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Competition
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May 22, 2025
Cities Say They Fixed Bid To Divest Axon Police Camera Buy
A trio of local governments urged a New Jersey federal judge Wednesday not to tee up an attack on their bid to force Axon Enterprise Inc. to divest a police body camera company whose purchase they say helped it monopolize the market, arguing they've fixed failings from an earlier complaint.
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May 22, 2025
Fla. Can't End Tech Groups' Challenge To Social Media Law
A Florida federal judge on Thursday denied the state's motion to dismiss a complaint brought by technology groups challenging a Florida law restricting social media companies from blocking political candidates, ruling that the plaintiffs have standing to sue on behalf of their members.
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May 22, 2025
EpiPen Direct Buyers, Mylan Get Final OK On Antitrust Deal
Mylan Pharmaceuticals' $73.5 million settlement with a class of direct EpiPen buyers has received final approval from a Kansas federal judge, closing out claims from institutional drug resellers that Mylan worked with Pfizer to forestall an EpiPen generic from hitting the market and artificially inflating prices for the emergency injectable.
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May 22, 2025
Sutter Health's $228.5M Antitrust Deal Gets Initial OK
A California federal judge on Thursday preliminarily approved Sutter Health's $228.5 million deal settling a 13-year case over claims the hospital chain boosted costs by pushing all-or-nothing networks on insurers, saying that after a trial and a Ninth Circuit reversal, "it's nice that we didn't have to try this case twice."
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May 22, 2025
NCAA Pushes Back On U. Of Montana Athlete's Eligibility Bid
College sports' "five-year rule" capping how long an athlete can play their sport at four years doesn't violate antitrust law or unfairly deny a University of Montana basketball player a chance to both play and earn name, image and likeness compensation, the NCAA argued in opposing that player's bid for an injunction allowing him to play next season.
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May 22, 2025
Federal Gov't Backs States' BlackRock Coal Investments Suit
The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.
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May 22, 2025
Coalition Backs Calif. Tribe's Fight Over $700M Casino Project
A coalition of tribes weighed in on a dispute over the federal government's decision to rescind gambling eligibility for the Scotts Valley Band of Pomo Indians' $700 million casino project, questioning the federal government's perceived acquiescence to pushback from other tribes.
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May 22, 2025
GOP FTC Drops Dems' Pepsi Price Discrimination Suit
The Republican-controlled Federal Trade Commission on Thursday dropped one of the last cases approved by agency Democrats before they handed over the gavel, abandoning a New York federal court complaint accusing Pepsi of giving a big box retailer better terms and promotional payments than smaller competitors.
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May 21, 2025
FTC Urges 8th Circ. Not To Pause In-House PBM Case
The Eighth Circuit should once again say no to a request to pause the Federal Trade Commission's in-house case accusing three pharmacy benefit managers of hiking up the price of insulin to line their own pockets, the agency has told the appellate court.
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May 21, 2025
Verizon Looks To Break Free Of TracFone Unlocking Condition
Verizon is once again asking the Federal Communications Commission to let it out of a condition from its takeover of TracFone requiring the carrier to unlock its mobile phones after 60 days.
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May 21, 2025
9th Circ. Judge Asks If Apple's Watch Updates 'Ice Out' Rivals
Two Ninth Circuit judges appeared skeptical Wednesday of Apple Inc.'s arguments against reviving an antitrust suit brought by medical monitoring startup AliveCor Inc. after Apple blocked third-party access to medical data on the Apple Watch, with one judge asking rhetorically whether a "marginal" improvement by Apple could actually be a way to "ice out" competition.
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May 21, 2025
Tennis Groups Serve Up Bids To Nix Players' Antitrust Claims
The international governing bodies for tennis are looking to escape a proposed antitrust class action filed by players who have accused them of operating as a "cartel," arguing in a series of briefs submitted to a New York federal court that the claims should be tossed, transferred or arbitrated.
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May 21, 2025
Google Gets Rumble's Video-Sharing Antitrust Case Tossed
A California federal court on Wednesday agreed with Google that Rumble waited too long to file an antitrust case accusing the tech giant of rigging search results to favor its YouTube unit over the rival video-sharing site.
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May 21, 2025
GOP FTC Renews Calls For Orange Book Patent Delistings
The now-Republican controlled Federal Trade Commission again called on Teva, Novartis, Mylan and other drugmakers to remove patents from a key federal database that partially insulates their drugs from generic competition, arguing Wednesday the patents cover "devices," not drugs, and thus don't warrant such protection.
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May 21, 2025
Courts Can't Review Trump's Tariff Emergencies, Gov't Says
Courts can't review President Donald Trump's decision that unusual or extraordinary threats exist under the International Emergency Economic Powers Act, a government attorney told the U.S. Court of International Trade on Wednesday as 12 states seek to block Trump's tariffs under the law.
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May 21, 2025
American Tells United To Butt Out Of O'Hare Gate Dispute
American Airlines has urged an Illinois federal court to not allow rival carrier United to intervene in its lawsuit alleging the city of Chicago breached its contract with the airline by reassigning gate space at O'Hare International Airport, arguing its competitor has no right to wade into a case concerning "a lease to which it is not a party and which grants it no rights or benefits."
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May 21, 2025
FCC's Carr Clashes With Dems Over Verizon DEI Deal
Congressional Democrats grilled the Federal Communications Commission's chief Wednesday about the legal basis for targeting diversity, equity and inclusion programs at Verizon, days after the wireless giant agreed to drop DEI initiatives amid its takeover of Frontier Communications.
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May 21, 2025
Basketball Player's Suit Challenges NCAA's 4-Year Rule
Athletes should be able to compete in all five years in an eligibility window created by the National Collegiate Athletic Association, not just four, a University of Tennessee basketball player has argued in an antitrust suit challenging college sports' longtime playing limit.
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May 21, 2025
Phone Operators Deny Collusion In Phones 4u Appeal
Major mobile phone operators urged an appeals court on Wednesday to uphold a finding clearing them of engaging in anticompetitive conduct in order to drive retailer Phones 4u out of business.
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May 21, 2025
Court Won't Budge On Player's Eligibility Until 6th Circ. Acts
A Tennessee federal judge on Wednesday refused to reconsider a University of Tennessee baseball player's request for an injunction that would pause the NCAA's eligibility restrictions on junior college transfers, saying he will have to wait for a Sixth Circuit decision in a similar antitrust lawsuit.
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May 21, 2025
Apple Lets Fortnite Back In App Store As Appeal Pends
Apple has allowed Epic Games to put its popular Fortnite video game back in the App Store, while the sides await a ruling on Apple's bid to pause an injunction mandating additional changes to its policies issued after the court found it had violated a previous order.
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May 21, 2025
Distributor Can't Duck Revised Crab Price-Fixing Suit
A California federal magistrate judge added Ocean King Fish Inc. to a list of more than a dozen distributors that must face a proposed class action from crabbers alleging a conspiracy to cap prices paid to fishermen for Dungeness crab in the Pacific Northwest.
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May 20, 2025
FDIC Nixes Biden-Era Merger Rules As House Passes OCC Bill
The Federal Deposit Insurance Corp. on Tuesday finalized the repeal of stricter bank merger guidelines adopted last year, pulling them back the same day as the U.S. House moved to nullify the Office of the Comptroller of the Currency's Biden-era merger policy rewrite.
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May 20, 2025
High Court Precedent Blocks FTC Commish Firings, Judge Told
A pair of recently fired Federal Trade Commission members sparred with the administration in D.C. federal court on Tuesday, with the judge raising questions about which Supreme Court precedent really holds in this dispute.
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May 20, 2025
Keurig Says Google Ruling Doesn't Back Antitrust Claims
Keurig coffee pod buyers who have accused the company of anticompetitive behavior mischaracterized a recent court ruling in an antitrust case against Google to make their own case look better, the company has told the New York federal court overseeing the long-running litigation.
Expert Analysis
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Ruling Pits EU Competition Law Against Arbitral Awards
The Madrid High Court's referral order to the Court of Justice of the European Union in a recent contractual dispute case squarely confronts the question of whether national systems may lawfully immunize arbitrators from meaningful scrutiny when they fail to apply binding EU competition law, says Josep Galvez at 4-5 Gray's Inn.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.