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Competition
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March 12, 2025
Son Of Ex-FIFA VP Avoids Prison In Fraud Case
The son of former FIFA vice president Jack Warner was spared prison time Tuesday, almost 12 years after he pled guilty to falsifying a mortgage application for a Miami condominium and structuring transactions to evade currency reporting requirements.
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March 12, 2025
Live Nation Calls DOJ 'Delay Tactics' Claim 'Groundless'
Live Nation Entertainment assailed the U.S. Department of Justice for claiming "out of the blue" that the company is slow-walking its discovery obligations in the government's New York federal court monopolization suit centered on the 2010 purchase of Ticketmaster.
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March 12, 2025
Final Google Fixes Keep Apple Payments, DOJ Tells DC Circ.
The U.S. Department of Justice doubled down on its arguments against permitting Apple to intervene in the upcoming remedies phase of its Google search monopoly lawsuit, arguing that the newly submitted final version of its sought fixes show Apple would keep getting payments it wants protected.
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March 12, 2025
NCAA Volunteer Coaches Get Class Cert. In Antitrust Fight
A California federal judge on Tuesday certified a class of potentially thousands of former NCAA Division I volunteer coaches who allege the athletic organization's now-repealed bylaw illegally suppressed their wages in violation of antitrust laws, and the judge also refused to exclude the class's damages report by a Princeton University professor.
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March 12, 2025
Kansas Baseball Player Is Latest To End NCAA Eligibility Fight
A former junior-college baseball player seeking to play this season dropped his lawsuit challenging the NCAA's "five-year" eligibility rule, before a Kansas federal court had a chance to rule on his preliminary injunction request.
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March 12, 2025
Boies Schiller Adds Calif. Litigator Experienced In AI Cases
Boies Schiller Flexner LLP is boosting its California team, bringing in a Joseph Saveri Law Firm litigator in San Francisco who brings expertise in navigating cases touching on artificial intelligence, the firm announced this week.
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March 12, 2025
UK Enforcers Double Down On Apple Mobile Browser Worries
A new report from British competition enforcers claims that Apple and Google's dominance in mobile operating systems and browsers limits competition and innovation in the United Kingdom, while encouraging regulators to consider imposing pro-competition requirements on the tech giants.
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March 11, 2025
Telescope Buyers Get Class Certification In Antitrust Dispute
A California federal judge on Monday certified a class of telescope buyers in an antitrust lawsuit saying a syndicate of manufacturers were price-fixing and scheming to monopolize the telescope market, accepting an expert opinion's methods for calculating classwide antitrust damages.
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March 11, 2025
Ex-USPTO Head Can't Be Expert In Walmart IP Fight, Co. Says
A startup suing Walmart over trade secrets connected to shelf-freshness technology wants an Arkansas federal court to block the retailer from retaining former U.S. Patent and Trademark Office Director Kathi Vidal as an expert when the $115 million case moves forward to a retrial.
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March 11, 2025
Conn. Judge Puzzled By Agency's 'Flip-Flop' On Rehab Permit
A Connecticut appellate judge said Tuesday that a state agency's recommendation to reject a residential substance use treatment facility in the town of Kent, followed by its "flip-flop" to approve the plan without any changes to the underlying facts, "truly puzzles me."
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March 11, 2025
Fla. Court Urged To Remove Cigna Claims Processor In MDL
Cigna Healthcare on Tuesday urged a Florida federal court to remove a settlement claims processor in a long-running multidistrict litigation case involving alleged underpaid insurance reimbursements to medical providers, telling a judge that the company has misspent more than $25 million in funds meant for members of a class action within the MDL.
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March 11, 2025
Pharmacies To Appeal In Bid To Keep Making Weight Loss Drug
A group of compounding pharmacies said Monday they would appeal to the Fifth Circuit after a Texas federal judge denied an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug.
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March 11, 2025
Panini Trading Card Antitrust Suit Largely Beats Dismissal
A New York federal judge largely refused to dismiss Panini's antitrust suit accusing Fanatics of locking up the sports trading card market by entering decadeslong exclusive agreements with the NFL, NBA and MLB, while also culling large chunks of Fanatics' unfair competition and bad-faith negotiations countersuit.
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March 11, 2025
Hospital Orgs. Say MultiPlan Must Not Duck Price-Fix Claims
Hundreds of American hospitals are "on the brink of collapse" and letting MultiPlan and a host of insurers who have been accused of conspiring to underpay out-of-network providers off the hook will not improve matters, two groups that represent thousands of hospitals have told the court.
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March 11, 2025
Senate Confirms Gail Slater To Lead DOJ Antitrust
The Senate voted 78-19 on Tuesday to confirm Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice.
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March 11, 2025
6th Circ. Won't Revisit FCC's Tanked Net Neutrality Rules
The Sixth Circuit on Tuesday turned down a bid by public interest groups for a full-court rehearing of January's decision to overturn the Federal Communications Commission's net neutrality rules.
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March 11, 2025
DOJ, Wayne-Sanderson Spar Over Data Sharing Deal
The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.
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March 11, 2025
Lego Competitor Asks 2nd Circ. To Allow Figurine Sales
A Lego competitor on Tuesday urged a Second Circuit panel to reverse a Connecticut district judge's order blocking the sale of figurines designed to fit into the toy company's signature interlocking play system, arguing the threadbare directive improperly modified a prior injunction.
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March 11, 2025
FTC Defends Southern Glazer's Pricing Case
The Federal Trade Commission is defending its price discrimination case against alcohol distributor Southern Glazer's, telling a California federal judge Monday that the company's move to dismiss the suit "misapprehends applicable case law, ignores key allegations, and overstates the factual detail required of the pleading standard."
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March 11, 2025
DOJ's RealPage Antitrust Case Gets New Judge
The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.
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March 11, 2025
FERC Can't Defend Its Enforcement Powers, Energy Co. Says
An energy efficiency aggregator insists that the Federal Energy Regulatory Commission doesn't have the authority to pursue a market manipulation case against it, telling a North Carolina federal judge that just because it can contest a penalty in court doesn't mean its constitutional rights haven't been violated.
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March 11, 2025
CMA's Big Tech Enforcement To Focus On UK Impact
An official for the Competition and Markets Authority said the agency will focus enforcement efforts against technology companies on issues that have a local impact in the United Kingdom and is less likely to act on issues already being addressed by other authorities.
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March 11, 2025
Couche-Tard Knocks 7-Eleven Strategy In Push For Takeover
Alimentation Couche-Tard Inc. is doubling down on its commitment to acquire 7-Eleven parent company Seven & i Holdings Co., criticizing the Japanese retail giant's latest strategic plans for a U.S. IPO and its "limited" engagement on Couche-Tard's buyout efforts.
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March 11, 2025
Trump Admin Drops Suit Over COVID Nasal Spray Ads Claims
The U.S. Department of Justice quietly moved Monday to drop a Utah federal court lawsuit filed on behalf of the Federal Trade Commission accusing a sinus nasal spray company of falsely claiming its products could help prevent and treat COVID-19.
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March 11, 2025
Sullivan & Cromwell Hires Ex-FTC Deputy Director In Palo Alto
Sullivan & Cromwell LLP announced Tuesday the hiring of a former deputy director of the Federal Trade Commission's Bureau of Competition as a partner in its Palo Alto, California, office.
Expert Analysis
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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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.