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


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…

France Fines Apple $1.2 Billion for ‘Running a Cartel’

French competition authority, Autorité de la Concurrence, fined Apple a record $1.2 billion after their investigation found that Apple and its wholesale partners, Ingram Micro…

Pfizer Completes $5.4 Billion Acquisition of Sickle Cell Disease Drug Innovator

  Pfizer Inc. has acquired Global Blood Therapeutics, Inc. (GBT), a biopharmaceutical company whose leading product inhibits harmful medical conditions that lead to the relatively…

Amazon’s iRobot Acquisition Faces Shareholder and Consumer Resistance as FTC Investigates

iRobot Corp. shareholders approved Amazon.com, Inc.’s $1.7 billion purchase of the Roomba maker on Oct. 17, while a pre-trial conference in a suit brought by…

FTC, States Sue Pesticide Makers Over Exclusionary Schemes to Block Generics

Syngenta and Corteva used “loyalty programs” to cut off competition and inflate prices paid by farmers and consumers, suit says. The Federal Trade Commission and…

Dan Mogin Named Lawyer of the Year by “Best Lawyers”

Congratulations to our co-founder and managing partner for being recognized as litigation “Lawyer of the Year” by Best Lawyers in America. And, for the eighth…

Adobe / Figma Merger Raises Antitrust Concerns

Would the deal usher in a new era of collaborative creativity or just a more powerful monopoly? Tech industry observers disagree on the potential impact…

Courts Reject Two DOJ Merger Challenges as Another is On Trial

A brief setback for Biden’s war on anticompetitive deals? The number of mergers globally in 2021, according to PwC, was the biggest on record with…

FTC Chair Touts Vigorous Antitrust Enforcement Despite Anemic Funding

Trump appointees say things were better during his term. Federal Trade Commission Chair Lina M. Khan testified this week that despite being strapped for resources…

Google Alert: Antitrust Suits Coming Soon

Google awaits service in three countries over digital ad conduct. One of the first victims of the rapid tectonic shift in how the world consumes…

Amazon Abusing Dominance to Maintain Dominance, California AG Files Anticompetition Suit

Amazon dodges price competition with other e-commerce sites by forcing merchants into agreements that penalize them if their prices beat Amazon’s. That’s the crux of…

FTC Sues to Block Meta from Acquiring Leading VR Developer

FTC Accuses Meta of Trying to Further Dominate Virtual Reality Ecosystem via Acquisition. The Federal Trade Commission (FTC) filed suit against Meta Platforms, Inc. (fka…

Google Must Defend Inform Advertising Antitrust Case After All

Eleventh Circuit disagrees that the complaint was an inadequate “shotgun pleading” against Google, YouTube and Alphabet. Handing Google LLC a reversal of fortune, the Eleventh…

Oracle Violating Numerous Privacy Laws, Class Action Says

  Plaintiffs say Oracle collects and sells private data without citizens’ consent. A class action complaint filed in federal court in San Francisco claims Oracle…

Will Big Book Merger Go Through? It Will Soon Be Up to the Judge.

The fate of the $2.2 billion Penguin Random House (PRH) / Simon & Schuster (S&S) merger remains with U.S. District Judge Florence Pan who presided…

Federal Court Approves $2.67B Settlement of Antitrust Suit Against Blue Cross

U.S. District Judge R. David Proctor of Alabama has approved the settlement of antitrust litigation brought against Blue Cross Blue Shield Association by large employers…

Credit Card Issuers File Antitrust Suit Against Apple for Exclusionary Conduct in Mobile Tap-and-Pay Market

Apple Operating an Illegal Monopoloy in Tap-and-Pay Market, Suit Says The convenience of the tap-and-pay mobile wallet model is a feature consumers increasingly enjoy for…

Gig Drivers Say Uber and Lyft Duopoly is Violating California Antitrust Laws

Independent Uber and Lyft drivers filed a class action against the rideshare pioneers last month alleging they are violating California antitrust and consumer protection law.…

Dan Mogin, Travis Miller Talk Supply Chains on Emerging Litigation Podcast

Dan Mogin of MoginRubin LLP and Travis Miller, General Counsel at Assent Compliance Inc., appeared on the Emerging Litigation Podcast to discuss a range of…

What’s So Funny About Peace, Love, and Antitrust?

Comedian John Oliver (no relation to MoginRubin antitrust attorney Jennifer Oliver, or so she claims) spent nearly a half hour of his show Last Week…

Amazon Shareholder Files Biometric Privacy and Antitrust Suit

Amazon shareholder Francis Gimbel, Jr. has sued Jeff Bezos, Amazon’s Board of Directors, and other company leaders in federal court in Washington for allegedly storing…

In the Wings? Increased Scrutiny on U.S. Investment in Chinese Technology and More Support for U.S. Manufacturing

On June 14, The Wall Street Journal first reported on a draft legislative measure that would require U.S. companies and investors to disclose and comply…

NYT’s Lead Economics Writer: Biden Needs Pro-Antitrust Economics Judges

At the end of April 2022, announcing President Joseph Biden’s latest round of federal judicial nominations, the White House hailed the nominees not only as…

Broadcom Announces Acquisition of Cloud and Virtualization Company

Global semiconductor giant Broadcom Inc. intends to purchase VMware, Inc., a leading enterprise software company. The boards of both companies agreed to the terms, whereby…

EC Adopts Vertical Deal Guidelines for Supply Chains

The European Commission has adopted new Vertical Block Exemption Regulations (‘VBER’) accompanied by new Vertical Guidelines, which will allow, subject to conditions, agreements between companies…

App Developer’s Antitrust Case Against Apple Looking Durable

Court Says Licensing Agreement Does Not Bar App Maker Litigation A federal judge has rejected Apple Inc.’s interpretation of its app licensing agreement in the…

DOJ: Wage-Fixing Antitrust Civil Case Should Survive Acquittals in Criminal Case

A federal court jury in Denver returned not guilty verdicts in the government’s criminal case against DaVita Inc. and its former CEO, in which the…