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Competition
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Featured
FTC Commish Says Enforcement Is The Way, Not Regulation
The newest member of the Federal Trade Commission was preaching less regulation and increased enforcement as the path toward a more just and competitive business landscape in the United States at a Senate antitrust subcommittee hearing Tuesday afternoon.
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June 27, 2025
NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials
Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.
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June 26, 2025
Trump DOJ Eyes Algorithmic Collusion, Welcomes 'Little Tech'
Tackling algorithmic pricing collusion in the healthcare and housing markets and welcoming pro-competitive mergers of "Little Tech" are among the U.S. Department of Justice's plans for protecting consumers in today's digital markets, the top deputy for the DOJ's antitrust division told privacy professionals on Thursday.
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June 26, 2025
FTC OKs $1.6B Gas Station Deal, With Divestiture Of 35 Stores
The Federal Trade Commission announced Thursday an agreement resolving antitrust concerns regarding Alimentation Couche-Tard's proposed $1.57 billion acquisition of 270 fuel stations from grocery chain Giant Eagle, requiring the Canadian convenience store company to divest 35 gas stations.
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June 26, 2025
Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit
Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.
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June 26, 2025
Cable Biz Wants Notice Before FCC Waives Top-4 Rule
The cable industry criticized the Federal Communications Commission's handling of a recent waiver of its rule blocking broadcasters from owning more than one top-four TV station in a single market, telling FCC officials they should ask for the public's views before making any exceptions.
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June 26, 2025
Kirkland Stops Repping Novartis After Regeneron Sought DQ
A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma's legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an "unthinkable" conflict of interest by the lawyers, whose firm previously represented Regeneron.
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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.
Editor's Picks
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Google Ad Tech Trial: 15 Days On The Rocket Docket
The Justice Department wrapped an extraordinary antitrust trial last week that left a Virginia federal judge pondering whether Google is even dominant in the display advertising placement technology market or just another player.
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FTC Withdraws From Feds' Merger Review Labor Pact
The Federal Trade Commission is withdrawing from an agreement signed in August with the U.S. Department of Justice, the U.S. Department of Labor and the National Labor Relations Board that's meant to increase collaboration when looking at labor issues in mergers.
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US Antitrust Holds Fast: No 'Environmental Justice' Goals
A top Federal Trade Commission official in her latest address to antitrust lawyers offered little comfort to U.S. companies seeking to collaborate on environmental initiatives.
Expert Analysis
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Colo. Antitrust Law Signals Growing Scrutiny Among States
Colorado's recently enacted Uniform Antitrust Pre-Merger Notification Act makes it the second state to add such a requirement, reflecting a growing trend and underscoring the need for merging parties to plan for a more complex and multilayered notification landscape for deals, say Puja Patel and Noa Gur-Arie at Cleary.