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Competition
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May 29, 2025
Amazon Says Class Too Complex To Certify In Antitrust Suit
Amazon has told a Washington federal judge in a newly unsealed filing that a proposed class of nearly 300 million customers would be far too unwieldy for certification and defining the market in a suit accusing the company of inflating prices of items sold on its platform.
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May 29, 2025
JetBlue Fights American's NEA Suit, Pivots To United Deal
JetBlue has told a Texas federal judge that American Airlines' lawsuit seeking to recover $1 million in alleged unpaid payments related to their now-scrapped codeshare agreement covering New York and Boston is preempted by federal law and potentially conflicts with a Massachusetts federal judge's antitrust ruling.
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May 29, 2025
Judge Challenges Visa's Bid To Dismiss DOJ Antitrust Suit
A New York federal judge on Thursday questioned whether Visa Inc. is inappropriately raising factual disputes in its motion to dismiss U.S. Justice Department claims that the company has illegally maintained a monopoly in the market for debit card networks.
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May 29, 2025
DC Court Blocks Trump's Tariffs As Overreach Of Power
The International Emergency Economic Powers Act does not empower the president to impose tariffs, the D.C. federal district court said Thursday, ruling that President Donald Trump's global levies are unlawful and barring his administration from enforcing them on two toymakers who challenged the policies.
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May 29, 2025
Ex-United Therapeutics Exec Can't Dodge IP Suit
A former United Therapeutics Corp. executive lost his bid to toss his former employer's suit alleging he used stolen intellectual property to develop a lung disease drug for a competitor, with the North Carolina Business Court ruling that it was too soon to determine if the complaint was untimely.
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May 29, 2025
11th Circ. Won't Revive Antitrust Claims Against Suns Owner
The Eleventh Circuit isn't going to touch a lower court order that tossed an antitrust case against the owner of the NBA's Phoenix Suns and his company, United Wholesale Mortgage LLC, over an alleged boycott.
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May 29, 2025
Deere Says No Monopoly, Seeks End Of Right-To-Repair Suit
Deere & Co. is pushing to end a suit from the Federal Trade Commission and five states alleging it violated the Sherman Act by restricting access to its repair tools and services, saying it doesn't participate in the repair market so it can't have a monopoly.
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May 28, 2025
5-Hour Energy Price Discrimination Suit Falls Short Again
A California federal judge ruled Wednesday that family-owned wholesalers proved competition with Costco in their price-discrimination suit against the maker of 5-Hour Energy and that the energy "shot" company offered Costco disproportionate promotions, but the wholesalers did not prove that this discrimination caused them antitrust injury.
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May 28, 2025
EchoStar Says FCC Should Not Question Buildout Extension
Echostar Corp. says the FCC has created a "dark cloud of uncertainty" by opening the door to comments about whether the agency should have given the company an extension on its deadline for building a broadband service using spectrum it acquired for its open RAN network plan.
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May 28, 2025
Agency Says Klehr Harrison Testimony Allowed In NFL Case
A sports management company on Wednesday argued that a Pennsylvania federal court's previous sanction orders permit the testimony it is seeking from two Klehr Harrison Harvey Branzburg LLP attorneys who represented defendants in a lawsuit over an alleged attempt to poach former Detroit Lions wide receiver Kenny Golladay as a client.
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May 28, 2025
Fla. Judge Told Pharma Co. Rival Also Stole Trade Secrets
A Florida federal judge on Wednesday denied an India-based pharmaceutical company's bid to reject a competitor's defense against a lawsuit alleging trade secrets theft by claiming its accuser is responsible for the same conduct, expressing doubt whether she can rule on such an issue.
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May 28, 2025
FTC Orders Divestitures Before $35B Synopsys-Ansys Merger
The Federal Trade Commission said Wednesday that software companies Synopsys and Ansys will be required to divest certain assets, including Synopsys' optical software tools and Ansys' power consumption analysis tool, in order to move forward with their planned $35 billion merger.
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May 28, 2025
FCC Urged To Reject Waiver For Alaska Plan Mapping
The Federal Communications Commission ought not lower its standards for telecoms hoping to receive federal dollars in order to bring high-speed internet to Alaska, according to a trade group, who is arguing the end result would simply be worse service for Alaskans.
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May 28, 2025
3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case
The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.
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May 28, 2025
Drugmaker LIVation Fights Novo Nordisk's Trademark Claims
A Connecticut company, accused by Novo Nordisk Inc. of breaking trademark and unfair trade practices laws by comparing its compounded drugs to Ozempic, says it has taken down online posts the pharma giant challenged in April, claiming Novo Nordisk can no longer prove ongoing harm.
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May 28, 2025
7th Circ. Skeptical That NCAA Eligibility Rules Restrain Trade
The Seventh Circuit on Wednesday appeared to raise doubts over a lower court's decision granting a University of Wisconsin football player another year of eligibility, questioning his claim that the National Collegiate Athletic Association's five-year rule restrains competition in violation of federal antitrust laws.
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May 28, 2025
Distiller Denied New Shot At Wash. State Alcohol Sales Regs
A federal judge in Washington state gave short shrift to a bid for reconsideration from a New York distillery and two Washington whiskey drinkers who lost their challenge to the Washington state liquor board's rules requiring a physical in-state presence to sell online.
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
Feds Urge Supreme Court To Let 10th Circ. PBM Ruling Stand
The federal government urged the U.S. Supreme Court not to take up the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits and healthcare laws, arguing the case doesn't warrant further review from the justices.
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May 28, 2025
Security Exec Gets $20K Fine For Rigging DOD Contracts
A former executive with a Belgian security company pled guilty to antitrust violations Wednesday in D.C. federal court, receiving a sentence of probation and a $20,000 fine for conspiring with rivals to rig bids for U.S. Department of Defense contracts in Belgium.
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May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction
The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
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May 28, 2025
DOJ Gets Some Discovery Seeking HPE-Juniper Witness Bias
A California federal magistrate judge granted the U.S. Department of Justice only limited discovery Tuesday as it looks for potential "bias" from an industry analyst Hewlett Packard Enterprise may call in defense of its planned $14 billion purchase of Juniper Networks Inc.
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May 28, 2025
DOJ Tells Justices American Airlines Can't Renew JetBlue Pact
The federal government told the U.S. Supreme Court that the First Circuit correctly determined that American Airlines failed to prove at trial that its codeshare agreement with JetBlue in Boston and New York had procompetitive benefits, and the carrier's attempt to revive the alliance is moot anyway.
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May 28, 2025
Anesthesiology Co. Urges Dismissal Of Antitrust Class Action
U.S. Anesthesia Partners told a Houston judge that a patient leading a proposed class action accusing it of monopolizing the Texas anesthesia market doesn't have a valid claim because his insurance company chose how much he paid for services.
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May 28, 2025
China Can't Duck PPE Hoarding Claims By Fla. Medical Pros
A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.
Expert Analysis
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Poetic Justice? Drake's 'Not Like Us' Suit May Alter Music Biz
Drake v. Universal Music Group, over Kendrick Lamar's diss track "Not Like Us," represents a pivotal moment in the intersection of music, law and corporate accountability, raising questions about the role of record labels in shaping artist rivalries and the limits of free speech, says Enrico Trevisani at Michelman & Robinson.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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IP, Licensing, M&A Trends To Watch In Life Sciences This Year
2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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FTC Focus: Avoiding 'Gun Jumping' Violations
The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.