Elon Musk Revives Legal Battle with OpenAI, Adds Microsoft


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…

Fight Over 2010 Live Nation / Ticketmaster Merger Not Over Yet

Company served with a new lawsuit amid fresh calls to unwind. When concert promoting giant Live Nation Entertainment, Inc., and ticketing giant Ticketmaster Entertainment, Inc.,…

In Price Restriction Litigation, Amazon Wins One, Loses One

Amazon.com Inc. started the month of March with two suits on opposite coasts challenging the rules it imposes on the platform’s merchants which prohibit them…

Florida Consumer Privacy Bills ‘Indefinitely Postponed’

Florida senators and representatives ended their 2022 legislative session on March 11 by withdrawing consideration of consumer data privacy legislation. Any discussion of stronger protections…

Hearing No Further Objections from the FTC, Amazon Buys MGM

Recommitted to fighting anticompetitive consolidation, the government could still challenge the deal. The Federal Trade Commission’s silence last week on Amazon’s acquisition of MGM –…

UK, EC Investigate Google / Facebook ‘Jedi Blue’ Agreement

The U.K. Competition and Markets Authority (CMA) and the European Commission have launched investigations into whether Alphabet/Google and Meta/Facebook illegally conspired to hold their dominant…

House Judiciary Committee Says Amazon Obstructed and Lied to Congress, Seeks Investigation

The House Judiciary Committee has informed Attorney General Merrick Garland of “potentially criminal conduct” on the part of Amazon and its top executives. Detailed in…

Will We See More Criminal Charges Against Monopolies?

DOJ Official’s Remarks Seen as ‘Signal’ Government Will Use Criminal Charges to Fight Illegal Monopolies Remarks made by the DOJ’s Richard Powers at a March…

Amazon-MGM: Deal Approved in Europe, Now It’s Up to the FTC

Finding “no competition concerns,” antitrust regulators at the European Commission yesterday (March 15) approved Amazon’s $8.5 billion acquisition of MGM and its collection of some…

DOJ Sues to Block UnitedHealth / Change Healthcare Deal

Data continues to play key role in fight against anticompetitive mergers. Citing its potential to abuse the health insurance claims data it would amass, and…

Employees May Seek Damages for Violations of the Illinois BIPA

The Illinois Supreme Court held earlier this month (Feb. 3) in McDonald v. Symphony Bronzeville Park (2022 IL 126511) that the exclusivity provisions of the state’s…

FTC, Rhode Island AG Move to Block New England Healthcare Merger

The Federal Trade Commission and the Rhode Island Attorney General are using both administrative measures and litigation to stop the proposed merger of Lifespan Corp.…

Google’s YouTube Draws Antitrust Fines in Russia

You know things are bad when the Russian government says you’re abusing your power, acting surreptitiously, and restricting adjacent markets. But that’s the message Moscow…

Cellular Store Charges T-Mobile With Unfair Business Practices Following Merger with Sprint

A cellular franchise owner has sued T-Mobile in U.S. District Court in Connecticut for “fraudulent, predatory, and anti-competitive conduct.” Saying it was one of the…

Nvidia and SoftBank’s Arm Call Off Vertical Merger

Facing challenges from antitrust enforcers on three continents, U.S. microchip giant Nvidia Corp. has called off its acquisition of British computer processing designer Arm Ltd.,…

Frontier/Spirit Merger Would Stiffen Competition Against Big Four Fliers

Spirit Airlines, Inc. and Frontier Airlines, Inc., today (Feb. 7) announced a merger they say will save consumers $1 billion a year while flying aboard…

FTC Sues to Torpedo Lockheed’s $4.4 Billion Aerojet Acquisition

Marking the first time in decades that it has sued to block a defense industry merger, the Federal Trade Commission on Jan. 25, 2022 filed…

Elite University Cartel Conspired to Limit Financial Aid, Students Charge in Class Action

  “Privileging the wealthy and disadvantaging the financially needy are ‘inextricably linked.’” Student recipients of need-based financial aid brought a class action against 16 elite…

Customers File Antitrust Class Action Against LinkedIn

Plaintiffs Also Allege LinkedIn Colludes with Facebook Plaintiffs from Georgia, Texas, and Arizona have filed suit against LinkedIn, accusing the company of actions that breach…

Court Asks: Does Each Transmission of Biometric Data Constitute a BIPA Violation?  

The Seventh Circuit U.S. Court of Appeals has certified a question to the Illinois Supreme Court over the accrual of claims under the Illinois Biometric…

Aerospace Execs Indicted for Conspiracy to Limit Worker Pay and Job Prospects

A federal grand jury in Connecticut returned an indictment last month charging a former manager of leading aerospace engineering company Pratt & Whitney, Inc., and…

Online Ad Platform Pays $2M to Settle FTC Children’s Privacy Lawsuit

California-based online advertising platform OpenX Technologies, Inc. will pay $2 million to settle Federal Trade Commission allegations that it collected personal information from children under…

EC Fines Banks Over Currency Trading Cartel

The European Commission has fined UBS, Barclays, RBS, HSBC and Credit Suisse €344 million ($390 million) for participating in a Foreign Exchange spot-trading cartel. UBS,…

Amazon Misleading Consumers About Sponsored Products, Labor Group Says

Group tells FTC Amazon is abusing consumer trust. “Amazon doesn’t distinguish well enough between paid ads and organic search results, something that could trick consumers”…

Partner Jennifer Oliver Selected by The National Law Review as 2021 Go To Thought Leader

We are proud to announce that Partner Jennifer Oliver has been selected by The National Law Review as a 2021 Go To Thought Leader in…

MoginRubin Year in Review – 2021

We would like to thank our friends, colleagues, and wonderful Team for another incredible year. As the pandemic continued to impact businesses, MoginRubin remained committed…

Partner Dan Mogin Quoted in FTCWatch

Partner Daniel Mogin was quoted today in an FTCWatch article titled, “As FTC examines supply chain woes, don’t expect much action,” addressing his thoughts on…

MoginRubin LLP Selected as FINALIST for 2022 Legalweek Leaders in Tech Awards for Innovations in Diversity and Inclusion

MoginRubin is honored to be selected as a FINALIST for the 2022 Legalweek Leaders in Tech Awards in the category: Innovations in Diversity and Inclusion.…

Democrats Seek Investigation of $43M Discovery, WarnerMedia Merger 

Thirty-three U.S. representatives and senators, all Democrats, have asked the Department of Justice to investigate the proposed merger of two media giants, Discovery Inc. and…

FTC Opposes $40B Chip Deal 

The FTC has sued to block California-based chip supplier Nvidia Corp.’s $40 billion acquisition of chip design provider Arm Ltd., which is based in the…

Facing FTC Probe, Outdoor Equipment Companies Cancel Merger 

The FTC says that the mere threat of an investigation has caused two merging parties to think again. Two popular outdoors equipment retailers — Great…

DOJ Sues to Block Sugar Deal 

The Antitrust Division of the Department of Justice says United States Sugar Corp.’s proposed purchase of Imperial Sugar Company harm competition for refined sugar across…

MoginRubin’s Lela Fox-Mazzeo Selected to SDBJ’s List of Top 500 Most Influential People in San Diego for 2021

MoginRubin LLP is proud to announce that our Chief of Business Affairs and Financial Operations, Lela Fox-Mazzeo, was selected by the San Diego Business Journal…

Partner Daniel Mogin Named “Top Antitrust Lawyer of 2021” by the L.A. Daily Journal

We are proud to announce that Daniel Mogin, our Managing Partner, has been selected to the Top Antitrust Lawyers of 2021 list by the L.A.…

MoginRubin LLP Ranked by U.S. News & World Report as Best Law Firm

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Partner Dan Mogin Selected as Leaders in Law 2021 FINALIST by the San Diego Business Journal

MoginRubin LLP is proud to announce that Managing Partner Daniel Mogin has been selected as a Finalist by the San Diego Business Journal for their…

Employees’ Biometric Privacy Claims Blocked by Collective Bargaining Agreement 

The Seventh Circuit U.S. Court of Appeals has held that Section 301 of the Labor Management and Relations Act (LMRA) preempted a cause of action under the Illinois Biometric…

Illinois Appeals Court Says Biometric Privacy Law Has Two Statutes of Limitations

It was enacted without a statute of limitations for bringing claims, but now the Illinois Biometric Information Privacy Act (BIPA) has two. An Illinois Court…

House Judiciary Committee Asks: Did Bezos Mislead Us?

Congress has its hands full with witnesses these days. This week, in the case of Big Tech, congressmen have circled back to testimony given by…

Partner Jennifer Oliver Selected as a FINALIST in SDBJ Leaders in Law Awards 2021

We are proud to announce that MoginRubin Partner Jennifer Oliver has been selected as a Finalist by the San Diego Business Journal for their 2021…

Data Security Rules Tightening for Consumer Genetic Testing Companies

Gov. Signs S.B. 41, the Genetic Information Privacy Act California genetic testing companies collecting biometric, genetic, health, or medical information directly from consumers must soon…

Partner Jennifer Oliver Presenting at ABA Webinar “CCPA Thus Far: Enforcement” on October 19, 2021

On October 19th, Partner Jennifer Oliver will be presenting at the American Bar Association’s webinar,  “CCPA Thus Far: Enforcement.” Join Ms. Oliver and Jeewon Serrato,…

FTC Withdraws Vertical Merger Guidelines as “Unsupported by Law and Reality”

The Federal Trade Commission has withdrawn its 2020 Vertical Merger Guidelines and accompanying commentary to “prevent industry and judicial reliance on unsound economic theories” that…

Partner Jennifer Oliver Will be Panelist at Upcoming NetDiligence Cyber Risk Summit

Partner Jennifer Oliver will be presenting at the NetDiligence® Cyber Risk Summit in Santa Monica, CA on October 5th regarding Data Privacy Enforcement. Learn more and register…

Partner Jennifer Oliver Quoted in Daily Journal Article, “Small deals let big tech evade antitrust scrutiny, FTC says”

Partner Jennifer Oliver was quoted today in the Daily Journal, regarding the loopholes in the current merger laws, and how they could potentially mask monopolies.…

Partner Jonathan Rubin Will Be Keynote Speaker at Upcoming NAC Convention in Las Vegas

MoginRubin Partner Jonathan Rubin will be a Keynote speaker at the upcoming National ATM Council (NAC) Convention. The three day live and in-person event will…

Partner Jonathan Rubin Quoted in the New York Times Following Recent Order Regarding Apple’s Anticompetitive Conduct

Partner Jonathan L. Rubin was quoted in the The New York Times’ coverage of Judge Gonzalez’s recent order following the bench trial where she dismissed…

Executive Reminder: Do Not Forget Your HSR Reporting Requirements

The Hart-Scott-Rodino Act requires companies and individuals to report large transactions so the government has time (30 days, or more these days) to investigate any…

Global Antitrust: South Korea Fines Dolby for Abusing Essential Patent Holder Status

The South Korean Fair Trade Commission has fined Dolby Laboratories for forcing set-top box maker Kaon Media to agree to pay what Dolby claimed were…

Global Antitrust: German Court Explains Why Booking.com’s “Narrow Price Parity Clauses” Was Illegal

Germany’s Federal Court of Justice has explained its determination that the so-called “narrow price parity clauses” used by Booking.com until February 2016 violated competition law.…

Global Antitrust: Germany’s Condor Airline Says Lufthansa Wants to Eliminate Transatlantic Competition

German-based leisure airline company, Condor Flugdienst, says competitor Eurowings Discover, Deutsche Lufthansa’s leisure unit, seeks to use “code sharing” agreements with its sister companies as…

Global Antitrust: China Promises (and Demonstrates) Crackdown on Anticompetitive Behavior in Tech Sector

China’s State Administration for Market Regulation continues its antitrust campaign against the tech industry. CNN reported on Aug. 17 that the agency’s proposed new rules…

Global Antitrust: EC Flags Illumina for Proceeding With Purchase of Cancer Test Company Despite Investigation

The European Commission is investigating whether Illumina’s decision to complete its acquisition of cancer test manufacturer Grail — despite the Commission’s ongoing investigation into any anticompetitive effects of the deal — breaches the “standstill obligation” under Article 7…

Partner Dan Mogin Chosen as Lawyer of the Year 2022 for Best Lawyers

MoginRubin LLP is proud to announce that Managing Partner Dan Mogin was chosen as a Best Lawyer for the 28thEdition of The Best Lawyers in…

Partner Jonathan Rubin Quoted in Global Competition Review Following Disappointing JPML Decision

Partner Jonathan L. Rubin was quoted in Global Competition Review following the recent disappointing #JPML ruling to consolidate all of the digital ad cases against #Google to a federal New…