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Competition
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June 06, 2025
OpenAI, Microsoft Say Musk Hasn't Fixed RICO Claims
OpenAI and Microsoft have urged a California federal judge to again trim Elon Musk's lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise, arguing the billionaire and his own artificial intelligence company, xAI, have not made any changes to their previously nixed claims for contract breach and fraudulent enterprise.
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June 06, 2025
Judge Won't Toss 'Patent Ambush' Case Against Clorox, Brita
A Pennsylvania federal judge has shot down a bid from Clorox Co. and its Brita brand to toss an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying the request was premature.
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June 06, 2025
Free Speech Shields Rehab From Permit Suit, Court Says
A Connecticut drug treatment facility does not have to face claims, including unfair trade practices, lodged by a prospective competitor amid a contentious permit battle, a state appellate panel ruled Friday, finding that the state's anti-SLAPP statute is fatal to the case.
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June 06, 2025
European Soccer Org. Under Fire For Stifling 'Super League'
Spain's competition watchdog opened an investigation into European soccer's governing body on Friday, focusing on a series of agreements it struck with top flight clubs to prevent them from joining the so-called Super League project backed by promoter A22 Sports Management.
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June 06, 2025
Top EU Court Urged To OK IP Rates In Czech Hotel Music Row
An adviser to the European Union's top court has held that installing TVs and radios in empty hotel rooms constitutes a "communication to the public" that triggers royalty payments, contradicting a ruling by a Czech watchdog to fine a copyright management organization.
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June 06, 2025
Off The Bench: NASCAR Antitrust Saga, White Sox Transfer
In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.
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June 05, 2025
Poultry Workers Get Final OK On $398M Wage-Fixing Deals
A Maryland federal judge granted final approval Thursday to settlements worth nearly $400 million for poultry processing workers who claimed that the nation's biggest chicken producers conspired to suppress their wages.
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June 05, 2025
Sens. Float Automatic Biosimilar Interchangeable Label
A bipartisan group of U.S. senators has reintroduced legislation that would reduce what the lawmakers called barriers to accessing lower-cost versions of biologic drugs, making an adjustment to how biosimilars are deemed interchangeable with their name-brand equivalents.
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June 05, 2025
$1.36B Home Healthcare Deal Dropped Amid FTC Scrutiny
Healthcare solutions company Owens & Minor said Thursday that it's abandoning its $1.36 billion plan to buy home-based care business Rotech Healthcare Holdings after the Federal Trade Commission's scrutiny proved too much to bear.
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June 05, 2025
Music Lyrics Co. Slams $1B Antitrust Suit Over Warner Deal
Music data company Musixmatch urged a California federal judge to end rival LyricFind Inc.'s $1 billion suit alleging it has a monopoly in the market for providing lyrics to streamers like Spotify after inking an exclusive deal with Warner Music to distribute its titles, arguing Warner is legally allowed to solely license its intellectual property to Musixmatch.
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June 05, 2025
DOJ Says Cross-Border Monopoly Member Deserves 11 Years
The U.S. Department of Justice is seeking 11 years in prison and a $2 million fine for a man who pled guilty to charges tied to the running of a cross-border used-car transport business, which prosecutors say used violence to keep competition at bay.
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June 05, 2025
Juul Beats Distributor's E-Cig Price Discrimination Suit
An Illinois federal judge Wednesday permanently dismissed a price discrimination suit against Juul Labs, finding that a gas station distributor alleging it was given worse terms than a rival on e-cigarette products torpedoed its own case when it removed details of the alleged market from its latest complaint.
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June 05, 2025
DOJ Wants Fix-It-1st Mergers, Not 'Fix-It-2nd'
The U.S. Department of Justice Antitrust Division's top merger official walked a fine line Wednesday between avoiding "a lingering regulatory review tax" on benign transactions and over-confident prognostications that markets will "self-correct" without intervention, and between encouraging companies to address concerns upfront and "shadow" settlements with the government.
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June 05, 2025
La. Track Athlete Latest To Challenge NCAA Eligibility Rules
A graduate student at Southeastern Louisiana University has told a Louisiana federal court that the NCAA should not deny him another year of eligibility in track and field next year, because he is still within his five-year window to compete in four seasons.
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June 05, 2025
DOJ Says NCAA Eligibility Rule May Benefit Student-Athletes
The U.S. Department of Justice is weighing in on the NCAA's eligibility rule, saying it is not asserting a position but asking the court to take a measured approach when considering the preliminary injunction request of a University of Tennessee basketball player.
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June 05, 2025
4th Circ. Stalls Jordan's NASCAR Team During Antitrust Suit
The Fourth Circuit on Thursday threw a caution flag in a much-publicized antitrust suit against NASCAR by vacating an injunction that let two teams — including one co-owned by NBA legend Michael Jordan — keep their charter status while they pursue claims against the league.
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June 04, 2025
Apple Loses Bid To Pause App Store Order Amid Appeal
A Ninth Circuit panel Wednesday refused to lift a lower court's injunction mandating certain App Store policy changes while Apple appeals it, saying that it wasn't "persuaded that a stay is appropriate" in the high-profile litigation brought by Epic Games.
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June 04, 2025
Calif. Won't Get Insulin Pricing Case Sent Back To State Court
The New Jersey federal judge overseeing multidistrict litigation accusing Express Scripts, CVS Caremark and other pharmacy benefit managers of conspiring to fix the prices of insulin on Wednesday refused to ship a case brought by the state of California back to state court.
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June 04, 2025
USPTO Says Study Disproves Pharma Patent Thicket Claims
A U.S. Patent and Trademark Office unit has found that pharmaceutical patent thickets are rare after investigating arguments about their effect on drug pricing, the division's leader said Wednesday as part of a discussion on large patent families.
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June 04, 2025
NC Biz Court Bulletin: TikTok Tussle And Merger Melee
Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.
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June 04, 2025
FIFA Slams Atty's Bid To 'Circumvent' DQ In Puerto Rico Case
A Puerto Rican attorney may not sidestep a disqualification order by dropping his personal claims from an antitrust case against FIFA in which he is both counsel and plaintiff, the organization told a federal judge Wednesday, arguing the lawyer is a "necessary fact witness" and therefore a conflict is unavoidable.
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June 04, 2025
FTC Fights Attys Who Want State Bar Input On Ethics Worries
The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.
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June 04, 2025
SEC Seeks Input On Tightening Perks For Foreign Issuers
The U.S. Securities and Exchange Commission agreed Wednesday to seek public input on whether foreign companies should continue to be granted accommodations to list in the U.S., noting that global markets have changed significantly since such rules were adopted.
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June 04, 2025
Dish Wants Court To Act On T-Mobile Case Discovery Dispute
Dish told an Illinois federal judge it is at an impasse with wireless customer plaintiffs seeking documents in their case against T-Mobile over its 2020 acquisition of Sprint, saying it met with the plaintiffs four times regarding their subpoenas, but the sides have been unable to find a compromise.
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June 04, 2025
Jack Nicklaus' Defamation Suit Can Stay In Fla., Court Says
A Florida appeals court ruled Wednesday that golf legend Jack Nicklaus can keep his defamation lawsuit against Nicklaus Cos. LLC in the state, despite a forum selection clause between the two that designated New York as the required venue.
Expert Analysis
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Opinion
US Steel-Nippon Merger Should Not Have Been Blocked
The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer.Â
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Biden-Era M&A Data Shows Continuity, Not Revolution
While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Exploring China's 1st Administrative Merger Control Ruling
As the first judicial ruling in China's merger control regime, the Beijing ÃÛÌÒÊÓÆµ Court's recent upholding of Simcere's acquisition of Tobishi helps to clarify how the Chinese antitrust authority and court assess remedies, say attorneys at Tian Yuan Law Firm.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Opinion
DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech
A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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A Look At A Possible Corporate Transparency Act Exemption
Attorneys at Kirkland offer a deep dive into the application of the Corporate Transparency Act's reporting requirements specifically to U.S.-domiciled co-issuers in typical collateralized loan obligation transactions, and consider whether such issuers may be able to assert an exemption from the CTA's reporting requirements.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.