Judge Cuts Unrevealed Slice of FTC’s Amazon Case, But a Lot Remains


Judge Cuts Unrevealed Slice of FTC’s Amazon Case, But a Lot Remains

  FTC preparing amended complaint, due October 31. U.S. Judge John H. Chun in Seattle has cut a temporarily undisclosed portion of the Federal Trade…

Epic Sues Google Again, This Time Adding Samsung

The fight over the lucrative app market ropes another manufacturer into the fray. Nine months after persuading a jury that Google LLC had monopolized the…

EC’s $2.6B Antitrust Fine Against Google Ad Business Struck Down

  Court says EC did not establish competition foreclosure or harm. The General Court of the European Union has overturned a $2.57 billion fine imposed…

Authors Sue Science Journals for Antitrust Conspiracy to Suppress Compensation

Complaint also blames the six leading publishers with hampering science for profit. Six major publishers of scientific journals – Elsevier, Wolters Kluwer, John Wiley &…

Major Electronic Medical Records Firm ‘Squashing’ Competition, Antitrust Suit Claims

  Case pits newcomer against colossus said to control as much as 80-90% of the market. Particle Health Inc., a young healthcare data platform provider,…

DOJ Sues Visa for Monopolizing Debit Network Markets

Exclusionary conduct has been a key to Visa’s success. The Antitrust Division of the Justice Department filed a civil antitrust lawsuit against Visa Inc. in…

Oregon Heart Center: Salem Health Deploying Anticompetitive Intimidation Tactics

Case is part of a larger picture of unhealthy healthcare consolidation. The Oregon Heart Center (OHC) has sued Salem Health Hospitals and Clinics, alleging that…

DOJ Antitrust Division Subpoenas AI Chip Leader Nvidia

Report suggests DOJ is examining anticompetitive pricing strategies to lock up customers, lock out competitors. Bloomberg News reports that the Department of Justice Antitrust Division…

Antitrust Law Enforcers Split on Kroger-Albertsons Merger

Government attorneys disagree on the grocery market definition and the impact the deal would have on competition. The Federal Trade Commission and attorneys general from…

DOJ, States Sue RealPage: Say Algorithmic Pricing Violates Antitrust Laws

The Justice Department and attorneys general from eight states have sued RealPage Inc. for its alleged unlawful scheme to decrease competition among landlords in apartment…

EC Asks Antitrust Question: What Establishes Abuse of Dominance?

BRUSSELS – The European Commission is gathering feedback on a new approach to enforcing prohibitions of “exclusionary abuses of dominance” described in Article 102 of…

Canada Investigating Gas Station Algorithmic Pricing Service

ONTARIO – “Fuel pricing optimization” company Kalibrate Canada, Inc. must provide the Canadian Competition Bureau records relating to the pricing services the company provides to…

IAG Scraps Air Europa Deal Amid Regulatory Hurdles

London and Brussels – International Airlines Group (IAG), the parent company of British Airways, Iberia, and Aer Lingus, has officially abandoned its acquisition of Air…

DOJ Fines Legends Hospitality $3.5M for Illegal Pre-Merger Coordination

The Department of Justice Antitrust Division has announced a settlement with Legends Hospitality Parent Holdings LLC for violating the Hart-Scott-Rodino Antitrust Improvements Act. Legends will…

FTC Briefs Court on Remedies to Defang Google App Store Monopoly

FTC advocates for relief that has lasting impact that stops illegal conduct, prevents recurrence, and restores competition. The Federal Trade Commission has offered U.S. District…

‘Remedy May Be Google’s Biggest Hurdle Yet in Antitrust Case,’ Jonathan Rubin Writes for Law360

Rubin sees tech development racing ahead of legal actions. The U.S. District Court for the District of Columbia’s Aug. 5 decision holding Google liable for…

MoginRubin’s Tim LaComb Among “Ones to Watch in America”

MoginRubin LLP Counsel Tim LaComb will be included in the fifth edition of Best Lawyers: Ones to Watch® in America (2025 Edition) for his San…

Antitrust Thought Leader Dan Mogin Adds “Best Lawyers” 2025 Designation to His List of Accolades

MoginRubin LLP Managing Partner and Co-Founder Dan Mogin will be recognized for his work in antitrust law in the 2025 edition of The Best Lawyers…

Fair Competition and AI: EU, UK, US Authorities Share Aspirations and Insights

Competition authorities from the European Union, the United Kingdom, and the United States have issued a joint statement addressing the critical need for fair competition…

Google’s $500M Effort to Undermine Microsoft EU Cloud Deal Fails: Bloomberg Reports

Reports of Google’s muscular attempt to thwart a Microsoft antitrust settlement in the European Union underscores the fierce rivalry between these tech giants and the…

FTC Eyes ConocoPhillips / Marathon Oil Deal

The Federal Trade Commission sent ConocoPhillips a second request for information on July 11 regarding its proposed acquisition of Marathon Oil, according to Reuters. ConocoPhillips…

Senators Want Large Housing Acquisitions to Be Reported

Several Democratic senators — led by Amy Klobuchar (D-MN) and Sherrod Brown (D-OH) — this month introduced the Housing Acquisitions Review and Transparency (HART) Act…

EC Antitrust Law Enforcers Accept Apple Pay Promises

The European Commission has made legally binding the commitments Apple offered to address antitrust concerns about its refusal to give Apple rivals access to the…

EU Antitrust Enforcers Fine Fragrance and Flavors Giant for Deleting Chat Messages During Probe

The European Commission fined New York-based International Flavors & Fragrances Inc. and its French counterpart (“IFF”) yesterday the equivalent of $17 million for obstructing an…

Microsoft Teams Tying Violates EU Antitrust Law, EC Says in Preliminary Finding

The European Commission this week informed Microsoft of its preliminary finding that the company was violating EU antitrust rules by tying Teams, its workplace communication and collaboration…

EC Antitrust Officials Conduct Surprise Inspections of Aftermarket Tire Maker “Consultancy”

The European Commission conducted surprise on-site inspections of a “consultancy firm” in two EU Member States, suspecting the firm of violating antitrust rules under Article…

DOJ, FTC Target AI Industry in Antitrust Investigation: Three Takeaways

According to a report from New York Times reporter David McCabe, federal regulators have agreed to share responsibilities for investigating antitrust issues within the artificial…

DOJ, States Sue Live Nation-Ticketmaster for Monopolizing Live Concert Markets

Agencies seek to split the company, saying exclusionary conduct harms consumers, artists, and venue owners. The Antitrust Division of the Justice Department and 30 state…

Media Advisory: DOJ Sues Live Nation-Ticketmaster for Monopolizing Live Concert Markets

Government attorneys say exclusionary conduct harms consumers, artists, and venue owners, and stifles innovation.   The Antitrust Division of the Justice Department and 30 state…

MoginRubin’s Jonathan Rubin to Speak at University of Copenhagen on U.S. Algorithmic Price Collusion Litigation

MoginRubin LLP co-founder Jonathan Rubin will address next-generation antitrust cases during a seminar titled, “EU and U.S. Antitrust Enforcement of AI Collusion,” which will be…

The FTC Requests More Info About Walmart’s $2.3 Billion Vizio Acquisition

The deal is about data, advertising, and Amazon. The Federal Trade Commission (FTC) has kicked off an antitrust inquiry into Walmart Inc.’s proposed acquisition of…

FTC Approves Exxon’s $64.5 Billion Pioneer Buy, Blocks Pioneer CEO from Exxon Board

Government says Sheffield colluded with competitors and cartels to keep prices and profits high. The Federal Trade Commission (FTC) approved Exxon’s $64.5 billion purchase of…

FTC Bans Non-Compete Agreements, Draws Suit from Business Groups in Texas Federal Court

  Between 36 and 60 million employees could be relieved of restrictions. On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule…

EC Antitrust Enforcers Investigating Maker of Leading Pain Medicine for Dogs

  EC Concerned Company Blocked Competing Product   The European Commission has opened a formal antitrust investigation to assess whether animal health company Zoetis may…

FTC Sues to Stop $8.5 Billion Luxury Brand Handbag Deal 

  Bag Maker Says Commission Just Doesn’t Get the Industry The Federal Trade Commission (FTC) filed an administrative complaint to block Tapestry, Inc.’s acquisition of…

News Release re ATM Operator Class Action: Supreme Court Declines Review of Class Certification

FOR IMMEDIATE RELEASE Supreme Court Declines to Review Class Certification of ATM Operator Class in Antitrust Case Against Mastercard and Visa The Supreme Court declined…

More Reporting That Antitrust Division Will Sue Live Nation

The Wall Street Journal has reported that the Antitrust Division of the Justice Department is preparing to sue Live Nation, the concert promotion and production…

DOJ Antitrust Division Anti-Interlocks Campaign Spurs More Board Resignations

Warner and Spectrum Media Companies Shared Board Members Two directors of Warner Bros. Discovery Inc. (WBD) have resigned from the company’s board after the Antitrust…

Appeals Court Greenlights DOJ Antitrust Investigation of Realtors

The U.S. Court of Appeals for the District of Columbia on Friday (April 5, 2024) lifted restrictions imposed by a lower court that had prevented…

DOJ, State and DC AGs: Apple’s Conduct in Smartphone Market Violates Antitrust Laws

Apple uses anticompetitive tactics to lock in consumers and developers, government says. Apple will even sacrifice quality to thwart innovation and competition, according to the…

FTC Seeks Comment on Private Equity Acquisition of Oil and Gas Company, Altamont Energy 

  The Federal Trade Commission is requesting public comment on an application from XCL Resources Holdings, LLC, a subsidiary of private equity firm EnCap Investment…

DOJ, FTC, HHS Examining Private Equity Control Over Health Care Industry 

“Private equity firms and other corporate owners are increasingly involved in health care system transactions, and, at times, those transactions may lead to a maximizing…

Eradicating Anticompetitive Schemes in Your Supply Chain

“You only find out who is swimming naked when the tide goes out.”   –Warren Buffet In a perfect world, you have great and honest…

Why We Fight: The Strategic Value of Antitrust Litigation When Battling Dominant Competitors

“While it is fashionable today to call for mergers and alliances in the name of globalization and the creation of national champions, these often undermine…

EC Fines Apple $2 Billion for Abusing Power in Music Streaming App Market

The European Commission has fined Apple more than €1.8 billion ($2 billion) for allegedly abusing its dominant position in the market for the distribution of…

Court Pauses Rule Requiring Student-Athletes to Commit to Schools Before Cashing in on NIL

The playing field continues to shift in favor of college athletes who wish to freely strike licensing deals for their names, images, and likenesses, or…

Antitrust Enforcers Target Another NCCA Rule

Government suit: Limiting athletes from changing schools unreasonably restrains competition. Under the current rules of the National Collegiate Athletics Association (NCAA), college athletes who transfer…

Court Blocks JetBlue/Spirit Deal

A federal judge in Massachusetts has blocked JetBlue Airways’ $3.8 billion purchase of Spirit Airlines, finding the deal would fly in the face of the…

Google, Meta List Efforts to Comply with New EU Law After Smaller Firms Claim No Progress

  DMA will constitute a ‘paradigm shift in digital markets,’ say rivals. The world’s leading tech, ecommerce, and social media companies have until March 7,…

Supreme Court Opens Door for App Developers to Circumvent Apple Payment System

High court lets Ninth Circuit opinion stand, but the conflict isn’t over. What just happened? Last week the Supreme Court denied Apple Inc.’s petition to…

Jonathan Rubin FTC vs Amazon Article Published in Litigation Journal

“Traditional antitrust economics face significant challenges grappling with the new economy industrial environment, and the Amazon case is likely to be a crucial test for…

Facing Pressure from Global Antitrust Law Enforcers, Adobe and Figma Call it Quits

Adobe Inc. and Figma Inc. have agreed to terminate their merger rather than combat European, British, and U.S. competition law agencies which shared the opinion…

Multifamily Home Renters Defeat Motion to Dismiss RealPage Rental Antitrust Case

Case addresses antitrust implications when competitors use algorithms to make pricing decisions. A ruling by U.S. Judge Waverly Crenshaw in Tennessee has kept alive a…

DOJ Closer to Filing New Antitrust Case Against Apple, NYTs Reports

Does Apple use its hardware/software control to hamper switching and competing? The Antitrust Division of the Department of Justice is in the “late stages” of…

Google to Pay $700M to Settle AGs’ Antitrust Case re Play Store Practices

  Company also agrees to change anticompetitive conduct pertaining to exclusivity, payments, pricing, and more. Google will pay $700 million and change several of its…

DOJ: Koch Foods Deprived Poultry Farmers of the Benefits of Competition

Antitrust Division Annuls Koch’s Contract Exit Penalties Citing the unreasonable burden placed on poultry farmers, the Justice Department’s Antitrust Division sued Koch Foods Inc. last…

Real Estate Broker Fee-Splitting Arrangements Draw $1.8 Billion Verdict

Growing pressure on sales practices includes DOJ probe. Case in Missouri is similar to another in Illinois set for trial next year. Damages have potential…

Antitrust Division Seeks Participation in Rental Software MDL

  Case raises questions about competitors using algorithms to set prices. Interested in the matter’s Sherman Act implications, the Department of Justice Antitrust Division is…

FTC Sues to Force Total Wine’s Compliance in Antitrust Probe

Investigation cites pre-WWII amendment to the FTC Act.   Marks at least second such pricing investigation this year. Both involve leading retailers and beverage companies.…

There’s No Antitrust in Baseball. But Why Not?

  MLB’s century-old antitrust immunity under assault from several directions.   Minor leagues teamed up after MLB severed affiliations, but Second Circuit ruled against them.…

European Antitrust Officials Continue Fashion Probe

  EC concerned Cardin and manufacturer have been colluding for years.   EC wants to know if companies engaged in “absolute territorial protection.” Companies allegedly…

Rubin Delivers Keynote Address to ATM Industry Trade Group

Rubin talks about class action to eliminate an unfairness in the broader economy. Las Vegas, NV (October 25, 2023) — Jonathan Rubin, Partner and co-founder…

Europe Joins U.S. in Ordering the Unwinding of Illumina-GRAIL Merger

FTC cited the EC’s earlier decision against the merger in ordering its undoing in the U.S. The European Commission today directed Illumina to unwind its $8…

Intel Fined $400M in Europe for Abusing Dominance in CPU Market

Naked Restriction: EC finds Intel paid computer makers to delay products using competing chips. Citing what it calls Intel Corp.’s series of anticompetitive efforts to…

MoginRubin Remains on “Top Antitrust Law Firm” List for 2022

MoginRubin LLP is proud to remain on the list of top firms cited in the Antitrust Annual Report, published by Huntington National Bank. The report…

DOJ Sues Pork and Poultry Industry Data Exchange Service  

DOJ: Enabling competitive information swapping harms competition in this concentrated market.  Citing the harm it causes consumers and grocery stores, the Justice Department’s Antitrust Division…

Joy Sidhwa Named a Top Leader in Law in San Diego

  Congratulations! To our own Joy M. Sidhwa for being selected as one of San Diego’s Top 100 Leaders in Law by the San Diego…

Microsoft Fails to Quell Antitrust Concerns in Europe Over Teams Bundling 

Microsoft Corp.’s plan to unbundle Teams from its flagship Office offerings in Europe has not allayed the antitrust concerns of competition regulators in Luxemburg. The…

Six More Platforms Must Show Compliance with EU’s Digital Markets Act 

Signaling greater antitrust scrutiny in Europe, Alphabet (Google), Amazon, Apple, ByteDance (TikTok), Meta (Facebook), and Microsoft have earned designations as “gatekeepers” by the European Commission…

Real Estate Services Company Settles Two Antitrust Suits

Anywhere Real Estate has settled out of antitrust class action litigation brought by home sellers claiming the National Association of Realtors, Anywhere, and other major…

DOJ Continues Campaign Against Competitors Sharing Directors  

More corporate directors have resigned in light of the Department of Justice Antitrust Division’s initiative to stop competitors from sharing corporate leadership. Two directors on…

Two More Companies Admit to Fixing Generic Drug Prices 

Teva Pharmaceuticals USA, Inc. and Glenmark Pharmaceuticals Inc., USA have agreed to the terms demanded by the Department of Justice to resolve price-fixing charges against…

FTC, States Agree on Path Forward for Amgen’s Horizon Therapeutics Deal

Settlement said to resolve anticompetitive concerns over critical drugs. The Federal Trade Commission and attorneys general from six states – California, Illinois, Minnesota, New York,…

Jonathan Rubin to Discuss Class Certification on Nationwide CLE Webinar

Leading Antitrust Practitioners to Exchange Insights MoginRubin LLP Partner Jonathan Rubin is participating in a live Strafford webinar, titled “Class Certification: Guidance from Olean v.…

Google’s A.I. Service Draws Early Copyright and Privacy Class Action  

  Google Bard competitor ChatGPT also getting attention from plaintiffs and regulators. Allegations have lingered for centuries in far-off corners of the literary world that…

Revived: Antitrust Case Against Johns Manville for Abusing Calcium Silicate Monopoly Power

Company allegedly threatened to cut off distributors who sold rival products. A 2019 antitrust lawsuit against Berkshire Hathaway’s Johns Manville (JM) brought by rival calcium…

Amazon Investors Amazon Execs Hid Antitrust Troubles

  Shareholders say Bezos and Execs Caused Them “Massive” Losses Two Amazon Inc. investors have filed a shareholder derivative lawsuit against Jeff Bezos and other senior…

Live Nation Must Litigate, Not Arbitrate, Consumer Antitrust Class Action

Adding to its woes, investors claim losses because Live Nation did not disclose anticompetitive conduct. Live Nation and its subsidiary, Ticketmaster (“Live Nation”) have successfully…

FTC and Surescripts Reach Settlement of E-Prescription Monopolization Case

  Proposed agreement follows court ruling on Surescripts’ dominant 95% “supershare.” Health information technology company Surescripts, LLC has agreed to stop engaging in exclusionary conduct…

Press Release re ATM Operators’ Class Action Against Visa, Mastercard

FOR IMMEDIATE RELEASE D.C. Appeals Court Affirms ATM Operators’ Class Certification in Antitrust Case Against Visa and Mastercard   Decision moves forward class actions brought…

Illumina and GRAIL Violated European Merger Law

European Commission fines companies for merging without approval.   Illumina, GRAIL consummate merger immediately after EC investigation began. Commission to decide whether the companies must…

Microsoft’s Activision Gaming Deal is Back On

  Judge deals blow to FTC.   U.S. Judge Jacqueline Scott Corley has revived Microsoft’s $68.7 billion Activision Blizzard acquisition. The FTC wanted to put…

Broadcom’s VMware Deal Gets Green Light in EU

  But examination of the deal continues in the US and UK.   The European Union competition regulators today conditionally approved Broadcom‘s purchase of cloud…

Assessment of Big BioPharma Merger Under Way in US, EU, and UK

Would the combined company use improper tactics to foreclose competition? Review of the $43 billion biopharmaceutical merger of drug giant Pfizer Inc. and biopharmaceutical company…

FTC: Amgen-Horizon Deal Would Cement Monopoly for Treatment of Two Diseases

Commission pauses major biopharma transaction involving drugs priced in the hundreds of thousands of dollars. As part of the Federal Trade Commission’s promised campaign to…

MLB’s Antitrust Immunity is Safe, But Senators Want to Throw it Out

In Antitrust Law, MLB is in a League of Its Own In the 1992 movie “A League of Their Own,” Jimmy Dugan was the cranky…

Bill to Grant Limited Antitrust Immunity to Small News Pubs Advances in Senate 

The U.S. Senate Judiciary Committee has voted to advance a bill that would give smaller news organizations limited antitrust immunity to negotiate content licensing deals…

DOJ Investigating Google Maps, Plans Third Antitrust Lawsuit Against the Company, Reports Say

According to multiple news reports, the Department of Justice has revived its antitrust investigation against Alphabet Inc. and Google LLC over their Google Maps service…

Sanofi Announces $2.9 Billion Acquisition of BioPharma Diabetes Drug Maker 

Paris-based Sanofi S.A. announced a definitive agreement to pay $2.9 billion for diabetes drug manufacturer Provention Bio, Inc., a U.S.-based, biopharmaceutical company focused on intercepting…

Judge Approves $75 Million Settlement of Generic Drug Antitrust Class Action

U.S. Judge Cynthia M. Rufe of the Eastern District of Pennsylvania has approved a settlement in an antitrust class action brought by direct pharmaceutical purchasers…

Pricing Inflate-Gate: DirecTV NFL Sunday Ticket Holders Score Class Certification

Judge: Case “vividly points to the need for class treatment.” Football fans have secured class certification of their lawsuit claiming that they were charged inflated…

MoginRubin’s Lela Fox-Mazzeo a Top San Diego CFO

  Congratulations to Lela Fox-Mazzeo, MoginRubin LLP’s Chief of Business Affairs & Financial Operations, for being chosen as a finalist for the CFO of the…

“I Knew You Were Trouble.” Taylor Swift Ticket Fiasco Cranks Up Ticketmaster Criticism

Live Nation-Ticketmaster Dominance: “This is Why We Can’t Have Nice Things” Photo by Hanny Naibaho on Unsplash [Editor’s Note: Quoted phrases are titles of Taylor…

German Economist Sues OPEC as Illegal Cartel

Berlin-based professor of law and economics, Armin Steinbach, filed a lawsuit against OPEC in early November, accusing the organization of being an illegal cartel that…

EssilorLuxottica Fined $81.2 Million in France for Anti-Competitive Practices

If you are an eyewear customer there is a very good chance you’re also at least an indirect customer of this company. Eyewear giant EssilorLuxottica…

EU Commission Investigating Teva for Allegedly Interfering with Medication Research

Pharmaceutical company Teva is under investigation by the European Commission over their competition practices, which the commission says interferes with medication research. Teva held a…

CISPE.cloud Files Licensing Complaint Against Microsoft

In November of 2022, Cloud Infrastructure Service Providers in Europe (CISPE) announced it was filing a formal complaint against Microsoft with the European Commission’s Directorate-General…

Antitrust Fines Against Apple and Amazon Scrapped in Italy

At the start of October, an Italian administrative court ruled that Apple and Amazon no longer have to pay a $225 million fine levied by…

EC Investigates Microsoft’s Activision Blizzard Acquisition

The European Commission is putting the Microsoft and Activision Blizzard merger on hold as they investigate whether the deal will reduce competition among PC gaming…

Leaked: EU to Charge Meta/Facebook Over Secret Agreement with Google

While the European Commission announced back in March that they would investigate Facebook, sources have leaked that it is ready to announce formal charges, according…