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Competition
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June 26, 2025
Juul Faces Possible Revival Of Price Discrimination Suit
A vape wholesaler is urging an Illinois federal judge to reconsider an order ending its lawsuit accusing Juul Labs of giving a rival wholesaler a better deal on e-cigarettes, arguing its failure to explicitly identify the geographic market in which it competed should not have sunk the case.
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June 26, 2025
College Apparel Co. Forever Barred From Using Penn St. TMs
A federal court has permanently barred a Washington-based print-on-demand company from selling merchandise with Pennsylvania State University's name or certain trademarked logos, though it stopped short of banning anything "substantially similar" or making the company pay the school's attorney fees.
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June 26, 2025
UK Investigating Boeing's $4.7B Deal For Spirit Aero
Britain's Competition and Markets Authority on Thursday issued a call for comments about Boeing's planned $4.7 billion deal for aircraft parts maker Spirit AeroSystems to see if the tie-up will reduce competition in the country, joining U.S. enforcers who are already reviewing the deal.
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June 26, 2025
Magistrate Opposes $100M Injunction Against Houston Oil Co.
A Texas magistrate judge said two insurance companies should be denied their request for a preliminary injunction that would require a Houston oil company to turn over more than $100 million in collateral connected to surety bonds.
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June 26, 2025
Judge Tosses Biogen MS Drug Antitrust Suit, For Now
An Illinois federal court tossed a proposed class action accusing Biogen of reducing competition for its multiple sclerosis drug Tecfidera through payments to pharmacy benefit managers, after finding that only some drug pricing lists would have been affected.
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June 26, 2025
Fla. Suit Claims Popeyes Unfairly Targeted Franchisee
A longtime Popeyes franchisee has brought a petition in Florida federal court to halt what he claims are unfair tactics to sell his two stores in Virginia, claiming the restaurant corporation has engaged in a campaign to push him out in favor of a larger, corporate-backed operator.
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June 26, 2025
Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row
A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.
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June 26, 2025
9th Circ. Rejects Amazon's Bid To Claw Back Antitrust Docs
A Ninth Circuit panel has summarily refused to reverse a Washington federal court ruling that rejected Amazon's bid to claw back documents inadvertently produced in a trio of proposed antitrust class actions.
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June 26, 2025
New FCC Republican Names Key Legal Staff
Commissioner Olivia Trusty, who was sworn in this week as the newest member of the Federal Communications Commission, announced the hiring of several top aides Thursday.
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June 26, 2025
Cement And Concrete Cos. Duck Price Fixing Claims
A group of multinational concrete and cement additive companies beat a proposed price-fixing class action Wednesday, as a New York federal judge ruled that the industry-wide price increases that plaintiffs alleged were not made in parallel and varied significantly in their timing and geographic scope.
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June 26, 2025
Microsoft Can Appeal IP Ruling In £270M Antitrust Case
The Competition Appeal Tribunal on Thursday allowed Microsoft to challenge the tribunal's jurisdiction over copyright law issues that arose out of a £270 million ($370 million) antitrust claim against the technology titan.
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June 26, 2025
Court Allows NASCAR To Subpoena Nonparty Financial Docs
A North Carolina federal judge will allow NASCAR to subpoena the financial records of 12 chartered racing teams to defend itself in a lawsuit that accuses the organization of antitrust violations, but left safeguards in place.
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June 26, 2025
Ex-Asphalt Exec Gets 6 Months For $23M Bid-Rigging Scheme
A co-founder and former executive of a Michigan asphalt paving company has been sentenced to six months in prison and fined $500,000 for his role in a bid-rigging conspiracy that earned his company more than $23 million in corrupted jobs, as a Michigan federal judge continued to emphasize the need to deter white collar crime.Â
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June 25, 2025
Security Co. Claims Ex-Exec's Side Biz Stole Guyana Deals
The founder of an Alabama-based perimeter security corporation accused its former chief operating officer of breaching a noncompete agreement, alleging in a Florida state court lawsuit that he formed a rival company to pursue business opportunities in the South American country of Guyana, including a communications deal with SpaceX.
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June 25, 2025
Cigna Says Bristol-Myers Delayed Cancer Drug Generic
Cigna has launched an antitrust suit in New York federal court accusing Bristol-Myers Squibb Co. and its Celgene subsidiary of fraudulently obtaining patents, filing sham litigation and paying off generic-drug makers to maintain a monopoly on their blockbuster blood-cancer drug Pomalyst.
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June 25, 2025
Media Matters' FTC Suit Can't Keep Same Judge As Texas Case
The D.C. federal judge who blocked investigations into Media Matters by the attorneys general of Texas and Missouri won't be taking on the group's latest lawsuit challenging an allegedly similar probe by the Republican-controlled Federal Trade Commission after the judge concluded Wednesday that the FTC case is too different.
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June 25, 2025
Class Certified In Suit Over Oil Market's Historic Price Crash
A Chicago federal judge has certified a class of futures traders who claim Vega Capital London Ltd. and 12 of its traders caused a historic oil crash with an aggressive price manipulation scheme that resulted in oil futures going negative for the first time, saying the plaintiffs have met all the requirements for certification.
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June 25, 2025
Ark., Idaho Push For Jury Trial In Google Ad Tech Case
Arkansas and Idaho are hoping a Texas federal judge will reconsider the decision declaring they don't have a right to a jury trial and, as a result, can't seek civil penalties from Google on their antitrust claims accusing the tech behemoth of manipulating the advertising market.
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June 25, 2025
Team Telecom Gives Its OK To $4.4B T-Mobile, UScellular Deal
T-Mobile's plan to take over most of UScellular's wireless operations in a $4.4 billion deal cleared a regulatory hurdle with approval from the federal group that vets telecom mergers for security concerns.
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June 25, 2025
EU Probing Mars' $36B Deal For Pringles-Maker Kellanova
European competition enforcers said Wednesday they are investigating snack food and candy giant Mars Inc.'s planned $35.9 billion purchase of Cheez-It and Pringles maker Kellanova over concerns the combined company would have too much negotiating power with retailers.
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June 25, 2025
Tennis Players Ponder Adding Grand Slams To Antitrust Suit
A group of professional tennis players accusing the organizers of the sport's largest competitive events of running an illegal "cartel" is considering adding the operators of the four Grand Slam tournaments as defendants in a proposed antitrust class action, but told a New York federal judge it will wait for further talks with them before deciding.
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June 25, 2025
Ad Co. Says Rumble's Boycott Suit Belongs In NY, Not Texas
Media strategy company GroupM Worldwide has asked a Texas federal judge to transfer Rumble's lawsuit accusing the company and others of boycotting the user-generated video platform, arguing that even if the antitrust case survives a pending motion to dismiss, it should be heard in New York.
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June 25, 2025
Missouri Judge Grants $24M Atty Award For Broker Fees Suits
A Missouri federal judge has granted final approval of settlements for two antitrust class actions and awarded roughly $24 million to class counsel representing home sellers who accused multiple real estate brokerages of conspiring to artificially inflate buyer-broker commission fees for home sales.
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June 25, 2025
Spirit Flags Competition Concerns Over United-JetBlue Pact
Spirit Airlines LLC has filed a complaint with federal transportation regulators contending that a recently announced partnership between United Airlines and JetBlue raises issues similar to an alliance between American and JetBlue that was blocked over competition concerns.
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June 25, 2025
Porsche Parts Reseller Seeks Injunction In UK Antitrust Fight
A reseller of parts for premium sports cars urged Britain's antitrust tribunal on Wednesday to compel Porsche to continue to supply it with components pending resolution of a dispute over an alleged reseller ban.
Expert Analysis
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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5 Merger Deal Considerations In Light Of The New HSR Rules
Now that the new Hart-Scott-Rodino Act rules are in effect, current priorities include earlier preparation for merging parties, certain confidentiality covenants, and key elements of letters of intent and term sheets, say attorneys at Fried Frank.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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What FERC Scrutiny Of Directors, Assets Means For Investors
The Federal Energy Regulatory Commission has recently paid dramatically increased attention to appointments of power company directors by investors, and ownership of vertical assets that provide inputs for electric power production and sale — so investors in FERC-regulated entities should be paying more attention to these matters as well, say attorneys at Day Pitney.
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Opinion
Antitrust Analysis In Iowa Pathologist Case Misses The Mark
An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.
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3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap
While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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US Soccer Win Shows Value Of Defining 'Relevant Market'
Despite U.S. Soccer's successful defense against North American Soccer League's antitrust allegations, sports leagues should continue to be mindful of risks posed by hierarchical structures since the New York federal judge in that suit found a triable issue of fact on the relevant markets issue, say attorneys at Debevoise.
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If Elphaba Had Signed A Restrictive Covenant In 'Wicked'
Following the recent big-screen release of "Wicked," employers should consider how the tale might have ended if the Wizard of Oz had made Elphaba sign a restrictive covenant agreement, which would have placed clear limitations on her ability to challenge his regime, says Emily Wajert at Sidley.
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Opinion
2 Errors Limit The Potential Influence Of AI Fair Use Case
The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.