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Competition

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    CMA Weighs Viagogo Bid To Buy Back IP From StubHub Sale

    The U.K.'s competition watchdog said Friday it has launched a consultation into a request from online ticket reseller Viagogo to reacquire the rights to some non-British domain names and trademarks from its former business StubHub International.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Caterpillar Fails To Bulldoze Challenge To UK Dumping Probe

    A subsidiary of Caterpillar has failed to challenge U.K. government decisions over an anti-dumping investigation, after a London judge ruled Friday that the Texan construction equipment giant's legal challenge had become "plainly academic."

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    J&J Unit's Encryption Tech Stalled Rival, Antitrust Jury Told

    An Innovative Health executive told California federal jurors considering its antitrust claims Thursday that Johnson & Johnson unit Biosense Webster added encryption technology to its catheters to prevent reuse, hindering Innovative's ability to reprocess the catheters and delaying its entry into the market for years. 

  • May 08, 2025

    DC Circ. To Decide If Zero Is Less Than 40 In DCA Slot Fight

    The D.C. Circuit wasn't convinced by the U.S. Department of Transportation's arguments Thursday morning as it worked to convince the panel that the agency hadn't wrongfully excluded Frontier Airlines from new slot exemptions at one of Washington, D.C.'s main airports.

  • May 08, 2025

    Casinos' Market Too Broad In Monopoly Suit, Ill. Judge Hears

    Card shuffler giant Light & Wonder argued Thursday that an Illinois federal judge shouldn't let a group of casinos take the company to trial claiming it used fraud and sham litigation to secure a monopoly because they "cannot, did not and will not" define a relevant market for their case.

  • May 08, 2025

    OCC Axes Biden-Era Bank Merger Rule In Latest Reversal

    The Office of the Comptroller of the Currency moved Thursday to roll back a Biden-era rule intended to dial up its scrutiny of proposed bank mergers, a reversal that comes amid a parallel repeal effort by Republicans in Congress.

  • May 08, 2025

    Instagram Head Says App 'Blends' Friends And Entertainment

    The head of Instagram didn't shy away Thursday from Federal Trade Commission arguments about how Meta functions as a social media platform, testifying in D.C. federal court that sharing with friends and family is a key function, but part of a blended approach also focused on entertainment.

  • May 08, 2025

    Universities Look To End Financial Aid-Fixing Claims

    Elite universities accused of conspiring to limit their financial aid offerings have told an Illinois federal court the undisputed evidence shows they compete vigorously for students, have expanded their financial aid programs and reduced student costs.

  • May 08, 2025

    Ticketmaster Asks Justices To Protect 'Alternative' Arbitration

    Live Nation and Ticketmaster have asked the U.S. Supreme Court to clarify whether a federal law requires courts to enforce only traditional arbitration arrangements Congress envisioned when the law was enacted a century ago, or also "alternative" agreements drafted more recently to process mass arbitration.

  • May 08, 2025

    Fed. Circ. Questions 'Kist' And 'Sunkist' Mark Differences

    The Federal Circuit on Thursday grappled with whether a trademark tribunal relied on enough evidence to conclude that "Kist" and "Sunkist" were dissimilar marks in the soft drink market, questioning if Kist's use of red lips on packaging sent to distributors was enough to distinguish its brand from its competitor.

  • May 08, 2025

    Court Upholds CMA's £99M Thyroid Drug Price Fines

    A U.K. appellate court has not only upheld a finding that drug company Advanz excessively inflated the price of its thyroid tablets for the National Health Service but also reimposed fines against the company's former owner that a lower tribunal had cut by almost a third.

  • May 08, 2025

    No 'Clean Slate' For Samsung After Epic's Win Against Google

    A California federal judge overseeing Epic Games' lawsuit alleging Samsung and Google colluded to dodge an injunction related to Google's Play Store warned the parties on Thursday that he won't completely ignore jury findings in a similar case that Epic won against Google, noting that "we're not writing on a clean slate."

  • May 08, 2025

    Hikma Cuts $50M Deal To End Antitrust Claims In Xyrem MDL

    A certified class of Xyrem buyers in 36 states have asked a California federal judge to preliminarily approve Hikma Pharmaceuticals PLC's $50 million deal to resolve antitrust claims accusing Hikma of colluding with rival Jazz Pharmaceuticals to block generic rivals from competing with Jazz's narcolepsy drug.

  • May 08, 2025

    Apple Asks 9th Circ. To Pause New App Store Injunction

    Apple has asked the Ninth Circuit to pause parts of a California federal court's new injunction mandating changes to its App Store policies, issued after finding Apple violated a previous order, saying the "punitive" measures force it to give away free access to its products.

  • May 08, 2025

    Conn. High Court Snapshot: Rehab Permit And Towing Tiff

    The Connecticut Supreme Court, in its upcoming term, will consider whether an existing substance abuse treatment center has the right to challenge the opening of a competitor nearby, and determine if a murder suspect is owed a new trial over an allegedly botched jury poll.

  • May 08, 2025

    Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod

    Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.

  • May 08, 2025

    Crypto Traders Seek To Revive Part Of £10B Binance Claim

    A group of investors asked the Court of Appeal on Thursday to revive their claims against Binance on the basis that its delisting of a cryptocurrency caused them damage, saying a lower tribunal was wrong to toss out its "loss of chance" argument.

  • May 08, 2025

    EU Moves To Revamp 20-Year-Old Merger Control Rules

    The European Commission called on Thursday for responses to plans to overhaul its 20-year-old merger control rules as it seeks to give weight to innovation, sustainability and security needs when it assesses deals taking place between competitors in the bloc.

  • May 07, 2025

    J&J Unit's Catheter Tying Policy Hurt Rival, Antitrust Jury Told

    Innovative Health's CEO told a California federal jury considering its antitrust claims Wednesday that Johnson & Johnson unit Biosense Webster enforced a policy to cut off support to hospitals that didn't use its catheters after Innovative received FDA approval to reprocess Biosense's electrophysiology catheters, devastating Innovative's business.

  • May 07, 2025

    FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight

    A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.

  • May 07, 2025

    Senate Backs Bid To Scrap Biden-Era OCC Bank Merger Rule

    Senators voted Wednesday to repeal the Office of the Comptroller of the Currency's Biden-era revamp of its bank merger review standards, advancing an effort to undo a rule that banks criticized as creating more complication and uncertainty for their deals.

  • May 07, 2025

    Google Is 'What's Best' For Users, Apple Exec Tells Judge

    A top Apple executive forcibly defended the company's pick for its default search engine Wednesday, telling a D.C. federal judge that Google is the only real option, as the U.S. Justice Department looks to ban Google from paying the iPhone maker and others for default search engine placement.

Expert Analysis

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    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.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    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.

  • US Soccer Win Shows Value Of Defining 'Relevant Market'

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    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.

  • If Elphaba Had Signed A Restrictive Covenant In 'Wicked'

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    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.

  • Opinion

    2 Errors Limit The Potential Influence Of AI Fair Use Case

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    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.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • Opinion

    DOJ's HPE-Juniper Challenge Is Not Rooted In Law

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    Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.

  • How Citizen Petitions Have Affected Drug Competition

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    In light of recent citizen petitions and proposed legislation regulating such petitions, Omar Robles at Managing Health analyzes the statistics of the extent to which citizen petitions have been filed, and to what extent they have delayed competition in prescription pharmaceuticals.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • BlackRock Suit Highlights Antitrust Risks Of ESG

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    In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.

  • What Reuters Ruling Means For AI Fair Use And Copyright

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    A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

  • How The AI Antitrust Landscape Might Evolve Under Trump

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    The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

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