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  • From Aspen to Amazon – The Duty to Deal in an Era of Technological Gatekeepers

    From Aspen to Amazon – The Duty to Deal in an Era of Technological Gatekeepers

    Amazon is the unrivaled king of online shopping today, with Q3 sales in 2025 reaching $180 billion and estimates for Q4 reaching $211 billion.  Even to the casual observer, the proliferation of Amazon trucks and smiling cardboard boxes littering American doorsteps attest to this reality. Likewise, Google has long dominated the search engine and online ad space industry. Both companies do more than simply operate these goliath platforms; they utilize them to their own advantage. Google promotes its advertisements over those of its competitors, and Amazon promotes its own distributors in the same way. But given their market dominance, what duty do these companies and those like them have to deal an even hand to their competitors?

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  • Beyond Google and Meta: Update on What Courts Are Considering Illegal Conduct under Sherman Act Section 2

    Beyond Google and Meta: Update on What Courts Are Considering Illegal Conduct under Sherman Act Section 2

    Although the landmark Google and Meta antitrust cases have dominated the legal headlines, there are many other notable Section 2 cases from the past year. We examine them below so that companies can see what kinds of conduct courts have recently deemed anticompetitive.

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  • Choosing Your Battlefield: IP Enforcement in Federal Court vs. the ITC

    Choosing Your Battlefield: IP Enforcement in Federal Court vs. the ITC

    When a company discovers that a foreign entity is infringing its intellectual property, the initial decision is where to bring an enforcement action. Federal district courts are by far the most common venue for cases. Yet for certain rights holders, the U.S. International Trade Commission (ITC) is a unique and powerful alternative. Choosing between these forums—or using both—requires a clear understanding of how the ITC works, how it differs from district court litigation, and what types of relief each can provide.

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  • Regulating Beneficial Ownership: The Rise and Stall of the CTA

    Regulating Beneficial Ownership: The Rise and Stall of the CTA

    The U.S. Department of the Treasury recently announced a significant shift to substantially reduce the scope of its enforcement of the Corporate Transparency Act (31 U.S.C. § 5336) (“CTA”). This enforcement change comes amid growing attention to how the law affects businesses’ compliance obligations.

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