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Competition

  • May 06, 2025

    Google Says DOJ's Monopoly Fixes Could Reveal 'Essential IP'

    The head of Google's search engine warned a D.C. federal judge Tuesday that the U.S. Department of Justice's proposed data sharing mandates would allow rivals to clone nearly everything that makes up Google, dramatically changing the company's incentives to innovate and pulling away key resources.

  • May 06, 2025

    League Reps Grilled By Senators Over Sports Streaming Deals

    Broadcast executives from three of the four biggest U.S. pro sports leagues answered bipartisan grilling by a Senate committee Tuesday over spiraling costs and scattered availability of games brought on by the increased use of streaming services, insisting that they were improving access and would improve it more in the near future.

  • May 06, 2025

    FTC Commissioner Throws Cold Water On Antitrust Defenses

    Newly minted Federal Trade Commissioner Mark R. Meador criticized several arguments frequently raised in antitrust cases during a speech Monday, including that company breakups are too extreme and that innovation can justify anticompetitive conduct.

  • May 06, 2025

    Tennis Players Push For Cert. In NCAA Prize Money Battle

    College tennis players are again seeking class certification in their lawsuit against the National Collegiate Athletic Association over its prize money restrictions, pushing back on the organization's arguments that the case is too flimsy and anecdotal.

  • May 06, 2025

    Google Calls Proposed Ad Tech Breakup 'Unworkable'

    Google has told a Virginia federal court that fixes being proposed by enforcers in the ad tech monopolization case calling for the sale of its ad exchange and publisher-side tool are legally inappropriate and practically "unworkable."

  • May 06, 2025

    Trade Secrets Emerge As Path For Cos. To Protect AI Works

    Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.

  • May 06, 2025

    Career Morgan Lewis Antitrust Atty Moves To Latham

    An attorney who focuses his practice on the antitrust aspects of mergers and acquisitions, joint ventures and other corporate transactions has moved his practice from Morgan Lewis & Bockius LLP, where he had spent his entire career, to Latham & Watkins LLP.

  • May 06, 2025

    Greenberg Traurig Lands Antitrust Ace From Holland & Knight

    Greenberg Traurig LLP has added an antitrust attorney from Holland & Knight LLP who will serve as global co-chair of its antitrust litigation and competition regulation practice.

  • May 05, 2025

    Apple Hit With Developer Suit After App Store Contempt Order

    Apple has been hit with a developer's proposed class action after a California federal judge last week agreed with Epic Games that the tech giant violated her order prohibiting App Store rules that prevent developers from steering users to alternative payment options.

  • May 05, 2025

    DC Circ. Has Doubts About Narcolepsy Drug Appeal

    The D.C. Circuit is now set to decide whether the U.S. Food and Drug Administration was wrong to declare a rival narcolepsy treatment not the "same drug" as another produced by Jazz Pharmaceuticals Inc., after appearing highly skeptical of the drug company's arguments that it was.

  • May 05, 2025

    Energy Co. Didn't Mess With Costa Rica Deal, Retrial Jury Told

    A South Dakota energy company urged a Denver jury Monday to reject allegations that it interfered with a deal for oil and gas rights on nearly 2.3 million acres in Costa Rica, in a retrial after an appellate panel threw out a $42 million jury award against it.

  • May 05, 2025

    Liquidia Fends Off Indication Challenge In UTC Tyvaso Fight

    A D.C. federal court has rejected United Therapeutics Corp.'s challenge to a U.S. Food and Drug Administration decision allowing Liquidia Technologies Inc. to modify a new drug application to include an additional lung disease indication for a drug competing with UTC's blockbuster lung disease drug Tyvaso.

  • May 05, 2025

    OpenAI Abandons For-Profit Plan After Musk Suit Is Preserved

    OpenAI announced Monday that it was no longer pursuing plans to transition the ChatGPT maker into a for-profit enterprise, changing course just days after a California federal judge refused to throw out the bulk of Elon Musk's suit challenging those plans.

  • May 05, 2025

    Regeneron, Amgen Open Drug 'Bundling' Trial In Del.

    The founder and CEO of Regeneron Inc. told a federal jury in Delaware on Monday that a major pharmacy benefit insurer told him in mid-2020 his company was wasting its time in trying to keep a cholesterol-drug supply contract, with Amgen Inc. offering a better-priced but allegedly anticompetitive multidrug portfolio.

  • May 05, 2025

    Officials Seek More Depo Time In Live Nation Antitrust Suit

    U.S. officials have asked a Manhattan federal court to extend deposition time in a lawsuit accusing Live Nation of anticompetitive practices in ticket sales to live entertainment events, saying they need more hours to seek testimony from several entities and individuals who were recently disclosed in the case.

  • May 05, 2025

    Judge Rejects Media Matters' Bid To Move X's Case

    A Texas federal judge has shot down a bid by watchdog Media Matters for America to transfer X Corp.'s defamation case against it to the Northern District of California, saying Media Matters has waived any contractual right to transfer venues it may have had.

  • May 05, 2025

    Software Co. Sues After Acquisition Of Allstate's EVB Biz

    A software solutions company has sued Allstate Insurance Co. and StanCorp Financial Group Inc. for copyright infringement and breach of contract, telling a California federal court that the insurance giant distributed and reproduced its copyrighted software in violation of a master agreement.

  • May 05, 2025

    Jeld-Wen Tells 4th Circ. No More Need For Factory Sale

    Jeld-Wen Inc. urged the Fourth Circuit to undo a landmark order forcing it to sell a manufacturing plant, saying a divestiture is no longer needed because the rival door maker that sued is no longer at risk of going out of business.

  • May 05, 2025

    Meta Users Refused 9th Circ. Appeal On Data Pay Cert Denial

    A Ninth Circuit panel summarily refused to permit Meta Platforms Inc. users to immediately appeal a district court decision rejecting class certification for their antitrust case alleging the social media giant would have had to pay for their data if it didn't lie about privacy safeguards.

  • May 05, 2025

    Google Ads Advertisers Ask For Class Cert. In MDL

    A group of advertisers in multidistrict litigation accusing Google of violating antitrust law through its control over key ad technology has asked a New York federal court to certify it as a class.

  • May 05, 2025

    FB Exec Saw Messaging Apps As Threat, But Not WhatsApp

    A former top Meta executive for Facebook Messenger and Instagram provided limited backing Monday for Federal Trade Commission allegations the company bought WhatsApp and Instagram to squelch competition, telling a D.C. federal judge that while he saw messaging apps as a real threat, those worries didn't include WhatsApp.

  • May 05, 2025

    Trump Admin Defends Tariff Power In Toy-Makers' Challenge

    President Donald Trump's administration urged a D.C. federal court to deny a request by toy companies to halt global tariffs, arguing the government is authorized to impose trade measures under the International Emergency Economic Powers Act.

  • May 05, 2025

    American Airlines Sues Chicago Over O'Hare Gate Space

    American Airlines said in a lawsuit filed Friday in Illinois federal court that the city of Chicago breached its contract with the airline in reassigning gate space at O'Hare International Airport in a way that favors competitor United Airlines.

  • May 05, 2025

    Agri Stats Wants Judge Recused From DOJ Case

    Agri Stats asked the Minnesota federal judge overseeing the government's case accusing the data firm of helping meat processors exchange sensitive information to recuse himself because one of his law clerks previously worked on the case for one of the state enforcers.

  • May 02, 2025

    Insulin Giants' Antitrust Victory On Shaky Ground At 2nd Circ.

    A major legal triumph for manufacturers of wildly popular medications treating diabetes and obesity suddenly looked precarious Friday at the Second Circuit, where judges sounded open to reviving a proposed class action alleging a multibillion-dollar conspiracy in a controversial drug-discount program.

Expert Analysis

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • Opinion

    DOJ's HPE-Juniper Challenge Is Not Rooted In Law

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    Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • BlackRock Suit Highlights Antitrust Risks Of ESG

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    In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.

  • What Reuters Ruling Means For AI Fair Use And Copyright

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    A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

  • How The AI Antitrust Landscape Might Evolve Under Trump

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    The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy

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    A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    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.

  • Opinion

    US Steel-Nippon Merger Should Not Have Been Blocked

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    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. 

  • Biden-Era M&A Data Shows Continuity, Not Revolution

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    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.

  • What Travis Hill's Vision For FDIC Could Portend For Banks

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    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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