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Unfair Competition Competition

Mogin Law LLP

USC Sues Google for Infringing Mapping Patents: Just Another Form of Anticompetitive Conduct

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University of Southern California (USC) sued Google LLC in the Western District of Texas, Austin Division, last month, alleging infringement of the school’s mapping patents, unlawfully using these innovations in Google Earth,...more

Fenwick & West LLP

Cracks in the Data Door: Celonis v. SAP and the Antitrust Risk of Restricting Data Access

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In Celonis SE v. SAP SE, a federal court ruled that Celonis could proceed with its claim alleging SAP monopolized a standalone “data access” aftermarket, potentially paving the way for monopolization theories focused on acts...more

Secretariat

PMFNs & Competition

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Most Favored Nation (MFN) clauses are contractual provisions that were historically invoked between countries in treaties and trade agreements, promising, for example, that any lowering of tariffs on any trading partner would...more

Wilson Sonsini Goodrich & Rosati

California Gets Tough on Algorithmic Pricing and Lowers Conspiracy Pleading Standards

On October 6, 2025, Governor Gavin Newsom expanded the scope of California’s antitrust laws by signing Assembly Bill 325, an amendment to the Cartwright Act, California’s primary antitrust statute. AB 325 prevents the use of...more

Vinson & Elkins LLP

Cartels Antitrust Enforcement and Litigation - September 2025

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The word “cartel” conjures images of mobster movies, lurid headlines, and drug busts. But a less exotic brand of cartel can be far more relevant to the business world. In an economic sense, a cartel is simply a collection of...more

Bass, Berry & Sims PLC

FTC Issues Letters to Healthcare Employers Regarding Non-Compete Agreements

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Although the Federal Trade Commission (FTC) announced on September 5 that it was ending its appeals of decisions in the Fifth and Eleventh Circuits which set aside the FTC nationwide non-compete ban thereby ending its defense...more

King & Spalding

FTC Warns Healthcare Employers Against Noncompetes

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On September 10, 2025, FTC Chairman Andrew N. Ferguson issued letters to several healthcare employers and staffing companies urging them to carefully review their use of noncompetes or other restrictive terms in their...more

Cozen O'Connor

FTC Chairman Submits Regulatory Reform Recommendations to OMB

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FTC Chairman Andrew Ferguson submitted a report to the Office of Management and Budget recommending deletion or modification of more than 125 federal regulations he views as anticompetitive. ...more

Mogin Law LLP

Monopolization Claims Survive Against Leading Health Records Tech Company

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A recent decision from Judge Naomi Reice Buchwald in the Southern District of New York has set the framework for a closely watched antitrust case in the $13 billion digital health records space. The case, Particle Health Inc....more

Axinn, Veltrop & Harkrider LLP

FTC Drops Its Non-Compete Ban, but Vows Continued Enforcement

The Federal Trade Commission (FTC) has abandoned its defense of the rule proposed by the Biden Administration banning almost all employer-employee non-competes. As a result, the broad non-compete rule is dead. At the same...more

Mogin Law LLP

Although a Monopolist, Google Escapes Divestitures in DOJ’s Antitrust Case

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U.S. District Judge Amit Mehta this week ruled that Google must execute a number of behavioral remedies, such as halting exclusive arrangements, but spared the company from more severe structural remedies, such as divesting...more

Mogin Law LLP

Elon Musk’s X Companies Bring Antitrust Suit Against Apple, OpenAI Over AI Market Conduct

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X Corp. and X.AI LLC sued Apple Inc. and OpenAI today (8/25/2025) alleging violations of federal and state antitrust laws, including Sections 1 and 2 of the Sherman Antitrust Act and the Texas Free Enterprise & Antitrust Act....more

Mogin Law LLP

DOJ: Undermining “Viewpoint Competition” Constitutes Antitrust Injury

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Just like any market in which competitors sell goods and services, the Department of Justice Antitrust Division argues that the marketplace of ideas, diversity of perspectives, and “viewpoint competition” are subject to...more

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

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FTC v. Kroger Co., an early test of the 2023 Merger Guidelines, focused on competition within labor markets as well as within product markets. In its decision, the court noted that it was “not aware of any standard economic...more

Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

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A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Dacheng

China Monthly Antitrust Update: July 2025

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This monthly report outlines key developments in China’s antitrust sector for July. SAMR Solicits Public Comments on the Revised Provisions on the Prohibition of Monopoly Agreements, Refining the “Safe Harbor” Standards for...more

Quarles & Brady LLP

China's Sweeping 2025 Anti-Unfair Competition Law Revision: Far-Reaching Impacts on Brand Protection, Data Governance, eCommerce,...

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On June 27, 2025, China’s National People’s Congress Standing Committee enacted a landmark revision to the Anti-Unfair Competition Law (AUCL), effective October 15, 2025. This sweeping update is the most significant since the...more

Vondran Legal

Can You Register and Sell Trademarks Without Business Goodwill Attached? Short Answer, Probably Not.

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Legal Issue: Some people think you can just sell a trademark for profit. Sometimes these are called trademark farms where people will register a trademark only to sell it. Another situation arises where a company is...more

K&L Gates LLP

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another...

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Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more

Dacheng

China Monthly Antitrust Update: June 2025

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This monthly report outlines key developments in China’s antitrust sector for June. The following events merit special attention: SAMR Seeks Comments on Provisions for Curbing Acts of Abusing Administrative Power to Eliminate...more

Kerr Russell

Michigan AG Alleges Anticompetitive Agreement Between Pharmacy Benefit Managers

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Michigan Attorney General Dana Nessel sued Express Scripts Inc. and Prime Therapeutics LLC, two pharmacy benefit managers (PBMs), in the U.S. District Court for the Eastern District of Michigan on Monday, April 28, 2025....more

Vinson & Elkins LLP

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

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On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

Foley Hoag LLP - State AG Insights

Will State AGs Fill the Gap in FCPA Enforcement?

Since the start of President Trump’s second administration, some State Attorneys General (AGs) have actively responded to executive orders and policy directives, including by initiating legal challenges in federal courts. Now...more

Akin Gump Strauss Hauer & Feld LLP

Combating Unfair Practices in the Live Entertainment Market (Trump EO Tracker)

Requires the Attorney General and the Federal Trade Commission (FTC) to ensure that competition laws are appropriately enforced in the concert and entertainment industry when venues, ticketing agencies, or a combination are...more

Mogin Law LLP

Live Nation’s Motion to Dismiss Government Antitrust Case Rejected

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The U.S. Department of Justice Antitrust Division and state antitrust authorities have plausibly alleged that Live Nation engaged in illegal tying and coercion of performing artists, a federal judge in the Southern District...more

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