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Competition
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March 07, 2025
Ohio, PBMs Say High Court Ruling Didn't End Pricing Appeal
Ohio state enforcers have told the Sixth Circuit an appeal in their case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices was not resolved by a U.S. Supreme Court decision dealing with federal versus state jurisdiction.
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March 07, 2025
New Bellwethers Score Cert. In Generic Drug Price-Fixing MDL
The Pennsylvania federal court overseeing sprawling multidistrict litigation springing from claims that pharmaceutical giants worked together to hike the cost of off-brand drugs has certified several sets of classes for the cases for the MDL's latest bellwethers.
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March 07, 2025
Google Says Special Master Can't Make Ad Tech Trial Calls
Google is opposing a bid in Texas federal court from state enforcers accusing the company of monopolizing key digital advertising technology to have a special master make decisions about what evidence will be admitted during trial.
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March 07, 2025
4th Circ. Set To Consider NASCAR Antitrust Injunction In May
The Fourth Circuit will hear arguments on May 9 as to whether NASCAR should be extricated from an injunction forcing it to offer charter contracts to two teams — including one co-owned by former NBA star Michael Jordan — that have accused the league of antitrust violations.
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March 07, 2025
CPKC Rail Merger Enviro Review Needs Redo, DC Circ. Told
A group of Illinois towns told the D.C. Circuit on Friday that federal regulators relied on flawed train traffic data to approve Canadian Pacific's $31 billion merger with Kansas City Southern, failing to account for significant public safety and environmental harms to Windy City communities.
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March 07, 2025
MGM Scraps Suit After FTC Withdraws Cybersecurity Probe
MGM Resorts International on Friday dismissed its D.C. federal court lawsuit against the Federal Trade Commission after the agency dropped its investigation into the hospitality giant's data security practices.
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March 07, 2025
Tulane Panel Clashes Over Activist Investor Motivations
There's no debate that activist investor campaigns have increasingly taken aim at CEOs, but attorneys on a Friday panel at the annual Tulane Corporate Law Institute were sometimes at odds on the activists' motivations.
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March 07, 2025
Atty Fights $190K Demand After Malicious Litigation Trial Loss
A lawyer who recently lost her malicious prosecution lawsuit against three Blank Rome attorneys and an aviation parts company is fighting their demand that she pay $190,000 in costs stemming from the litigation, arguing the amount is excessive and otherwise unrecoverable.
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March 07, 2025
Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins
In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.
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March 07, 2025
£800M Pollution Class Action Against Water Cos. Rejected
The U.K.'s competition court on Friday threw out an £800 million ($1 billion) proposed class action against several water companies over their alleged failure to report pollution, concluding that the case was excluded by legislation governing the water businesses.
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March 07, 2025
Former FTC Deputy Director Joins White & Case
A former senior official in the Federal Trade Commission's competition group, who helped oversee the agency's healthcare-related anticompetitive enforcement, has joined the antitrust team at White & Case LLP, the firm recently announced.
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March 06, 2025
Ex-GMU Prof Ends Defamation Suit Against Former Students
Former George Mason University Law professor Joshua Wright has ended his $108 million defamation lawsuit against two former students who accused him of sexual misconduct, dropping the suit late Thursday just four days before a jury trial in the case was set to begin.
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March 06, 2025
Amid Court Setbacks, Trump Wants Foes To Foot Legal Bills
With judges hitting the brakes on the White House's aggressive agenda, President Donald Trump on Thursday vowed to up the ante with his legal adversaries by seeking legal costs and damages if his administration ultimately prevails after initial setbacks in litigation.
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March 06, 2025
Ariz. Firm Urges Justices To Hear Suit Over Ad Search Terms
A Phoenix personal injury firm is going to the U.S. Supreme Court after losing its trademark lawsuit over Google advertising search terms, warning the justices that a rival's online "bait and switch" advertising tactics have "confused hundreds, if not thousands, of potential clients."
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March 06, 2025
State AGs Want Fees In Kroger Wash., Ore. Merger Cases
A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."
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March 06, 2025
9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case
A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."
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March 06, 2025
FTC Challenges PE Firm's Medical Device Coatings Deal
The Federal Trade Commission moved Thursday to block private equity firm GTCR BC Holdings LLC's planned $627 million acquisition of Surmodics Inc. over concerns about competition for medical device coatings.
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March 06, 2025
Dems Tell DOJ Musk May Be Strong-Arming X Advertisers
Democratic lawmakers led by Sens. Elizabeth Warren, D-Mass., and Cory Booker, D-N.J., have warned the U.S. Department of Justice and the Federal Trade Commission that billionaire Elon Musk might be using his position in the Trump administration to bully companies that advertise on his social media platform, X.
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March 06, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 50 times in February about their priorities, including opening valuable airwaves for 5G, clearing hurdles to rural broadband, and pushing T-Mobile's $4.4 billion deal to take over UScellular's wireless operations.
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March 06, 2025
Music Streaming Lyrics Co. Hits Rival With $1B Antitrust Suit
LyricFind Inc. slapped Musixmatch SpA with a $1 billion antitrust lawsuit in California federal court, calling the rival a monopolist in the market for providing lyrics to digital services companies like Spotify and saying Musixmatch inked a deal with Warner Chappell Music Inc. that essentially pushes LyricFind and others out of the market.
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March 06, 2025
Colorado Judge Tosses AG's Kroger Merger Claim
A Colorado state judge in Denver has dismissed the state's challenge to the previously proposed merger between Kroger and Albertsons, saying it became moot when the companies dropped their proposed merger following injunctions in Oregon and Washington federal courts.
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March 06, 2025
As FDIC Walks Back Biden-Era Policies, Bank Groups Applaud
The financial services industry has welcomed the Federal Deposit Insurance Corp.'s recent moves withdrawing various rule proposals from the Biden administration, delaying the compliance deadline for another measure and proposing to rescind a policy statement on bank mergers.
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March 06, 2025
Apple Tells DC Circ. Google Search Fixes Change Incentives
Apple has told the D.C. Circuit that it did not know the U.S. Department of Justice would go as far as it did with its proposed fixes in the Google search antitrust case, and it moved to intervene as soon as it became clear the two companies have opposing interests under the government's proposal.
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March 06, 2025
Colo. Jury Finds Prospector Didn't Steal Anschutz Oil Secrets
A Denver jury found that a prospector didn't misappropriate an Anschutz-owned oil and gas exploration company's trade secrets, reaching a unanimous verdict Thursday evening after a four-day trial in Anschutz's case alleging the prospector secured a $9 million deal based on its stolen data.
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March 06, 2025
Ga. Attys Fight Bid To 'Hijack' $44M Realtor Settlement
Attorneys hoping to finalize a $44 million class action settlement in Georgia with four real estate brokerages urged a federal judge Thursday to reject a bid to "hijack" their litigation by the lawyers behind the series of landmark settlements with the National Association of Realtors and various brokerages over their fee inflation practices.
Expert Analysis
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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.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.
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What BT Ruling Will Mean For UK Class Actions
The Competition Appeal Tribunal’s recent dismissal of a £1.3 billion mass consumer claim against BT, the first trial decision for a U.K. collective action, reminds claimants and funders of the high bar for establishing an abuse, and provides valuable insight into how pending mass consumer cases may be resolved, say lawyers at Ashurst.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.