Competition Law News
An American Ban: Supreme Court Grants TikTok Request to Review Law that Would End its U.S. Operations
TikTok/ByteDance cite harms to free speech and claim zero ownership by the People’s Republic of China. TikTok Inc. and its parent company ByteDance Ltd.…
Bad Bunny Fans Among Those Alleging Bad Conduct by Ticketmaster, Live Nation
California concertgoers allege antitrust and RICO violations against thousand-pound live entertainment and ticketing gorilla. Six months after the Department of Justice Antitrust Division and 30…
FTC Files Antitrust Lawsuit Against Southern Glazer’s Wine and Spirits
Government says the distributor commits illegal price discrimination against smaller stores. The Federal Trade Commission (FTC) has filed a lawsuit against Southern Glazer’s Wine and…
Nippon Steel’s Acquisition of U.S. Steel Uncertain
Union says it’s bad for workers. Feds say it’s bad for national security. United Steelworkers Union (USW) leader David McCall released a video earlier this…
DOJ Drops RealPage from Criminal Antitrust Probe
Civil litigation continues against RealPage and other algorithmic pricing services. RealPage Inc., a leading provider of AI-enabled software platforms to the real estate industry,…
Court Blocks Kroger Albertsons Merger Over Antitrust Concerns
“Merger would result in a significant increase in market concentration.” The U.S. District Court for the District of Oregon has granted a preliminary injunction to…
Elon Musk Revives Legal Battle with OpenAI, Adds Microsoft
A clash of ideals or a contrived campaign to regain market share? Elon Musk’s tumultuous relationship with OpenAI, the AI research organization he co-founded in…
Microsoft Facing Fresh Antitrust Investigations in US, EU, Private Suits in US, UK
Actions initiated as antitrust enforcement of Big Tech changes hands in the US. The Federal Trade Commission (FTC) reportedly is investigating Microsoft for potential anti-competitive…
Nebraska AG: Truck Makers Engaged in Anti-Combustion, Antitrust Conspiracy
Nebraska Attorney General Michael T. Hilgers, along with Energy Marketers of America and Renewable Fuels Nebraska, has launched an antitrust suit against some of the…
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Pennsylvania Antitrust Suit Fails to Keep Private Equity-Owned Factory Open
A federal judge in Pittsburgh, Pa., has denied the Attorney General of Pennsylvania’s request to stop the private equity group Centre Lane Partners from closing…
DOJ, States Sue to Block UnitedHealth / Amedisys Merger
The U.S. Department of Justice, along with attorneys general from Maryland, Illinois, New Jersey and New York, have filed suit in the U.S. District Court…
Corning, Leading Maker of Mobile Device Screens, Subject of Antitrust Investigation in Europe
The European Commission announced on Nov. 5 it is investigating Corning Inc., maker of the popular Gorilla Glass product used for many mobile device screens,…
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DOJ Intervenes in Another Algorithmic Pricing Case with Ninth Circuit Brief
The U.S. Department of Justice has stepped in to support a group of Las Vegas hotel customers who allege that prominent hotel operators, including Caesars…
Halt to Airline Alliance in Northeast Affirmed, a Win for Antitrust Division
First Circuit Affirms End to “Naked Restraint of Trade” by American, JetBlue The Department of Justice Antitrust Division secured a victory in the final weeks…
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Medical Groups Call MultiPlan a “Hub-and-Spoke Cartel”
Joining other suits, complaint says company engages in price fixing with insurance companies. The American Medical Association (AMA) and Illinois State Medical Society (ISMS) filed…
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FTC and Mattress Giants Exchange Lawsuits Over Merger
FTC wants to stop “anticompetitive” vertical deal, but companies question agency’s constitutional authority. The Federal Trade Commission continues its effort to block as anticompetitive…
HSR Notification Requirements Updated
Government says additional information will help prevent anticompetitive mergers. In addition to issuing their report on the effectiveness of the Hart-Scott-Rodino Act (see our post),…
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Companies Tend to Abandon or Restructure Deals Rather Than Fight the Feds, Agencies Report
Government credits HSR pre-merger notification program with halting anticompetitive deals. Companies planning mergers and acquisitions tend to avoid challenging the Federal Trade Commission and the…
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 &…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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,…
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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…
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…
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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…
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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…
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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…
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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…
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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…
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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.…
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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.…
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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…
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…
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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…
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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…
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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…
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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…
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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…
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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…
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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,…
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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…
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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…
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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…
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…
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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…
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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…
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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…
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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…
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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…
Partner Jonathan Rubin quoted in Law360’s coverage of PGA-LIV “tie up”proposal
The proposed “tie up” of the PGA Tour Inc. and LIV Golf Inc.’s operations may face scrutiny by the Department of Justice. The two organizations…
Partner Jonathan Rubin Discusses EU’s Approval of Microsoft’s Acquisition of Activision Blizzard
Partner Jonathan Rubin lends expert commentary on the European Union’s recent approval of Microsoft’s acquisition of Activision Blizzard, worth roughly $75 Billion. In an article…
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…
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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…
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“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…
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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…