, claiming a consultant took its source code and used it to found the competitor.
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July 07, 2025
Wis. Rep. Pushes 2 Bills To Counter EU's Tech, ESG Rules
A Republican U.S. House representative recently introduced two pieces of legislation over European Union regulations the congressman has deemed to be burdensome to U.S. companies, according to a recent announcement from the representative.
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July 07, 2025
Samsung Settles Epic's Claims It Colluded With Google
Epic Games Inc. on Monday voluntarily dropped Samsung from the Fortnite game-maker's latest California federal antitrust suit in light of the parties' settlement, resolving allegations the phone maker colluded with Google to circumvent an order forcing Google to open Android phones to Play Store competition.
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July 07, 2025
PE Dealmakers Best-Suited To Cut Through M&A Challenges
In part two of this M&A market review, industry attorneys dig into how regulatory shifts are impacting the M&A landscape, from increased paperwork to continued scrutiny of tech transactions. They also outline how and why private equity has emerged as a bright spot in the market, playing an outsize role in dealmaking.
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July 07, 2025
Ex-FTC Antitrust Chief Returns To Covington As Co-Chair
Covington & Burling LLP has rehired the former director of the Federal Trade Commission's Bureau of Competition as a co-chair of its antitrust and competition practice group in Washington, D.C., the firm announced Monday.
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July 07, 2025
Fed. Circ. Affirms Cisco's Defeat Of $371M Patent Suit
The Federal Circuit on Monday declined to revive software company Egenera's $371 million patent lawsuit against Cisco, affirming lower court findings that the communications giant didn't infringe.
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July 07, 2025
J&J Unit Looks To Wipe Out $442M Catheter Antitrust Loss
Johnson & Johnson health tech unit Biosense Webster has asked a California federal court to throw out Innovative Health's $442 million trial win in a case accusing Biosense of conditioning product support for its cardiac mapping systems on the purchase of cardiac catheters.
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July 07, 2025
Apple Appeals 'Unprecedented' €500M EU Digital Markets Fine
Apple Inc. launched an appeal on Monday to the European Commission's €500 million ($586 million) fine over anticompetitive behavior on its App Store that allegedly breached the European Union's Digital Markets Act.
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July 07, 2025
Brownstein Hyatt Breaks Into NY, Adds 5-Atty Crowell Team
Brownstein Hyatt Farber Schreck LLP announced Monday that it has hired five partners and a policy director from Crowell & Moring LLP and established its first New York office in the process.
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July 07, 2025
Arnold & Porter Adds Biden DOJ Official To DC Team
A former third-ranking official at the U.S. Department of Justice, who also held top positions in the Office of Personnel Management and served as solicitor general in his home state of Ohio, has joined Arnold & Porter Kaye Scholer LLP in Washington, D.C., the firm announced Monday.
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July 07, 2025
Rail Passengers Claim Just Fraction Of £25M Stagecoach Deal
 Train passengers have claimed only £216,000 ($295,000) in compensation from a multimillion-pound settlement with Stagecoach, the Competition Appeal Tribunal revealed on Monday as it said it would consider ordering a "substantial payment to charity" from the unclaimed money.
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July 07, 2025
Paul Hastings Adds Antitrust Pro, DOJ Alum From Paul Weiss
Paul Hastings LLP announced on Monday that it has hired a former Paul Weiss Rifkind Wharton & Garrison LLP lawyer and U.S. Department of Justice alum known for his work on antitrust matters ranging from bet-the-company transactions to high-stakes litigation.
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July 04, 2025
Apple, Sony Lose Appeal Over Litigation-Funding Deals
The Court of Appeal unanimously rejected arguments by Apple, Visa, Mastercard and Sony on Friday that widely-used funding agreements which calculate a funder's fee by a multiple are unenforceable in U.K. class action claims.
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July 04, 2025
BT Denies Withholding Data Cost Eircom £400M Contract
British Telecommunications PLC said that withholding information from Eircom did not cause its Irish counterpart to lose a bid for a public sector contract, as it defended itself Friday at a £67 million ($92 million) damages trial.
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July 03, 2025
Tyson Settles Fight With Chicken Farmers Over Mo. Plant Sale
Tyson Foods has settled its declaratory action against Skaggs Bros & Sons Farms LLC that sought an order finding its sale of a shuttered broiler chicken processing plant to Cal-Maine Foods Inc. last year didn't violate antitrust laws, according to a notice filed in Missouri federal court.
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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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.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.