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Competition

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • May 20, 2025

    Investor Seeks Final OK For $41.5M Pilgrim's Pride Settlement

    A proposed class of investors asked a Colorado federal judge for a final sign-off on a $41.5 million settlement with Pilgrim's Pride Corp. to resolve claims they artificially inflated stock prices with a price-fixing scheme targeted at the broiler chicken market, with $13.7 million of the deal going to attorney fees.

  • May 20, 2025

    Ex-NCAA Basketball Players Appealing NIL Denial To 2nd Circ.

    A group of 16 former men's basketball players suing the NCAA for unrealized name, image and likeness compensation filed notice Monday that they plan to appeal to the Second Circuit a New York federal court's decision to toss their lawsuit.

Expert Analysis

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • 4 Ways Slater Is Priming DOJ For Continued Antitrust Success

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    Just as Jonathan Kanter did during his recent tenure leading the U.S. Department of Justice's Antitrust Division, Assistant Attorney General Gail Slater is following the effective blueprint set by Thurman Arnold when he modernized the division more than 80 years ago, says Perry Apelbaum at Kressin Powers.

  • What EU 'Killer Acquisition' Study Means For Pharma Deals

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    The European Commission’s recent study of pharmaceutical companies' acquisitions of emerging competitive threats, the first of its kind globally, has important implications for the industry, and may lead to increased awareness of merger control risks in collaborative agreements, say lawyers at Paul Weiss.

  • Why Texas Should Slow Down On Healthcare Merger Bills

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    More time is needed to study three Texas bills aimed at considering the effects of healthcare consolidation to increase affordability and access to healthcare, which could have the opposite effect, say John Saran and Harshita Rathore at Holland & Knight and Robbie Allen at U.S. Heart and Vascular.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Big Tech M&A Risk Under Trump May Resemble Biden Era

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    Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.

  • Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

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    U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.

  • FTC Focus: Interlocking Directorate Enforcement May Persist

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    Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

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    Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.

  • Evolving Federal Rules Pose Further Obstacles To NY LLC Act

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    Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Mergers Face Steeper Slopes In State Antitrust Reviews

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    The New York Supreme Court's recent summary judgment in New York v. Intermountain Management, blocking the acquisition and shuttering of a ski mountain in the Syracuse area, underscores the growing trend among state antitrust enforcers to scrutinize and challenge anticompetitive conduct under state laws, say attorneys at Robins Kaplan.

  • Opinion

    Int'l Athletes' Wages Should Be On-Campus Employment

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    The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.

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