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Competition

  • June 02, 2025

    Fed. Circ. Asks Whether Trade Secrets Were Secret Enough

    The Federal Circuit set out Monday to determine whether an Ohio federal judge was right or wrong to throw out a $64 million jury verdict finding that Goodyear Tire & Rubber Co. stole an inventor's ideas for self-inflating tires because the trade secrets were too vague to have gone to a jury.

  • June 02, 2025

    DOJ Urged To Sue States Over Broadband Rate Caps

    Broadband industry groups want the U.S. Department of Justice to bring suit against California and other states pursuing new caps on internet service rates for low-income households, pointing to myriad harms they say the state laws would inflict on consumers.

  • June 02, 2025

    Amazon Gets A Look At Some Of FTC's Antitrust Suit Theory

    A Washington federal judge said Monday the Federal Trade Commission must hand over some information about the underlying legal theories in its landmark antitrust case against Amazon but mostly agreed with the agency that the company's discovery requests were "premature."

  • June 02, 2025

    Landlord To Quit Pricing Software To Escape Antitrust Suit

    William C. Smith & Co. will be stepping out of litigation accusing the company of using property management platform RealPage to conspire with other landlords and fix the price of rentals in the D.C. area, after agreeing to reform its business practices and shell out over $1 million.

  • June 02, 2025

    White House Asks DC Circ. To Halt Tariff Injunction

    The White House on Monday asked the D.C. Circuit to hit pause on a lower court ruling that found President Donald Trump's tariffs unlawful, arguing the "legally indefensible preliminary injunction" would impede sensitive trade negotiations if left unchecked.

  • June 02, 2025

    Tech Giants Want 6 GHz Shielded From Spectrum Auctions

    As Congress looks to direct the government to sell wide stretches of the airwaves for exclusive commercial use, companies such as Meta, as well as advocacy groups, want lawmakers to continue leaving the upper 6 gigahertz spectrum band alone rather than auctioned to mobile carriers.

  • June 02, 2025

    Monthly Merger Review Snapshot

    The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.

  • June 02, 2025

    SAP Seeks High Court Review Of Revived Tying Claims

    German software giant SAP on Monday asked the U.S. Supreme Court to look at a Ninth Circuit decision that resuscitated tying claims brought by U.S. rival Teradata, saying the issue of antitrust liability badly needs the court's attention in matters relating to modern, technologically integrated products.

  • June 02, 2025

    Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling

    A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.

  • June 02, 2025

    DOJ Deal OKs $1.5B Keysight-Spirent Network Testing Merger

    The U.S. Department of Justice cut its first merger clearance deal of the Trump administration, and nearly its first settlement since a Biden-era hardline stance against most agreements, with a consent decree Monday allowing Keysight Technologies Inc. to proceed with its planned $1.5 billion acquisition of Spirent Communications PLC.

  • June 02, 2025

    Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told

    Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.

  • June 02, 2025

    Judge Denies UTC Bid To Block Liquidia's Lung Drug

    A North Carolina federal judge has refused to temporarily block Liquidia Technologies Inc. from selling its own version of United Therapeutics Corp.'s blockbuster lung disease treatment Tyvaso.

  • June 02, 2025

    Justices Want Gov't View On Duke Energy Monopoly Suit

    The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.

  • June 02, 2025

    Womble Bond Atty Asks 4th Circ. To Undo Contempt Order

    A series of federal court errors led to a Womble Bond Dickinson partner being wrongly held in contempt over a $28 million trademark dispute between a Dutch technology company and its former U.S. partner, the lawyer told the Fourth Circuit in a brief Friday, urging the appeals panel to reverse the order.

  • June 02, 2025

    Class Action Seeks Compensation For High School Athletes

    The yearslong battle for college athletes to earn compensation for their labor and likeness rights has trickled down to the high school ranks, with a new proposed class action targeting a slew of monetary restrictions imposed by California's high school sports governing body.

  • June 02, 2025

    Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI

    In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.

  • June 02, 2025

    EU Hits Two Delivery Firms With €330M Fine For Market Cartel

    The European Commission said Monday that it had slapped two food delivery companies with a total of €329 million ($375.8 million) in fines for operating a cartel for four years in a settlement.

  • May 30, 2025

    'Not Sure It Fits': Google Judge Challenges DOJ AI Boost Idea

    Generative artificial intelligence may be the future of online search, but a D.C. federal judge cast doubt Friday on the Justice Department's bid to force Google to share and syndicate its search results with companies like OpenAI as he mulls what remedies to impose against Google's search monopoly.

  • May 30, 2025

    ITC Ends Ericsson, Motorola Patent Fight After Settlement

    The U.S. International Trade Commission has agreed to drop an investigation into allegations that Motorola infringed patents owned by Swedish telecom giant Ericsson with its mobile phones after the companies settled their dispute.

  • May 30, 2025

    Broadband Rate Regs Hurt Competition, Report Says

    Capping broadband rates for low-income families is a bad idea, according to a new study backed by cable trade group ACA Connects, which found that such caps negatively impacts competition.

  • May 30, 2025

    $5.2M Generic Drug Price-Fixing MDL Deal Gets Final OK

    Apotex Corp. will be paying $5.2 million to settle claims from a class of indirect purchasers alleging the drugmaker was working with other pharmaceutical companies to hike up the price of certain generic medications.

  • May 30, 2025

    'Humongous' Apple Must Face Boosted 186M Antitrust Class

    A California federal judge on Friday granted App Store users' request to amend their class definition in a yearslong antitrust fight against Apple, rejecting Apple's argument that the changes unfairly add millions of new members and noting that the 185.9 million-member class stems from the fact Apple is "humongous."

  • May 30, 2025

    Meta Looks To Nix FTC's Lead Econ Expert After Antitrust Trial

    Meta Platforms asked a D.C. federal judge Friday to strike testimony the Federal Trade Commission's lead economics expert gave during a bench trial in the antitrust case over Meta's purchase of Instagram and WhatsApp, saying the "biased witness" — a New York University School of Law professor — "advocated" for the case.

  • May 30, 2025

    Feds, AGs Scoff At Landlords' Bid To Toss Antitrust Case

    Landlords embroiled in an antitrust suit misconstrued the law and agreements at the heart of the case, the federal government and state enforcers said on Thursday as they urged a North Carolina federal court to reject the landlords' bid to dismiss.

  • May 30, 2025

    Banks, Class Action Admins Ran Kickback Scheme, Suit Says

    A group of class action settlement administrators and banks conspired to rip off settlement class members by offering lower bank interest rates in exchange for kickbacks, according to three identical lawsuits filed in three states.

Expert Analysis

  • Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?

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    New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • How FTC Consumer Protection May Fare Under Reg Freeze

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    Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.

  • Critical Steps For Navigating Intensified OFAC Enforcement

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    The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.

  • Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz

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    Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • Managing Transatlantic Antitrust Investigations And Litigation

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    As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.

  • IP, Licensing, M&A Trends To Watch In Life Sciences This Year

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    2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • FTC Focus: Avoiding 'Gun Jumping' Violations

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Top 10 Healthcare And Life Sciences Issues To Watch In 2025

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    Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.

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