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Competition
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May 14, 2025
NFL Blows Whistle On 'Brazen' Antitrust Suit Over Bluesky
The NFL has asked a New York federal court to toss an antitrust lawsuit filed by two fans accusing the organization of unlawfully keeping its teams off emerging social media platform Bluesky, saying the law does not give customers a right to consume content on their specific websites of choice.
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May 14, 2025
Walmart Hit With $223M Verdict In Trade Secrets Fight
An Arkansas federal jury has awarded Zest Labs Inc. nearly $223 million in a suit that had accused Walmart of swiping the startup's trade secrets related to shelf-freshness technology.
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May 14, 2025
Aviva's £3.7B Deal To Buy Direct Line Gets UK Investigation
Britain's antitrust watchdog said Wednesday that it is investigating Aviva's proposed £3.7 billion ($4.9 billion) cash and stock acquisition of rival insurer Direct Line, saying it has concerns about competition.
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May 13, 2025
X Says Elon Musk Can't Sit For Media Matters Deposition
X Corp. told a Texas federal judge that left-leaning watchdog Media Matters for America cannot make billionaire CEO Elon Musk sit for a deposition in X's disparagement suit, saying Musk lacks specific knowledge about the case and is "one of the busiest men on the planet."
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May 13, 2025
DOJ Antitrust Deputy Says Gov't 'Out-Lawyered' Google
The deputy head of the U.S. Justice Department's Antitrust Division took a victory lap Tuesday after dual monopolization wins over Google's search and advertising technology businesses, citing the cases as proof that the government's attorneys can win in a "David versus Goliath" battle.
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May 13, 2025
FTC Remains Concerned With Merger 'Underenforcement'
A Federal Trade Commission official emphasized Tuesday that Trump administration merger enforcers are worried about taking insufficient action against tie-ups, as they stand by Biden-era guidelines meant to enshrine a more aggressive tack against corporate concentration.
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May 13, 2025
Google Spars With AGs Over Impact Of DOJ Ad Tech Ruling
Google is telling a Texas federal judge that its recent ad tech trial loss to the U.S. Department of Justice in the Eastern District of Virginia should have no bearing on the similar case brought in Texas by state attorneys general because the Virginia ruling is not yet final.
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May 13, 2025
Ski Resort Owner Offers Alternative Fixes After Antitrust Loss
A New York ski resort operator is offering alternative remedies for a state court to consider after it found the owner violated antitrust law by acquiring a rival ski operation and shutting it down, despite a call from enforcers for a sale of the property to another operator.
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May 13, 2025
Regeneron-Amgen Drug Bundling Trial Heads Toward Jury
An economics expert called by Amgen Inc. told a Delaware federal jury Tuesday that none of the company's deals to bundle other discounted major medications with its cholesterol-reducing drug Repatha foreclosed market competition, a day before jurors begin deliberating on an antitrust suit targeting the practice.
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May 13, 2025
Grocery Giants Fight Washington's 'Redundant' $32.4M Fee Bid
Kroger and Albertsons are fighting a bid by Washington's attorney general to recover a record $32.4 million in legal fees for winning a lawsuit to block a $24.6 billion merger of the grocery giants, saying that the state's "go-it-alone" litigation was unnecessary and wasteful because of parallel antitrust action by the Federal Trade Commission.
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May 13, 2025
State Farm's Emergency Rate Hike Request Approved In Calif.
California Insurance Commissioner Ricardo Lara announced Tuesday that he had adopted a judge's recommendation to approve State Farm General Insurance Co.'s request for an emergency rate increase for property insurance in the state, following January wildfires that have already cost California insurers $12.1 billion.
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May 13, 2025
Pa. Justices Question Ruling Over Verizon's Utility Pole Rents
Some justices on Pennsylvania's Supreme Court questioned Tuesday whether the state's Public Utility Commission skipped steps in declaring that electrical utility FirstEnergy was charging Verizon "unjust and unreasonable" rates to rent space on utility poles, since the decision appeared to rest mainly on federal price limits the state had adopted.
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May 13, 2025
Senate Dems Say Paramount Deal Needs Full FCC Vote
Two Democratic senators called Tuesday for a full Federal Communications Commission vote on the tie-up of Paramount and Skydance Media to avoid even the "appearance of impropriety" from the deal gaining approval amid President Donald Trump's suit against Paramount's CBS.
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May 13, 2025
NCAA Angles To Keep Baseball Player's Eligibility In Check
The NCAA has told a Tennessee federal court it should not reconsider overruling the organization's denial of a waiver that would have given a Division I baseball player another year of eligibility while the athlete pursues an antitrust lawsuit challenging its rules for junior college transfers.
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May 13, 2025
PBMs Get Bipartisan Bashing At Hearing On Drug Costs
Senators across party lines slammed pharmacy benefit managers on Tuesday, sometimes in coarse language, as they wrestled with how to reduce drug prices for patients while also preventing the closure of rural pharmacies.
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May 13, 2025
FTC To Keep Focus On Key Sectors, Address Personal Liberty
The head of the Federal Trade Commission's Bureau of Competition said Tuesday the agency will remain focused on healthcare, technology and labor issues as enforcers also work to ensure corporate power does not infringe on personal liberties.
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May 13, 2025
Berkshire Unit Loses Bid To Transfer Commission Fee Suit
A Berkshire Hathaway unit and a full-service real estate company cannot transfer a proposed class action accusing real estate brokers of conspiring to inflate commissions for home sales out of Missouri federal court, the presiding judge has ruled.
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May 13, 2025
Express Scripts, FTC Say Defamation Suit 'Should Proceed'
The Federal Trade Commission's new Republican leadership is ready to defend against an Express Scripts defamation lawsuit targeting an agency report excoriating it and other pharmacy benefit managers for allegedly inflating drug costs, the agency and the PBM told a Missouri federal judge Monday.
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May 12, 2025
Missouri Hit With Sanctions In Generics Price-Fixing Fight
A Connecticut federal judge Monday agreed to sanction and potentially dismiss for good the state of Missouri from antitrust litigation by state enforcers accusing generic-drug makers of conspiring to raise drug prices, finding Missouri violated a court order by ignoring the drugmakers' repeated discovery requests.
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May 12, 2025
GOP Sens. Urge FCC To Overhaul Media Ownership Regs
Almost two dozen Republican senators have asked the Federal Communications Commission to "modernize the FCC's broadcast ownership rules," loosening regulations to allow "local broadcasters to compete with today's media giants."
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May 12, 2025
UTC Again Seeks To Stave Off Lung Drug Competitor In IP Suit
United Therapeutics Corp. has lodged another challenge trying to block Liquidia Technologies Inc. from selling its own version of the blockbuster lung disease treatment Tyvaso, filing a patent infringement suit in North Carolina federal court.
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May 12, 2025
AGs Call Sandoz Deal's Consumer-Side Benefits 'Illusory'
Dozens of state attorneys general asked a Pennsylvania federal judge to permit intervention into a $275 million settlement resolving generic-drug price-fixing claims from end-payor plaintiffs against Sandoz, arguing the deal threatens relief for consumers and warning that the agreement favors insurers over individuals.
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May 12, 2025
Cardholders Can't Revive Visa, Mastercard Swipe Fee Suit
A New York federal judge on Monday declined cardholders' bid to revive their interchange fee suit against Visa, Mastercard and major banks, saying they failed to show that they were directly harmed by an alleged swipe fee price-fixing conspiracy.
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May 12, 2025
More Than Defaults: Google Judge Mulls AI, Search, Browsers
A D.C. federal judge has three weeks to figure out the last questions he'll ask the U.S. Department of Justice and Google before laying out search monopolization remedies that could help shape the way consumers search, browse and use artificial intelligence.
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May 12, 2025
No One Can Challenge Rehab Permit Deal, Conn. Tells Court
No one is aggrieved by a Connecticut agency settlement that granted a conditional approval to the operator of a substance abuse treatment facility, so no one can challenge it in court, the state attorney general's office argued Monday before the Connecticut Supreme Court.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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2025's Midmarket M&A Terrain May Hold A Few Bright Spots
Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Executive Orders That Could Affect Financial Services In 2025
The incoming Trump administration is likely to quickly revive or update a number of prior executive orders, and possibly issue new ones, that could affect financial services by emphasizing market discipline rather than regulatory initiatives to drive change in the industry, say attorneys at Davis Wright.
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How New Merger Filing Rules Will Affect Economic Advocacy
New rules from the antitrust agencies significantly change the Hart-Scott-Rodino premerger notification process and will necessitate rigorous economic analysis earlier in the merging process as the information provided in the filings reflects important antitrust considerations, says Andrea Asoni at Charles River.