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Competition
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July 04, 2025
Apple, Sony Lose Appeal Over Litigation-Funding Deals
The Court of Appeal unanimously rejected arguments by Apple, Visa, Mastercard and Sony on Friday that widely-used funding agreements which calculate a funder's fee by a multiple are unenforceable in U.K. class action claims.
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July 04, 2025
BT Denies Withholding Data Cost Eircom 拢400M Contract
British Telecommunications PLC said that withholding information from Eircom did not cause its Irish counterpart to lose a bid for a public sector contract, as it defended itself Friday at a 拢67 million ($92 million) damages trial.
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July 03, 2025
Tyson Settles Fight With Chicken Farmers Over Mo. Plant Sale
Tyson Foods has settled its declaratory action against Skaggs Bros & Sons Farms LLC that sought an order finding its sale of a shuttered broiler chicken processing plant to Cal-Maine Foods Inc. last year didn't violate antitrust laws, according to a notice filed in Missouri federal court.
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July 03, 2025
7th Circ. Cuts Chicken Price-Fixing Atty Fees Again
A Seventh Circuit panel reduced a $51.6 million fee award for class counsel who took on alleged price-fixing among the country's biggest producers of broiler chickens to about $47 million Wednesday, saying the district court made one easily-correctable error.
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July 03, 2025
Fortnite Creator Accused Of IP Violations For In-Game Comms
The creator of the popular video game Fortnite has been sued by a California company claiming the game's player-to-player messaging options聽infringe patents it holds related to communications via internet protocols.
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July 03, 2025
3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.
Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.
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July 03, 2025
CMA To Review Global Payments' $24.2B Worldpay Deal
British competition officials said this week that they were beginning their initial evaluation of Global Payments Inc.'s plans, unveiled earlier this year, to purchase payments giant Worldpay from GTCR and FIS for $24.25 billion.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits 鈥 one solidly liberal, one solidly conservative 鈥 that had聽their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears聽increasingly simpatico with the high court.
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July 03, 2025
States Still Oppose Florida's Generic Drug Deal With Sandoz
States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year.聽What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Meet The New Leader In Clifford Chance's DC Office
When Will Lavery followed a longtime Baker Botts LLP colleague in moving his antitrust practice to Clifford Chance LLP in 2023, he told 极速赛车 Pulse in a recent interview that he never would have expected that just two years later he would be tapped to serve as managing partner of the firm鈥檚 Washington, D.C., office.
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July 03, 2025
Kentucky Accuses RealPage, Landlords Of Price-Fixing Rents
Kentucky has accused property management software company RealPage Inc. and multiple landlords of engaging in rent price-fixing, lodging similar antitrust claims against RealPage as the federal government, the District of Columbia and New Jersey.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks 鈥 and even hours 鈥 to issue some of its most anticipated and divided decisions.
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July 03, 2025
Eircom Seeks 拢67M From BT As Info Hoarding Trial Kicks Off
Irish telecoms operator Eircom said that British Telecommunications PLC unlawfully kept it "in the dark" about crucial information during a bid for a public sector contract, at the start of a 拢67 million ($92 million) damages trial Thursday.
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July 03, 2025
Mid-Year M&A Deal Flow Suffers Amid Global Instability
More than six months into a new Donald Trump administration, the mergers and acquisitions boom that many market observers anticipated has failed to materialize.聽In part one of this two-part M&A review, industry attorneys discussed market activity so far this year, how geopolitical factors are impacting the dealmaking environment, and their outlook for the remainder of 2025.
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July 03, 2025
Italy Clears Monte Dei Paschi's 鈧13.3B Mediobanca Deal
Italian lender Monte dei Paschi has said that the country's competition authority has given the green light to its 鈧13.3 billion ($15.7 billion) proposed takeover of rival Mediobanca SpA.
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July 02, 2025
NCAA, NASCAR Antitrust Challenges Permeate 2025's 1st Half
The first half of 2025 saw the dispute between NASCAR and two of its teams become supercharged and a judge give final approval to the disputed settlement for the NCAA name, image and likeness antitrust litigation.
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July 02, 2025
9th Circ. Upholds Sutter Health's Win In Doc's Kickback Suit
The Ninth Circuit refused to revive a gastroenterologist's constitutional challenge against Sutter Health alleging the nonprofit paid kickbacks to its physicians to refer low-income patients to other hospitals, ruling Wednesday the appellant lacks evidence of purported kickbacks and doesn't address how the alleged injury to those patients harmed him.聽
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July 02, 2025
Amazon Judge Presses FTC On Bid For 'Bad Faith' Finding
As the Federal Trade Commission insisted Wednesday that Amazon should be punished with a bad faith finding for mislabeling documents as privileged in a case over the company's Prime subscription practices, a Washington federal judge questioned why the agency wasn't "made whole" when the court granted its sanctions bid.
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July 02, 2025
2nd Circ. Reinstates FIFA Bribery Convictions
The Second Circuit on Wednesday reinstated two conspiracy convictions linked to the FIFA bribery scandal, saying a former 21st Century Fox executive and a company that brokers media rights for major tournaments weren't absolved by new U.S. Supreme Court rulings.
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July 02, 2025
Chinese Cannabis Vape Maker Accused Of Monopoly
The Chinese companies behind cannabis vape brand CCELL and a number of its U.S. distributors were accused of organizing an anticompetitive price-fixing scheme that gave them market dominance, according a proposed class action lawsuit, at least the second this year to make similar claims.
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July 02, 2025
Ill. Judge Asks Deere Rivals To Stop Pestering Court Staff
The judge overseeing the FTC's antitrust enforcement action against farm machinery maker Deere & Co. has penned a light-hearted order calling out another judge and asking equipment manufacturers to stop calling his staff to ask for advice.
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July 02, 2025
Judge Sanctions Building Makers Over Withheld Evidence
A Tennessee federal judge has sanctioned a group of building manufacturing employees and ordered them to pay their former employers' attorney fees, finding they'd intentionally withheld and spoiled evidence during discovery.
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July 02, 2025
Schools Ask To Probe Ethics Claim In Financial Aid Case
Universities accused of conspiring to limit financial aid offerings are asking an Illinois federal court for permission to take discovery on potential ethical violations involving class attorney fees after an attorney for the students raised the issue.
Expert Analysis
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Rethinking 'No Comment' For Clients Facing Public Crises
鈥淣o comment鈥 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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Antitrust In Retail: Rude Awakening For FTC In Tempur Sealy
A Texas federal court's recent denial of a Federal Trade Commision order to stop a giant mattress merger because of lack of evidence on market segments shows that such definitions are only a viable path for regulating vertical mergers if antitrust agencies provide adequate documentation, says David Kully at Holland & Knight.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits 鈥 but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Opinion
US Steel-Nippon Merger Should Not Have Been Blocked
The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer.聽
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Biden-Era M&A Data Shows Continuity, Not Revolution
While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration鈥檚 efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions 鈥 but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Exploring China's 1st Administrative Merger Control Ruling
As the first judicial ruling in China's merger control regime, the Beijing Intellectual Property Court's recent upholding of Simcere's acquisition of Tobishi helps to clarify how the Chinese antitrust authority and court assess remedies, say attorneys at Tian Yuan Law Firm.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Opinion
DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech
A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act鈥檚 ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden鈥檚 January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government鈥檚 microscope, say attorneys at Blank Rome.